The National Indigenous Consultation in Chile: Seven Standards to Assess Institutional Practices from the Perspective of Public Officials (2009-2017)

Urzúa J.M.; Cruzatt Y.T. · Revista Derecho del Estado (2026) · DOI: 10.18601/01229893.n66.07

Resumen

The objective of this article was to evaluate the institutional practices of officials responsible for conducting the national indigenous consultation in Chile (2009-2017) based on seven standards provided by ILO Convention 169. The prior, free, and informed consultation, ratified by the Chilean State in 2008, is the most advanced internationally binding instrument on indigenous peoples' rights within international jus cogens. The methodology used included note-taking, jurisprudential and documentary analysis, as well as surveys administered to personnel from the ministry responsible for all national-level prior consultation processes. Officials tasked with formulating the questions that addressed the procedures used to establish dialogue between the State and indigenous peoples were selected for this purpose. Regarding the research results, these are presented according to the standards developed in the study. A key finding highlighted is that the work clarified our understanding of the initial willingness of authorities concerning the actual impact expected – related to changes and adaptations of the consulted measures – before they came into effect. This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. https://creativecommons.org/licenses/by-nc-sa/4.0/

Instituciones: Universidad Nacional Mayor de San Marcos