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Objective/Context: With a modernizing discourse and business partners, former Peruvian president Alan García led the sale of indigenous Amazonian lands to oil companies. The Awajun and Wampis peoples responded, alongside national and international allies, by demanding the application of ILO Convention 169 through various mobilizations known as "el Baguazo" (2007-2009). This study analyzes, from a deliberative perspective, how the visibility of the arguments and cultural representations of indigenous peoples influenced their self-representation in the public sphere. Methodology: Based on the review of journalistic sources, government reports, statements from national and international organizations, and literature on social conflict and indigenous peoples, the chronology and discourses of the conflict were reconstructed. Conclusions: The mobilized indigenous communities self-represented, expressing their demands and cultural identities (cosmogonies, notions of territory, and development), opposing the sale of their lands. In this way, public spaces emerged, breaking into the national imagination, where sectors of the Peruvian citizenship recognized them for the first time. A network of allies reproduced and supported the indigenous arguments, lending them credibility to those who were unfamiliar with them. However, it was a partial advance as it remained limited to the cultural sphere without translating into the political realm, which is evident in the obtained Law of Prior Consultation (2011), which disregarded their sovereignty. Originality: While the literature on socioenvironmental conflicts focuses on actors and strategies, this article emphasizes the arguments of indigenous peoples, their deliberation, dissemination, and power of persuasion in the face of the rest of the Peruvian citizenry. [ABSTRACT FROM AUTHOR]

The methodologies applied to different projects in the world are analyzed in this work whose purpose is the identification of criteria and aspects that can be applied in a proposed methodology for the Territory Renewal Agency-ART, in Colombia. Lessons learned from both successful cases and others that promote a broader review of the approaches and processes applied to projects, allow in this work a methodological proposal, facing the management of those involved, the phases of the projects, a regulatory framework and a welfare and collaborative, whose eventual application in the ART, can generate results of sustainable local development. [ABSTRACT FROM AUTHOR]

The present article examines the right of prior, free and informed consultation of indigenous peoples in the light of International Human Rights Law, in order to verify the possibility of Brazil's international liability for violating this right. To this end, it uses as an object of study the case of the construction of the Belo Monte Hydroelectric Power Plant. It was observed, specifically, the understandings adopted by the Brazilian Courts and the Inter-American System of Human Rights in relation to the case of the construction of the Belo Monte Hydroelectric Power Plant. As a main methodology, the investigation is legal-comprehensive with a qualitative approach, based on bibliographical and documentary research. The results showed that Brazil ignores the international debate about this subject, to the extent that it has not ensured mechanisms guaranteeing the right to consultation of indigenous peoples, which enables its liability to the Inter-American System of Human Rights. [ABSTRACT FROM AUTHOR]

This article addresses the mobilization of indigenous peoples and traditional communities for the recognition of their right to free, prior and informed consent (FPIC) provided for in ILO Convention 169, as a strategy of resistance and strengthening of their social organization in defense of their traditionally occupied territories. It takes as reference observations in the field, during visits and consultations carried out in five traditional communities, and testimonies of leaders of these territories, in the state of Pará. Sixty-one community autonomous protocols approved in Brazil, between 2014 and 2022, were also consulted, available at the Observatory of Autonomous Protocols. It is concluded that the appropriation of the FPIC has strengthened organization and resistance in indigenous territories and have become potential instruments for the exercise of local grassroots democracy. [ABSTRACT FROM AUTHOR]

In Colombia, there has been an attempt to impose a restriction on traditional methods of replanting, a measure that undermines food sovereignty and the traditional knowledge of indigenous peoples and especially peasant communities. Through a reflective exercise and inductive reasoning, this problem is addressed in order to propose, as a result, some guidelines to achieve the involvement of peasants through prior consultation and to guarantee the violated rights. [ABSTRACT FROM AUTHOR]

The article presents a documentary ethnographic analysis of the multiple conflicts involving the Munduruku people and the federal government, from the attempt to implement the São Luiz do Tapajós Hydroelectric Power Plant, emphasizing the clash regarding the situational application of the right to prior, free and informed consultation. Based on the indigenous history that opposes the jabuti and the tapir, I seek to demonstrate the conflicting discursivities, resistances and interests in dispute in the implementation of this project, as well as to explain how the agents involved mobilize different meanings for the legal device that is the right to prior consultation. [ABSTRACT FROM AUTHOR]

