FROM THE GUARDIANSHIP TO THE RIGHTS OF SELF-DETERMINATION OF THE DEVELOPMENT, PARTICIPATION, CONSULTATION, AND CONSENT: FOUNDATIONS, BALANCE, AND CHALLENGES FOR IMPLEMENTATION

Abstract

The free determination of  development, participation, previous consultation, and free, previous and informed consent are part of a body of   indigenous peoples’ collective  rights  that presuppose the end of  the traditional relationship between those peoples and the states based on pupilage. This article analyses the foundation and contents, both substantive and procedural, of  these rights on the basis of  the 169 International Labour Organization Convention on Indigenous peoples, the United Nations Declaration on the rights of  indigenous peoples, and the Inter American court of human rights decisions. This article also analyses advances, challenges and proposals for the effectiveness of  these rights. Key words:  Free  determination  of   development,  participation, previous consultation, consent.