The implementation of Prior Consultation processes in Peru opens the possibility of creating new spaces for dialogue that enable a better assessment of the viability of public and private investment projects. These are new processes that imply capacity building by government entities and require providing information to the civil society. The situation has raised concerns in different sectors, both public and private, that have led to connect Prior Consultation to the generation of social conflicts. In April 2012, the Prior Consultation Law (Law No. 29785)was adopted in Peru. This law states that Prior Consultation is the right of indigenous or original peoples to be consulted when an administrative or legislative action may affect their collective rights. By March 2015, 22 Prior Consultation processes had been under way. Eight of these have been finalized and 5 of them are connected to extractive industries. The presence of the State is generally limited in those areas where Prior Consultation processes have been carried out and where the execution of extractive projects is due to happen. This results in a lack of awareness about the consultation's role and about the operation of government entities. The basic rights of the populations who live there are usually only protected to a limited extent. In this context, the execution of Prior Consultation processes related to investment projects generates high expectations that companies will contribute to reduce the existing gap in rights protection. For this reason, when agreements are reached it becomes clear that the concerns of the consulted population are mainly focused on health and education related issues, just like they are in regular processes of Public Consultation, while concerns about collective rights are subordinate. Based on this reflection, we will provide recommendations for the improvement of the implementation of Prior Consultation processes related to mining in Peru
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