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TC Faults can be used to develop queries until the law is enacted

Grandez Pedro, San Marcos professor

Grandez Pedro Castro, director of the Legal Clinic of the Faculty of Law, San Marcos said that the issue of the query involves establishing minimum standards and principles.

CompartirConsulta and development possibilities

Consultation and development opportunities

Home Ideeleradio .- The decisions of the Constitutional Tribunal (TC) which are referred to the right to consultation of indigenous peoples can serve as a tool to develop this mechanism in some specific cases to the enactment of the law, said Pedro Grandez Castro, director of the Legal Clinic of the Faculty of Law, National University Mayor de San Marcos (San Marcos).

"That is very important because since the media tend to look only the operative part of the TC and does not take into account that the courts are 'high courts' [...] and what matters are the arguments developed in the grounds of judgments, "he said in the program "No law" of Ideeleradio.

"In our case, the interpretation of CT on the Constitution and Convention 169, is relevant in the face of what might be called the minimum standards for the protection of communities and I think some parts can be built from the foundation that is in two or three important statements on the right to prior consultation, transparent and neutral information in the government's case, and respecting the language of [indigenous peoples] " added.

Professor indicated that the issue of consultation involves establishing minimum standards and principles barring no development potential. He argued that foreign investment is not the only one who has to issue a ruling, because this is an issue that involves the government and the representation of indigenous communities.

recalled that a recent international symposium discussed the issue of the constitutional right of indigenous people against mining investment, within an area of \u200b\u200bcollaboration between the Legal Clinic of San Marcos and Boston University, and learned about Canada's experiences and Guatemala.

'experiences were assessed as Guatemala, where mining investment has directly confronted with problems very close to ours, with communities living in the environment, natural resources and where mining investment appears overwhelming and almost with few controls, because of institutional weakness is incapable of putting these minimum capital rules, "he said.

"The subject of the request that he [Shin Imai, a professor at Boston University] discussed in his presentation, showed nuances in different contexts and it seems that the discussion is focused these days on what is the midpoint, if it is an informative consultation, where as, he said, there are models of consultation, a model where you go to an auditorium where you get hats or pens and retires and suddenly the company says it has already made reference. And other models, where there is more dialogue, hand in hand with what the TC said, the point of the consultation is informed consent, reflecting the expectations of those involved in this process, "he said.