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  • Author: Rebecca Bintrim
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: Across the Andes, land- and natural resource-related confl ict has been increasing in the past 10 years, with only minor fl uctuations from year to year. In the past six years, those confl icts have occurred against a backdrop of discussion, adoption and refi nement of International Labour Organization Convention 169 (ILO 169) and consulta previa regulations to govern it. While not necessarily related, the long-term trends in confl ict and the adoption of consulta previa raise important questions. Can consulta previa address or contain long pent-up frustrations and confl icts? Or will the rising expectations they bring to communities, if the laws are imperfectly or subjectively implemented, lead to even more confl ict? The Charticle here shows the risks of the latter.
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: In most countries the process isn't always clear or direct. Who does it, how to do it and how long it can take varies from country to country—a reflection of the vagueness of ILO 169 and the uneven development of government regulations across the hemisphere. To compare, here are the steps you would need to take in Chile, Colombia, Guatemala, and Peru.
  • Political Geography: Colombia, Chile, Peru, Guatemala
  • Author: Cynthia Sanborn, Alvaro Paredes
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: During his 2011 presidential campaign, Peruvian President Ollanta Humala promised a new relationship between the Peruvian state and Indigenous peoples, in which the rights of the latter would be guaranteed and their participation in government would be treated as fundamental.
  • Political Geography: Peru
  • Author: Jerónimo Carcelén Pacheco, Valentina Mir Bennett
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: While Chile has recognized and supported Indigenous rights through a variety of constitutional, legal and statutory norms, one of the most central—especially given the country's extractive industry—is one of the least settled.
  • Political Geography: Chile
  • Author: Silvel Elías, Geisselle Sánchez
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: Although they constitute 40 percent of Guatemala's population, Indigenous Guatemalans face great inequality in terms of access to health, education, housing and—most critically—political representation.
  • Political Geography: Guatemala
  • Author: Diana María Ocampo, Sebastian Agudelo
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: In Colombia's 2010–2014 National Development Plan, President Juan Manuel Santos listed the mining sector as one of the five engines of the country's economic growth, alongside infrastructure, housing, agriculture, and innovation. At the same time, the government recognized the need for regulatory, legal and policy instruments to make Colombia a regional powerhouse for mining and infrastructure.
  • Political Geography: Colombia
  • Author: Daniel M. Schydlowsky, Robert C. Thompson
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: The Peruvian economy has experienced exceptional growth in the past 10 years, with its GDP expanding at an average yearly rate of 6.5 percent. Much of this growth is due to the mining sector, which in 2012 accounted for 9.6 percent of Peru's GDP, 1.3 percent of its employment and 56.9 percent of its exports.
  • Political Geography: Peru
  • Author: Paloma Muñoz Quick
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: While numerous United Nations mechanisms1 have addressed the impact of business activities on Indigenous rights, it was only in 2011—with the UN Human Rights Council's unanimous endorsement of the UN Guiding Principles on Business and Human Rights—that the role of businesses in respecting, or abusing, these rights was officially acknowledged.
  • Author: Carlos Andrés Baquero Díaz
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: The right to free, prior and informed consent (FPIC), or consulta previa, has expanded throughout South America. Nine states have ratified the International Labour Organization's Convention 169 (ILO169)—the principal treaty regarding consulta previa.* But regulations created by four of those states—Colombia, Chile, Peru, and Ecuador—contradict the commitments they accepted when they ratified the treaty, in effect violating the right of Indigenous people to be consulted on administrative and legislative measures that could directly affect them.
  • Political Geography: Colombia, South America, Chile, Peru, Ecuador
  • Author: Angela Bunch
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: Indigenous peoples' control over natural resources continues to be one of the most controversial issues in international law. Numerous international human rights treaties recognize Indigenous communities' right to be consulted over the use of resources on or beneath their communal lands. But international law tends to consider third parties' exploitation of natural resources on Indigenous land to be legal—as long as Indigenous rights to consultation, participation and redress, among other rights, are met.
  • Author: Joseph Guadalupe Gomez
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: Guatemala is a plurinational country that 22 Maya nations, Xinka, Garifuna, and Ladino people jointly call home. The efforts to gain access to natural resources—often without the consent of the communities affected—constitute another stage in the long history of dispossession and repression of Maya peoples since colonization.
  • Political Geography: Guatemala
  • Author: Cementos Progreso S.A.
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: Guatemala ratified International Labour Organization Convention 169 (ILO 169) on June 5, 1996, more than a year after Guatemala's Constitutional Court, the highest court in the country, ruled in Document 199-95 that the Convention did not contradict the Guatemalan Constitution.
  • Political Geography: Guatemala
  • Author: Diana Rodríguez-Franco
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: On a hot Sunday morning in July 2013, the inhabitants of Piedras, a small municipality in the Colombian Andes, gathered to decide whether large-scale mining activities should be permitted in their territory.
  • Political Geography: Colombia
  • Author: Diana Arbeláez-Ruiz, Daniel M. Franks
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: Mining is a lot more than complex technology, logistics and finance. While mineral extraction does require an amazing array of machinery, computers, and processes for transporting and treating the materials, it is just as much a social project that is negotiated and conducted within a social context.
  • Author: Jose W. Fernandez
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: United States-Latin American relations have often suffered from a disconnect. While we stress security issues, the region's leaders speak of poverty reduction and trade. They resent being seen as afterthoughts to U.S. policies focused elsewhere. As a result, the region is sporadically open to new suitors, such as Spanish investors 15 years ago, or the Chinese today.
  • Political Geography: United States, Latin America
  • Author: Antonio de Aguiar Patriota
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: A shift of the global balance of power is under way. Emerging countries are increasingly playing significant roles on global issues, such as the global economy, trade, and investment, as well as in diplomacy and multilateral decision making.
  • Author: Francisco Miranda Hamburger
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: On May 25, 32 million Colombians will vote in one of the most important presidential elections in the nation's recent history—an election that will turn on the issue that remains Colombia's greatest challenge: putting an end to the armed conflict.
  • Political Geography: Colombia
  • Author: Sonia Meza-Cuadra
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: Governments aim to make decisions that will improve the economic and social development and welfare of their citizens. But historically, decisions affecting Indigenous and tribal people's culture, ancestral lands and habitats have too often been made without their participation. ilo 169 and the UN Declaration on the Rights of Indigenous Peoples seek to redress this situation.
  • Topic: Government
  • Author: Michael McDonald
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: Fidelino Gómez remembers fondly the years he spent in Iowa, where his middle child was born. Standing outside his one-room wood home in his native Guatemala, Gómez, 34, thumbs through pictures he took of the Mississippi River, snowy Midwest winters and gatherings with family and friends. He recalls easier times. “We lived well,” Gómez says under the searing sun. “We could feed our children, pay our bills, and we still had money left over.
  • Author: Robert A. Boland
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: In the next two years, Brazil will host the three largest mega sports events in the world: the 2014 FIFA World Cup this summer, and then the Summer Olympics and Paralympics in Rio in 2016. Other nations in the Americas and across the globe will be watching to see if Brazil's hosting duties lead to broad-based, lasting growth, or are merely an expensive distraction. While history provides examples of both scenarios, hosting such megaevents can provide lasting and transformative value, including to developing nations.
  • Political Geography: America, Brazil