During June 2026, the 114th session of the International Labour Conference (ILC) is being held in Geneva, Switzerland. Representatives of governments, employers, and workers from the 187 ILO Member States participate in this major annual assembly, which addresses various topics related to the world of work, such as decent work in the platform economy, the transformative agenda for achieving gender equality at work, and social dialogue, among other issues.
The ILC has several documents under consideration, including the annual report of the Committee of Experts on the Application of Conventions and Recommendations (CEACR). This extensive text compiles comments on progress and limitations in the implementation of existing international conventions.
The CEACR is composed of 20 members, prominent specialists appointed by the Governing Body based on proposals from the Director-General. This Committee is tasked with indicating the extent to which each State’s law and practice are in conformity with ratified conventions, and the extent to which States comply with their obligations under the ILO Constitution.
Among the international labour conventions analyzed is Convention No. 169 concerning Indigenous and Tribal Peoples, adopted by the ILC in 1989. At the time of writing, only 24 countries had ratified the Convention, the vast majority located in the Americas (16). For this reason, the CEACR’s annual report includes several countries from that region and only a few from elsewhere.
The year 2026 is no exception, as the section on ILO Convention No. 169 includes comments on Chile, Colombia, Costa Rica, Ecuador, Nicaragua, and the Bolivarian Republic of Venezuela. From other regions, only the Central African Republic and Bangladesh are included, although for the latter, comments relate to the implementation of Convention No. 107 of 1957, the predecessor to Convention No. 169.
Below is a brief reference to some of the most relevant contents of the report, highlighting issues related to collective rights to lands and territories, participation and consultation, as well as some particularly concerning situations regarding the fundamental human rights of indigenous individuals and communities in the countries analyzed by the CEACR.
Chile
Regarding lands and territories, the CEACR notes that the Government reports that, based on Article 20 of Law No. 19,523, which created the Indigenous Land and Water Fund, the National Corporation for Indigenous Development (CONADI) has granted subsidies to 72 individuals for land acquisition and has supported 50 others to finance access to mechanisms to resolve land-related problems.
The Government also indicates that CONADI has a Conciliation Unit to seek extrajudicial resolution of land conflicts.
The CEACR notes that, in its final report, the Presidential Commission for Peace and Understanding pointed out that the subsidy under Article 20(a) of Law 19,523 faces difficulties due to the short period for its use (six months, renewable once) and the scarcity of available properties matching the expectations and resources of the beneficiaries, which limits its effectiveness in resolving land demands.
It also indicated that the direct purchase mechanism under Article 20(b), although it has allowed the greatest expansion of collective lands, has been criticized for its administrative and restrictive discretion, as it has excluded land claims without historical titling, perpetuating conflict in the Biobío, La Araucanía, Los Ríos, and Los Lagos regions.
The CEACR, considering the recommendations of the Presidential Commission for Peace and Understanding, asks the Government to take the necessary measures to evaluate the current system for allocating and reclaiming land in favor of indigenous communities, including the application of Article 20 of Law No. 19,523.
It also asks the Government to report on the measures taken to address territorial conflicts in the Biobío, La Araucanía, Los Ríos, and Los Lagos areas, indicating cases where a solution has been reached between the disputing parties.
Colombia
The CEACR pays special attention to what it calls the situation of vulnerability and precariousness of the Wayúu indigenous communities in Colombia.
The CEACR takes note of Constitutional Court Ruling T-302 of 2017 regarding the systematic violation of the rights of Wayúu children in La Guajira, especially the rights to health, drinking water, food, and food security. The ruling declares an unconstitutional state of affairs in La Guajira due to the death of more than 4,770 minors from causes associated with malnutrition.
For its part, the Colombian Government reports on measures taken to address this situation, such as:
- The construction of 12 water capture and distribution systems, which have benefited 3,500 Wayúu people;
- The establishment of ecological flows in rivers influenced by mining; and
- Permanent monitoring and follow-up on the use of water sources, to guarantee the minimum vital flow and avoid affecting water availability for indigenous communities.
The CEACR notes that the Constitutional Court observed that since the notification of the ruling, 729 Wayúu children have died in the municipalities of Uribia, Manaure, Maicao, and Riohacha; 849 in the department of La Guajira; and 5,564 throughout the country. The Court considers it inadmissible that, after seven years, malnutrition and child mortality figures have not decreased considerably.