The present work seeks to report the experiences of the extension project in socioenvironmental education, conducted by the Research Group "Convenção 169 e o Direito à Consulta Prévia, Livre e Informada" of the Liga Verde Cabangem in partnership with the Pará Higher School of Law. The group's activities were carried out between the years 2018 and 2020 and were focused on promoting debates, conversation circles and academic forums related to the right to consultation. The project was justified by the need to promote knowledge on the topic, especially due to the recurring violations of human and fundamental rights of traditional peoples and communities in the State of Pará. The meetings and events held contributed significantly to the construction of narratives and theoretical bases for all participants, ending their activities with the panel on the rights of traditional peoples and communities at the 41st National Congress of Labor Advocacy. [ABSTRACT FROM AUTHOR]

This article has as its main objective determining how the Special Indigenous Jurisdiction (JEI in Spanish) and Special Jurisdiction for Peace (JEP in Spanish) are coordinated, as well as the role performed by indigenous communities in the applied justice of the post-agreement. To achieve this, the study employs the empirical-analytical and the exploratory-descriptive approach from the Embera Chami case in Riosucio (Caldas), supported by dialogues with the community about their knowledge of the Special Justice for Peace (JEP) and the possible conflicts that might arise from its application in the sanctioning and criminal justice dimensions. As a result, the study finds that the jurisdictions interact with each other in the framework of the unity, territory, culture and autonomy principles and founded in institutional harmony, legal diversity and understanding between cultures; which allows that the coordination between both finds multiple expressions. As a conclusion, the study finds that far from assuming a passive role and despite the conflict between competences, the Special Indigenous Jurisdiction revindicates different roles in the post-agreement justice in matters such as assistance, attention, integral repair of the victims, construction of truth and memory, re-incorporation of former-combatants indigenous people, among others. [ABSTRACT FROM AUTHOR]

This article reflects around the ethnically differentiated approach contained within the peace agreement between the Colombian State and the former guerrilla group FARC. We aim to identify the judicial effects of this notion and in which way its introduction in the peace agreement has brought greater protection for the indigenous people and other ethnic minorities. Given that the agreement recognizes that the judicial tool for the development of peace in the lands and territories of the ethnic minorities is the prior consultation, we also perform a preliminary analysis of the effects of this law proposal. We are currently discussing in the Legislative Power what this consultation might bring for the implementation of the agreement. [ABSTRACT FROM AUTHOR]

Maicá Lake, located in the municipality of Santarém (PA), is home to several remaining quilombo communities, which will be affected by the implementation of the Grain Port Terminal in the vicinity of their traditional territories. Aiming to be heard in this process of expanding the existing port structure in Santarém, the 12 communities associated with the Federation of Quilombola Organizations of Santarém (Foqs), joined to build a prior consultation protocol, effective in 2016. From interviews conducted with the presidents of 6 of these associated quilombola communities, we sought to investigate how the process of building the prior consultation protocol has contributed to the struggle for recognition of quilombo remnant communities in the region, increasing their visibility in the public space and strengthening the dialogue between them and in the face of external actors. The technique used to work the data obtained from the interviews was the analysis through the Collective Subject Discourse (CSD) of Lefréve et al. (2005). [ABSTRACT FROM AUTHOR]

In Mexico as well as in other Latin American countries, prior consultation has become, in the last two decades, a mechanism of citizen participation that aims to allow the incidence of historically marginalized indigenous groups to make decisions about their own socioeconomic development. In this article we analyze the (in)communication networks deployed during the process of consulting Maya communities in a municipality of Campeche on the genetically modified soybean that is being carried out (2017) by a Mexican government agency responsible for biosecurity. Our analysis will focus on the communication possibilities that the members of these communities establish with each other and with other actors, among them the activists of civil society organizations and officials of different government agencies, as well as the misunderstandings that arise in this process. We are particularly interested in describing the language games that lead to misunderstandings in order to highlight the historical relations of power and inequality that largely determine the outcome and results of prior consultation in Mexico. [ABSTRACT FROM AUTHOR]

The article exposes the differences and similarities of the Free prior and informed enquiry of indigenous peoples and Due Diligence Instruments. The objective is to avoid the increasing intention to confuse both instruments in order to promote an understanding of development based only on the making of profits, without taking into account the consequences in terms of Human Rights. [ABSTRACT FROM AUTHOR]

This article discusses the use of geothermal resources as a new energy source, which has a demonstrated technical and economic feasibility In our country, we have incipient regulations, which in many cases and due to lack of regulations and specialists in the field, take a lengthy period of time to obtain authorizations and / or concessions for the exploitation of geothermal resources of the soil and subsoil in our nation's territory. Under the current Peruvian legal system, the authorizations are granted for a period of three (3) years and may be extended for an additional period of two (2) years; in the case of concessions they are granted for a period of thirty (30) years and may be extended for an additional period of ten (10) years. If the goal is the generation of electricity, the contract will be automatically extended for the same term of the contract. Notwithstanding this, it should be specified that the power generation activities are governed by their own law. In recent decades, it has been stressed the need to search for new sources of energy and moreover that the said sources do not create negative or significant impact on the environment, it is no longer sufficient to generate energy through burning of oil, it is imperative the study and use of new energy sources, whose characteristics should be that they be clean, as is geothermal energy, whose use can be made available to the masses and put to the benefit of the most isolated populations of our country. [ABSTRACT FROM AUTHOR]

