The road less travelled: the duty to consult and the special rule of article 15.2 of ILO Convention 169 in the case of geothermal energy concessions in Chile

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Autor:
Carmona Caldera, Cristóbal
URI:
http://repositoriodigital.uct.cl/handle/10925/2691
Datos de publicación:
JOURNAL OF ENERGY & NATURAL RESOURCES LAW,Vol.35,485-501,2017
Temas:
indigenous peoples - natural resources - duty to consult - geothermal energy - substantive and procedural rights
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Resumen:
In Chile, the indigenous consultation processes being carried out by the Ministry of Energy in the area of geothermal energy refers only to concessions for the exploitation of this energy, excluding those that authorise the activities of exploration. To enforce the former and discard the latter, both the government and the courts focus only on the general rule of consultation given by art 6 of International Labour Organization Convention 169, ignoring the special rule contained in art 15.2. In this context, the present study addresses the situation of concessions for exploration of geothermal energy through an analysis of the special rule, pointing out the differences between this norm and the general rule, and the relevance of the distinction between the two of them, not only to the enforcement of consultation processes, but for the substantive rights of indigenous peoples.

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