A/HRC/27/52/Add.3 Coronel Portillo and Atalaya in the Ucayali region, where the Amahuaca, Asheninka and Yaminagua indigenous communities live. 46. In accordance with the above-mentioned decision of the Ministry of Energy and Mines (paras. 15 and 39 above), the measure identified as specifically related to the consultation process in cases of hydrocarbon projects is the Supreme Decree approving the conclusion of contracts for the exploration and exploitation of oil and gas deposits.40 This measure includes the future “implementation of diverse hydrocarbon exploration activities, such as geological fieldwork, seismic research, and exploratory drilling; and hydrocarbon exploration activities, development drilling, battery installation and production facilities”, but without specifying these future activities.41 47. Within this legal framework, prior consultation related to Block 169 was conducted before the fundamentals of the future project had been determined, including the nomination of the project operator, the methods of exploration and extraction of gas and petroleum, and the extent of their impact. Nonetheless, the process carried out provides a significant example of the progress and shortcomings of the practical implementation of prior consultation related to extractive projects. 48. In mid-2013, Perupetro, jointly with the Office of the Deputy Minister of Intercultural Relations, initiated a process of identifying indigenous representatives to be consulted, by visiting the communities in the areas affected. It seems, based on its own evaluation, that Perupetro identified the possible effects of the planned extraction activities on members of these communities, reporting potential impacts on the land, culture, health and intercultural education. In October 2013, a series of meetings were held with local and regional organizations representing indigenous communities to formulate a “consultation plan”, in which the stages and time frames of the consultation were determined and the representatives who would participate in the dialogue were selected. The possible effects mentioned were highlighted in the consultation plan.42 49. The information stage lasted 30 days, during which Perupetro provided general information on the petroleum-related activities, the possible effects on collective rights and the risks that such activities entail; environmental protection and the standards and measures to mitigate or prevent related risks; any taxes, royalties and compensation that the companies might have to pay; employment opportunities and easement considerations. This information was conveyed by means of dialogues, workshops, written information and radio announcements, most of the content of which was translated into the relevant languages. From the information available, it would appear that Perupetro did not provide indigenous peoples with information concerning the potential economic benefits and profits generated by petroleum-related activities, beyond royalties and compensation, contrary to the Special Rapporteur’s previous recommendation (A/HRC/24/41, para. 64). The Office of the Deputy Minister of Intercultural Relations provided technical assistance regarding the current regulations on prior consultation and collective rights, and on training for translators and interpreters. 50. The dialogue stage was attended by representatives of most of the communities identified as affected by the consultation process, as well as representatives of Perupetro, the Office of the Deputy Minister of Intercultural Relations and the Ombudsman’s Office. Furthermore, Perupetro invited the regional indigenous organizations to attend all stages of the process, although they were not able to ensure consistent or active participation. It is worth noting that the indigenous community representatives who participated in the process 40 41 42 GE.14-07246 Ministerial Decision No. 350-2012-MEM/DM. Consultation Plan, p. 13. Ibid., Annex 6. 13

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