This article analyses the background to and the content of the Peruvian prior consultation law – the only one enacted in Latin America to date – and its regulating decree. In contrast to the widespread conception that prior consultation is a means for preventing and resolving conflict, it argues that this new legislation will not help to transform conflicts as long as the normative framework itself is contested and the preconditions for participatory governance are not in place. Establishing these preconditions would result in state institutions capable of justly balancing the diverse interests at stake; measures that reduce power asymmetries within consultations; and joint decision-making processes with binding agreements. [ABSTRACT FROM PUBLISHER]

The Welfare State left welfarism as a characteristic element of community relations in the different contexts in which it was applied. The same crisis reached by this model of state raised the so-called 'Window State' as an exercise of access of various groups to 'demand satisfaction' needs and even to 'negotiate' those aspects of general interest through explicit or implicit situations of high social vulnerability agreements. Such is the case of the processes of the called consulta previa in Colombia, arranged to ensure the protection of ethnic identity and descendant communities. The method reached such a point that communities gather around this instrument of participation for the public sector with the private sector, to achieve the support for large infrastructure projects, focused on private sector business interests but ignoring the social cohesion that these human groups should experience. Recurrence social policies with differential and targeted approach are aspects that could help create greater impact in shaping public for these communities. [ABSTRACT FROM AUTHOR]

This article analyzes the divergence between, on the one hand, the state's obligation to safeguard the rights of indigenous peoples and, on the other, defend national security. Thus, reference is made to the (inter)nationally recognized indigenous right to self-determination, as well as to norms and practices that regulate military activities in ancestral territories. It is argued that the alternative generally proposed to the absolute primacy of national security is a healthy balance between the aforementioned state obligations. However, what does this mean for indigenous autonomy? Has it always been conceived as "indefinitely limited" by security concerns, or could it be that in the name of national security only a certain type of indigenous autonomy can be recognized: a defenceless autonomy. [ABSTRACT FROM AUTHOR]

The peace talks initiated between the government of Juan Manuel Santos and the guerrilla FARC EP, in November of 2012, inspired us to question the role that ethnic peoples should have in the development of these talks, and in the later peace building process. The latter, given that the conflict itself has had deep consequences in the lives of ethnic peoples, undermining their collective and individual rights. Both, international and national law, have recognized their right to participate in any decision that could have any affect upon them, in order to combat the exclusion of these communities. For this purpose, the first part of this text, tries to illustrate the situation of ethnic groups as differentiated victims in armed conflict, later on, we will question the roll that this groups should have in order to allow the construction of peace with legitimacy. Finally this paper will analyze the right of participation found in prior consultation, in both national and international law and the way this could possibly affect the construction of peace. [ABSTRACT FROM AUTHOR]

From the review of two areas of relative state / indigenous peoples, territoriality, mining and energy projects and consultation, is to analyze the progress, setbacks and dissections lived in this relationship during the period 1990-2013, to contribute to the discussion of this problem in other countries experiencing similar circumstances in Latin America. Of particular importance is the case of Ecuador to the constitutions of 1998 and 2008, in which the multiethnic and multicultural nature of the Ecuadorian State acknowledged at the first, and the plurinational and intercultural character in the second. Likewise, the indigenous movement since its emergence as an actor in national politics since 1990, has not only been a pioneer and leader in the region, but has been challenger extractivismo process carried out by the state. [ABSTRACT FROM AUTHOR]

This article examines some of the difficulties and challenges that the right to prior consultation has faced as an instrument for the protection of indigenous and tribal peoples rights. In particular, the article focuses on social and environmental conflicts in Colombia. Using a theoretical analysis (governance regimes), the text explores two analytical perspectives: On one hand, it addresses the difficult legal construction of this institution at national level. On the other hand, it examines certain unintended consequences its current definition causes on the ground. [ABSTRACT FROM AUTHOR]

The article establishes the strategic and busi-ness foundations that support infrastructure hydroelectric, mining and oil companies in Co-lombia, to combine their efforts with the de-mands and claims considered by the population in the territories where these projects have seat. The stereotype of conductive sectors for the in-cubation of difficulties and problems of environ-mental order, social and political characterized the activity on these fronts. The State in Colom-bia has established some guidelines to bring the parties as soon as the processes of negotiation, agreement and implementation underway pro-jects. However, despite the raised management, continuest o make race the malaise regarding the impacts generated by these activities in the population and the territories. So far, solutions have been exposed under the economic and le-gislative character in terms of payment of com-pensation and now the consultation. [ABSTRACT FROM AUTHOR]

