The weak institutionalisation of prior consultation in Peru: ambivalent cooperation between indigenous organisations and state activists

This paper explains how a comparatively weak Indigenous movement succeeded in establishing a precedent of Indigenous prior consultation reform in a national context adverse to Indigenous rights. The in-depth study of Peru shows that alliances between civil society actors and people inside certain state institutions who supported Indigenous claims can explain this outcome. The paper focuses on the collaboration of many human rights lawyers who became part of the Peruvian state. Still, the analysis also shows the limits and challenges of these alliances, particularly in the regulation phase. The paper shows that progressive state activists without strong ties to social movements, and the barriers they face inside institutional settings, can also contribute to the reproduction of weak institutions, particularly during the regulation phase of approved norms. The paper is based on long-term qualitative research in Peru. Data is culled from various source documents and semi-structured interviews with key actors, bureaucrats, Indigenous leaders and human rights professionals.