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Across the Global South, corporations and governments are displacing Indigenous and Afro-descendant groups in the name of development and economic advancement. International norms guarantee these communities the right to consultation over extractive projects that impact their traditional territories. Ethnic rights laws create spaces for communities to hold corporations accountable for their suffering; the same laws can also allow corporations to co-opt the process. Using a case study from Colombia, I argue that two Black communities filed a petition to seek reparations for a wide range of harms caused by mining yet found themselves on trial over whether they were really a community at all. Corporate officials positioned themselves as the experts on community identity and history and used the communities' lack of collectivity to discredit the communities' ethnic rights claims. This article brings together anthropological literature on the social life of corporations and scholarly critiques of ethnic rights laws to illustrate that when communities engage ethnic rights laws, they also undergo new processes of community formation in their interactions with corporations, courts, and international institutions. [ABSTRACT FROM AUTHOR]

Prior consultation purports to mitigate socio-environmental conflict risks by creating deliberative and democratic spaces for local communities to influence decisions over newly proposed mining projects. Yet, many contest state and corporate claims to fair and inclusive decision-making, insisting that mines are often approved in violation of their human rights. Using a critical political economy of environmental governance approach, we analyze the multilevel governance regime which informs the practice of prior consultation within the global mining industry. We argue that this regime has become 'captured' by mining interests, as evidenced by the 'market-enabling' procedures which restrict communities' capacity to exercise self-determination. Furthermore, we suggest that this leaves some local groups with little choice but to engage in risky protest action to express opposition. We utilize the Brazilian and Peruvian mining sectors as illustrative vignettes, for which data were collected from extensive fieldwork in both countries. [ABSTRACT FROM AUTHOR]

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This document highlights that the Peruvian State took advantage of the pandemic as an opportunity to infringe upon the rights of indigenous peoples by accelerating the prior consultation processes in the mining sector, thus violating rights recognized in its own legislation and the jurisprudence of the Inter-American Court. The analysis of consultation processes (2020-2022) evidenced (I) lack of accessibility, as the State used legal Spanish in all process documents, despite the fact that in 77.7% of the communities, over 80% of the population had an indigenous language as their mother tongue; (II) lack of good faith, as 88% of the cases had stages shortened and the intercultural dialogue stage excluded; and (III) the failure to aim at reaching an agreement, using less time and recording only a matrix of agreements from one community.

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 socio-environmental 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.

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]

Copyright of Propiedad Inmaterial is the property of Universidad Externado de Colombia, Centro de Estudios de la Propriedad Intelectual and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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Conflicts resulting from oil extractivism can be seen as ecological and cultural distribution conflicts, and have involved Latin American indigenous movements attached to their land and environments as providers of livelihood and cultural identity. In Ecuador, some have argued that this has become a 'standard narrative', essentializing the struggles of indigenous people. And the various agreements found historically between indigenous people and large companies operating in their territories seem to legitimize such criticism. But how to understand the choices of indigenous groups, with incommensurable needs, values, and claims, in the presence of extractive projects involving incommensurable local outcomes? Through an analysis of the different claims of indigenous people who voted in favor of oil extraction projects in their territories in the ITT fields of the Ecuadorian Amazon, I show how oil extraction coupled with 'social compensation' might create non-conflictive, but problematic situations, rather than conflicts. Indeed, the perception of an incommensurable loss, related to ecological and cultural difference, does not necessarily translate into opposition to mining or drilling. This is especially important in countries where the right to prior consultation could legitimize the expansion of oil activities in indigenous territories.

This paper retraces the history of the relationships between indigenous people and the oil industry in Ecuador in three chronological stages: 1) unregulated and uncompensated oil development (and conflict) between the 1970s and the 1990s, 2) social compensation, material needs, and compromises at the local level starting in the 1990s, and 3) the decade of Correa’s presidency (2007–2017), marked by a new extractive compromise which emphasizes the need for oil extraction to provide people with health and education, and the institutionalization of an unfair local dilemma between environmental protection and socio-economic benefits, recorded through sometimes dubious processes of prior consultation. This account sheds light on some of the mechanisms through which open conflicts can turn (and have turned, in the Ecuadorian case) into compromises and acceptance; as the supply of powerful actors, such as large oil companies and States, meet the demands of marginal populations for necessary basic services and other socio-economic benefits which are otherwise lacking. It is a reminder that acceptance (by the local people) does not mean the situation is acceptable. Instead, it may hide cases of environmental injustice – which we more often associate with open conflict – and result in indigenous communities being left out of the analysis. This account points to the urgency of finding post-extractive development alternatives, both at the local and national levels.

