Unfulfilled promises of the consultation approach: the limits to effective indigenous participation in Bolivia’s and Peru’s extractive industries

Indigenous peoples’ right to prior consultation and to informed consent represents the basis of the new global model shaping state–indigenous relations. Consultation processes promise to enable indigenous people to determine their own development and are especially promoted when extraction projects with significant socio-environmental impacts are planned on indigenous lands. In this article we draw on debates on participatory development in order to analyse the first state-led consultations in Bolivia’s and Peru’s hydrocarbon sectors (2007–14). The analysis shows that effective participation has been limited by (1) an absence of indigenous ownership of the processes; (2) indigenous groups’ difficulties defending or even articulating their own visions and demands; and (3) limited or very general outcomes. The study identifies real-life challenges, such as power asymmetries, a ‘communication hurdle’ and appropriate timing – as well as simplistic assumptions underlying the consultation approach – that account for the unfulfilled promises of this new model.     

TRANSPARENCY IN PUBLIC–PRIVATE PARTNERSHIPS: NOT SO BAD AFTER ALL?

Scholars' criticism of transparency in public–private partnerships (PPPs) often focuses on ‘external’ transparency, that is, the extent to which internal information is visible to the outside world. However, to achieve external transparency, internal transparency – the availability and inferability of information for the public procurer and the private party – is crucial. In this article we analyse input, process, and output transparency from three different perspectives (institutional, cognitive, and strategic) in four PPPs in the Netherlands. We conclude that input transparency is high, but process and output transparency less so. Moreover, output transparency has gained importance in PPPs. Whether this is problematic depends on the PPPs' institutional environment. In some partnerships the desired output is uncontested and predetermined by clear standards in the institutional environment, whereas other PPPs deal with contested output norms, decreasing the partnerships' transparency. These results nuance the current debate on the lack of transparency in PPPs.     

ONLY GOOD FENCES KEEP GOOD NEIGHBOURS! THE INSTITUTIONALIZATION OF MINISTRY–AGENCY RELATIONSHIPS AT THE SCIENCE–POLICY NEXUS IN GERMAN FOOD SAFETY POLICY

This article makes a further contribution to opening the ‘black box’ of micropractices in ministry–agency relationships. We argue that the mechanisms that come into play in the course of institutionalizing agencification reforms – such as renegotiating mutual roles and rules in ministry–agency interactions – are only poorly covered in the existing literature. To adequately address the negotiated and contingent nature of de facto agency autonomy and political control, we develop an interpretive approach based on the concept of ‘boundary work’. The empirical focus is on ministry–agency interactions at the science–policy nexus in the contested policy field of food safety. By studying actors' stories about the institutionalization processes following the fundamental reorganization of the German food safety administration in the wake of the BSE crisis from a longitudinal perspective, we show how actors manage boundary conflicts via increasingly differentiated backstage coordination.     

Selecting Constitutional Judges Randomly

This article discusses from the perspective of democratic theory an innovative proposal for the selection of constitutional, supreme court, or federal judges that aims at combining the values of expertise and political independence. It consists in combining a certification process – selecting a pool of properly qualified candidates – with a random selection among this pool. We argue that such selection procedure would better respect the separation of powers and the specific legitimacy of courts, and we champion this two‐stage mechanism vis‐à‐vis other, more traditionally employed, selection procedures. We then deal with a diversity of objections to our proposal and conclude by taking stock of both its virtues and limitations.     

Covid-19 Pandemic,Social Mitigation and Taxation: The Open Veins of Inequality in Latin America

The pandemic of Covid-19 has exposed the veins of inequality in Latin America. With a socioeconomic disaster looming, social emergency policies seemed inevitable. Yet while governments argue over the continuity of such policies and whether the fiscal rules in place should be respected, no sustainable response has come out. This essay problematises whether the pandemic could represent a critical juncture to forge ahead with political narratives that highlight tax exemptions and privileges enjoyed by the rich. We analyse the mitigation measures adopted by Argentina, Brazil, Chile and Uruguay and their repercussions on the debate surrounding progressive tax reforms to fund social schemes.     

Examination of Hacking and Blunt Force Skeletal Trauma

Hacking trauma is prevalent in forensic cases involving genocide and dismemberment, but research into the identification of this type of trauma is lacking. The present study examines characteristics of hacking and blunt force skeletal trauma in order to determine if there is a point at which blunt force trauma becomes distinguishable from hacking trauma. Ten implements with a range of blade angles (i.e., the striking surface of the implement) were used in conjunction with a controlled-force hacking device to impact 100 limb bones of white-tailed deer (Odocoileus virginianus). Observations of the trauma included the occurrence and degree of fragmentation, the entrance widths of the impacts, and composite scores of six hacking characteristics, especially the distinctive V-shaped kerf. ANOVA tests and regression analyses were used to assess the relationships between these characteristics and the blade angles. A significant relationship (p-value = 0.011) was found between the composite hacking scores and the blade angles, indicating that blunt force and hacking trauma can be distinguished. The entrance widths of the impacts exhibited a significant relationship with the blade angles (p-value = 0.037). There was also a significant relationship between the visibility of a V-shaped kerf in the bones (p-value = 0.003), with visibility decreasing around the 60° blade angle. These data should assist in establishing guidelines to differentiate hacking and blunt force skeletal trauma in cases where the implement is on a spectrum between sharp and blunt.     

Improved Area of Origin Estimation for Bloodstain Pattern Analysis Using 3D Scanning

An important component of crime scene reconstruction is bloodstain pattern analysis (BPA). Where BPA concerns impact patterns, estimating the area of origin is critical information for scene reconstruction. Traditionally, this is achieved by measuring individual bloodstains and performing trigonometric calculations; however, 3D scanning has been proposed as a viable alternative for overcoming logistical and practical concerns with the manual method. Therefore, this project aimed to establish whether the FARO Focus 3D scanner and FARO Zone 3D software can improve the accuracy of area of origin estimates relative to the manual method. We created a series of eight bloodstain impact patterns and performed paired analysis using the two methods to estimate areas of origin for each pattern. Our data suggested that FARO-derived estimates were generally more accurate than using the manual method. FARO-estimated heights of origin areas were generally closer to the true distance. Both methods underestimated the distance from the wall for most patterns originating 150mm or greater from the wall, but overestimated distances for patterns originating closer to the wall. The degree to which distances were underestimated increased significantly the further the blood source was from the wall and was greater for FARO-derived estimates. The results of this research contribute to the validation of these instruments for operational implementation for BPA and should be considered alongside the practical benefits of 3D scanning relative to manual methods. Further, 3D scanning can provide reliable BPA reconstruction documentation for technical review and court presentation.     

Parenting Coordination and Confidentiality: A (Not‐so) Delicate Balance

This article describes the current state and range of information protection in the growing number of states and Canadian provinces that employ parenting coordination in an effort to reduce repeat custody litigation. The predominant approach—in which what is revealed during the process is not confidential—is analyzed in terms of its compatibility with the parenting coordinator's multiple tasks of educating parents, seeking to facilitate agreements, and, if necessary, providing the court with a report, a recommended decision, or an arbitrated result. Using a case scenario with multiple parts, the article then examines such confidentiality schemes in practice by providing an action‐oriented series of questions that illustrate how much of this topic must be resolved through a parenting coordinator's exercise of discretion in the absence of rule clarity. The article then raises a number of policy questions about whether current parenting coordination confidentiality norms strike the optimal or even the correct balance on information protection and concludes by identifying several policy options that might address these questions.