Indigenous peoples' rights to consultation (ILO169) and development interventions: comparing experiences in Ecuador, Colombia and Brazil

The ILO Convention # 169 (C169) is unique, as it is the only legally binding instrument in international law that distinctly deals with indigenous peoples' rights. It covers a range of issues, including land rights and access to natural resources. C169 is directed to governments, recognising the rights of indigenous and 'tribal' peoples to participate in the use, management and conservation of natural resources. Critics of the convention point to the lack of recognition of the right to self-determination of indigenous peoples within their territories. Another limitation is that the right to prior consultation does not recognize the right of indigenous peoples to veto the measures the government eventually decides to implement. The focal point of the plann ed research project is to collect experiences in three Latin American countries of prior consultation with indigenous peoples, with a particular focus on cases where oil/energy extraction interventions are planned in or near indigenous lands. The small hy droelectric dams in the headwaters of the Xingu River traversing Xingu Indigenous Park in Brazil is one case of partciular interest in this regard. Comparable cases involving energy/oil exploitation in Indigenous Territories in Ecuador and Colombia will b e further explored during the pre-project period. A multidisciplinary-oriented approach will be drawn upon, employing methods of anthropology, political science and international law. Discourse analysis and case studies will be used to approach the divers e contexts and situations in the three countries, and to examine more specifically national law-making processes that have resulted in conflicts (or resulion of conflicts) between the State and indigenous peoples. Constitutional ownership of subsoil natur al resources and cases where hydraulic energy potentials enter into conflict with indigenous peoples' rights to land as expressed in the C 169 are of particular interest in this context.