Indigenous and Tribal Peoples of South America

This work aims to research the judicial regime of the Constitutional Courts of South America, particularly the case law that is applicable to indigenous and tribal peoples concerning the procedure of Free, Prior and Informed Consultation stipulated in Convention 169 of the International Labour Organization – ILO. As will be demonstrated throughout this work, the construction of said case law is founded upon the following fundamental elements:

i. the historical construction of indigenist legislation in the colonial period,

ii. the cultural peculiarities of indigenous peoples,

iii. the role of territory in indigenous societies,

iv. the interpretation of Convention 169 by the Inter-American Court of Human Rights, and

v. the new South American Constitutions.