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Los Derechos de los Pueblos Indígenas y Tribales en la Práctica

Los Derechos de los Pueblos Indígenas y Tribales en la Práctica

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11/15/2012

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PROGRAMA PARA PROMOVER EL CONVENIO NÚM. 169 DE LA OIT (PRO 169)Departamento de Normas Internacionales del Trabajo, 2009
LOS DERECHOSDE LOS PUEBLOSINDÍGENAS Y TRIBALESEN LA PRÁCTICA 
UNA GUÍA SOBREEL CONVENIO NÚM. 169 DE LA OIT 
 
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LOS DERECHOS DE LOS PUEBLOS INDÍGENAS Y TRIBALES EN LA PRÁCTICA UNA GUÍA SOBRE EL CONVENIO NÚM. 169 DE LA OIT 
 
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LOS DERECHOS DE LOS PUEBLOS INDÍGENAS Y TRIBALES EN LA PRÁCTICA - UNA GUÍA SOBRE EL CONVENIO NÚM. 169 DE LA OIT
ÍNDICE
Reconocimientos ·········································································································································· 4Introducción ················································································································································· 5Cómo usar esta Guía ····································································································································· 6
I.Identicacióndelospueblosindígenastribales
········································································· 8
1.1. Cobertura del Convenio núm. 169 de la OIT ··············································································· 9
1.2.Identicacndelospueblosindígenasenlasestasticas
························································ 10
1.3.ComentariosdelosórganosdecontroldelaOIT:Cobertura
···················································· 11
1.4.Aplicaciónpctica:Declaracióndecobertura
·········································································· 13
II.Elconceptodepueblosindígenasenelcontextodelosderechos
··········································· 24
III.Responsabilidadesdelosgobiernos
···························································································· 28
3.1.Accncoordinadaysistetica
·································································································· 293.2. Derechos fundamentales ·········································································································· 32
3.3.Medidasespeciales
·················································································································· 35
3.4.Disposicionesclaveparalaimplementación
············································································· 36
3.5.ComentariosdelosórganosdecontroldelaOIT:Accióncoordinadaysistemática
·················· 37
3.6.Aplicaciónpctica:Responsabilidadesdelosgobiernos
·························································· 39
3.6.1.Accióncoordinadaysistemática
·················································································· 393.6.2. Combatir la discriminación y cerrar las brechas socioeconómicas ······························· 44
IV.Institucionesindígenas
··················································································································· 48
4.1.Retenerydesarrollarlascostumbres,tradicioneseinstitucionesindígenas
·································· 49
4.2.Aplicaciónpráctica:Respetoporlasinstitucionesindígenas
························································ 50
 V.Participación,consultaconsentimiento
····················································································· 58
5.1.Consultayparticipación:LapiedraangulardelConvenio
························································· 59
5.2.ComentariosdelosórganosdecontroldelaOIT:Consultayparticipación
······························· 64
5.3.Aplicaciónpctica:Consultayparticipacn
············································································ 665.3.1. Procedimientos de consulta ························································································· 665.3.2. Establecimiento de consejos consultivos ····································································· 68
5.3.3.Participaciónenlosconsejoselectorales
····································································· 75
5.3.4.Participaciónenelgobiernolocal
················································································· 78
 VI.Derechoconsuetudinario,sistemaspenalesaccesoalajusticia
··········································· 80
6.1. Costumbres y derecho consuetudinario ···················································································· 81
6.2.Delitosysistemaspenales
········································································································ 836.3. Acceso a la justicia ··················································································································· 84
6.4.Aplicacionespcticas:Derechoconsuetudinario
····································································· 86
 VII.Tierrasterritorios
·························································································································· 90
7.1.Elconceptodetierra
················································································································ 91
7.2.Proteccióndelderechoalapropiedadyalaposesn
······························································ 91
7.3.Desplazamiento
························································································································ 97
7.4.ComentariosdelosórganosdecontroldelaOIT:
 Los derechos sobre las tierras y los territorios ··········································································· 99
7.5.Aplicacionespcticas:tierrasyterritorios
·············································································· 100

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