Why is Prior Consultation Not Yet an Effective Tool for Conflict Resolution? The Case of Peru
Prior consultation is an increasingly accepted instrument internationally for guaranteeing the rights of indigenous peoples. Conceived of theoretically as a means for conflict resolution, in practice it lies at the heart of social conflicts all over Latin America. Using concepts from the “contentious politics” approach, we take a closer look at Peru – where indigenous mobilizations would lead to the only Latin American consultation law enacted to date. We also critically analyze the content and formulation of its regulating norm. We argue that this new legislation will not help to turn such consultations into a tool for conflict resolu tion as long as the normative framework itself is contested and the necessary basic conditions are not in place. The most important conditions that we identify for implementing effective prior consultation are impartial 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.
|Date of creation:||Apr 2013|
|Date of revision:|
|Contact details of provider:|| Postal: Neuer Jungfernstieg 21, D-20354 Hamburg|
Phone: +49 (0)40 42825-593
Fax: +49 (0)40 42825-547
Web page: http://www.giga-hamburg.de/workingpapers
More information through EDIRC
|Order Information:|| Email: |
When requesting a correction, please mention this item's handle: RePEc:gig:wpaper:220. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Bert Hoffmann)
If references are entirely missing, you can add them using this form.