ABSTRACT

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.

chapter 1|10 pages

Introduction

ByAlexandra Tomaselli, Claire Wright

part I|2 pages

Defining prior consultation

chapter 3|17 pages

Binding consent of Indigenous Peoples in Colombia

An example of transformative constitutionalism 1
ByJuan C. Herrera

chapter 4|17 pages

Indigenous Peoples’ experiences of resistance, participation, and autonomy

Consultation and free, prior and informed consent in Peru
ByCathal M. Doyle

part II|2 pages

Administrating prior consultation

chapter 5|14 pages

The coupling of prior consultation and environmental impact assessment in Bolivia

77Corporate appropriation and knowledge gaps
ByAlmut Schilling-Vacaflor

chapter 6|15 pages

Prior consultation as a scenario for political dispute

A case study among the Sikuani Peoples from Orinoquía, Colombia
ByLaura Calle Alzate

chapter 7|13 pages

Prior consultation as a door opener

Frontier negotiations, grassroots contestation, and new recognition politics in Peru
ByRiccarda Flemmer

part III|2 pages

Institutionalising prior consultation

chapter 11|14 pages

The construction of a national mechanism of prior consultation in Honduras

ByIrati Nahele Barreña

chapter 12|14 pages

Towards an effective prior consultation law in Paraguay

BySara Mabel Villalba Portillo

part IV|2 pages

Avoiding prior consultation

chapter 13|13 pages

The failure to consult Indigenous Peoples and obtain their free, prior and informed consent in Ecuador

197The Yasuní ITT case
ByMalka San Lucas Ceballos

chapter 14|15 pages

The right to consultation and free, prior and informed consent in Argentina

The case of Salinas Grandes-Laguna de Guayatayoc
ByMarzia Rosti

part V|2 pages

Rethinking prior consultation

chapter 17|16 pages

From consultation to consent

The politics of Indigenous participatory rights in Canada
ByMartin Papillon, Thierry Rodon

part VI|2 pages

Lessons learned

chapter 18|12 pages

From the implementation gap to Indigenous empowerment

278Prior consultation in Latin America
ByClaire Wright, Alexandra Tomaselli