This article is a report and a reflection on what was the prior consultation process regarding the decree on black, afrocolombian, palenquera and raizales victims, as part of the 1448 law of 2011 or Victim Act (Ley de Víctimas). The narrative is based on both the review of legislation, press releases and other documents published by the government and Afro-Colombian organizations and in my own experience as a lawyer in the Process of Black Communities (pcn), network that coordinates various Afro-Colombian social organizations. Through the story of what happened, the paper shows the challenges and difficulties of such consultation, especially the difficulties to identify a legitimate interlocutor, chose and appointed by the community, and the lack of grassroots participation in the process. [ABSTRACT FROM AUTHOR]

This article examines participation in the adoption of the Reglamentary Decrees of Colombia's 2011 Victim's Law (Law 1448): Decrees 4633 (for indigenous peoples), Decree 4635 (afrocolombians) and general Decree 4800. The article proposes a typology of participation to better understand the tensions at work in this process. It defines three different concepts: participation as governance, participation as a right, and participation as a process of social change. It argues these concepts, and the tensions between them, explain the many difficulties of participation in rulemaking, development and public policy consultation. [ABSTRACT FROM AUTHOR]

Law 1448 of 2011, Law of Victims and Land Restitution, was presented to Congress without conducting prior consultation with indigenous communities. To avoid that a demand of unconstitutionality was settled against the law, an article that granted extraordinary powers to the President to regulate the rights and interests of victims belonging to indigenous peoples and communities was included. For the preparation of Decree Law 4633 of 2011 prior consultation was held not as a mechanism to guarantee the rights of indigenous communities and recognition of legal pluralism, but as the fulfillment of a formal requirement. Thus, the design process of the differential public policy for victims belonging to indigenous peoples hampers the effectiveness of the implementation of the same. [ABSTRACT FROM AUTHOR]

Este artículo aborda un tema clave respecto de la efectiva participación política de los pueblos indígenas: el derecho a la Consulta Previa. En el Ecuador, la Constitución establece que el Estado tiene que consultar a las comunidades antes de poner en marcha iniciativas de desarrollo que podrían afectarlas directamente. No obstante, esa obligación ha sido sistemáticamente eludida por diversos gobiernos y los pueblos indígenas se han visto obligados a acudir a las instancias internacionales de protección de los derechos humanos para hacer respetar sus derechos. Tal es el caso del pueblo kichwa de Sarayaku. El autor ofrece un panorama de esa lucha histórica. [ABSTRACT FROM AUTHOR]

This paper proposes to demonstrate the need for the adoption of a new inclusive and intercultural paradigm for protecting the human rights of indigenous peoples in Latin America. Th rough a critical analysis of the jurisprudence of the Inter-American Court of Human Rights, the paper will identify some of the advances and limitations in the attempt to construct new alternatives for dealing with indigenous issues in the region. Th is analysis will be conducted through a study of the three fundamental parameters established by Court precedents thus far: the concept of the right to life with dignity, the protection of communal property, and the right of indigenous peoples to prior consultation. [ABSTRACT FROM AUTHOR]

The purpose of this essay is showing the role of oil's extractive transnational corporations in previous consultation with indigenous people in Colombia as well as its implications. I suggest three central points: 1. TNC's are replacing the state's rol; in this sense, they can be the first source of knowledge for indigenous people in issues related to previous consultation. 2. the commitments of the TNC regarding indigenous people are linked with reputation reasons, and they have the purpose to counteract the image of being human rights violators. 3. previous consultation is not carried out as was established by the ILO 169, and this has several implications. This research presents one socio juridical approach on a specific case; it includes the views of TNC's, institutions the state that have to participate in the previous consultation and the Unuma indigenous people. [ABSTRACT FROM AUTHOR]

Acknowledgment of Indigenous and Tribal Rights on the American continent recently has been significant. With a long way to go, recognition of their rights, their particular way of understanding society, their connection with the earth, and their conception of identity have achieved exceptional consideration. The trend of international judicial bodies on human rights, particularly the Inter-American Court of Human Rights, takes an anthropological view of the matter. This view emphasizes the analysis of property rights around concepts of identity, diversity and cultural integrity. Likewise, it reveals the importance of the acknowledgement of collective subjects in order to guarantee and respect the effective observance of indigenous and tribal peoples rights in the hemisphere. The document aims to identify the scope of substantial recognition of property rights in traditional lands and criteria for seeking redress based on the jurisprudence of the Inter-American Court of Human Rights. [ABSTRACT FROM AUTHOR]