Processes of Prior Consultation and Participation of the Indigenous and Peasant Communities for Hydrocarbon Production
Processes of consultation and participation of indigenous peoples and peasant communities ought to be carried out every time there is an attempt to develop hydrocarbon activities in the territory where these communities reside. They are obligatory and must be applied in advance, in a timely manner, and with good faith, respecting the territoriality, traditions, and customs of the potentially affected communities. The decisions resulting from the process must be respected as they are binding for the execution of the activities that were included in the consultation.
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 civil society
- Decisiveness
- democratic innovation yields a binding decision
- Co-Governance
- yes
Means
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Ends
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