ABSTRACT
The adoption of the UNDRIP gave new hope to indigenous peoples in constituting a tool to defend their rights when facing major political and economic powers that impose development projects. The right to prior consultation, foreseen by the UNDRIP, implies an intercultural dialogue between the state and indigenous peoples with the objective to achieve their consent. In addition, it empowers them to demand the fulfilment of other rights and to rule their destinies according to their own criteria and priorities of life. Peru is the first Latin American country that approved a legislation focused on the right to prior consultation. This experience is seen as a successful model by its neighbours. However, after the first years of its application, this legislation has started to be under scrutiny. This article analyses the new Peruvian legislation of prior consultation, its congruence with the UNDRIP and its requirement of free, prior and informed consent through the presentation of an emblematic process of consultation on hydrocarbons.
