Indigenous Consultation (Prior Consultation)
The Indigenous Consultation is a participatory mechanism for native indigenous communities guaranteed by Convention 169 of the International Labor Organization on Indigenous and Tribal Peoples. This tool establishes that indigenous peoples should be consulted whenever legislative or administrative measures that may directly affect them are envisaged. In effect, the Indigenous Consultation obliges the State to establish a consultation mechanism for the representative institutions of the peoples, which assures a free and full participation in the decisions that affect them. Chile must guarantee this participatory body as it has ratified the treaty mentioned in 2009.
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 non-binding decision
- Co-Governance
- yes
Means
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Ends
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