The Right of Indigenous Peoples to Share Economic Benefits

Abstract

The indigenous population in Peru has long been marginalized. Their rights have not been respected nor have their profits been attributed; not only those rights they deserve and possess for being Peruvian citizens, but also those they hold for being a particular human group. We call it a special group because unfortunately it is in a situation of disadvantage, since many times his voice is not properly heard by the authorities. Many Peruvian indigenous people are somehow neglected by the State.

The Peruvian Constitution recognizes the right to equality for all the people living in the Peruvian territory, so all Peruvians should be considered in the same manner, their rights respected and be provided a suitable environment for life, within the possibilities of the State.

In that sense, it is necessary that, given the considerable amount of Peruvians who are affected by the negligence of the State, their rights are not only to be recognized but also guaranteed. To that effect, the ILO Convention N° 169 allows many of these rights to be required. This same one, which has run into notoriety from the debate on the right to prior consultation, also recognizes other rights for indigenous population. Among these, the right to share profits from the exploitation of natural resources on their lands. This latter will be analyzed in this research.