Prior Consultation of Indigenous Peoples
The Prior Consultation of Indigenous Peoples is the mechanism by which indigenous peoples' approval is required prior to the adoption and implementation of legislative or administrative measures that directly affect their collective rights, physical existence, cultural identity, quality of life, or development. Likewise, national, regional and local development plans, programs and projects that directly affect these rights should also be brought to consultation. Although the right to prior consultation is contemplated in regional laws, the General Environmental Law of Panama and the Transparency Law, it was not until 2016 that the National Parliament approved Bill nr. 81, which establishes the prior consultation and consent of the Indigenous peoples to legislative and administrative measures that affect their collective rights.
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
- embedded in the constitution/legislation
- Frequency
- sporadic
- Mode of selection of participants
- restricted
- Type of participants
- citizens
- Decisiveness
- democratic innovation yields a binding decision
- Co-Governance
- yes
Means
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Ends
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