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3081. Social Conflict ILO 169

Author:
Rebecca Bintrim
Publication Date:
04-2014
Content Type:
Journal Article
Journal:
Americas Quarterly
Institution:
Council of the Americas
Abstract:
Across the Andes, land-and natural resource-related conflict has been increasing in the past 10 years, with only minor fluctuations from year to year. In the past six years, those conflicts have occurred against a backdrop of discussion, adoption and refinement of International Labour Organization Convention 169 (ILO 169) and consulta previa regulations to govern it. While not necessarily related, the long-term trends in conflict and the adoption of consulta previa raise important questions. Can consulta previa address or contain long pent-up frustrations and conflicts? Or will the rising expectations they bring to communities, if the laws are imperfectly or subjectively implemented, lead to even more conflict? The Charticle here shows the risks of the latter.
Political Geography:
Chile and Peru

3082. Oh! The Places You'll Go

Publication Date:
04-2014
Content Type:
Journal Article
Journal:
Americas Quarterly
Institution:
Council of the Americas
Abstract:
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.
Political Geography:
Colombia, Chile, and Peru

3083. Country Study: Peru

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

3084. Country Study: Chile

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

3085. Country Study: Guatemala

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

3086. Country Study: Colombia

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

3087. Reducing the Financial Risk of Social Conflict

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

3088. Business Responsibility to Respect Indigenous Rights

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

3089. Contested Lands, Contested Laws

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

3090. Contradiction in International Law

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