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 when governments and international firms have made 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, identities and ways of life in the Latin American region.
Table of Contents
List of Illustrations
List of Contributors
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 M. Doyle
Part II Administrating Prior Consultation
5. The Coupling of Prior Consultation and Environmental Impact Assessment in Bolivia: Corporate Appropriation and Knowledge Gaps
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
8. Processes and Failures of Prior Consultations with Indigenous Peoples in Chile
9. Institutional Scope and Limitations of the Right to Consultation and the Free, Prior and Informed Consent of Indigenous Peoples in Mexico
Anavel Monterrubio Rubio Redonda
Part III Institutionalising Prior Consultation
10. The Construction of a General Mechanism of Consultation with Indigenous Peoples in Costa Rica
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
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
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: Prior Consultation in Latin America
Claire Wright & Alexandra Tomaselli
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.