The Committee also notes that, according to the final report on the visit to Colombia by the UN Special Rapporteur on the Rights of Indigenous Peoples, in La Guajira, 81.1% of the Wayúu population do not meet their basic needs, and 53.3% live in conditions of extreme poverty. In the last decade, more than 5,000 Wayúu children have died from malnutrition and dehydration, despite Constitutional Court Ruling T-302 of 2017. In that regard, the Special Rapporteur points out that the monthly delivery of water tankers is a regrettable and insufficient response to the structural problem of access to water.
The CEACR urges the Government, ensuring the participation of affected communities in the design, implementation, and evaluation of measures, to adopt without delay the necessary measures to guarantee the life and physical integrity of the Wayúu indigenous population, putting an end to the precariousness, malnutrition, and dehydration affecting this community.
Furthermore, citing information sent by Colombian trade union organizations CUT, CTC, and CGT, the CEACR refers to several difficulties regarding consultation processes:
- The lack of understanding of the real scope of key wind farm projects for the energy transition that directly affect Wayúu communities, invalidating their ability to make informed decisions;
- The importance of respecting the right to prior consultation of indigenous peoples so that they are decision-makers regarding the Energy Transition Policy and the Strategic Minerals Mining Strategy (2022); and
- The need to strengthen mining closure regulations, emphasizing that the State and the company must dialogue with communities to jointly define prior consultation processes on closure plans, comprehensive reparation for damages caused, ecological restoration, and verifiable investment commitments.
The CEACR recalls that Article 6 of the Convention provides that consultations shall be carried out in good faith and in a manner appropriate to the circumstances, with the aim of reaching an agreement or obtaining consent, so that as a participation tool, they allow the full expression of the opinions of the peoples concerned so that they can influence outcomes and consensus can be reached.
The CEACR asks the Government to indicate the measures taken to ensure that full and informed consultations are held when projects are planned in indigenous territories.
It also requests that it adopt the necessary measures so that DANCP can fulfill its role and to train indigenous peoples and competent public officials on the consultation process established in the guide for conducting prior consultation.
Finally, it asks the Government to provide information on the consultation processes carried out by DANCP, especially those related to the energy transition, the agreements reached, and the difficulties encountered, as well as on the mechanisms that exist to ensure the participation of the peoples covered by the Convention in the benefits of development projects undertaken on their lands.
Costa Rica
Regarding fundamental human rights (Article 3 of Convention 169), the CEACR indicates that, in its 2024-2025 annual report, the Ombudsman’s Office has evidenced the lack of prompt and effective justice in the murders of indigenous leaders Sergio Rojas and Jehry Rivera and has warned of the escalation of violence in territories such as China Kichá and Cabagra, where the lives of human rights defenders remain at risk.
The CEACR also takes note of the 2022 report of the UN Special Rapporteur on the Rights of Indigenous Peoples, which contains information on various attacks against indigenous leaders. In most cases, the underlying cause is the lack of security of indigenous land tenure, with a situation of systematic violence by some landowners, particularly in the south of the country.
On this matter, the CEACR, in light of the Ombudsman’s Office report, asks the Government to take the necessary measures to:
- Guarantee the protection of the life and integrity of indigenous peoples, their representatives, leaders, and defenders; and
- Investigate and sanction those materially and/or intellectually responsible for all reported acts of violence, intimidation, and persecution. Please provide information on this matter.
Regarding the situation of indigenous territories in Costa Rica, the CEACR takes note of the information provided by the Government on the actions carried out by the Rural Development Institute (INDER) in 9 of the 24 indigenous territories (Salitre, Térraba, Cabarga, China Kichá, Guatuso, Altos de San Antonio, Zapatón, Guaymí de Osa, and Kekoldi (Cocles)), including information gathering, demarcation, census study, topographic survey, preparation of files for compensation or eviction of farms, and appraisals of farms occupied by non-indigenous people.
The CEACR observes that, according to the latest available INDER report from 2023, the services with the lowest implementation rate (11.67%) are those related to indigenous land management, and these lack an investment budget. It urges the Government to take the necessary measures so that, within the framework of the ongoing action, concrete progress can be made in land recovery to guarantee the rights of indigenous peoples over the lands they traditionally occupy.
