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