AN INITIATIVE OF CRAFT REVIVAL TRUST.  Since 1999
Consultation

Intellectual Property Rights

Consultation

Consultation

According to Black’s Law Dictionary, consultation is the act of asking the advice or opinion of someone.

One source indicates that consultation refers to the process whereby people exchange views and information.  It is not just a one-way process, but a process of sharing knowledge and opinions.  Consultation means working together, listening to what the other party has to say and acting upon it.  According to some, consultation and consent in indigenous communities are interrelated.  Through consultation, a third party user can come to understand what requires consent and the correct people to whom to give it, and the people giving consent can more fully understand what they are consenting to.

The International Labour Organization (ILO) Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries (1989) states that consultations should be undertaken “in good faith and in a form appropriate to the circumstances, with the objective of achieving the agreement or consent to the proposed measures” (Article 6(2).