The Prior Consultation of Indigenous Peoples in Latin America: Inside the Implementation Gap, 1st Edition (Hardback) book cover

The Prior Consultation of Indigenous Peoples in Latin America

Inside the Implementation Gap, 1st Edition

Edited by Claire Wright, Alexandra Tomaselli

Routledge

328 pages | 4 B/W Illus.

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Hardback: 9781138488069
pub: 2019-09-09
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Description

This book delves into the reasons behind and the consequences of the implementation gap regarding the right to prior consultation and the Free, Prior, and Informed Consent (FPIC) of Indigenous Peoples in Latin America.

In recent years, the economic and political projects of Latin American States have become increasingly dependent on the extractive industries. This has resulted in conflicts between governments and international firms which make considerable investments in those lands that have been traditionally inhabited and used by Indigenous Peoples, who seek to defend their rights against exploitative practices. After decades of intense mobilisation, important gains have been made at international level regarding the opportunity for Indigenous Peoples to have a say on these matters. Notwithstanding this, the right to prior consultation and the FPIC of Indigenous peoples on the ground are far from being fully applied and guaranteed. And, even when prior consultation processes are carried out, the outcomes remain uncertain.

This volume rigorously investigates the causes of this implementation gap and its consequences for the protection of Indigenous Peoples’ rights, lands, identity and ways of life in the Latin American region.

Table of Contents

List of Figures

List of Tables

Contributor Biographies

Preface

Acknowledgements

Introduction

Alexandra Tomaselli & Claire Wright

Part I: Defining Prior Consultation

1. Indigenous Peoples’ Contributions to Multilateral Negotiations on their Rights to Participation, Consultation, and Free, Prior and Informed Consent

Andrés Del Castillo

2. Towards a Global Framework on Business and Human Rights, Indigenous Peoples, and their Right to Consultation and Free, Prior, and Informed Consent

Humberto Cantú Rivera

3. Binding Consent of Indigenous Peoples in Colombia: An Example of Transformative Constitutionalism

Juan C. Herrera

4. Indigenous Peoples’ Experiences of Resistance, Participation, and Autonomy: Consultation and Free, Prior, and Informed Consent in Peru

Cathal Doyle

Part II: Administrating Prior Consultation

5. The coupling of Prior Consultation and Environmental Impact Assessment in Bolivia: Corporate appropriation and knowledge gaps

Almut Schilling-Vacaflor

6. Prior Consultation as a Scenario for Political Dispute. A Case Study among the Sikuani Peoples from Orinoquía, Colombia

Laura Calle Alzate

7. Prior Consultation as a Door Opener: Frontier Negotiations, Grassroots Contestation, and New Recognition Politics in Peru

Riccarda Flemmer

8. Processes and Failures of Prior Consultations with Indigenous Peoples in Chile

Alexandra Tomaselli

9. Institutional Scope and Limitations of the Right to Consultation and the Free, Prior and Informed Consent of Indigenous Peoples in Mexico

Anavel Monterrubio Redonda

Part III: Institutionalising Prior Consultation

10. The Construction of a General Mechanism of Consultation with Indigenous Peoples in Costa Rica

William Vega

11. The Construction of a National Mechanism of Prior Consultation in Honduras

Irati Nahele Barreña

12. Towards an Effective Prior Consultation Law in Paraguay

Sara Mabel Villalba Portillo

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

Malka San Lucas Ceballos.

14. The Right to Consultation and Free, Prior and Informed Consent in Argentina: The Case of Salinas Grandes-Laguna de Guayatayoc

Marzia Rosti

15. Lack of Consultation and Free, Prior and Informed Consent, and Threats to Indigenous Peoples’ Rights in Brazil

Julia Mello Neiva

Part V: Rethinking Prior Consultation

16. Implementation of the Right to Prior Consultation of Indigenous Peoples in Guatemala

Lucía Xiloj

17. From Consultation to Consent: The Politics of Indigenous Participatory Rights in Canada

Martin Papillon & Thierry Rodon

Part VI: Lessons Learned

18. From the Implementation Gap to Indigenous Empowerment. The Prior Consultation of Indigenous Peoples in Latin America.

Claire Wright & Alexandra Tomaselli

Index

About the Editors

Claire Wright (PhD in Contemporary Political Processes) is a Research Professor at the Universidad de Monterrey, Mexico

Alexandra Tomaselli (PhD in Law) is a Senior Researcher at Eurac Research, Italy

About the Series

Routledge Studies in Development and Society

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
SCI030000
SCIENCE / Earth Sciences / Geography