From consultation to consent
Colombia, which has enshrined the right to consultation as a fundamental right in its constitution, is perceived as a model for the implementation of ILO Convention 169. Thanks to Indigenous activism and key judicial victories, consultation is a well-established institution in Columbia. While it creates a unique participatory space for Indigenous peoples, the “Columbian model” of consultation remains highly contested. For many, it serves less the interest of Indigenous peoples in protecting their rights than as a procedural tool for legitimizing government decisions that will impact those rights. The strong institutionalization of this model also paradoxically serves to curtail Indigenous claims for a greater recognition of the principle of free, prior and informed consent. Resistance to the passage from a consultation to a consent regime therefore remains strong in Columbia.