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Conflict transformation through prior consultation? Lessons from Peru

[journal article]

Schilling-Vacaflor, Almut; Flemmer, Riccarda

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Abstract This article analyses the background to and the content of the Peruvian prior consultation law - the only one enacted in Latin America to date - and its regulating decree. In contrast to the widespread conception that prior consultation is a means for preventing and resolving conflict, it argues that this new legislation will not help to transform conflicts as long as the normative framework itself is contested and the preconditions for participatory governance are not in place. Establishing these preconditions would result in state institutions capable of justly balancing the diverse interests at stake; measures that reduce power asymmetries within consultations; and joint decision-making processes with binding agreements.
Keywords Peru; indigenous peoples; participation; say; legislation; conflict management; human rights; intercultural communication; protest; petroleum industry; economic policy; conflict of interest; Latin America
Classification Political Process, Elections, Political Sociology, Political Culture; Peace and Conflict Research, International Conflicts, Security Policy
Free Keywords prior consultation
Document language English
Publication Year 2015
Page/Pages p. 811-839
Journal Journal of Latin American Studies, 47 (2015) 4
DOI http://dx.doi.org/10.1017/S0022216X15000826
ISSN 1469-767X
Status Published Version; peer reviewed
Licence Deposit Licence - No Redistribution, No Modifications
This publication is with permission of the rights owner freely accessible due to an Alliance licence and a national licence (funded by the DFG, German Research Foundation) respectively.