Promoting implementation of the right to prior consultation

Context

Numerous social conflicts have arisen in the wake of Peru's economic growth, primarily in connection with the extractive industry.

The country's indigenous peoples continue to be poverty-stricken and greatly disadvantaged. Moreover, it is often in the areas they inhabit that raw materials are extracted. International and national laws and regulations, however, grant them the right to be consulted before government measures that may affect them directly are adopted.

Implementation of this right harbours conflict, particularly in connection with the extraction of resources. Major progress has been made, but challenges remain: with regard to building the knowledge of indigenous and government stakeholders and improving the quality of the processes and management instruments involved.

Since 2012, GIZ has been supporting Peru's Office of the Ombudsman and the Vice Ministry of Interculturality in fulfilling their mandates to carry out prior consultations. Since 2016, GIZ has been promoting implementation of the right to prior consultation in the mining sector and is providing advisory services to the Ministry of Energy and Mines in this context.

Objective

Within the framework of their mandates, Peru's Office of the Ombudsman, the Vice Ministry of Interculturality and the Ministry of Energy and Mines have contributed to effective implementation of the right of indigenous peoples to prior consultation.

Approach

GIZ is supporting the Office of the Ombudsman, the Vice Ministry of Interculturality and the Ministry of Energy and Mines in implementing the right to consultation in a professional manner.

• The level of information available and the technical capacity for implementing the right to consultation are being improved. GIZ is promoting work on the consultation processes and the development of pilot procedures to identify highland indigenous peoples.
• The internal workflows of the relevant authorities are being streamlined. The project facilitates coordination between authorities, helps develop instruments to monitor and supervise the consultations and offers specialist advice for representatives of the authorities and the indigenous peoples.
• The project is strengthening the knowledge of the government officials and the representatives of the indigenous peoples. GIZ is supporting training activities and carrying out international exchange programmes on the right to prior consultation in the mining sector.

Results

The following results have been achieved within the scope of the international cooperation activities:

• The Office of the Ombudsman is recognised by the other authorities as the supervisory body for prior consultations. The guidelines developed on supervision form part of the internal rules.
• The Vice Ministry of Interculturality has consolidated its role as the leading institution for policy development for indigenous peoples. It advises on, supports and monitors the technical aspects of all consultation processes. Thanks to GIZ assistance, the Vice Ministry now has better instruments and trained specialists at its disposal.
• More than 500 representatives of indigenous peoples and 6,500 government officials have learned more about the right to prior consultation, either by attending courses or in an online course developed during the project and certified by the Office of the Ombudsman. In an exchange programme with Colombia, three senior officials from the Ministry of Energy and Mines familiarised themselves with the experience gained with consultations in the mining sector there.
• Twenty-six consultation processes have been initiated, of which 11 have been completed. Six processes have subsequently been evaluated. Almost half of the consultations are connected with the extractive sector: eight on crude oil production and four on mining. Implementation of the right to prior consultation has thus been consolidated at institutional level.