The Previous Consultation is a mechanism to guarantee a fundamental right of indigenous peoples and other ethnic groups, whenever a decision is taken that may affect them directly or when projects, works or activities are intended to be carried out within their territories, especially when it comes to mining extraction and environmental effects. The prior consultation is based on the right of indigenous peoples to decide their own priorities in the process of economic, social and cultural development, insofar as their lives, beliefs, institutions, spiritual well-being and the lands they occupy are affected. In addition, prior consultation is supported in the right of these peoples to participate in the formulation, implementation and evaluation of national and regional development plans and programs that may directly affect them. Prior consultation was instituted in 1991 when a Convention on this subject was adopted by the International Labor Organization. This mechanism seeks to reach an agreement or achieve the consent of the projects that are sought, as well as to protect cultural, ethnic, social and economic integrity and guarantee the right to participation of these communities. In this way, meetings are held between those interested in carrying out the projects and the communities that may be affected, to consult with them about their implementation. According to the result, the environmental authority must decide on the granting of environmental licenses and the establishment of corresponding environmental management plans.
Formalization: is the innovation embedded in the constitution or legislation, in an administrative act, or not formalized at all?
Frequency: how often does the innovation take place: only once, sporadically, or is it permanent or regular?
Mode of Selection of Participants: is the innovation open to all participants, access is restricted to some kind of condition, or both methods apply?
Type of participants: those who participate are individual citizens, civil society organizations, private stakeholders or a combination of those?
Decisiveness: does the innovation takes binding, non-binding or no decision at all?
Co-governance: is there involvement of the government in the process or not?
- embedded in the constitution/legislation
- Mode of selection of participants
- Type of participants
- citizens civil society
- democratic innovation yields a binding decision