According to the provisions of articles 2° and 9° of Law Nº 29785, Law of the Right to Prior Consultation to Indigenous People or Native published on 7 September 2011, is obliged to carry out the consultation process each time that identifies that a proposed administrative or legislation measure which may affect collective rights, physical existence, cultural identity, quality of life or development of Indigenous or Native Peoples.
The article 8º of the Law Nº 29785, Law of the Right to Prior Consultation to Indigenous Peoples or Native establishes the following stages of the Consultation process:
- Identify if the measure to adopt is susceptible directly affect indigenous peoples. If it is affirmative, proceed to prepare the consultation Events.
- Identify Indigenous or Native Peoples to be consulted, for which the Ministry of Culture is requested information on representatives of indigenous peoples of the area in consultation with the Record of accredited representatives of Indigenous peoples. Likewise, the Ministry of Education is requested to information about the main languages in the area matter of the consultation.
- Advertisement of the proposed administrative measure.
- Information about the proposed administrative measure, sending to the representative of the indigenous peoples timely and accessible information in the native language on the measure to be submitted for consultation.
- Internal evaluation by Indigenous or Native Peoples of the implications of the measure under Consultation that may affect them.
- Intercultural Dialogue Process on the proposed measure subject to Consultation between representatives of Indigenous or Native Peoples and representatives of the State's instance, that the measure proposes.
- Decision. According to the guidelines established in the Constitutional Court judgments on file 0022-2009-PI/TC of June 9, 2010, if a first round of Intercultural Dialogue is not reached an agreement or consent of the measure, it is stated in the Minutes of the Consultation Process and the instance of State shall convene a second phase of the Consultation Process. If on the second phase of Intercultural Dialogue representatives of Indigenous Peoples do not accept the measure under Consultation, will correspond to the instance of State to decide whether or not to apply the measure under Consultation.
Note: To date there have not been carried out Consultation Events.