Featured Commitment: Prior consultation under Convention 169 of the International Labor Organization

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Country: Brazil

Action PlanAction plans are at the core of a government’s participation in OGP. They are the product of a co-creation process in which government and civil society jointly develop commitments to open governmen...: 2013-15

CommitmentOGP commitments are promises for reform co-created by governments and civil society and submitted as part of an action plan. Commitments typically include a description of the problem, concrete action... 5.3: Prior consultation under Convention 169 of the International LaborTransparent workforce data and increased representation of workers in labor policy-making lead to policies that better protect workers’ rights and remove barriers for underrepresented groups in the ... Organization

Brazil’s indigenous peoples have long fought with the government over use of their historical territory, for the protection of natural resources from extractive industries and the environmental impacts of dam concessions to their sacred river. In 2004, the Brazilian government ratified Convention 169 of the International Labor Organization, the first binding international instrument that specifically addresses the rights of indigenous and tribal peoples to prior and informed consultation on matters that affect them, including land concessions and extraction of natural resources.

As part of its participation in OGP, the government included a commitment in its second action plan to uphold and embed consultation according to Convention 169. At its mid-term assessment, the IRM report noted this commitment with limited completionImplementers must follow through on their commitments for them to achieve impact. For each commitment, OGP’s Independent Reporting Mechanism (IRM) evaluates the degree to which the activities outlin... More but with the potential to become a major step in the policy area. An interagency working group held nine regional meetings to develop a proposal for changes to prior consultation mechanisms for indigenous and Afro-descendent communities (Quilombolas) required by Convention 169. However, dialogue with the indigenous communities proved difficult, primarily because some indigenous groups came out against the regulationGovernment reformers are developing regulations that enshrine values of transparency, participation, and accountability in government practices. Technical specifications: Act of creating or reforming .... Some alleged that the process was a “smokescreen to cover up the real intention of undercutting the legitimate means of consultation,” and others argued that it was not necessary, because the principles to hold consultations already exist.

Dilma Rousseff’s impeachment and the political and economic crisis leading up to it present challenges for Brazil moving forward. The uncertainty is also concerning for environmentalists and human rights defenders. Earlier this year, the Brazilian senate debated a law that would undermine the country’s environmental safeguards and directly affect indigenous communities. Activists are uncertain of how the new administration will pursue this debate, and how it will affect  the requirement to hold prior and informed consultations. Looking ahead, the end of term IRM report will show whether further progress has been made on this commitment. If the new legislationCreating and passing legislation is one of the most effective ways of ensuring open government reforms have long-lasting effects on government practices. Technical specifications: Act of creating or r... is passed, it will be interesting to see whether – and how – the Brazilian government incorporates Convention 169 to guarantee participation and the voice of Brazil’s indigenous peoples in decision making.