Public–private partnership (PPP) has been positioned as a relevant contracting method for developing large-scale infrastructure projects that entails potentially high-magnitude negative impacts on the environment. The effectiveness of the environmental impact assessment (EIA) is crucial to achieving sustainable development of these large-scale infrastructure projects. To unravel the drivers for the EIA effectiveness and the multiple combinations built by the complexity of these drivers, this paper analyzes 28 road PPP projects from Colombia employing a fuzzy-set qualitative comparative analysis (fsQCA) approach. This paper decodes conjectural causal links between specific conditions grouped in superordinate clusters (i.e., consultants' capability, project features, and communities' participation) and EIA effectiveness dimensions (i.e., normative, procedural, substantive, and transactive). Findings revealed that no single combination of causal conditions ensures multidimensional EIA effectiveness. This study demonstrated that EIA effectiveness relies significantly on the integration of specific features of three external stakeholders: consultants, nonpreferred proponents, and communities. This study constitutes the first empirical multidimensional identification of the combination of conditions that generate EIA effectiveness in road PPPs. [ABSTRACT FROM AUTHOR]

• A mining company listening to and respecting local opinions receives a higher chance of social acceptance. • Such acceptance chance by procedural fairness is independent of the benefits suggested as a potential outcome of the procedure. • However, such acceptance chance by procedural fairness is related to the potential environmental risk of the mining. • A prior consultation with voting increases the chance of social acceptance compared to no consultation or without voting to some extent. Accumulated literature on the social license to operate (SLO) of mining has called attention to procedural fairness, which assumes that fair treatments enhance acceptance from people involved in mining projects. However, what procedural improvement means is theoretically underdeveloped, especially in two critical aspects. First, previous studies on SLO have always modeled procedural fairness separately from its outcomes, such as benefit and cost distribution, and failed to spot the separability in the context of acute socioeconomic needs. Under such unclarity, mining companies are less open to participatory opportunities in fear of inflated social demands. Second, institutional inventions in the last decades that attempt to enhance people's participation in the decision-making of mining projects, such as popular consultation, free, prior, and informed consent to indigenous peoples, and public hearings in environmental impact assessments, are overlooked in the SLO literature. This paper tests the causal effect of procedural and outcome factors on people's acceptance with a conjoint experiment that portrays hypothetical mining projects. Participants are recruited by an original household survey in four Peruvian regions where mining is a lively experience. The findings report that procedures are viewed separately from material benefits but not separately from reported environmental risks. Prior consultation with voting increases the acceptability of a mining project to some degree. The result suggests the participatory assessment of environmental risk will benefit all stakeholders, and mining companies have no reason to shy away from listening to and respecting local opinions due to a suspected increase in benefit demands. [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]

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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]

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In 2019, the International Labour Organization (ILO), celebrated its 100th anniversary and 30 years since it in 1989 adopted the Convention Indigenous and Tribal Peoples in Independent Countries, C169. C169 lays the foundation for a model for a relationship among indigenous peoples and the nation-state in which they live. It defines territorial areas of indigenous peoples and gives them the right to be heard before governments implement measures. C169 is a central instrument in the progress of acknowledging indigenous rights and including them in national laws. The first country to ratify C169 was Norway, followed by Bolivia and Ecuador. These countries have implemented C169 in their legislation. The high-income country Norway and the Andean countries are distinct in many ways. Sámi and the Indigenous peoples of the Amazon still have shared experiences with the nation-state and rights to land and water. With relevant examples from Bolivia, Ecuador and Norway, the article will examine the significance of C169 when the interests of indigenous peoples are conflicting with the nation-state's interests. It will look into the role of the conventions when conflicts arise. What challenges do nation-states meet in the obligation to secure indigenous peoples' right to live a good life enjoying substantive freedoms as is the main focus in the capability approach? [ABSTRACT FROM AUTHOR]

For many years it has been discussed the necessity of protecting effectively indigenous peoples and their territories from the interventions of companies and States. Nevertheless, the legal framework established for this purpose, particularly the prior consultation as one of the most iconic mechanisms, is ineffective in practice, which justifies the necessity of re-think its purpose, elements and its application. This is due mainly to the existence of structural and ideological flaws since the inception of this instrument, especially to the capitalist ideas, through which biopower has been exercised, as an expression of “legitime” imperialism.

