La consulta previa desde la perspectiva de la negociación deliberative

Abstract

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.