Indigenous and Tribal Populations Convention, 1957 (No. 107) - Belgium (RATIFICATION: 1958)

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The Committee notes the Government’s indication in its report, referring to the Committee’s previous comments on the ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), that the Federal Public Service (SPF) for Employment, Labour and Social Cooperation, in collaboration with the other competent departments, will continue the analysis of Convention No. 169 and that a status report will be sent to the Deputy Prime Minister and the Minister for Economic Affairs and Labour.

The Committee recalls the Government’s previous indication that no aboriginal or tribal people had been identified on the national territory and that Convention No. 107 had been ratified in a spirit of international solidarity. The Committee welcomes this commitment and encourages the Government to continue considering the possibility of ratifying Convention No. 169, which is the most up-to-date instrument in this area, as recalled by the Governing Body in 2016 (see GB.328/LILS/2/1(Rev.)).

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In its previous comments, the Committee noted the Government’s indication that the Convention had been ratified in the spirit of international solidarity and that no indigenous or tribal peoples exist in the territory of Belgium. The Committee invited the Government to include in its next report information on any consultations held with the social partners on the possibility of ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Government indicates in its report that a discussion on this issue will be held in the National Labour Council as part of the presentation of the Government’s reports on ratified Conventions.

The Committee recalls that, at its 328th Session (November 2016), the Governing Body requested the Office to commence follow-up with the member States currently bound by the Convention: (i) encouraging them to ratify Convention No. 169, as the most up-to-date instrument in this subject area, which would result in the automatic denunciation of Convention No. 107; and (ii) collecting information from those member States with the aim of better understanding the reasons for their non-ratification of Convention No. 169 (see GB.328/LILS/2/1(Rev.)). The Committee therefore encourages the Government to act upon the decision adopted by the Governing Body at its 328th Session (November 2016) and consider ratifying Convention No. 169, which is the most up-to-date instrument in this area.

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The Committee notes that in the report received in September 2013, the Government reiterates that no indigenous or tribal peoples exist in the territory of Belgium and that it was decided to ratify the Convention in a spirit of international solidarity. The Committee recalls that, at its 270th Session (November 1997), the Governing Body invited States parties to Convention No. 107 to contemplate ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which would, ipso jure, involve the immediate denunciation of Convention No. 107 (see the report of the Working Party on Policy regarding the Revision of Standards, GB.270/LILS/3(Rev.1), paragraph 85). The Committee also refers to its direct request of 2008 and once again invites the Government to include in its next report information on any consultations held with the social partners on the possibility of ratifying Convention No. 169.

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The Committee notes the Government’s indication that no indigenous or tribal peoples exist in the territory of Belgium and that the Convention had been ratified in a spirit of international solidarity. The Committee recalls that in its 1992 general observation it invited governments which had ratified the Convention to give consideration to ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169). In this regard, the Committee is aware of the discussions in a number of countries concerning the possibility of ratifying Convention No. 169 with a view to supporting the promotion of indigenous peoples’ rights worldwide. In light of the above, the Committee encourages the Government to examine this possibility and to provide information on any further development in this regard.