Extractive industries increasingly use compensation measures to silence opposition, divide communities and stop resistance. Cerrejón, Colombia's largest transnational coal mining corporation, has a long history of damaging Indigenous Wayúu, Afro-Colombian and local communities' health and livelihoods. In the northeastern Colombian region of La Guajira, local communities struggle against the social and environmental impacts of coal mining. This article, based on field research conducted between 2018-2019, concludes that corporate and state-backed consultation and compensation projects are incommensurable with the damage caused by the coal mining operations and are implemented as a corporate social technology that undermines community cohesion and reinforces a power imbalance, perpetuating and enabling the expansion of damaging coal mining practices in Colombia.

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Copyright of Revista Brasileira de Políticas Públicas is the property of Revista Brasileira de Politicas Publicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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 discusses how the magistrates of the Constitutional Tribunal of Peru have interpreted the right to prior consultation and examines whether and/or to what extent these magistrates have been consistent with the case-law of the Inter-American Court of Human Rights (IACtHR). Taking into account that the jurisprudence of the Constitutional Tribunal has provided the first guidelines on how to legislate and how to conduct the prior consultation processes in Peru, this analysis is relevant to determine if these guidelines have been elaborated according to the IACtHR's standards. [ABSTRACT FROM AUTHOR]

This article systematically analyzes how the participatory institution "prior consultation" indirectly gave Colombian indigenous communities a voice in five major hydrocarbon and mining conflicts by creating opportunities to organize around the institution. Mobilized indigenous groups did not express their concerns about extraction within the prescribed prior consultation meetings. Instead, they refused to be consulted, they challenged the lack of, or their exclusion from, prior consultation, and they preemptively achieved environmental protections. Variation in tactics is explained by (1) the stage of the planned extraction, (2) whether the state initially determined that a community was affected by the extraction, and (3) the degree of unity among affected communities. The article further highlights the role of Colombia's Constitutional Court in interpreting and weighing the rights that underlie prior consultation procedures. [ABSTRACT FROM AUTHOR]

In this article I analyze the right to free, prior and informed consultation (CPLI) as a dominant symbol to explore key contradictions in the field of indigenous rights in Mexico. According to the anthropologist Victor Turner, dominant symbols condensate disparate and even contradictory meanings. From this perspective, I address how the right to CPLI in Mexico has become a dominant symbol not only because of its remarkable presence in the demands of the country's indigenous organizations and activists, but also because it condensates contradictory meanings originated in social processes that range from neoliberal governance to indigenous struggles for self-determination and territory. As a result of these disparate processes, the right to CPLI not only has different meanings, but it is also mobilized by different actors for very different ends, in a struggle to fix the meaning of that right. [ABSTRACT FROM AUTHOR]

Based on rich empirical data from Bolivia, Colombia, and Peru – the three Latin American countries where the implementation of prior consultation processes is most advanced – we present a typology of indigenous peoples' agency surrounding prior consultation processes and the principle of free, prior and informed consent (FPIC). The typology distinguishes between indigenous actors (1) mobilising for a strong legal interpretation of FPIC, (2) mobilising for meaningful and influential FPIC processes, (3) mobilising against prior consultation processes, and (4) blockading prior consultation processes for discussing broader grievances. We identify the most prominent indigenous strategies related to those four types, based on emblematic cases. Finally, we critically discuss the inherent shortcomings of the consultation approach as a model for indigenous participation in public decision-making and discuss the broader implications of our findings with regard to indigenous rights and natural resource governance. [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]

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After more than 50 years of conflict, the Colombian government and the Revolutionary Armed Forces of Colombia (FARC) signed the 24th of November 2016 a final peace agreement. It included an 'Ethnic Chapter' that states that the agreement must be interpreted and implemented with an ethnic-based approach. This has significant implications on the relations between ethnic groups and the State in the six components of the agreement, including the right to be consulted before any implementation measure is enacted. In particular, the peace agreement opened up new understandings of prior consultation for the transitional period that favoured afro-descendants and indigenous peoples. For instance, the Ethnic Chapter incorporated the concept of cultural objection (objeción cultural), which changed the deontic content of the right to prior consultation by recognising a form of veto with respect to implementation decisions of the peace agreement, not only at the level of local administrative measures, but also at the national level of legislative measures. However, very little progress has been made in this regard. The paper aims to critically analyse the Ethnic Chapter's first year of implementation (2017), focusing on the right to prior consultation for afro-descendants. [ABSTRACT FROM AUTHOR]

Copyright of Revista Jurídica Piélagus is the property of Universidad Surcolombiana and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)