El derecho a la consulta de los pueblos indígenas en Chile : avances y desafios
By: TOMASELLI, Alexandra.
Material type: ArticlePublisher: Stockholm : Institute of Latin Amercian Studies, Stockholm University, 2013Online resources: Acesso Iberoamericana: nordic journal of latin american and caribbean studies 43, 1-2, p. 113-144Abstract: In 2008, under the presidency of Michelle Bachelet, the InternationalAbstract: Labour Organization (ILO) Convention No.169 was finally ratified by Chile. ItsAbstract: entry into force the year after particularly fuelled the debate on the right to consultation recognized in article 6 of the Convention 169. This caused different consequences. At legal level, the adoption of a decree was contested by indigenous organizations to reduce the impact of the right to. At administrative level, some regional offices of Comisión Nacional de DesarrolloAbstract: Indígena (CONADI) realized some consultations. During the same period, some Court of Appeals started to apply the right to consultation in Amparo casesAbstract: brought before the courts by the indigenous communities. Thus, this articleAbstract: tackles how the right to consultation has been recognized and applied inAbstract: Chile in the last three years (2009-2012) at legal, administrative and jurisprudential level. The legislative framework, administrative acts and regulations, and the most relevant case law in the subject will be thus analyzed and assessedIn 2008, under the presidency of Michelle Bachelet, the International
Labour Organization (ILO) Convention No.169 was finally ratified by Chile. Its
entry into force the year after particularly fuelled the debate on the right to consultation recognized in article 6 of the Convention 169. This caused different consequences. At legal level, the adoption of a decree was contested by indigenous organizations to reduce the impact of the right to. At administrative level, some regional offices of Comisión Nacional de Desarrollo
Indígena (CONADI) realized some consultations. During the same period, some Court of Appeals started to apply the right to consultation in Amparo cases
brought before the courts by the indigenous communities. Thus, this article
tackles how the right to consultation has been recognized and applied in
Chile in the last three years (2009-2012) at legal, administrative and jurisprudential level. The legislative framework, administrative acts and regulations, and the most relevant case law in the subject will be thus analyzed and assessed
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