November 20, 2024

Human Rights in Contemporary Societies

Michela Giovannini

The installation of megaprojects of development in indigenous territories-such as dams, mines, aqueducts, and wind farms-has led to significant impacts on indigenous peoples' ways of life and violations of their human rights. In response, numerous international treaties, such as the ILO Convention 169 and the United Nations Declaration on the Rights of Indigenous Peoples, have recognized the right to prior consultation as a fundamental human right, regulating the requirement for prior consent from the affected indigenous communities. However, the implementation of this right remains deeply inadequate. In many cases, prior consultation is reduced to a bureaucratic formality conducted only after megaprojects have been approved or even initiated, thus limiting its real effectiveness.

Often, consultation processes do not adhere to principles of good faith and genuine participation, as indigenous communities face rushed timelines, incomplete information, and lack of real options to influence decisions. Moreover, consultation mechanisms often lack transparency and guarantees that ensure community feedback and objections are effectively considered. This gap between the legal framework and its practical implementation not only undermines the right of indigenous peoples to make informed decisions about their future but also perpetuates the marginalization of these communities in the face of development pressures.

In this context, this doctoral project aims to analyze the scope and limitations of the right to prior consultation for indigenous peoples through an in-depth investigation of three paradigmatic cases in Mexico. The cases examined include the installation of an aqueduct in Sonora, wind farms in Juchitán de Zaragoza, Oaxaca, and the Interoceanic Corridor in the Isthmus of Tehuantepec, Oaxaca. Through these case studies, the project seeks to evaluate the effectiveness of current prior consultation processes, exploring the extent to which they respect the rights and voices of indigenous communities. Additionally, the study will reveal significant discrepancies between the theoretical framework and the practical implementation of the right to prior consultation, identifying key obstacles and challenges faced in effectively implementing this right, highlighting deficiencies in genuine participation and respect for the rights of affected communities.

Furthermore, the study will be situated within a broader critique of capitalist development practices, proposing alternative development models that not only question traditional methodologies but also prioritize the well-being of indigenous communities and environmental sustainability. By advocating for development models that foster respectful and equitable collaboration, the analysis highlights those solutions that respect and value the cultural and environmental world-views of indigenous communities, thus contributing to a harmonious coexistence between development and sustainability.

Ultimately, this research aspires to shed light on the need for a more genuine and respectful engagement with indigenous peoples, advocating for development models that do not merely impose extractive projects but work collaboratively toward solutions that respect and integrate the values, needs, and knowledge of indigenous populations. This approach not only supports the preservation of cultures and ways of life but also promotes sustainable and equitable development practices that benefit both communities and the environment.

Key words: Prior consultation; indigenous peoples; human rights; megaprojects of development