INDIGENOUS PEOPLES AND CONSULTATION PROCESSES IN THE AMERICAS

The rights of indigenous or aboriginal people are generally challenged when their rights tend to clash with the interests or rights of non-indigenous people and/or with economic interests. A specific right, the right (duty in the Canadian context) to consult was created by the 169 ILO Convention with the purpose of facilitating a compromise between the State and the potentially affected indigenous community. The United Nations Declaration on the Rights of Indigenous Peoples and the decisions from the IACtHR have created a framework on how this right should be enforced by States parties to the American Convention on Human Rights.
Questions:

  • Does a negative answer of the Indigenous people to carry extractive projects in their territory should be binding and final upon the State?
  • Who should have the ultimate decision? Would you consider any exceptions to your answer?

Sample Solution

ACED ESSAYS