Participation and Decision-Making in Non-Dominant Communities. A Perspective from Civic Republicanism

Abstract

The article investigates the civic republicanism non-domination approach to freedom, which encompasses power asymmetries. This freedom approach differs from the neo-liberal freedom approach which is essentially about non-interference. Recent jurisprudence from the Inter-American Court of Human Rights and the African Commission on Human and Peoples Rights is analyzed. It is found that the non-domination approach is a relevant approach in order to bridge the many gaps (participation/representation, accountability and protection) vulnerable communities depending upon harvesting of natural resources are struggling with. It is found that while the free, prior and informed consent requirement is not formally recognized in any states' legislation, the specification of the less demanding free, prior and informed consultation is by the IACHR interpreted in a manner which is essentially corresponding to the FPIC requirement.