Servindi, October 22, 2010 - "I urge your office to give priority to the regulation process regarding the right to consultation so that the provisions inherent to the energy and mining sector are consistent with the provisions set forth in Convention 169."
The Ombudsman, Beatriz Merino, addressed the Minister of Energy and Mines, Pedro Sánchez Gamarra, as indicated above in a letter forwarded on Monday, October 18.
"In my capacity as Ombudsman, we recommend your office to consider consultation through representative organizations of indigenous peoples before issuing the regulations in question, which will constitute an invaluable contribution for peace and a message of commitment of the ministry," as the letter continues.
Beatriz Merino based her request on Judgment 05427-2009-PC/TC rendered by the Constitutional Court, which orders the Ministry of Energy and Mines to issue the aforementioned regulations within the framework of its powers, in accordance with the principles and rules established in the Convention.
Three Judgments rendered by the Constitutional Court
In spite of the fact that it is an effective, enforceable and binding right, consultation is still a pending issue, which has led the Constitutional Court to refer to this right in at least three recent judgments: Docket 6316-2008-PA/TC, Docket 0022-2009-PI/TC and 05427.
Although there is no Consultation Act so far, given that it was observed by the President Alan García, this event does not justify failure to comply with prior consultation, which is recognized by Convention 169 of the International Labor Organization (ILO) that considers it a human right of the indigenous peoples.
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Traducción de Sylvia Fisher para Servindi.
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