Protocol of Principles for Conducting Prior, Free, Informed and Sincere Consultation with Indigenous Peoples
The Protocol of Principles for Conducting Prior, Free, Informed and Sincere Consultation with Indigenous Peoples in accordance with Convention 169 of the International Labor Organization (ILO) began to be developed on May 29, 2014, at a meeting of Government representatives with indigenous leaders. The objective of this meeting was to establish guidelines and principles on the right to consultation. The meeting was held after indigenous authorities rejected the "Preliminary Draft for the Rules of Procedure for the Consultation Process of ILO Convention 169 on Indigenous and Tribal Peoples in Independent Countries" in 2011. This draft, which sought to legislate the Indigenous right to self-determination based on the right to prior consultation, was designed and published without consulting any of the representatives from the indigenous community. At the same time, the protocol of 2014, which had the participation of the indigenous community, was not implemented nor legislated.
Institutional design
Formalization: is the innovation embedded in the constitution or legislation, in an administrative act, or not formalized at all?
Frequency: how often does the innovation take place: only once, sporadically, or is it permanent or regular?
Mode of Selection of Participants: is the innovation open to all participants, access is restricted to some kind of condition, or both methods apply?
Type of participants: those who participate are individual citizens, civil society organizations, private stakeholders or a combination of those?
Decisiveness: does the innovation takes binding, non-binding or no decision at all?
Co-governance: is there involvement of the government in the process or not?
- Formalization
- only backed by a governmental program or policy
- Frequency
- single
- Mode of selection of participants
- restricted
- Type of participants
- citizens civil society
- Decisiveness
- democratic innovation yields a non-binding decision
- Co-Governance
- yes
Means
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Ends
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