CIAO DATE: 11/2014
Spring 2014
Oh! The Places You'll Go (PDF)
Want to complete a consulta previa?
In most countries the process isn't always clear or direct. Who does it, how to do it and how long it can take varies from country to country--a reflection of the vagueness of ILO 169 and the uneven development of government regulations across the hemisphere.
To compare, here are the steps you would need to take in Chile, Colombia, Guatemala, and Peru.
Social Conflict & Ilo 169 (PDF)
Rebecca Bintrim
Across the Andes, resource-related conflict has increased over the past 10 years.
Country Study: Peru (PDF)
Cynthia Sanborn, Alvaro Paredes
During his 2011 presidential campaign, Peruvian President Ollanta Humala promised a new relationship between the Peruvian state and Indigenous peoples, in which the rights of the latter would be guaranteed and their participation in government would be treated
as fundamental.
Country Study: Chile (PDF)
Jerónimo Carcelén Pacheco, Valentina Mir Bennett
While Chile has recognized and supported Indigenous rights through a variety of constitutional, legal and statutory norms, one of the most central-especially given the country's extractive industry-is one of the least settled.
Officially International Labour Organization Convention 169 (ILO 169) has been in effect in Chile since September 15, 2009. But on September 4, 2009, just days before it was to take effect, the Ministry of Planning (today renamed the Ministry of Social Development) issued regulations intended to govern the norms and processes of consultation with Chilean Indigenous communities. Indigenous groups immediately rejected the regulations because the Chilean government had failed to consult them, calling it a law developed without "consultation about consultation." The regulations were officially overturned in March 2014.
Country study: Guatemala (PDF)
Geisselle Sánchez, Silvel Elías
Although they constitute 40 percent of Guatemala's population, Indigenous Guatemalans face great inequality in terms of access to health, education, housing and-most critically-political representation.
In 1995, the Guatemalan Constitutional Court asked Congress to approve and ratify International Labour Organization Convention 169 (ILO 169). Ratified on June 5, 1996, the Convention was elevated to the category of law, committing the Guatemalan government to adapt national legislation in compliance with it.
Country Study: Colombia (PDF)
Sebastian Agudelo, Diana María Ocampo
In Colombia's 2010-2014 National Development Plan, President Juan Manuel Santos listed the mining sector as one of the five engines of the country's economic growth, alongside infrastructure, housing, agriculture, and innovation. At the same time, the government recognized the need for regulatory, legal and policy instruments to make Colombia a regional powerhouse for mining and infrastructure.
Reducing the Financial Risk of Social Conflict (PDF)
Daniel M. Schydlowsky, Robert C. Thompson
In Peru, banks are key players in mitigating-even preventing-flareups over resource extraction that could threaten the banking sector.
Business Responsibility to Respect Indigenous Rights (PDF)
Paloma Muñoz Quick
Contested Lands, Contested Laws (PDF)
Carlos Andrés Baquero Díaz
The process of translating international conventions on consulta previa into laws has not been smooth.
Contradiction in International Law (PDF)
Angela Bunch
International law and practice offer contradictory answers for what happens when communities say "no."
Two Views of Consulta Previa in Guatemala: A View from Indigenous Peoples (PDF)
José Guadalupe Gómez
The Guatemalan state has failed in its obligations to consult Indigenous peoples.
Two Views of Consulta Previa in Guatemala: A View from the Private Sector (PDF)
Cementos Progreso S.A.
Lack of clarity of the regulations and lack of good faith by some community leaders have slowed important investments in Guatemala.
The Rise of Popular Consultations (PDF)
Diana Rodríguez-Franco
Are community popular consultations binding?
Getting to the Table (PDF)
Diana Arbeláez-Ruiz, Daniel M. Franks
No mining project in Latin America can succeed today without full community consultation. Here's how it can work well.
Speaking a Common Language with Latin America: Economics (PDF)
Jose W. Fernandez
Improving relations with the U.S. means deepening already-strong economic ties.
International Cooperation or Gridlock? (PDF)
Antonio de Aguiar Patriota
The end of the unipolar world has created greater opportunities for collaboration-but only if established powers recognize the new mechanisms of global governance.
Elections in Colombia (PDF)
Francisco Miranda Hamburger
When peace is the stump speech.
Ask the Experts: Consulta Previa (PDF)
Sonia Meza-Cuadra, Katya Salazar, César Rodríguez-Garavito, Roberto Junguito Pombo
What have been the benefits of countries adopting consulta previa?