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Conflict transformation through prior consultation? Lessons from Peru
[journal article]
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 ... view more
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.... view less
Keywords
legislation; Latin America; say; protest; indigenous peoples; intercultural communication; Peru; human rights; economic policy; conflict of interest; conflict management; participation; petroleum industry
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
https://doi.org/10.1017/S0022216X15000826
ISSN
1469-767X
Status
Published Version; peer reviewed
Licence
Deposit Licence - No Redistribution, No Modifications
With the permission of the rights owner, this publication is under open access due to a (DFG-/German Research Foundation-funded) national or Alliance license.