The Peruvian economy has experienced exceptional growth in the past 10 years, with its GDP expanding at an average yearly rate of 6.5 percent. Much of this growth is due to the mining sector, which in 2012 accounted for 9.6 percent of Peru's GDP, 1.3 percent of its employment and 56.9 percent of its exports.
While numerous United Nations mechanisms have addressed the impact of business activities on Indigenous rights, it was only in 2011—with the UN Human Rights Council's unanimous endorsement of the UN Guiding Principles on Business and Human Rights—that the role of businesses in respecting, or abusing, these rights was officially acknowledged.
The right to free, prior and informed consent (FPIC), or consulta previa, has expanded throughout South America. Nine states have ratified the International Labour Organization's Convention 169 (ILO169)—the principal treaty regarding consulta previa. But regulations created by four of those states—Colombia, Chile, Peru, and Ecuador—contradict the commitments they accepted when they ratified the treaty, in effect violating the right of Indigenous people to be consulted on administrative and legislative measures that could directly affect them.
Indigenous peoples' control over natural resources continues to be one of the most controversial issues in international law. Numerous international human rights treaties recognize Indigenous communities' right to be consulted over the use of resources on or beneath their communal lands. But international law tends to consider third parties' exploitation of natural resources on Indigenous land to be legal—as long as Indigenous rights to consultation, participation and redress, among other rights, are met.
Guatemala is a plurinational country that 22 Maya nations, Xinka, Garifuna, and Ladino people jointly call home. The efforts to gain access to natural resources-often without the consent of the communities affected-constitute another stage in the long history of dispossession and repression of Maya peoples since colonization.
Guatemala ratified International Labour Organization Convention 169 (ILO 169) on June 5, 1996, more than a year after Guatemala's Constitutional Court, the highest court in the country, ruled in Document 199-95 that the Convention did not contradict the Guatemalan Constitution.
On a hot Sunday morning in July 2013, the inhabitants of Piedras, a small municipality in the Colombian Andes, gathered to decide whether large-scale mining activities should be permitted in their territory.
United States-Latin American relations have often suffered from a disconnect. While we stress security issues, the region's leaders speak of poverty reduction and trade. They resent being seen as afterthoughts to U.S. policies focused elsewhere. As a result, the region is sporadically open to new suitors, such as Spanish investors 15 years ago, or the Chinese today. Despite their frustration with Washington, Latin American leaders recognize that, as the hemisphere's largest economy and market, the U.S. remains the indispensable partner. The challenge, both for the U.S. and Latin America, is to agree on common economic priorities both sides can pursue jointly, rather than continuing parallel dialogues. Economic growth, poverty reduction and job creation are common elements on both sides' wish lists. Politically, the stars are more aligned than ever in recent history for a renewed emphasis on economics in our relations with Latin America. The administration of Mexican President Enrique Peña Nieto has made clear that its priority will be economic reform at home and more integrated North American markets and supply chains. From the beginning of his term, the Mexican president called for elevating our economic diplomacy to the same levels as our security relationship, which led to the first High Level Economic Dialogue (HLED) between Mexico and the U.S. in late September.
Political Geography:
United States, Latin America, North America, and Mexico
On May 25, 32 million Colombians will vote in one of the most important presidential elections in the nation's recent history—an election that will turn on the issue that remains Colombia's greatest challenge: putting an end to the armed conflict.
Sonia Meza-Cuadra, Katya Salazar, César Rodríguez-Garavito, and Roberto Jungito Pombo
Publication Date:
04-2014
Content Type:
Journal Article
Journal:
Americas Quarterly
Institution:
Council of the Americas
Abstract:
What have been the benefits of countries adopting consulta previa? Sonia Meza-Cuadra answers: Governments aim to make decisions that will improve the economic and social development and welfare of their citizens. But historically, decisions affecting Indigenous and tribal people's culture, ancestral lands and habitats have too often been made without their participation. ilo 169 and the UN Declaration on the Rights of Indigenous Peoples seek to redress this situation. The processes of free, informed prior consent, or consulta previa, have faced several challenges, most of which are rooted in the historical mistrust between governments and Indigenous peoples. Rebuilding this trust and reaching a consensus is complicated by the long absence of the state and, consequently, minimal public services in remote areas where most Indigenous people live. Progress in the implementation of ilo 169 has already benefited countries. First, the convention has improved awareness and understanding of Indigenous peoples' rights among the general population and the Indigenous community itself. Second, the laws, regulations and court decisions that have followed have laid the groundwork for more responsible and socially, economically and environmentally sustainable public and private investment. Third, in seeking to meet their commitments under the convention, governments and public officials have improved their capacity to seek popular consultation and consensus. Fourth, already the dialogues that have been established among governments, companies and communities have improved discussions among these stakeholders and lowered the long-term legal risks of these investments.