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The right to prior consultation of indigenous peoples : evaluating national legislation and practice in peru from an international human rights law perspective

(2019)
Author
Promoter
(UGent) and Clara Burbano-Herrera
Organization
Abstract
According to the international human rights standards, states have the duty to consult indigenous peoples when adopting measures that shall affect them, with the aim to achieve agreements or their consent. The right to prior consultation allows indigenous peoples to confront their historical marginalisation and to demand the fulfilment of other rights and, in cases when consent is required, to direct their destinies according to their own criteria and priorities of life. In 2009, after the indigenous mobilisation that took place in Bagua, the Peruvian state approved the Law of Prior Consultation and applied it for the first time. This dissertation aims to establish the compatibility between the legislation and practice in Peru with the right to prior consultation under international human rights law, giving special attention to the consultation processes on hydrocarbon projects.
Keywords
HRC

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Citation

Please use this url to cite or link to this publication:

Chicago
Alva Arévalo, Amelia. 2019. “The Right to Prior Consultation of Indigenous Peoples : Evaluating National Legislation and Practice in Peru from an International Human Rights Law Perspective.”
APA
Alva Arévalo, A. (2019). The right to prior consultation of indigenous peoples : evaluating national legislation and practice in peru from an international human rights law perspective.
Vancouver
1.
Alva Arévalo A. The right to prior consultation of indigenous peoples : evaluating national legislation and practice in peru from an international human rights law perspective. 2019.
MLA
Alva Arévalo, Amelia. “The Right to Prior Consultation of Indigenous Peoples : Evaluating National Legislation and Practice in Peru from an International Human Rights Law Perspective.” 2019 : n. pag. Print.
@phdthesis{8601122,
  abstract     = {According to the international human rights standards, states have the duty to consult indigenous peoples when adopting measures that shall affect them, with the aim to achieve agreements or their consent. The right to prior consultation allows indigenous peoples to confront their historical marginalisation and to demand the fulfilment of other rights and, in cases when consent is required, to direct their destinies according to their own criteria and priorities of life. In 2009, after the indigenous mobilisation that took place in Bagua, the Peruvian state approved the Law of Prior Consultation and applied it for the first time. This dissertation aims to establish the compatibility between the legislation and practice in Peru with the right to prior consultation under international human rights law, giving special attention to the consultation processes on hydrocarbon projects.},
  author       = {Alva Arévalo, Amelia},
  keywords     = {HRC},
  language     = {eng},
  school       = {Ghent University},
  title        = {The right to prior consultation of indigenous peoples : evaluating national legislation and practice in peru from an international human rights law perspective},
  year         = {2019},
}