Ecuador
The CEACR mentions the report of the Tripartite Committee responsible for examining the complaint submitted by Public Services International (PSI), the National Confederation of Public Servants of Ecuador (CONASEP), and the National Federation of Workers of Provincial Governments of Ecuador (FENOGOPRE), which alleged the Government’s non-compliance with the Convention. This complaint was approved by the ILO Governing Body in March 2024.
In its report, the Tripartite Committee asked the Government to provide information on:
- Progress in investigations into acts of violence against members of the Shuar Arutam indigenous people that occurred within the San Carlos Panantza mining project in Morona Santiago;
- Studies on social, spiritual, cultural, and environmental impact, as well as regarding consultation with the Shuar Arutam people concerning the San Carlos Panantza and Warintza mining projects;
- Progress in the titling process of lands traditionally occupied by the Shuar Arutam people;
- Adoption of a regulatory framework for consultation with indigenous peoples in the mining sector; and
- Establishment of mechanisms for the participation of indigenous peoples in the context of discussing a mining policy regarding the formulation of programs and plans likely to affect them directly.
The CEACR regrets to observe that the Government did not provide specific information in this regard.
It also analyzes what the CEACR calls a “climate of violence in the context of social protests.” It takes note that CEOSL and PSI refer to the state of acute social and political conflict the country is experiencing, expressed in the national strike of September and October 2025 declared in response to various economic measures adopted by the Government with an impact on the human rights of Indigenous Peoples.
The trade union entities allege the following:
- In the context of these protests, the deaths by gunshot of Mr. Efraín Fueres and Mr. José Guzmán, both belonging to indigenous peoples; and
- The criminalization of indigenous and trade union leaders, and the emergence of acts of hatred and racism against the indigenous population by public order agents.
Additionally, in its statement of September 29, 2025, the Office of the UN High Commissioner for Human Rights for South America referred to acts of violence in the context of protests called by indigenous movements in September 2025.
Nicaragua
The CEACR expresses its deep concern that, through a communication of February 27, 2025, the Government of Nicaragua notified the Director-General of the International Labour Office (ILO) of its intention to withdraw from the ILO.
In that regard, it recalls that, under Article 1 of the ILO Constitution, the State remains bound by all international labour conventions it has sovereignly ratified, including all obligations arising from or relating to those conventions.
It takes note with concern of the report of the Inter-American Commission on Human Rights (IACHR) entitled “Violence against Indigenous and Afro-descendant Peoples of the Caribbean Coast in Nicaragua,” published in 2025. In the document, the IACHR concludes that the physical and cultural existence of indigenous and tribal Afro-descendant peoples of Nicaragua’s Caribbean Coast is at risk. Violence exercised by armed settlers and other groups to dispossess them of their ancestral lands, territories, and natural resources seriously threatens their cultural and collective survival.
It refers to the imposition of parallel governments that have weakened indigenous peoples’ representation mechanisms, and to a pattern of violence characterized by:
a) Continuity and frequency of armed attacks perpetrated by groups of settlers and organized crime occurring with the State’s tolerance and acquiescence;
b) Murder and criminalization of traditional authorities, community leaders, and territory defenders;
c) Threats, harassment, and extortion of communities;
d) Acts of torture and sexual violence; and
e) Structural impunity in a context of absolute concentration of power in the Executive.
The CEACR invites the Government to restore dialogue with ILO supervisory bodies as soon as possible and recommends that it avail itself of the Office’s technical assistance in this context.
The CEACR notes that both the Committee on Economic, Social and Cultural Rights and the UN Committee on the Elimination of Racial Discrimination, in their final observations of 2021 and 2023 respectively, expressed concern over allegations regarding the Government’s disregard for indigenous authorities elected in community assemblies, and the creation of parallel governments to supplant the representation of legally constituted indigenous communities, affecting political participation and consultation procedures and facilitating the usurpation of indigenous territories.
The CEACR asks the Government to urgently implement the necessary measures to:
- Investigate all acts of violence committed in areas where indigenous peoples are settled in the North Caribbean Coast, determine responsibilities, and prosecute the guilty, including within the framework of the work of the inter-institutional commission established by the Supreme Court of Justice;
- Protect the life and physical and psychological integrity of indigenous peoples of the North Caribbean Coast, particularly indigenous women; and
- Launch coordinated action to identify the roots of conflicts that have given rise to violence and take action in this regard.
