Oñati Socio-Legal Series (Apr 2023)

Community-based justice or indigenous justice in international law: Analysis of Article 9 of ILO Convention 169

  • Antonio Peña Jumpa

DOI
https://doi.org/10.35295/osls.iisl/0000-0000-0000-1371
Journal volume & issue
Vol. 13, no. 2

Abstract

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This paper deals with communal justice or indigenous justice governed by Convention No. 169 of the International Labour Organization (ILO). Article 9 of the indicated Convention is analysed describing and commenting on the different aspects or assumptions it contains about communal or indigenous justice. Likewise, this content is analysed in the doctrine and in the author’s field experience. The central question that guides the work is: How does the International Convention No. 169 of the International Labour Organization regulate communal or Indigenous justice? The answer is made through the verification of a hypothesis that raises the limits of the Article 9 of Convention 169 to understand and regulate communal or indigenous justice that is practiced in indigenous communities or peoples.