La importancia del reconocimiento legal de la consulta previa a comunidades campesinas en el Perú
Article 1 of the ILO Convention 169 (International Labor Organization, 1989),institutionalizes the right of prior consultation focused on guaranteeing indigenous people right to a greater participation on the Government decision making on political, social and economic grounds regarding processes th...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2018
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6760589 |
| Source: | Lex: Revista de la Facultad de Derecho y Ciencia Política de la Universidad Alas Peruanas, ISSN 1991-1734, Vol. 16, Nº. 22, 2018, pags. 69-84 |
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| Summary: |
Article 1 of the ILO Convention 169 (International Labor Organization, 1989),institutionalizes
the right of prior consultation focused on guaranteeing indigenous people right to a greater participation on the Government decision making on political, social and economic grounds regarding processes that may affect their cultural environment. The Law N° 19785 (Parliament, 2011)
promulgated on September 6, 2011, regulates the Right to Prior Consultation of the Indigenous
or Native Peoples, which does not regulate the farmer communities as subjects of the said. That
is, a highly reprehensible omission, due to the fact that exploration and operation activities are
carried out within farmers’ territory disregarding their constitutional rights to live and develop
in a healthy and balanced environment. This work proposes that the Prior Consultation should
be applied both to indigenous communities and to farmer communities as the sole installation
of mining activities affects fundamental rights and cultural environment in order to prevent potential social conflicts. |
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