Recognition of the customary law of indigenous people is an integral part of the recognition to their existence as a whole. The 1989 ILO Convention concerning Indigenous and Tribal People in Independent Countries is an international instrument which obligates its parties to recognize indigenous people as well as its customary law. Ecuador and Norway are parties to the convention which will be used as examples for the implementation of the convention in recognizing respective indigenous people and laws. The indigenous people of both countries have similar history of struggles in obtaining the state’s recognition, and at the end they’re recognized through the constitution of their respective states. In the process of recognition, however, Ecuador and Norway have different but unique and typical characteristics with different results. These different characteristics and results are related to the different situations and conditions of the indigenous people and the political environment in Ecuador and Norway.
Becker, Marc. Pachakutik : Indigenous Movement and Electoral Politics in Ecuador. 1st edition. Plymouth : Rowman & Littlefield Publishers. 2011. MacKay, Fergus. A Guide to Indigenous People’s Rights in the International Labour Organization. 1st edition.Gloucestershire: Forest People Program. 2003. Johanson, Peter. “Indigenous Self-Determination in the Nordic countries : The Sami, and the Inuit of Greenland.” In Handbook of Indigenous Peoples’ Rights. Edited by Corinne Lennox and Damien Short, 424-442. New York : Routledge. 2016. Ruiz Hernandez and Aracely Burguete Cal y Mayor, Margarito. “Indigenous Peoples without Political Parties: the Dilemma of Indigenous Representation in Latin America.” In Challenging Politics : Indigenous People’s Experiences With Political Parties and Elections. Edited by Kathrin Wessendorf, 20-63. Copenhagen : IWGI. 2001. Simon Thomas, Marc. Legal pluralism and Interlegality in Ecuador : The La Cocha Murder Case. 1st edition. Amsterdam : Centre for Latin American Research and Documentation. 2009. Simon Thomas, Marc. The Challenge of Legal Pluralism : Local dispute settlement and the Indian-state relationship in Ecuador. 1st edition. New York : Routledge. 2016. Swepston, Lee. “Indigenous Peoples In Internasional Law And Organizations.” In International Law And Indigenous People. Edited by Joshua Castellino And Niamh Walsh, 53-66. Leiden : Martinus Nijhoff Publishers. 2005. ARTICLE Andolina, Robert. “The Sovereign and its Shadow: Constituent Assembly and Indigenous Movement in Ecuador.” Journal of Latin American Studies (November, 2003). Page 721-750. Franklen Gussen, Benjamen. “A Comparative Analysis Of Constitutional Recognition Of Aboriginal Peoples,” Melbourne University Law Review (2017). Page 1-38. P. Jameson, Kenneth. “The Indigenosu Movement in Ecuador : The Struggle for Plurinational State.” Latin American Perspective (January, 2011). Page 63-73. Ravna, Øyvind. “The Legal Protection of the Rights and culture of Indigenous Sámi People in Norway.” Journal of Siberian Federal University (2013). Page 1575 - 1591. Simon Thomas, Marc. “Legal pluralism and the continuing quest for legal certainty in Ecuador: A case study from the Andean Highlands.” Oñati Socio-Legal Series (2012). Page 57-84. Steinlien, Oystein. “The Sami Law: A Change of Norwegian Government Policy Toward the Sami Minority?.” Canadian Journal of Native Studies (1989). Page 1-14. Young, Rebecca. “Internationally Recognized Human Rights Before the Internasional Criminal Court.” The Internasional and Comparative Law Quarterly (January, 2011). Page 189-208. INTERNET Bainbridge,Emma. “Indigenous Movement in Ecuador : The Emergence of CONAIE.” https://library.brown.edu/create/modernlatinamerica/chapters/chapter-6-the-andes/moments-in-andean- history/indigenous-mobilization-in-ecuador/. Accessed on October 12, 2018. J. Schodolski, Vincent. “Nicaragua, Indians Sign Peace Accord.” https://www. chicagotribune.com/news/ct-xpm-1985-04-23-8501240170-story.html.Accessed on October 5, 2018. Lawrence,William. “Sámi and Norwegians protest construction of Alta Dam, Norway, 1979-1981,” https://nvdatabase.swarthmore.edu/content/Sámi-and-norwegiansprotest-construction-alta-dam-norway-1979-1981.Accessed on December 22, 2018. Norum and Carsten Nieder,Jan. “Socioeconomic characteristics and health outcomes in Sami speaking municipalities and a control group in northern Norway.” https:// www.ncbi.nlm.nih.gov/pmc/articles/PMC3424492/.Accessed on November 22, 2018. Reyes Godelmann,Iker. “The Zapatista Movement: The Fight for Indigenous Rights in Mexico.” http://www.internationalaffairs.org.au/news-item/thezapatistamovement-the-fight-for-indigenous-rights-in-mexico/. Accessed on October 5, 2018. The Editors of Encyclopaedia Britannica. “Sami People.” https://www.britannica. com/topic/Sami. Accessed on November 22, 2018. -----------. “History of Indigenous Peoples Within the ILO.” http://pro169.org/c-107and-ilo-history/. Accessed on October 21, 2018. -----------. “Ratifications of C169 - Indigenous and Tribal Peoples Convention, 1989 (No. 169).”https://www.ilo.org/dyn/normlex/en/f?p=1000:11300:0::NO:11300 :P11300_INSTRUMENT_ID:312314. Accessed on September 21, 2018. -----------. “RANN.” https://vianica.com/nicaragua/raan. Accessed on October 3, 2018. -----------. “Nicaragua : Indigenous People,” https://minorityrights.org /minorities/ indigenous-peoples-5/. Accessed on October 3, 2018. -----------. “Indigenosu Uprising In Ecuador,” https://www.yachana.org/research / oxford_uprisings.html. Accessed on 11 November 2018.
Pratama, Kadek Wahyu Adi
"Recognition to the Customary Law of Indigenous Peoples in the ILO Convention 1989: Practices from Ecuador and Norway,"
Indonesian Journal of International Law: Vol. 16
, Article 2.
Available at: https://scholarhub.ui.ac.id/ijil/vol16/iss3/2