Regarding progress in the demarcation and titling of indigenous lands, the Government reports that:
- It has delivered 125,277 property titles benefiting a total of 134,491 people through the Property Management Project (PRODEP III);
- It has carried out topographic surveys for cadastral updating purposes in the territories of indigenous communities in the Departments of Madriz, Nueva Segovia, and Jinotega, namely: 13,452 plots in the municipality of Telpaneca; 4,851 plots in the municipality of San José de Cusmapa; 3,087 plots in the municipality of Las Sabanas; 5,240 plots in the municipality of Mozonte; and 3,504 plots in the municipality of María de Pantasma;
- In coordination with the National Demarcation and Titling Commission (CONADETI), property titles have been delivered in two complementary areas, in the Mayangna Sauni Bu territory and the Miskitu Indian Tasbaika Kim territory;
- From 2005 to 2022, a total of 23 communal property titles and three complementary areas have been delivered and approved in the North Caribbean Coast Autonomous Region (RACCN) and the South Caribbean Coast Autonomous Region (RACCS), covering a total of 3,881,598.9 hectares (representing 29.7% of the national territory), which have been registered in the Public Property Registry. This has benefited 313 indigenous and Afro-descendant communities and 284,161 people.
The CEACR also notes that the Government indicates that matters involving real rights within a territory occupied by indigenous communities are brought to the attention of the competent judicial authority, which in turn informs the respective territorial authority so that affected communities can intervene in the process.
It is highlighted that the UN Committee on the Elimination of Racial Discrimination, in its final observations of 2023, expressed concern over allegations regarding the lack of land regularization of indigenous territories, which has led to illegal invasions by settlers and non-indigenous people and to conflicts and violence over access to land and natural resources.
The CEACR asks the Government to continue making efforts to advance titling, demarcation, and land regularization processes for lands traditionally occupied by peoples covered by the Convention, and to continue providing detailed information in this regard.
Bolivarian Republic of Venezuela
It is highlighted that the UN High Commissioner for Human Rights, in its June 2025 report on the human rights situation in the Bolivarian Republic of Venezuela, expressed concern over delays in investigations into murders and other violations against Indigenous Peoples.
The CEACR recalls that for Indigenous Peoples to be able to exercise and enjoy the rights enshrined in the Convention, Governments must adopt adequate measures to guarantee a climate free from violence, pressure, fear, and threats of any kind. The CEACR deplores the situation of insecurity and violence affecting Indigenous Peoples, their leaders, and their defenders in the country.
On that basis, it urgently urges the Government to adopt without delay the necessary measures to:
- Protect the life and integrity of indigenous peoples, their representatives, leaders, and defenders;
- Investigate and sanction those responsible for all acts of violence, intimidation, and persecution;
- Adequately protect indigenous peoples in conditions of initial contact or voluntary isolation; and
- Prevent and end conflicts generated by illegal activities, including mining expansions.
Regarding indigenous lands, their demarcation, and titling, the Government reports that each people establishes the timeframe for its “self-demarcation” according to its own realities and worldview.
The CEACR urges the Government to without delay:
- Take measures to resolve land claims made by indigenous peoples and advance the demarcation and titling of their lands, with the participation of the peoples and communities concerned; and
- Ensure effective protection of indigenous peoples’ rights to their lands, including measures against any intrusion or unauthorized use of these lands.
Regarding the so-called Orinoco Mining Arc, the CEACR recalls that it had deplored reports on the situation of Indigenous Peoples affected by mining activities. It notes that the Government reaffirms its commitment to protect the rights of indigenous peoples in the region and its duty to prevent and sanction illegal activities.
Regarding the relocation of indigenous communities (Article 16 of ILO Convention 169), the CEACR received information on various extractive projects that have caused territorial dispossession and forced relocation of indigenous communities historically settled in the Cordillera del Cóndor, Túndame parish, resulting in the loss of ancestral lands, fragmentation of the social fabric, and displacement of communities without their consent, without adequate compensation, and without respect for their cultural integrity.
In its response, the Government recognizes the need to ensure that consultation with indigenous peoples and nationalities is carried out in accordance with international standards and that, in certain cases, these require free, prior, and informed consent, especially when facing decisions likely to significantly affect their territories and ways of life.
The CEACR asks the Government to take the necessary measures to ensure that the removal and relocation of Indigenous Peoples from their lands constitutes an exceptional measure that can only be carried out with their free and fully informed consent, and to report on this, providing examples of relocations carried out in accordance with this provision.