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PROTOCOLO PARA LA CONSULTA Y CONSENTIMIENTO PREVIO SUAREZ BUENOS AIRES CAUCA

Source: http://www.hchr.org.co/files/eventos/201...

Date added: Oct 16, 2018

Protocol

PROTOCOLO AUTONOMO PUEBLO ARHUACO

Source: http://www.hchr.org.co/files/eventos/201...

Date added: Oct 16, 2018

Protocol

2 shown of 2 entities

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  - Protocol 2
  - Court ruling 0
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Sector
ANDOR
- No Label 2

Country
ANDOR
- South America 2

Context and purpose
ANDOR
- d) Historical context (are there general statements that reflect this history and perspective) 2
- h) Does the protocol address processes for updating its contents 2
- a) Pending development projects: Mining, Oil/Gas/ Agribusiness / Hydroelectric Dam or experience with past projects 1
- b) Land demarcation (recognized / partially recognized / pending / no recognition) 1
- c) A component of a broader strategy of governance assertion 1
- e) Addressing inter/intra-community/people divisions or formalizing modalities of cooperation 1
- f) Does the protocol have unique features that reflect the particular communities experience 1
- g) Does the protocol describe the process for its development 1

Community governance
ANDOR
- a) Life plans (self-determined development) 2
- e) Community history 2
- b) Territorial plans and boundaries 1
- c) Community resolutions 1
- d) Community governance statutes 1

Preconditions
ANDOR
- b) Formal recognition of indigenous’ rights and governance structures 2
- d) Timing of decisions 2
- f) Concepts defined in the protocol (e.g. integral territory, culture, knowledge, sacred sites…) 2
- e) Assertion of rights in relation to natural resources 1

Term definitions
ANDOR
- Consent 2
- Free 2
- Good faith 2
- Informed 2
- Prior 2

Non-negotiables
ANDOR
- b) Rejection certain types of activities / impacts that are critical 2
- a) Affirmations that relocation is unacceptable 2
- d) Agreement to the protocol as basis for consultations 2
- c) Affirmation of the right to decide (language used, yes/no, veto and supporting rationale) 1
- e) Rejection of development project as exchange for recognition of land rights 1

Core principles
ANDOR
- b) Good faith with elaboration of its implications 2
- f) Negotiation in certain (or all contexts) 2
- g) Intercultural dialogue 2
- a) Respect for land rights and indigenous governance 1
- c) Criteria in relation to timeframes and processes 1
- d) Criteria in relation to indigenous knowledge 1
- e) Basis for right to decide and give or withhold consent 1

Protocol scope
ANDOR
- a) A statement of principles 2
- c) Does it seek to define the entire consultation process 2
- d) Does it address particular activities or is it all encompassing (projects, administrative or legislative measures etc and are these addressed separately?) 2
- b) Establishes a process for negotiation of consultation procedures 1

Legal frameworks invoked
ANDOR
- a) International or regional instruments/jurisprudence 2
- b) National laws/policies/jurisprudence 2
- e) Reference to indigenous justice 2

Interfaces with external institutions and organizations
ANDOR
- b) Specific ministries 2
- c) NHRIs / Ombudsman 2
- d) International oversight 2
- a) Municipal government 1

Internal groups or other peoples
ANDOR
- a) Other indigenous communities or peoples 2
- e) Broader society 2

Scope of consultation
ANDOR
- a) Single or multiple communities (of one people, or multiple peoples) 1
- c) Multiple peoples 1

When to consult
ANDOR
- a) Triggers for consultation 2
- c) Reference to ESIAs 2

Roles in decision-making process
ANDOR
- a) Role of representatives 2
- b) Role of community members 2
- e) The process of decision-making, discussion, consensus, voting. 2
- f) What is done in the absence of consensus 2
- g) Participation of outsiders 2
- c) The role of General Assemblies and other structures 1

Conditions for consultation
ANDOR
- c) Language of consultations and choice of translators 2
- h) Actor how pasts costs for participation 6
- f) Who will coordinate the meetings 5
- g) Freedom to invite third parties, including trusted specialists 5
- a) Location of meetings 3
- b) Dates that coincides with community activities/calendar 3
- d) Decisions as to who to involve 3
- e) Role of indigenous knowledge 2
- j) Rules in relation to recording and sharing of recordings 2
- i) Absence of armed presence in the meetings (police, security or intelligence) 1
- No Label 1

Nature and sequencing of consultation phases
ANDOR
- a) Involvement in strategic planning 2
- b) Initial approach 2
- e) Internal meetings (actors involved, decision-making processes) 2
- h) Does it establish fixed timeframes 2
- d) Information meetings (content, where, with whom and partner participation) 1
- f) Follow up meetings (for additional information) 1
- g) Are there different processes envisaged for different types of projects/proposals 1

Language, naming and style
ANDOR
- d) Is it referred to as a “protocol” ? 2
- g) Is the style western legalistic 2
- b) as well as the language of the State 1
- c) are there any statements or terms in native language in the dominant language version 1
- h) Is it a hybrid of customary law and western law 1

Who to consult
ANDOR
- a) Elders 2
- c) Leaders 2
- g) Organizations 2
- d) Specific roles addressed (e.g. teachers and health workers) 1
- e) Women 1

Outcomes
ANDOR
- b) Conditions for agreements 2
- c) Content of agreements 2
- d) Agreement oversight and enforcement mechanisms 2
- a) Implications of giving or withholding consent 1

Actors addressed
ANDOR
- No Label 2

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