Abstract

The right of indigenous peoples to prior consultation is marked by a contradiction between two paradigms: a decolonial framework and a human rights framework. States and indigenous peoples from the Global North have invoked these paradigms, respectively during the negotiations that led to set the standard. In Chile we see a different dynamic. The Mapuche and Rapa Nui's history explain why these peoples see prior consultation as a right that recognizes their underlying indigenous sovereignty. However, contemporary international law does not grant indigenous peoples an external right to self-determination. When Chilean authorities continue to evade the implementation of prior consultation as participation, the State might be giving the Mapuche people no other option than to claim external self-determination.