Suchergebnisse

Prior consultation is an increasingly accepted instrument internationally for guaranteeing the rights of indigenous peoples. Conceived of theoretically as a means for conflict resolution, in practice it lies at the heart of social conflicts all over Latin America. Using concepts from the "contentious politics" approach, we take a closer look at Peru - where indigenous mobilizations would lead to the only Latin American consultation law enacted to date. We also critically analyze the content and formulation of its regulating norm. We argue that this new legislation will not help to turn such consultations into a tool for conflict resolution as long as the normative framework itself is contested and the necessary basic conditions are not in place. The most important conditions that we identify for implementing effective prior consultation are impartial 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. -- prior consultation ; Peru ; conflict resolution ; contentious politics ; indigenous peoples ; extractive industries

This article sheds light on 26 consultations in Bolivia's gas sector (2007-2012) and challenges simplified conceptions of prior consultation as a tool for conflict prevention and resolution. It shows that consultations do not only appease conflicts, but also exacerbate them as these procedures are used to negotiate broader grievances. This study further argues that narrow consultations (like those carried out in Bolivia) - rather than comprehensive ones - repress conflicts in the short-term by limiting opportunities to mobilize against extractive projects. It also reveals that the degree of conflict and prevention potential of consultations varied according to the affected groups and highlights the ambiguous effects of the entanglement of consultations and compensations.

With the recent expansion of extractive industries in Latin America, contestations with the affected communities have increased in number and intensity. Therein, the indigenous right to prior consultation and to free, prior and informed consent has played a crucial role. Based on the empirical study of several consultation processes in Bolivia's hydrocarbon sector since 2007 and referring to deliberative theories as well as human rights norms, this article explores the enabling and constraining factors in the democratization of resource governance through these procedures. While the specificities of consultations in plurinational Bolivia are taken into account, the study also draws general conclusions for similar processes in other resource-reliant countries. -- resource governance ; human rights ; indigenous peoples ; prior consultation ; deliberative democracy ; Bolivia ; Latin America

In Bolivia, rights to increased political participation and the recognition of indigenous political systems are interrelated. The new constitution of 2009, a prime example of the "new Andean constitutionalism", defines Bolivia as a representative, participatory and communitarian democracy. It incorporates enhanced mechanisms and institutions for participatory democracy. Moreover, new social rights have been anchored in the constitution and a plurinational state is supposed to be constructed. The article raises the question of whether the new constitution will change the relations between state and civil society considerably and whether a new democratic model is being established in Bolivia. I argue that there are many limiting factors when it comes to putting the emancipatory elements of the constitution into practice. These include the increased strength of the executive branch, the intent of the government to co-opt civil society organizations and to exclude dissident views, the resistance of the conservative opposition to loosing some of its privileges, the deep-rooted social inequality, the social conflicts and polarization, the resource dependence of the current economic model, and the authoritarian characteristics of indigenous self-governance structures. The article demonstrates that the new Bolivian constitution cannot create a new society but that the processes around the elaboration of a new basic law have contributed to considerable changes in the social, political and symbolic order. -- Bolivia ; constitution ; participatory democracy ; indigenous peoples ; social rights ; political pluralism

In den letzten Jahrzehnten sind in Lateinamerika die vermehrte rechtliche Anerkennung und eine politische Bedeutungszunahme indigener Völker zu beobachten. Die neue Verfassung Boliviens, geprägt durch die UN-Deklaration über Rechte indigener Völker (2007), nimmt diesbezüglich eine weltweite Vorreiterrolle ein. Im verfassunggebenden Prozess stand nicht nur die Anerkennung von kultureller Diversität zur Diskussion, sondern die Suche nach neuen Staats- und Entwicklungsmodellen. Die neue Verfassung soll nun einen rechtlich-politischen Dekolonisierungsprozess einleiten. Sie bietet die Basis für die Schaffung von einem plurinationalen und interkulturellen Staat sowie für ein Regime des "Guten Lebens". Die ambitionierten Reformprozesse rufen jedoch starke Konflikte hervor und stoßen auf Einschränkungen bezüglich ihrer Umsetzbarkeit. Die differenzierten Analysen der Aushandlungsprozesse und der Interessen und Strategien der AkteurInnen im verfassunggebenden Prozess Boliviens bieten einen Einblick in bestehende Konfliktpotentiale und Spannungsfelder zwischen utopischen Diskursen und sozialen Praktiken sowie schwer überwindbare asymmetrische Beziehungen

To address the negative externalities associated with global trade, countries in the Global North have increasingly adopted supply chain regulations. While global supply chains cause or contribute to interconnected environmental and human rights impacts, I show that supply chain regulations often exclusively target one policy domain. Furthermore, an analysis of the first experiences with the implementation of the French Duty of Vigilance law, which covers and gives equal weight to environmental and human rights risks, reveals that the inclusion of environmental and human rights standards in legal norms is not sufficient to ensure policy integration. The empirical focus here is on the soy and beef supply chains from Brazil to the European Union (EU), and the findings rely on an analysis of legal norms and company reports, field research at producing sites in Brazil and semi-structured interviews with civil society, business and state actors. For analyzing the data, I draw on the literature on environmental policy integration (EPI) and apply a framework that distinguishes between institutional, political and cognitive factors to discuss advances and challenges for integrating human rights and the environment in sustainability governance. The study concludes that more integrated approaches for regulating global supply chains would be needed to enable 'just sustainability'.

AbstractThe adoption of the French Duty of Vigilance law has been celebrated as a milestone for advancing the transnational business and human rights regime. The law can contribute to harden corporate accountability by challenging the "separation principle" of transnational companies and by obligating companies to report on their duty of vigilance. However, the question of whether the law actually contributes to human rights and environmental protection along global supply chains requires empirically grounded research that connects processes in home and host state countries. This paper contributes to such a new research agenda by linking political ecology literature and empirical insights from the Global South to research on due diligence regulations. With reference to field research data on contestations between the oil and gas company Total E&P and indigenous communities in Bolivia, I argue that the burden of proof and contestations over valid knowledge represent major obstacles when trying to establish legal liability.

With the recent expansion of extractive industries in Latin America, contestations with the affected communities have increased in number and intensity. Therein, the indigenous right to prior consultation and to free, prior and informed consent has played a crucial role. Based on the empirical study of several consultation processes in Bolivia's hydrocarbon sector since 2007 and referring to deliberative theories as well as human rights norms, this article explores the enabling and constraining factors in the democratization of resource governance through these procedures. While the specificities of consultations in plurinational Bolivia are taken into account, the study also draws general conclusions for similar processes in other resource-reliant countries.