Prior Consultation (Yaqui Tribe)
The Prior Consultation of the Yaqui Tribe on the Operation of the Independence Aqueduct refers to a mechanism mandated by the Supreme Court of Justice and signed by the Ministry of Environment and Natural Resources and the Yaqui Tribe. The said Mechanism established as the objective of the consultation to determine if there is an affectation to the rights of the Tribe, in particular to their Water disposal rights, caused by the operation of the Independence Aqueduct (managed in 2010 by the government of the State of Sonora; a decision authorized in 2011 without consulting the Tribe). The Mechanism defined four stages of the procedure: 1. Prior Agreements; 2. Informative; 3. Deliberative; and 4. Meeting for Consultation. On July 5, 2014, the traditional authorities of the villages of Vícam, Cócorit, Belem, Bácum and Pótam decided to temporarily suspend dialogue with the federal agencies because they believed that there were no conditions to guarantee it was freely developed and in good faith.
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
- single
- 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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