When I Want Your Opinion, I'll Give It To You: How Governments Support the Indigenous Right to Consultation in Theory, But Not in Practice

Authors

• Laura M. Seelau, Project for Indigenous Self-Determination
• Ryan Seelau, Project for Indigenous Self-Determination

Abstract

The article examines the gap between the legal framework protecting indigenous rights and its practical implementation, focusing on Chile's failure to uphold the right to consultation under ILO Convention 169. Despite having robust laws, including the Indigenous Law (No. 19.253) and the incorporation of Convention 169 into its Constitution, Chile's judiciary and government often misunderstand the timing and scope of consultation, undermining the effectiveness of indigenous rights. The case of the Atacameño people highlights how the denial of early consultation in geothermal exploration concessions jeopardizes indigenous property, natural resources, and water rights, demonstrating the need for clearer legal standards and earlier engagement in decision-making processes.

Disciplines

Civil Rights and Discrimination | Law

Recommended Citation

Laura M. Seelau & Ryan Seelau, When I Want Your Opinion, I'll Give It To You: How Governments Support the Indigenous Right to Consultation in Theory, But Not in Practice, 23 Cardozo J. Int'l & Comp. L. 547 (2015).
Available at: https://larc.cardozo.yu.edu/cjicl/vol23/iss3/4