Ley de Consulta Previa


Act Consultation

According to the provisions of Articles 2 and 9 of Law No. 29785 , Law on the Right to Prior Consultation with Indigenous Peoples or Native published on September 7 , 2011 , is obliged to make the consultation process more and identifying that a proposed legislative or administrative measures that may affect the collective rights , the physical, cultural identity , quality of life and development of Indigenous or Native Peoples.

Article 8 of Law No. 29785 , Law on the Right to Prior Consultation with Indigenous Peoples or Native establishes the following stages of the consultation process :

1. Identify whether the measure taken is likely to directly affect indigenous peoples. If yes, proceed to prepare the consultation events .

Two . Identify Indigenous or Native Peoples to be consulted, for which requests the Ministry of Culture information on the representatives of the indigenous peoples of the area in consultation with the Register of accredited representatives of Indigenous Peoples. It also requested the Ministry of Education about the predominant languages ​​in the subject area of inquiry .

Three . Related Web Sites of administrative action proposed .

April . Information on the proposed administrative action , referring to representatives of indigenous peoples timely and accessible information in native language on the action to be subject to consultation .

May . Internal evaluation by the Indigenous People to the implications of the measure before Check that may affect

6. Intercultural Dialogue process on the proposed action under consultation between representatives of Indigenous Peoples or Native and representatives of the instance of State proposing the measure.

7. Decision. According to the guidelines established in the judgments of the Constitutional Court 0022-2009-PI/TC record on June 9, 2010 , if a first round of Intercultural Dialogue failure to reach an agreement or consent of the measure, is entered Minutes of the Consultation Process and the instance state will convene a second phase of the consultation process . If in the second phase of the Intercultural Dialogue representatives of Indigenous Peoples not accept the measure under Consultation, correspond to the instance of the State to decide whether or not to implement the measure under Consultation.

Responsible for the delivery of information:
Pedro Arce Chirinos
Responsible for Transparency:
Lenin Asmat Alcalá