With the promulgation of the Law on the Right to Prior Consultation of Indigenous or Native Peoples, there is now a legal mandate which requires there to be a consultation process before any legislative measure which might directly affect the indigenous populations and their collective rights. In addition, the recently promulgated Forest and Wildlife Law (Law No. 29763) stipulates recognition of this right and its fulfilment. This law was the product of a consultation process for which documents, guides and methodologies were drawn up, in a similar fashion to the formulation of the National Forest Anti-Corruption Plan. Although the process was questioned because time was limited, it provided invaluable experience as a guiding framework for the implementation of this type of process, bearing in mind the level of participation of the players involved, the access to information (which can be found on the Ministry of Agriculture website), the forums opened, the contributions received from the participants and the time spent on it. These are experiences which can help to define an appropriate, participative and inclusive process, taking into account the lessons learned.
This consultation process highlighted the need to consider appropriate deadlines that provide timely due information and allow for the active participation of all stakeholders, with respect to their traditions, customs and language. For example, during the consultation of indigenous peoples, they requested that the information stage needed to be preceded by a pre-information stage, with technical support for them to understand the proposal in its entirety. Since the previous processes did not have this pre-stage, the forums and hearings were sharply questioned because of their technical level and because there was not sufficient time for the population to find out about the proposal. Nevertheless, this experience served as a trial run for a methodological instrument on how to reach partial consensus on a legislative proposal. In the case of REDD+, the government has to date only offered “information” meetings for the indigenous populations, which only last one day, and are not effective in ensuring that these populations understand them correctly.
|Title||a. Analysis of the Law on the Right to Prior Consultation of Indigenous Peoples and criteria for its implementation in the context of discussion on the draft Forest and Wildlife Law.
b. Process of free prior informed consultation of Indigenous Peoples of the Bill 4141/2009-PE under the ILO Convention 169
c. Guide for the process of review of the forest and wildlife legislation (Forest Law, National Forest Policys and Regulations)
d. Participatory Construction for the Anti-Corruption Plan of the Forest and Wildlife Sector
e. Statutory right to prior consultation of indigenous or native peoples recognized by Convention 169 of the International Labour Organization (ILO)
|Organisation||a. Land Commission of the Congress of the Republic
b. Land Commission of the Congress of the Republic
c. Ministry of Agriculture through the General Directorate of Forests and Wildlife
d. Ministry of Agriculture through the General Directorate of Forests and Wildlife
e. Congress of the Republic, Commission of Constitution and Regulation
d. Review date: 21 July 2010
e. 24 August 2011