Irmalicia by Velásquez Nimatuj
elPeriodico (07 Tues 11)
Continuing with the analysis of the presentation of the draft "Regulations for the Consultation process of Convention 169 of the International Labour Organization (ILO ) concerning Indigenous and Tribal Peoples in Independent Countries "by President Alvaro Colom, read with disappointment that the second section entitled" Background "is composed of a single paragraph, in which half is a copy of a quotation, not you understand why they placed there. In other words, is out of context. In this space, we would expect to find at least an excellent summary of the global debate around the major positions on international standards in consultation with indigenous peoples has been generated since 1989, when the General Conference of ILO adopted the Convention 169.
Moreover, this was briefly put aside for national background displayed on the one hand, what was the role played by the State to enforce the law Consultation held by indigenous peoples, which have been the limits or inactions against the exercise of this right from the C169 was ratified in 1996 and added there other international instruments that guarantee the same right. On the other hand, to show how indigenous peoples have sought for the means available to enforce this right. What were the implications, costs, limits and scope of their collective actions in different regions of the country and address the State's decisions to authorize or licenses mega companies that have installed or have sought to settle in territories without consultation. The section on "Background" was warranted in an annex the exemplification of some specific cases that should be selected from the consultations held in the departments of Huehuetenango, San Marcos, Quetzaltenango and Quiché. Also
Thus, the third paragraph, the "Legality" is poor. Without being a lawyer who drew up meeting in three paragraphs, a glib and not very important, which raised the prevalence of substantive law on an adjectival law and that are supported to express that drafted a regulation rather than a law. But, among other things, why leave out the discussion about the complementarity between legal provisions for the exercise of rights?
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