The Prior Consultation of Indigenous Peoples in Latin America: Inside the Implementation Gap

Cover
Half Title
Series Page
Title Page
Copyright Page
Dedication
Table of Contents
List of illustrations
List of contributors
Preface
Acknowledgements
Introduction
	Notes
	References
PART I: Defining prior consultation
	1. Indigenous Peoples’ contributions to multilateral negotiations on their rights to participation, consultation, and free, prior and informed consent
		Introduction
		Early affirmations of Indigenous rights to participation, consultation, and consent
		Participation, consultation, and consent in the ILO Conventions
		The UNDRIP drafting process
		Conclusions
		Notes
		References
	2. Towards a global framework on business and human rights, Indigenous Peoples, and their right to consultation and free, prior, and informed consent
		Introduction
		The global framework on business and human rights and its focus on Indigenous Peoples
		International standards on the right to consultation and Free, Prior and Informed Consent
		The Inter-American Human Rights System and Indigenous Peoples’ rights
		Business activities in the recent case law of the Inter-American Court of Human Rights
		Final thoughts: what role for businesses vis-à-vis consultation and Free, Prior and Informed Consent?
		References
	3. Binding consent of Indigenous Peoples in Colombia: an example of transformative constitutionalism
		Introduction
		Transformative case law of the Constitutional Court of Colombia
		The main developments of Colombian case law
		Conclusion: towards binding consent?
		Notes
		References
	4. Indigenous Peoples’ experiences of resistance, participation, and autonomy: consultation and free, prior and informed consent in Peru
		Introduction
		Constitutional context, ILO 169 and the UNDRIP
		Implementation of the right to consultation in Peru
		Experiences of Peruvian Indigenous Peoples with Consultation
		Conclusion
		Notes
		References
PART II: Administrating prior consultation
	5. The coupling of prior consultation and environmental impact assessment in Bolivia: corporate appropriation and knowledge gaps
		Introduction
		EIA in environmental governance in the Global South: a critical inquiry
		Prior consultation and EIA in Bolivia
		Pro-extraction information in the EIA
		EIA knowledge: the only game in town
		Corporate disrespect of achieved agreements
		Discussion and conclusions
		Notes
		References
	6. Prior consultation as a scenario for political dispute: a case study among the Sikuani Peoples from Orinoquía, Colombia
		Introduction
		Prior consultation in Colombia
		Oil invasion in Orinoquía’s Indigenous territories
		Oil companies, consultation, and irregularities
		Staging a dispute: Wacoyo’s experience of prior consultation
		Conclusions
		Notes
		References
	7. Prior consultation as a door opener: frontier negotiations, grassroots contestation, and new recognition politics in Peru
		Introduction
		Peru’s legislative framework: from mobilisations to law
		Grassroots contestation and narrow consultations in the extractive sector
		Through the back door: intercultural reforms at the national level
		Conclusion: the combined effects of legal change, policy reform, and grassroots contestation
		Notes
		References
	8. Processes and failures of prior consultations with Indigenous Peoples in Chile
		Introduction
		A short overview of Indigenous Peoples in Chile and their rights
		The Chilean legislative framework on the right to prior consultation of Indigenous Peoples
		The institutional consultations in Chile (2009–2017)
		Concluding remarks
		Notes
		References
	9. Institutional scope and limitations of the right to consultation and the free, prior and informed consent of Indigenous Peoples in Mexico
		Introduction
		Direct democracy and Indigenous consultation
		The right to Indigenous consultation within the Mexican State
		The right to consultation in the Indigenous consultation system of the CDI
		Indigenous consultation from the perspective of the National Human Rights Commission
		Conclusions
		Notes
		References
PART III: Institutionalising prior consultation
	10. The construction of a general mechanism of consultation with Indigenous Peoples in Costa Rica
		Introduction
		Discourse of national identity and exclusion of Indigenous culture in Costa Rica
		Recognising the right to prior consultation in Costa Rica
		Introductory regulations and case law on International Human Rights Law
		The process of creating a Mechanism for Consultation with Indigenous Peoples (CMGDPI)
		Executive Directive 042-MP
		Executive Order 40932-MP-MJ
		Some conclusions
		Notes
		References
	11. The construction of a national mechanism of prior consultation in Honduras
		Introduction
		Contextualisation and status of Indigenous Peoples
		Regulatory framework
		Construction of the mechanism of prior consultation in Honduras
		Challenges and conclusions
		Notes
		References
	12. Towards an effective prior consultation law in Paraguay
		Introduction
		Indigenous Peoples in Paraguay
		Legal framework
		The path towards a protocol on prior consultation
		The practice of consultation
		Conclusions
		Notes
		References
PART IV: Avoiding prior consultation
	13. The failure to consult Indigenous Peoples and obtain their free, prior and informed consent in Ecuador: the Yasuní ITT case
		Introduction
		Ecuador’s legal framework for Indigenous Peoples’ consultation and FPIC
		The Yasuní and the ITT Initiative
		The Yasuní-ITT: the failure to consult and obtain FPIC
		A missed opportunity for broader social participation
		Conclusions
		Notes
		References
	14. The right to consultation and free, prior and informed consent in Argentina: the case of Salinas Grandes-Laguna de Guayatayoc
		Introduction
		Current legislation
		Territorial disputes: Law 26,160 of 2006
		Right to consultation and Free, Prior and Informed Consent
		Lithium: white gold
		The case of Salinas Grandes-Laguna Guayatayoc
		Conclusions
		Notes
		References
	15. Lack of consultation and free, prior and informed consent, and threats to Indigenous Peoples’ rights in Brazil
		Indigenous Peoples and threats to their rights in Brazil
		The right to consultation and the Free, Prior and Informed Consent of Indigenous Peoples in Brazil
		Judicial decisions
		Raposa Serra do Sol case
		Belo Monte case
		The non-implementation of consultation and FPIC in Brazil
		Indigenous protocols for consultations
		Conclusions
		Notes
		References
PART V: Rethinking prior consultation
	16. Implementation of the right to prior consultation of Indigenous Peoples in Guatemala
		Introduction
		Indigenous Peoples in Guatemala
		The Right to Prior Consultation and Free, Prior and Informed Consent
		A brief background of the implementation of prior consultation in Guatemala
		Forms of Consultation for Indigenous Peoples in Guatemala
		Community consultations
		Municipal consultations
		Prior consultation
		The judgement in the San Rafael Mining case
		Initiatives for implementing the Right to Prior Consultation
		Regulations established by the Executive Body
		Operational Guide for the Implementation of Prior Consultation for Indigenous Peoples
		Legal initiatives before the Congress of the Republic of Guatemala
		Concluding remarks
		References
	17. From consultation to consent: the politics of Indigenous participatory rights in Canada
		Introduction
		Canada’s ambiguous commitment to the international Indigenous rights regime
		From principle to practice: consultation and consent under Canadian law
		Existing participatory mechanisms and their limits
		Indigenous strategies for asserting FPIC
		Conclusions
		Notes
		References
PART VI: Lessons learned
	18. From the implementation gap to Indigenous empowerment
		Introduction
		Significant findings
		Inside the implementation gap
		Other implications for policy and research
		Final remarks
		Note
		References
Index