Download This PaperThe Flawed Consultation and Participation Process in Chile: Approaches to Solving Deep-Rooted Issues Between the Chilean State and the Mapuche Community
17 Pages Posted: 14 Apr 2020
Date Written: April 14, 2020
Abstract
The article discusses the failed indigenous consultation and participation process between the Chilean government and the Mapuche community regarding the reform of the Chilean Indigenous Act. At the outset of the article, the legal and historical background of the indigenous consultation process will be introduced, elucidating the difficulties that permeate the process. Subsequently, the article describes the reform and the failures of the indigenous consultation. The article argues that the failures can be explained through postcolonial theories of law and by a comparative analysis with other Latin-American countries, and introduces a national and an international approach for change.
Keywords: postcolonialism, indigenous rights, indigenous consultation, transnational law, Mapuche, ILO Convention No. 169, Chile, Chilean Indigenous Act 19.253
Suggested Citation: Suggested Citation
Anna Elisa Stauffer (Contact Author)
King's College London - The Dickson Poon School of Law ( email )
Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom