Implementation of the right to prior consultation in the Andean countries. A comparative perspective

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Abstract

During the late 1990s and early 2000s, Andean countries had for the most part adopted the ILO's Convention 169. Once included in the national juridical systems, the right to consultation was positivized by means of different rules, regulations and decisions that eventually subsumed its political substance. In this paper, I analyze the processes to adopt and implement the right to Prior Consultation in Bolivia, Colombia, Ecuador and Peru. In exploring them, I will shed light on the technicalities of the law, which not only depoliticize self-determination but also reshape indigenous peoples.

Original languageEnglish
Pages (from-to)7-30
Number of pages24
JournalJournal of Legal Pluralism and Unofficial Law
Volume50
Issue number1
DOIs
StatePublished - 2 Jan 2018

Keywords

  • Andean countries
  • Right to consultation
  • legal implementation
  • legal technicalities
  • procedimentalization

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