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Estudios constitucionales

On-line version ISSN 0718-5200

Abstract

ASTUDILLO BECERRA, LUIS FERNANDO. DOES CHILE MEET THE INTERNATIONAL STANDARDS IN CONSULTATION OF INDIGENOUS PEOPLES?: A BRIEF REVIEW OF THE D.S. N0 66 ÜF THE MINISTRY OF SOCIAL DEVELOPMENT AND No 40 OF THE MINISTRY OF THE ENVIRONMENT. Estudios constitucionales [online]. 2017, vol.15, n.1, pp.129-152. ISSN 0718-5200.  http://dx.doi.org/10.4067/S0718-52002017000100005.

Summary: Indigenous consultation, as conceived in international law, is a way in which people express the right to decide their ownpriorities in the development process, insofar as it affects their lives, Beliefs, institutions and spiritual well-being and to the lands they occupy or otherwise use, and to control, as far aspossible, their own economic, social and cultural development. In addition, a way in which such peoples participate in the formulation, implementation and evaluation of national and regional development plans and programs that may affect them directly. Also a way to counterbalance your developmental look with the look of the development of the State and the businessman. The present article seeks, on the one hand, to systematize the international standards on the consultation, to analyze the fulfillment that of them in the matter of human rights and ofrights ofthe indigenous peoples, does the State ofChile, confronting the administrative implementation ofthe right to the Consultation ofindigenous peoples, essentially through an analysis of D.S. N° 66 and Decree N° 40, which regulates law N° 19.300 on the basis ofthe environment, with international standards.

Keywords : Indigenous Consultation; human rights; international law.

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