ILO Convention 169 and Administrative Discretionary Powers [2.3078]

Abstract

The Administration has a discretionary power to decide on environmental impact statement and assessment procedures. This fosters the eventual defenselessness of the people with respect to administrative decisions.  In addition, it appears that the Administration only protocolarily complies with its duty to ensure the participation and due information of the communities neighboring the land where a project is planned.  In two rulings, the Third Environmental Court did not apply ILO Convention 169, although it did provide a clear and consistent basis for its ruling.