Mandatory Consultation to Indigenous Peoples: Part of the Inter-American Public Order?

The conception of indigenous peoples’ consultation rights comprehends the free, prior, and informed consent related to any public or private initiative which affect them, as well as their effective participation on the respective decision-making process. Considering its legal applicability in Latin America, some important elements seem connected to the Inter-American Court of Human Rights’ precedents, e.g., Mayagna [Sumo] Awas Tingni v. Nicaragua (2001), Yakye Axa Community v. Paraguay (2005), Moiwana Village v. Suriname (2005), and Saramaka People v. Suriname (2007). Additionally, it is noteworthy that the Convention ILO No. 169 (1989) was mostly ratified by Latin American States (more than 60% of all current States Parties). These factors are able to provide relevant legal sources, in order to analyze the question whether or not indigenous consultation rights would generate mandatory legal obligations to Latin American States, as a result of the regional ordre public.