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Why is Prior Consultation Not Yet an Effective Tool for Conflict Resolution? The Case of Peru

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  • Schilling-Vacaflor, Almut
  • Flemmer, Riccarda

Abstract

Prior consultation is an increasingly accepted instrument internationally for guaranteeing the rights of indigenous peoples. Conceived of theoretically as a means for conflict resolution, in practice it lies at the heart of social conflicts all over Latin America. Using concepts from the contentious politics approach, we take a closer look at Peru - where indigenous mobilizations would lead to the only Latin American consultation law enacted to date. We also critically analyze the content and formulation of its regulating norm. We argue that this new legislation will not help to turn such consultations into a tool for conflict resolution as long as the normative framework itself is contested and the necessary basic conditions are not in place. The most important conditions that we identify for implementing effective prior consultation are impartial state institutions capable of justly balancing the diverse interests at stake, measures that reduce power asymmetries within consultations, and joint decision-making processes with binding agreements.

Suggested Citation

  • Schilling-Vacaflor, Almut & Flemmer, Riccarda, 2013. "Why is Prior Consultation Not Yet an Effective Tool for Conflict Resolution? The Case of Peru," GIGA Working Papers 220, GIGA German Institute of Global and Area Studies.
    • Handle: RePEc:zbw:gigawp:220
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    References listed on IDEAS

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    1. Anthony Bebbington & Denise Humphreys Bebbington, 2010. "An Andean Avatar: Post-neoliberal and neoliberal strategies for promoting extractive industries," Global Development Institute Working Paper Series 11710, GDI, The University of Manchester.
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    Cited by:

    1. Schilling-Vacaflor, Almut, 2013. "Rethinking the Consultation-Conflict Link: Lessons from Bolivia's Gas Sector," GIGA Working Papers 237, GIGA German Institute of Global and Area Studies.
    2. Fontana, Lorenza B. & Grugel, Jean, 2016. "The Politics of Indigenous Participation Through “Free Prior Informed Consent”: Reflections from the Bolivian Case," World Development, Elsevier, vol. 77(C), pages 249-261.
    3. Schoderer, Mirja & Ott, Marlen, 2022. "Contested water- and miningscapes – Explaining the high intensity of water and mining conflicts in a meta-study," World Development, Elsevier, vol. 154(C).
    4. Jaskoski, Maiah, 2014. "Environmental Licensing and Conflict in Peru's Mining Sector: A Path-Dependent Analysis," World Development, Elsevier, vol. 64(C), pages 873-883.

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