Prior Consultation with Indigenous or Native Peoples
The Prior Consultation with Indigenous or Native Peoples is a mandatory mechanism incorporated by law for prior consultation with indigenous peoples in cases of legislative or administrative measures that directly affect them, in order to obtain their consent and to agree on forms and, if necessary, alternatives for implementation. The consultation consists of several stages of intercultural dialogue in the form of assemblies and representative councils with citizens and organizations of affected communities, with the possibility of reaching a binding agreement or a non-agreement, in which case the decision falls on the State.
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 binding decision