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New Americas Quarterly Released: The Perils and Promise of Consulta Previa

When

May 8, 2014

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New Americas Quarterly Released: The Perils and Promise of Consulta Previa

How do you implement consulta previa to ensure the rights of Indigenous communities and investors? The Spring 2014 issue of Americas Quarterly, released on May 8, will examine the different ways that countries in the hemisphere have adopted International Labour Organization Convention 169 (ILO 169), which guarantees Indigenous and ethnic communities the right to prior consultation, and explore how these efforts have affected communities, national and local governments, and companies. As AQ finds in our four-country investigation, the results are decidedly mixed—but with increasing conflict over natural resource extraction and infrastructure projects, creating a space for dialogue remains as urgent as ever.

In this issue, AQ’s research team goes into the field with local researchers in Chile, Colombia, Guatemala and Peru to learn more about how each country has attempted to put consulta previa in practice. Daniel M. Schydlowsky and Robert C. Thompson give us a preview of Peru’s groundbreaking new banking regulations, which will play a role in ensuring that their investments address potential social conflicts. AQ shares two different on-the-ground views of Guatemala’s progress on consulta previa; Carlos Baquero provides an overview of consulta previa legislation in South America; and two AQ Charticles look at resource-related conflict over the last decade in Chile and Peru, as well as the different requirements and steps in Chile, Colombia, Guatemala and Peru to complete consulta previa.

The Spring 2014 issue of AQ also looks at other pressing topics in the hemisphere, including return migration in Guatemala, Colombia’s presidential elections, and Latin America-U.S. relations. José W. Fernandez discusses how the U.S. can deepen its diplomatic ties through economics, and Antonio de Aguiar Patriota, Brazil’s ambassador to the UN, argues that the decline of U.S. power will only bring with it greater respect for multilateral institutions and international law if countries are willing to lead. Plus, as we approach the 2014 World Cup in Brazil this June, don’t miss AQ’s latest Hard Talk forum, where Robert A. Boland and Victor A. Matheson debate whether mega sporting events contribute to economic development.

Read the table of contents and check out the AQ app. Subscribe now to take advantage of our special limited-time discount

In This Issue:

FEATURE SECTION: Consulta Previa

Case Studies
SEBASTIAN AGUDELO, JERÓNIMO CARCELÉN, SILVEL ELÍAS, DIANA OCAMPO, ÁLVARO PAREDES, CYNTHIA SANBORN, GEISSELLE SÁNCHEZ
Peru, Chile, Guatemala, and Colombia demonstrate the differing approaches taken to consulta previa. The AQ team traveled to each country to find out more.

CHARTICLE: Social Conflict & ILO 169
REBECCA BINTRIM
Across the Andes, resource-related conflict has increased over the past 10 years.

It’s Our Business, Too
DANIEL M. SCHYDLOWSKY AND ROBERT C. THOMPSON
In Peru, banks are key players in mitigating—even preventing—flareups over resource extraction that could threaten the banking sector.

Contradiction in International Law
ANGELA BUNCH
International law and practice offer contradictory answers for what happens when communities say “no.”

Two Views of Consulta Previa in Guatemala
Representatives of Indigenous peoples and the private sector discuss their conflicting views and experiences with consulta previa. Deadlock?
CEMENTOS PROGRESO gives a view from the private sector. MASH-MASH and JOSÉ GUADALUPE GOMEZ give a view from Indigenous peoples.

CHARTICLE: Oh! The Places You’ll Go
Want to complete a consulta previa?
Follow the arrows.

A Corporate Compliance Toolkit
PALOMA MUÑOZ QUICK
Companies have a number of tools available to help them comply with UN and other international human rights standards.

Contested Lands, Contested Laws
CARLOS ANDRÉS BAQUERO DÍAZ
The process of translating international conventions on consulta previa into laws has not been smooth.

Getting to the Table
DIANA ARBELÁEZ-RUIZ AND DANIEL M. FRANKS
No mining project in Latin America can succeed today without full community consultation.
Here’s how it can work well.

The Rise of Popular Consultations
DIANA RODRÍGUEZ-FRANCO
Are community popular consultations binding?

ASK THE EXPERTS
What have been the benefits of countries adopting consulta previa? Sonia Meza-Cuadra, Katya Salazar, César Rodríguez Garavito, and Roberto Junguito Pombo respond.

AQ UPFRONT

Speaking a Common Language with Latin America
JOSE W. FERNANDEZ
Improving relations with the U.S. means deepening already strong economic ties.

International Cooperation or Gridlock?
ANTONIO DE AGUILAR PATRIOTA
The end of the unipolar world has created greater opportunities for collaboration—but only if established powers recognize the new mechanisms of global governance.

Elections in Colombia
FRANCISCO MIRANDA HAMBURGER
When peace is the stump speech.

DEPARTMENTS

Dispatches from the Field: Guatemalans returning from the U.S. face unemployment, a maze of red tape—and social stigma.

Panorama: Who to watch in the World Cup, Barbados’ Crop Over festival, 10 Things To Do in Manaus, Baltimore’s pop-up farmers market, and more.

Hard Talk: Do megasports events contribute to economic development? Robert A. Boland and Victor A. Matheson debate.

Innovators: Francisca Valenzuela finds multimedia stardom in Chile. Drew Chafetz builds soccer pitches for kids around the Americas. Marco Perlman digitizes ecofriendly wedding albums for Brazilians. Mardoqueo Cancax links Indigenous Guatemalans to the Web.

Policy Updates: Robert Muse on visiting Cuba. Natalie Schachar on Argentina’s currency devaluation.

Policy Advocacy: Charles Kamasaki on how NGO-provided services will be crucial to integrating new immigrants. It’s not too early to plan how to pay for them.

Fresh Look Reviews: Ted Piccone on Cuba behind the scenes. Jim Swigert on narco money in elections campaigns. Ariel Fiszbein reviews an analysis of community-managed schools in Honduras and Guatemala.

Just the Numbers: Amusement park attendance around the region.

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AQ’s app brings cutting-edge coverage of the Americas to our readers on the go, via your iPhone, iPad, iPod Touch, Kindle Fire or Android. Download the app for free from iTunes, Amazon and Google Play to receive a complimentary RSS feed of all new AQ Online content—or subscribe online for unrestricted access to the magazine and exclusive video, slideshows and interactive features.

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