ABSTRACT
This chapter focuses on how the prior consultation of Indigenous Peoples is devised in Guatemala, how it has been shaped by national jurisprudence, and the elements which need to be determined for its effective implementation as a right. It discusses a legal methodology by analysing different judgements made by the Guatemalan Constitutional Court, which, with reference to international law standards, have ruled over various cases where prior consultation has been omitted. On 18 July 2017, the Operational Guide for the Implementation of Prior Consultation for Indigenous Peoples – prepared by MINTRAB and based on the above-mentioned rulings in the Oxec and Oxec II cases – was presented in public. The chapter provides an explanation of specific initiatives for the implementation of the right to prior consultation by means of the Congress of the Republic’s ordinary statutes, regulations, and guidance from the Executive Branch.
