Natural Justice
Non-Governmental Organisation
National laws/policies/jurisprudence
Non-negotiable
Constitutional Court
Judicial instition
Good faith
Term
Criteria in relation to indigenous knowledge
Core principles
broader society
Internal groups or other peoples
Are concepts defined in the protocol? (e.g. integral territory, culture, knowledge, sacred sites…)
Precondition
Other actors addressed
Actors addressed
Civil society actors addressed
Actors addressed
National or regional indigenous organizations addressed
Actors addressed
Corporate actors addressed
Actors addressed
State actors addressed
Actors addressed
Rituals addressed
Nature and sequencing of consultation phases
Fixed timeframes
Nature and sequencing of consultation phases
Different processes envisaged for different types of projects/proposals
Nature and sequencing of consultation phases
Follow up meetings (for additional information)
Nature and sequencing of consultation phases
Internal meetings (actors involved, decision-making processes)
Nature and sequencing of consultation phases
Information meetings (content, where, with whom and partner participation)
Nature and sequencing of consultation phases
Meetings for development of specific consultation plan in accordance with the protocol
Nature and sequencing of consultation phases
Initial approach
Nature and sequencing of consultation phases
Involvement in strategic planning
Nature and sequencing of consultation phases
Rules in relation to recording and sharing of recordings
Conditions for consultation
Absence of armed presence in the meetings (police, security or intelligence)
Conditions for consultation
Actor who pays costs for participation
Conditions for consultation
Freedom to invite third parties, including trusted specialists
Conditions for consultation
Who will coordinate the meetings
Conditions for consultation
Role of indigenous knowledge
Conditions for consultation
Decisions as to who to involve
Conditions for consultation
Language of consultations and choice of translators
Conditions for consultation
Dates that coincide with community activities/calendar
Conditions for consultation
Location of meetings
Conditions for consultation
What is done in the absence of consensus
Roles in decision-making process
The process of decision-making, discussion, consensus, voting.
Roles in decision-making process
Role of community members
Roles in decision-making process
Role of representatives
Roles in decision-making process
Organizations
Who to consult
Students
Who to consult
women
Who to consult
specific roles addressed
Who to consult
Leaders
Who to consult
Guards / Warriors
Who to consult
Elders
Who to consult
Multiple peoples
Scope of consultation
Level of a people
Scope of consultation
Single or multiple communities
Scope of consultation
Future generations
Internal groups or other peoples
Deceased ancestors or spirits
Internal groups or other peoples
Local or traditional/subsistence/peasant communities
Internal groups or other peoples
Tribal peoples
Internal groups or other peoples
Indigenous peoples in voluntary isolation / initial contact
Internal groups or other peoples
Other indigenous communities or peoples
Internal groups or other peoples
International oversight
Interfaces with external institutions and organizations
NHRIs / Ombudsman
Interfaces with external institutions and organizations
Specific ministries
Interfaces with external institutions and organizations
Municipal government
Interfaces with external institutions and organizations
Reference to indigenous justice or ancestral justice
Non-negotiable
Customary law
Non-negotiable
Colonial laws
Non-negotiable
International or regional instruments/jurisprudence
Non-negotiable
Does it address particular activities or is it all encompassing (projects, administrative or legislative measures etc and are these addressed separately?)
Scope
Does it seek to define the entire consultation process
Scope
Process for negotiation of consultation procedures
Scope
A statement of principles
Scope
Intercultural dialogue
Core principles
Negotiation in certain or all contexts
Core principles
Basis for right to decide and give or withhold consent
Core principles
Criteria in relation to timeframes and processes
Core principles
Good faith with elaboration of its implications
Core principles
Respect for land rights and indigenous governance
Core principles
Circumstances that render consultations or consent void (e.g. FPI: creation of division, presence of armed groups, offers of money, threats…)
Non-negociables
Rejection of development project as exchange for recognition of land rights
Non-negociables
Agreement to the protocol as basis for consultations
Non-negociables
Affirmation of the right to decide (language used, yes/no, veto and supporting rationale)
Non-negociables
Rejection certain types of activities / impacts that are critical
Non-negociables
Affirmations that relocation is unacceptable
Non-negociables
Assertion of rights in relation to natural resources
Precondition
Timing of decisions
Precondition
Addressing of legacy issues
Precondition
Formal recognition of indigenous’ rights and governance structures
Precondition
Demands for demarcation prior to consultation
Precondition
Community history
Community governance instruments, structures, territories, history
Community governance statutes
Community governance instruments, structures, territories, history
Community resolutions
Community governance instruments, structures, territories, history
Territorial plans and boundaries
Community governance instruments, structures, territories, history
Life plans (self-determined development)
Community governance instruments, structures, territories, history
Process for updating the protocol
Context, purpose and process of protocol creation & maintenance