Authors
Claire Wright, Alexandra Tomaselli
Publication date
2019/9/5
Journal
The Prior Consultation of Indigenous Peoples in Latin America: Inside the Implementation Gap
Pages
273
Publisher
Routledge
Description
Latin America is a region of great cultural and ethnic diversity, home to over 45 million members of Indigenous Peoples (UNDP, nd). Thanks to the mobilisation of their organisations globally (Brysk, 2000), and their contestation of norms, Indigenous Peoples have gained significant recognition and protection of their rights in international (ILO 169, UNDRIP) and regional instruments (ADRIP). However, national normative frameworks and, particularly, government practice fall far short of these standards. This inconsistency was identified by the first Special Rapporteur on the Rights of Indigenous Peoples, Rodolfo Stavenhagen, who referred to the “implementation gap”(Economic and Social Council, 2006, para. 5), a much-used concept by scholars working on Indigenous rights, to describe the continuing difficulties in realising Indigenous rights at the domestic level (Espinoza & Ignacio, 2015). The general aim of this study has been to draw comparative lessons regarding the dimensions and nature of the implementation gap in the case of Indigenous Peoples’ right to consultation and FPIC, together with its multiple causes and consequences for the protection of other individual and collective rights and, particularly, their lands, identities, and ways of life. The different chapters included in the volume deal with the analysis of specific issues and/or countries and are grouped together in terms of what they can tell us about processes to define, administrate, institutionalise, avoid, and re-think prior consultation. Several questions were asked in the introduction in order to guide this collective analysis of the implementation gap, including the following:
Scholar articles
C Wright, A Tomaselli - The Prior Consultation of Indigenous Peoples in Latin …, 2019