Prior Consultation of indigenous peoples on the drafting of an Autonomous Development of Indigenous Peoples Bill
The Commission for Social Affairs of the Legislative Assembly of Costa Rica initiated a process of prior consultation with the indigenous peoples in light of the processing of a draft law for the autonomous development of their communities. This initiative was based on the requirement of consultation established by ILO Convention 160 signed by the Costa Rican State. The Consultation was developed in two stages: a Pre-Consultation, and the Consultation itself. The Pre-consultation was a mechanism developed by the indigenous movement to guarantee access to prior information. For its part, the Consultation was held through meetings in the indigenous territories convened in a broad and open manner to all traditional authorities, organizations and indigenous inhabitants, in print, radio and orally. As a result of the Pre-consultation and Consultation, indigenous people produced a text that replaces the Indigenous Peoples Autonomous Development Bill. The Social Affairs Committee issued an affirmative majority opinion on November 24, 2009. Up to January 2017, Bill 14352 was waiting to be seen by the legislative plenary.
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?
- embedded in the constitution/legislation
- Mode of selection of participants
- Type of participants
- citizens civil society
- democratic innovation yields a non-binding decision