ABSTRACT

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book provides an inspiration from the concept of the “implementation gap” coined by the first Special Rapporteur on Indigenous Rights, Rodolfo Stavenhagen, aims to explore the status of consultation and Free, Prior and Informed Consent (FPIC) throughout Latin America, both in terms of its legal recognition and its practical administration. It offers a series of country-level case studies and draws comparative lessons regarding the dimensions and nature of the above-mentioned implementation gap regarding the right to consultation of Indigenous Peoples and their FPIC, together with its multiple causes and consequences for the protection of these peoples’ rights, lands, and ways of life. The book also offers an overview of the scope and nature of the right to consultation of Indigenous Peoples and their FPIC at the international, regional, and national levels.