Publishing Institution: Council of the Americas / Journal: Americas Quarterly

Author:: Cynthia Sanborn and Alvaro Paredes
Publication Date:: 04-2014
Content Type:: Journal Article
Journal:: Americas Quarterly
Institution:: Council of the Americas
Abstract:: 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 treatedas fundamental.
Political Geography:: Peru

Author:: Jerónimo Carcelén Pacheco and Valentina Mir Bennett
Publication Date:: 04-2014
Content Type:: Journal Article
Journal:: Americas Quarterly
Institution:: Council of the Americas
Abstract:: 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.
Political Geography:: Chile

Author:: Silvel Elías and Geisselle Sánchez
Publication Date:: 04-2014
Content Type:: Journal Article
Journal:: Americas Quarterly
Institution:: Council of the Americas
Abstract:: 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.
Political Geography:: Guatemala

Author:: Diana María Ocampo and Sebastian Agudelo
Publication Date:: 04-2014
Content Type:: Journal Article
Journal:: Americas Quarterly
Institution:: Council of the Americas
Abstract:: 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.
Political Geography:: Colombia

Author:: Daniel M. Schydlowsky and Robert C. Thompson
Publication Date:: 04-2014
Content Type:: Journal Article
Journal:: Americas Quarterly
Institution:: Council of the Americas
Abstract:: The Peruvian economy has experienced exceptional growth in the past 10 years, with its GDP expanding at an average yearly rate of 6.5 percent. Much of this growth is due to the mining sector, which in 2012 accounted for 9.6 percent of Peru's GDP, 1.3 percent of its employment and 56.9 percent of its exports.
Political Geography:: Peru

Author:: Paloma Muñoz Quick
Publication Date:: 04-2014
Content Type:: Journal Article
Journal:: Americas Quarterly
Institution:: Council of the Americas
Abstract:: While numerous United Nations mechanisms have addressed the impact of business activities on Indigenous rights, it was only in 2011—with the UN Human Rights Council's unanimous endorsement of the UN Guiding Principles on Business and Human Rights—that the role of businesses in respecting, or abusing, these rights was officially acknowledged.
Topic:: Human Rights
Political Geography:: United Nations

Author:: Carlos Andrés Baquero Díaz
Publication Date:: 04-2014
Content Type:: Journal Article
Journal:: Americas Quarterly
Institution:: Council of the Americas
Abstract:: The right to free, prior and informed consent (FPIC), or consulta previa, has expanded throughout South America. Nine states have ratified the International Labour Organization's Convention 169 (ILO169)—the principal treaty regarding consulta previa. But regulations created by four of those states—Colombia, Chile, Peru, and Ecuador—contradict the commitments they accepted when they ratified the treaty, in effect violating the right of Indigenous people to be consulted on administrative and legislative measures that could directly affect them.
Political Geography:: Colombia, South America, Chile, and Peru

Author:: Angela Bunch
Publication Date:: 04-2014
Content Type:: Journal Article
Journal:: Americas Quarterly
Institution:: Council of the Americas
Abstract:: Indigenous peoples' control over natural resources continues to be one of the most controversial issues in international law. Numerous international human rights treaties recognize Indigenous communities' right to be consulted over the use of resources on or beneath their communal lands. But international law tends to consider third parties' exploitation of natural resources on Indigenous land to be legal—as long as Indigenous rights to consultation, participation and redress, among other rights, are met.
Topic:: International Law
Political Geography:: United Nations

Author:: José Guadalupe Gómez and Mash Mash
Publication Date:: 04-2014
Content Type:: Journal Article
Journal:: Americas Quarterly
Institution:: Council of the Americas
Abstract:: Guatemala is a plurinational country that 22 Maya nations, Xinka, Garifuna, and Ladino people jointly call home. The efforts to gain access to natural resources-often without the consent of the communities affected-constitute another stage in the long history of dispossession and repression of Maya peoples since colonization.
Political Geography:: Guatemala

Author:: Cementos Progreso S.A.
Publication Date:: 04-2014
Content Type:: Journal Article
Journal:: Americas Quarterly
Institution:: Council of the Americas
Abstract:: Guatemala ratified International Labour Organization Convention 169 (ILO 169) on June 5, 1996, more than a year after Guatemala's Constitutional Court, the highest court in the country, ruled in Document 199-95 that the Convention did not contradict the Guatemalan Constitution.
Political Geography:: Latin America and Guatemala

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