1. Ask the Experts: Consulta Previa
- Author:
- Sonia Meza-Cuadra, Katya Salazar, César Rodríguez-Garavito, and Roberto Jungito Pombo
- Publication Date:
- 04-2014
- Content Type:
- Journal Article
- Journal:
- Americas Quarterly
- Institution:
- Council of the Americas
- Abstract:
- What have been the benefits of countries adopting consulta previa? Sonia Meza-Cuadra answers: Governments aim to make decisions that will improve the economic and social development and welfare of their citizens. But historically, decisions affecting Indigenous and tribal people's culture, ancestral lands and habitats have too often been made without their participation. ilo 169 and the UN Declaration on the Rights of Indigenous Peoples seek to redress this situation. The processes of free, informed prior consent, or consulta previa, have faced several challenges, most of which are rooted in the historical mistrust between governments and Indigenous peoples. Rebuilding this trust and reaching a consensus is complicated by the long absence of the state and, consequently, minimal public services in remote areas where most Indigenous people live. Progress in the implementation of ilo 169 has already benefited countries. First, the convention has improved awareness and understanding of Indigenous peoples' rights among the general population and the Indigenous community itself. Second, the laws, regulations and court decisions that have followed have laid the groundwork for more responsible and socially, economically and environmentally sustainable public and private investment. Third, in seeking to meet their commitments under the convention, governments and public officials have improved their capacity to seek popular consultation and consensus. Fourth, already the dialogues that have been established among governments, companies and communities have improved discussions among these stakeholders and lowered the long-term legal risks of these investments.
- Political Geography:
- Latin America