Prior consultation in Peru: Progress and challenges (La consulta previa en el Perú: Avances y retos)

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During Ollanta Humala's government (2011-2016) the Law on the Right to Prior Consultation for Indigenous and Aboriginal Peoples in Peru was approved and implemented. As a result, twenty-four prior consultation processes involving administrative or legislative measures in different sectors, including hydrocarbons, mining, health, education and forestry were concluded.This paper takes stock of the role of the State and other stakeholders including business associations, political parties and indigenous organizations in the consultation processes conducted during this period. The authors conclude that the experience has been encouraging in terms of the institutional learning achieved and the positioning of the measure in the national political debate, but also highlight the remaining challenges to turn prior consultation into an effective and legitimate instrument to help ensure the full exercise of indigenous citizenship in Peru.
  • About the author(s)
    Cynthia A. Sanborn

    Research Vice President of Universidad del Pacífico and Professor in the Academic Department of Social and Political Sciences. She is a Doctor and a master in Government from Harvard University, and a Bachelor in Political Science from the University of Chicago.​

    Verónica Hurtado

    Political scientist from Pontificia Universidad Católica del Perú (PUCP). She is currently pursuing graduate studies in Political Science at the University of British Columbia, Canada, where she is also Assistant Professor. She has been research assistant at Universidad del Pacífico Research Center and teaching assistnat at PUCP. Her areas of interest include social movements, Latin American indigenous peoples, extractive industries and subnational policy.​

    Tania Ramírez

    ​Sociologist from Pontificia Universidad Católica del Perú (PUCP). She currently works as planning analyst at the National Center for Strategic Planning (Ceplan). She has been research assistant at Universidad del Pacífico Research Center and at the National Directorate of Civics and Citizenship Education at Jurado Nacional de Elecciones (National Jury of Elections) (JNE). Her research topics include the relationship between extractive industries, development and local politics.​

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