ABSTRACT
Both the Inter-American and Universal Systems of Human Rights consider consultation and FPIC as a fundamental right of Indigenous peoples given that it is a necessary condition for the fulfillment of other rights related to free determination, autonomy, property, and the legal recognition of diversity. In the case of Mexico, the historical debt in terms of equality and inclusion has been officially acknowledged, with modifications in the constitution and the emergence or modification of secondary level State laws, and in social, environmental, and property policy. However, there are still serious omissions and transgressions regarding the implementation of consultation and FPIC in practice. This chapter aims to answer the following question: what factors explain the progress and limitations regarding Indigenous consultation rights in Mexico by the administrative apparatus responsible for their implementation? To do so, the study explains how the acknowledgement, respect for, and guarantees of Indigenous consultation rights are approached by the National Commission for the Development of Indigenous Peoples. The chapter focuses on international standards as a key reference point in the analysis.
