On 9 December, several Peruvian civil and indigenous organisations called on the justice ministry to publish in the official gazette a supreme court (CSJ) ruling from January on the right to prior consultation.
Analysis:
The ruling, which would toughen standards for consultation with communities regarding public work contracts, has not taken effect due to it not having been published in the official gazette. Indigenous groups are losing patience with the government over the issue.
- In January the CSJ ruled to strengthen communities’ right to prior consultation by establishing 14 standards, including that this must be carried out before projects are officially announced in order to give communities sufficient time to debate their response; and that communities should participate in all phases of the development of infrastructure projects, rather than receiving a one-off consultation.
- The CSJ also ruled that it is the state’s obligation not only to ensure consultation, but also to obtain free, informed and prior consent. Diego Saavedra Celestino, of the environmental NGO Derecho, Ambiente y Recursos Naturales (DAR), yesterday described this as “a great step forwards, as it will enable us to move on from the idea that consultation is merely an informative process, and reaffirm its character as an inter-cultural dialogue.”
- Jorge Pérez, president of the indigenous organisation Asociación Interétnica de Desarrollo de la Selva Peruana (Aidesep), yesterday called on top officials including Culture Minister Andrea Gisela Ortiz, a human rights activist, to “take the final step to right this nearly decade-old wrong against our people, and to incorporate our ancestral beliefs and our proposals in decisions of the state that could impact us.”
- DAR argues that the CSJ ruling could be applied retroactively to infrastructure projects carried out since the Law on Prior Consultation was passed in 2012 – potentially paving the way for legal action by communities who feel that their objections were overridden.
Looking Ahead: On 13 December, organisations including Aidesep and DAR will hold a meeting with the transport and communications ministry (MTC) to demand increased consultation on the Hidrovía Amazónica dredging project in Loreto region, which will provide some insight into the government’s response to the CSJ ruling.