TOMASELLI, Alexandra

El derecho a la consulta de los pueblos indígenas en Chile : avances y desafios - Stockholm : Institute of Latin Amercian Studies, Stockholm University, 2013

In 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