207. In this regard, the Court considers that the State’s duty in relation to this guarantee must be complied with prior to the execution of activities that may have a relevant impact on the interests of the indigenous and tribal peoples, such as the exploration, and the exploitation or extraction stages. In this case, although the mining concession was granted in 1958, the bauxite extraction operations began in 1997 – that is, 40 years later – at which time, the company had determined the precise place where the extraction operations would be implemented in relation to the rest of the territory that had previously been explored. The guarantee of effective participation should have been put in practice before the start of the mining extraction or exploitation operations, which did not happen in this case. In particular, with regard to the Kaliña and Lokono peoples who were nearby and had a direct relationship with the area, and whose traditional territory was adversely affected (supra para. 92) 14. We concur with this specific point because, even though the Court did not have competence to analyze the moment before the intial concession was granted, it is extremely relevant for the particular characteristics of this case to stress that the obligation to consult comes into force prior to different moments. In this regard, a mining project is composed of different stages including exploration, feasibility, construction and exploitation, as well as that of project closure. Thus, the execution of each stage is an independent act, and although the stages are interrelated and are the result of the original act of the concession itself, owing to their characteristics, they should each be subject to prior consultation. In this case, the Court noted that bauxite extraction operations – one of the most important activities of the mining project – started in Wane Kreek in 1997. The Court also verified the environmental consequences of these activities in the area. 12 15. Thus, the State obligation in relation to development projects in indigenous or tribal territory arises from the moment at which the State accept the obligations contained in the provisions of the American Convention, regardless of the moment at which the concession is granted, because, as mentioned previously, it includes independent stages. Denying this and understanding prior consultation in a different way, confining it explicitly only to the initial stages of the concession of a project, would lead to the absurd situation of permitting new exploitations that have an immediate impact on indigenous territory and culture, affecting them for the rest of the time that the concession is valid. Evidently, since consultation is a constant process of dialogue, it should not be restricted merely to the initial stages of a project; rather, the obligation arises whenever there is a possible impact on the traditional indigenous or tribal life concerned. 16. Based on the above, as the Court concluded in paragraph 212 of the Judgment, since the State failed to ensure the effective participation of the Kaliña and Lokono peoples, by means of a consultation process, before undertaking or authorizing the exploitation of the bauxite mine within their traditional territory, the State violated Articles 21 and 23 of the Convention, in relation to Articles 1.1 and 2 of this instrument, to the detriment of the Kaliña and Lokono peoples and their members. 12 Cf. Paragraphs 216 to 222 of the Judgment. 5

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