A Peruvian girl. © CARE / Phil Borges.Historically, indigenous people have often been dispossessed of their lands. Around the world, they have been fighting for the recognition of their right to own, manage and develop their territories and resources.
In Peru, a proposed new law would grant indigenous people the right to be consulted on work that affects their communities. This legislation is an important step in the enforcement of indigenous people’s rights but is a challenging law to get approved.
Under international law, the rights of indigenous Peoples are recognised through the International Labour Organisation (ILO) Convention 169. The convention sets out the right of indigenous peoples to be consulted on laws and administrative issues affecting them directly.
In 1994 Peru ratified the Convention, but since then little progress has been made to put it into practice.
In May 2010, the congress approved the consultation law. This was only a quick taste of victory. In June 2010, President Alan García refused to sign the historic new law that would enforce Peru's international obligation to consult with indigenous peoples before proceeding with resource extraction projects, such as mining, oil and gas activities that affect them.
What lies behind the reluctance of the government to approve what might now be perceived as a controversial legislation, is the protection of an economic growth model to a large extent based on revenues from the extractive industry, which generate a fast economic growth plagued by huge inequalities.
Marina Irigoyen, National Programme coordinator for CARE Peru, argues that the Peruvian government now has to handle a growing and contradictory tension:
On one hand, the government has to maintain a favourable environment for the economic activities of the extractive industry as a main source of state income. On the other hand, indigenous communities and the population in general are more and more demanding that their rights be respected. In this context, the right to consultation would be seen for the state as a distraction and even more a contradictory force impeding economic growth and progress.
Indigenous organisations from the Amazon, AIDESEP and CONAP, who CARE in Peru works with, are trying to come up with an agreement on a theme of national interest. CARE Peru has been supporting this process of dialogue facilitating discussions between indigenous organisations and the government, as well as building the capacity of one of the largest national indigenous organization (CONAP).
Marina Irigoyen explains that the right to consultation, besides being recognised internationally, including by the Congress of Peru who recently voted for the adoption of the law, is a necessary mechanism to guarantee national stability. The lack of consultation is generating political and social instability leading to conflict and even death. This was witnessed during the last year Bagua’s incident, in which protests by Indigenous peoples against the promulgation of a set of laws making it easier for the state to concede land to the extractive industry, was broken up by police and resulted in the death of 33 people.
Ultimately, this impacts negatively on growth and economic development, precisely what the state is attempting to protect. In the end the consultation law will have to find a balance between the national interests at the same time as respecting the rights of indigenous people.
