Amelia Alva
Ghent University, Human Rights Centre, Faculty Member
- Human Rights, Indigenous Studies, Multiculturalism, Identity politics, Decision Making, International Law, and 14 moreHuman Rights Law, Public International Law, Indigenous Peoples, Indigenous Peoples Rights, Political Economy, Development, Latin America, Mining, Andean studies, Latin American Studies, Indigenous Politics, Latin American politics, Pueblos indígenas, and Philosophy Of Economicsedit
This article discusses how the magistrates of the Constitutional Tribunal of Peru have interpreted the right to prior consultation and examines whether and/or to what extent these magistrates have been consistent with the case-law of the... more
This article discusses how the magistrates of the Constitutional Tribunal of Peru have interpreted the right to prior consultation and examines whether and/or to what extent these magistrates have been consistent with the case-law of the Inter-American Court of Human Rights (IACtHR). Taking into account that the jurisprudence of the Constitutional Tribunal has provided the first guidelines on how to legislate and how to conduct the prior consultation processes in Peru, this analysis is relevant to determine if these guidelines have been elaborated according to the IACtHR’s standards.
Research Interests:
Research Interests:
ABSTRACT The adoption of the UNDRIP gave new hope to indigenous peoples in constituting a tool to defend their rights when facing major political and economic powers that impose development projects. The right to prior consultation,... more
ABSTRACT The adoption of the UNDRIP gave new hope to indigenous peoples in constituting a tool to defend their rights when facing major political and economic powers that impose development projects. The right to prior consultation, foreseen by the UNDRIP, implies an intercultural dialogue between the state and indigenous peoples with the objective to achieve their consent. In addition, it empowers them to demand the fulfilment of other rights and to rule their destinies according to their own criteria and priorities of life. Peru is the first Latin American country that approved a legislation focused on the right to prior consultation. This experience is seen as a successful model by its neighbours. However, after the first years of its application, this legislation has started to be under scrutiny. This article analyses the new Peruvian legislation of prior consultation, its congruence with the UNDRIP and its requirement of free, prior and informed consent through the presentation of an emblematic process of consultation on hydrocarbons.
Research Interests:
This article discusses how the magistrates of the Constitutional Tribunal of Peru have interpreted the right to prior consultation and examines whether and/or to what extent these magistrates have been consistent with the case-law of the... more
This article discusses how the magistrates of the Constitutional Tribunal of Peru have interpreted the right to prior consultation and examines whether and/or to what extent these magistrates have been consistent with the case-law of the Inter-American Court of Human Rights (IACtHR). Taking into account that the jurisprudence of the Constitutional Tribunal has provided the first guidelines on how to legislate and how to conduct the prior consultation processes in Peru, this analysis is relevant to determine if these guidelines have been elaborated according to the IACtHR’s standards.
Research Interests:
The adoption of the UNDRIP gave new hope to indigenous peoples in constituting a tool to defend their rights when facing major political and economic powers that impose development projects. The right to prior consultation, foreseen by... more
The adoption of the UNDRIP gave new hope to indigenous peoples in constituting a tool to defend their rights when facing major political and economic powers that impose development projects. The right to prior consultation, foreseen by the UNDRIP, implies an intercultural dialogue between the state and indigenous peoples with the objective to achieve their consent. In addition, it empowers them to demand the fulfilment of other rights and to rule their destinies according to their own criteria and priorities of life. Peru is the first Latin American country that approved a legislation focused on the right to prior consultation. This experience is seen as a successful model by its neighbours. However, after the first years of its application, this legislation has started to be under scrutiny. This article analyses the new Peruvian legislation of prior consultation, its congruence with the UNDRIP and its requirement of free, prior and informed consent through the presentation of an emblematic process of consultation on hydrocarbons.
Research Interests:
Research Interests:
Este artículo tiene por objetivo principal describir el tratamiento de la consulta previa de los pueblos indígenas en el per sobre todas las medidas legislativas o administrativas que les afecten directamente. El análisis toma como... more
Este artículo tiene por objetivo principal describir el tratamiento de la consulta previa de los pueblos indígenas en el per sobre todas las medidas legislativas o administrativas que les afecten directamente. El análisis toma como referencia el movimiento social indígena en la Amazonía peruana (2008-2009), se hará una revisión pre y post conflicto: sistematizaremos los mecanismos de participación y consulta vigentes y cómo se han venido aplicando; así como las propuestas de las organizaciones indígenas, los compromisos estatales asumidos y los desafíos pendientes, que han derivado principalmente en la elaboración y aprobación de una propuesta de ley de consulta previa.