CONSULTATION PHASE TO ACCORDING ILO CONVENTION 169

MinisterioDe EnergíaY Minas

CONSULTATION PHASE TO INDIGENOUS PEOPLES

ACCORDING ILO CONVENTION 169


What is the Consultation to Indigenous Peoples (IP)?

•  The ILO Convention 169 framework aims to create participation spaces for the IP.

•  It is a dialogue process in good faith, led by the State.•  IP are consulted, through their representative bodies, when

an administrative measure may affect them directly.•  The objective is to inform the communities about the

project and find out any concerns that they may have in this regard, in order to reach agreements between the parties.


Consultation Phases to Indigenous Peoples (IP)

Internal administrative formalities. 0.

1.

2.

3. 4.

5. Identification and recognition of the

IP.

Convening and Pre Consultation.

Planning and Consultation design.

Assessment and information delivery.

Intercultural Dialogue.


•  The multidisciplinary government staff, led by the Ministry of Energy and Mines, reviews and analyses the documentation related to the consultation process, prepares logistics, manages funds, equipment and technical personnel, among others.

Internal administrative formalities

Phase

0


Identification and recognition of the IP

•  Once the presence of the IP has been identified in the areas where the project will be implemented or planned, the government establishes communication with the indigenous authorities of the communities recognized as likely to be affected by the administrative measure, to inform them in a timely manner of the consultation process.

•  Likewise, they are invited to designate their representatives in the consultation process.

Phase

1


•  The Ministry of Energy and Mines convenes the representatives of the IP and the Government entities involved to participate in the pre-consultation process in a participatory manner and in good faith, which will be carried out on a specific date and place.

Convening andPre Consultation

Phase

2


•  Participants in the dialogue and consultation table plan and design the mechanism that will be used in the presentation of information necessary to carry out the consultation.

•  In this process, the principles of good faith, transparency, trust, mutual respect, dialogue promoting flexibility, reasonable time, and absence of coercion and conditioning are met.

Planning and Consultation design

Phase

3


•  The Ministry of Energy and Mines, in accordance with the proposal established in the Pre-Consultation phase, facilitates and delivers the project information to the Dialogue Commission.

•  For their part, the institutions and representatives of the IP, in the established times, analyse and reflect from the information provided, if they have direct effects on their collective rights.

•  During the information assessment, it is contemplated to attend the principles of good faith, flexibility, reasonable time, and absence of coercion and conditioning.

Assessment and Information delivery

Phase

4


•  The Ministry of Energy and Mines and the Dialogue Commission, together with the parties involved, seek to reach agreements on all those aspects that the indigenous communities identify that may affect them from the administrative measure subject to consultation.

•  In this dialogue, the principles of good faith, interculturality and the absence of coercion and conditioning prevail.

Intercultural DialoguePhase

5

Documents

CONSULTATION PHASE TO ACCORDING ILO CONVENTION 169