ABSTRACT
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.
Chapter 8 and 18 of this book is freely available as a downloadable Open Access PDF at https://www.taylorfrancis.com under a Creative Commons Attribution 4.0 International (CC BY 4.0).
TABLE OF CONTENTS
part I|2 pages
Defining prior consultation
chapter 3|17 pages
Binding consent of Indigenous Peoples in Colombia
chapter 4|17 pages
Indigenous Peoples’ experiences of resistance, participation, and autonomy
part II|2 pages
Administrating prior consultation
chapter 5|14 pages
The coupling of prior consultation and environmental impact assessment in Bolivia
chapter 6|15 pages
Prior consultation as a scenario for political dispute
chapter 7|13 pages
Prior consultation as a door opener
part III|2 pages
Institutionalising prior consultation
part IV|2 pages
Avoiding prior consultation
chapter 13|13 pages
The failure to consult Indigenous Peoples and obtain their free, prior and informed consent in Ecuador
chapter 14|15 pages
The right to consultation and free, prior and informed consent in Argentina
part V|2 pages
Rethinking prior consultation
chapter 17|16 pages
From consultation to consent
part VI|2 pages
Lessons learned