Consultation Policies for Government Activities Affecting Indigenous Americans
The purpose of our preliminary study on Consultation Policies for Government Activities Affecting Indigenous Americans, is to evaluate current U.S. agency practice, and compare it to the benchmarks established in other countries.
One conclusion is that agency practice varies widely, with some government agencies developing more complex and rigorous systems of consultation, while other government bodies have done very little. Another important conclusion is that many of the U.S. policies that do exist are not legally binding, and there are few if any legal consequences where they are ignored.
While the United States has not ratified ILO Convention 169, the cornerstone treaty in this area, many of these same rights are set out in the United Nations Declaration on the Rights of Indigenous Peoples (2007), which the U.S. has supported and voted for. This indicates that U.S. policy is in some manner supportive of consultation rights, but that there is a lack of uniformity, consistency, and willingness to enter into binding or enforceable commitments.
Other Resources
Agenda 21 (1992), http://www.un.org/esa/dsd/agenda21/res_agenda21_00.shtml
ILO Convention 169, Indigenous and Tribal Peoples Convention, http://www.ilo.org/ilolex/cgi-lex/convde.pl?C169
U.N. Declaration on the Rights of Indigenous Peoples, http://www.un.org/esa/socdev/unpfii/en/drip.html
Draft Inter-American Commission Declaration on the Rirghts of Indigenous Peoples, http://www.dipublico.com.ar/english/treaties/draft-inter-american-commission-declaration-on-the-rights-of-indigenous-peoples/
Prior Informed Consent Denial Theodore Downing and Jerry Moles. World Bank Denies Indigenous People’s Right to Prior Informed Consent.
Mine Veto James F. Cress and Ma. Cecilia G. Dalupan: Sustainable Development and Mining Laws: Is a “Mine Veto” Needed? Natural Resources and Environment, ABA section of Environment, Energy, and Resources. Winter 2003.
Mining and Indigenous Peoples Theodore Downing, Carmen Garcia-Downing, Jerry Moles and Ian McIntosh. Mining and Indigenous Peoples: Stakeholder Strategies and Tactics. In Finding Common Ground – Indigenous Peoples and Their Association with the Mining Sector. London 2003.
Avoiding New Poverty Theodore E. Downing. Avoiding New Poverty: Mining-Induced Displacement and Resettlement, in MMSD April 2002.
Plan B What is Going to Happen to My People Theodore Downing and Carmen Garcia-Downing: Plan B –What is going to Happen to My People. Cultural Survival Quarterly, Fall 2001.
