The Prior Consultation of Indigenous Peoples in Latin America

Inside the Implementation Gap
Herausgeber: Tomaselli, Alexandra; Wright, Claire

• Broschiertes Buch

Produktbeschreibung

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.

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Produktdetails

• Verlag: Routledge
• Seitenzahl: 318
• Erscheinungstermin: 31. März 2021
• Englisch
• Abmessung: 234mm x 156mm x 17mm
• Gewicht: 485g
• ISBN-13: 9780367784379
• ISBN-10: 0367784378
• Artikelnr.: 61212105

Autorenporträt

Claire Wright (PhD in Contemporary Political Processes) is a Research Professor at the Universidad de Monterrey, Mexico. Alexandra Tomaselli (PhD in Law) is a Senior Researcher at Eurac Research, Italy.

Inhaltsangabe

List of Illustrations List of Contributors Preface Acknowledgements
Introduction Part I Defining Prior Consultation 1. Indigenous Peoples'
Contributions to Multilateral Negotiations on their Rights to
Participation, Consultation, and Free, Prior and Informed Consent 2.
Towards a Global Framework on Business and Human Rights, Indigenous
Peoples, and their Right to Consultation and Free, Prior, and Informed
Consent 3. Binding Consent of Indigenous Peoples in Colombia: An Example of
Transformative Constitutionalism 4. Indigenous Peoples' Experiences of
Resistance, Participation, and Autonomy: Consultation and Free, Prior and
Informed Consent in Peru Part II Administrating Prior Consultation 5. The
Coupling of Prior Consultation and Environmental Impact Assessment in
Bolivia: Corporate Appropriation and Knowledge Gaps 6. Prior Consultation
as a Scenario for Political Dispute. A Case Study among the Sikuani Peoples
from Orinoquía, Colombia 7. Prior Consultation as a Door Opener: Frontier
Negotiations, Grassroots Contestation, and New Recognition Politics in Peru
8. Processes and Failures of Prior Consultations with Indigenous Peoples in
Chile 9. Institutional Scope and Limitations of the Right to Consultation
and the Free, Prior and Informed Consent of Indigenous Peoples in Mexico
Part III Institutionalising Prior Consultation 10. The Construction of a
General Mechanism of Consultation with Indigenous Peoples in Costa Rica 11.
The Construction of a National Mechanism of Prior Consultation in Honduras
12. Towards an Effective Prior Consultation Law in Paraguay Part IV
Avoiding Prior Consultation 13. The Failure to Consult Indigenous Peoples
and Obtain their Free, Prior and Informed Consent in Ecuador: The Yasuní
ITT Case 14. The Right to Consultation and Free, Prior and Informed Consent
in Argentina: The Case of Salinas Grandes-Laguna de Guayatayoc 15. Lack of
Consultation and Free, Prior and Informed Consent, and Threats to
Indigenous Peoples' Rights in Brazil Part V Rethinking Prior Consultation
16. Implementation of the Right to Prior Consultation of Indigenous Peoples
in Guatemala 17. From Consultation to Consent: The Politics of Indigenous
Participatory Rights in Canada Part VI Lessons Learned 18. From the
Implementation Gap to Indigenous Empowerment: Prior Consultation in Latin
America