(Chapter 17B)INDIGENOUS PEOPLES AND MINING IN CHILE: THE DUTYTO CONSULT AS A PATH TO 'NEGOTIATED COOPERATION'

摘要

One of the key issues for the mining industry is community relations and, more specifically, relations with indigenous communities. Where mining projects and operations are located close to indigenous settlements or generate significant impacts on their livelihoods and culture, they often raise concerns regarding such impacts. These concerns may sometimes transform into serious challenges that pose severe threats to both "social license" and project development costs and timelines.Much has been said of relations between indigenous communities and mining companies. As a result of the relevant international human rights covenants and standards, such as the International Labour Organization (ILO) Convention No. 169 (ILO 169 or the Convention)1 and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP),2 attention has been directed mainly to the duties and standards that governments must observe when carrying out such obligations. This is particularly true of countries in Latin America.