Norm Contestation and (Non-)Compliance: The Right to Prior Consultation and FPIC in the Extractive Industries

Schilling‐Vacaflor, Almut

doi:10.1007/978-3-030-11382-7_12

Cited by 3 publications

(2 citation statements)

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“…In a Colombian and Latin American context, the overall results have been qualified as ambiguous or mixed. While PIC does not fundamentally alter power relations, it does not mean that substantive disputes are completely transformed into procedural dynamics or disputes (Rodríguez-Garavito, 2011), and limitations to indigenous participation should not be underestimated (Flemmer & Schilling-Vacaflor, 2016;Guevara Gil & Cabanillas Linares, 2020;Hougaard, 2022;Schilling-Vacaflor, 2019;Shapiro & McNeish, 2021;Wesche, 2021). Another study on mining and hydrocarbon production in Colombia concludes that PIC has served to represent IP interests and that the Constitutional Court has played an important role by upholding such procedures (Jaskoski, 2020).…”

Section: Literature Reviewmentioning

confidence: 99%

“…The focus is on the mechanisms of PIC and free, prior, and informed consent (FPIC), used more in Colombia than in other Latin American countries (Urteaga‐Crovetto, 2018; Zaremberg & Wong, 2018). Although some literature points to the positive outcomes of these mechanisms for reaching sustainable development aligned with indigenous interests, other authors consider them to be ineffective (Guevara Gil & Cabanillas Linares, 2020; Hougaard, 2022; Schilling‐Vacaflor, 2019; Wesche, 2021). The present analysis is, to our understanding, the first that combines a law and sustainable development perspective with quantitative evidence.…”

Section: Introductionmentioning

confidence: 99%

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Investment projects and the protection of indigenous peoples and territories in Colombia

Lizarazo‐Rodríguez,

De Lombaerde,

Lizarazo Carrera

et al. 2024

Latin American Policy

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This article addresses the protection of indigenous peoples and their natural habitats in Colombia when investment projects are planned or implemented. Special attention is paid to the mechanisms of prior informed consultation; and free, prior, and informed consent. The Colombian case is relevant because it is at the vanguard of protecting the rights of indigenous peoples and their territories, and it is home to tough policy choices, balancing indigenous rights, the environment (as a megadiverse country), and the economy (highly dependent on mining exports). From a law and sustainable development perspective, this article analyzes a novel combination of various statistical data sets and case law and includes tests of the outcomes of prior informed consultation processes and their interaction with environmental licensing based on regression analyses. The conclusions point to the scale of the use of the protection mechanisms, the patterns in the behavior of indigenous peoples and in the outcomes of the mechanisms, the need to reinterpret transaction costs, and the crucial role of the constitutional court.

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