Abstract

SANTAMARIA ORTIZ, Alejandro. The prior consultation from the deliberative negotiation perspective. Rev. Derecho Estado [online]. 2016, n.36, pp.227-247. ISSN 0122-9893.

Notwithstanding the prior consultation is one of the most emblematic protection tools of the indigenous peoples' rights; it presents a regulative and doctrinal construction which not sympathizes with the deliberative democracy ideal; firstly, because of the expression of individual interests and secondly for the possibility that one of the parties could exercise some kind of power over the other to influence the result. A direction of thought has reformulated the classic deliberative ideal to allow the possibility of finding in this concept a space for the expression of self-interest and the exercise of power, under certain circumstances. These changes in the concept of deliberation allow us to propose a new vision of the prior consultation, which transforms it in a space for cultural exchange overcoming the obstacles that are present in daily practice.

Keywords : Prior consultation; deliberative democracy; participation; deliberative negotiation; indigenous peoples; cultural identity.

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