First published on 12/31/2009, and last updated on 06/22/2017
This report of the Inter-American Commission on Human Rights (IACHR) compiles and discusses the scope of indigenous and tribal peoples’ rights over their territories, lands and natural resources. It analyses the obligation of the State to consult with indigenous peoples and guarantee their participation in decision-making with regards to any measure that affects their territories. It also stipulates the State must consult indigenous peoples on any matters that might affect them and must obtain free, prior informed consent before any decisions are passed. The whole process is designed to be carried out in accordance with customs and traditions of the indigenous peoples involved, through culturally adequate procedures whilst taking into account traditional decision-making methods.
This report (in Spanish) is based on the legal instruments of the Inter-American system, as interpreted by the Commission and the Inter-American Court in the light of developments within international human rights law. It also aims to point out specific problems, guidelines, and best practices to enhance the utilisation of human rights by indigenous and tribal peoples across the hemisphere.
