right to consultation
by Frank La Rue
Prensa Libre (10 Tues 11)
When ladiscusiĆ³n began in Geneva on economic, social and cultural rights, was made from the claims of minority social groups and people in general and indigenous peoples in particular. The purpose was to ensure that all sectors of the population, particularly the most vulnerable, have equal exercise of their rights and access to meet their basic needs. Many states were opposed to recognition of these rights, arguing that human rights are for "individual."
The United Nations declaration on rights Indians took 10 years before being approved by the GA, December 10, 2007.
All peoples have rights as such and also have the right to defend their culture and identity, sovereignty and interests. The fourth article of the declaration states that "indigenous peoples in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs ...."
In 1989, the ILO took the initiative and proposed to the states the Convention 169 on Indigenous and Tribal Peoples. This agreement aims to "consultation mechanism" that article 6.a states "consult the peoples concerned through appropriate procedures and in particular through their representative institutions, whenever consideration is being given to legislative or administrative measures which may affect them directly."
The purpose of the consultation was, first, to prevent arbitrary decisions are taken that will damage the interests of a people and their communities. In particular, safety, health and economic development, including the seizure of lands and natural resources and destruction or pollution.
Secondly intended to give a people the chance to meet, discuss, decide and negotiate protection demanding, and seeking benefits.
The consultation, rather than promoting a simple yes or no, seeks to create the obligation of national and local government to inform the community to make available all relevant assessments and studies of risk and financial information and create a table negotiation between the people's representatives and stakeholders, as well as listen and accept their positions, even if these are legitimate to reject the project.
The representation of people it can not be attributed to a local authority, nor is it correct that, as an ILO convention, is thought to be responsible for consulting the Ministry of Labour or the Central Government or that it can determine at will the "rules" or impose a "regulation" as it wants to make the current government. The video
recently, the UN Special Rapporteur on Indigenous Peoples Rights reaffirmed that the issue of consultation with indigenous peoples has acquired special relevance in the current context.
Remember that to build the hydroelectric Chixoy were massacres like the Black River, to move people from the area, and that the project was never planned social economic benefits for the population living near the reservoir. Similarly
won the award Montana mining towns of San Marcos, that really leaves nothing to the country at a time when the gold price is at the highest international level.
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