Examples of different approaches to local votes under national law
The largest number of local votes on resource development projects has taken place in Guatemala. Guatemalan law on local votes is discussed at length by that country's Supreme Court in its decision on the Sipacapa mine case. Opponents of the mine have taken the case to the Inter-American Commission on Human Rights. The Guatemalan Supreme Court's decision on the case, as well as the petition to the Commission, are available from EDLC.
In Argentina, most of the local votes have focused not on individual projects, but on mining practices. Argentina's highest court has ruled that provinces can adopt stricter standards on mining practices than those created by national law.
Costa Rica and Colombia have some of the strongest laws favoring the use of local votes. For example, Colombia's Law 134 on citizen participation provides that governors and mayors can decide to hold votes regarding issues of local concern, and describes the requirements for citizens and organizations requesting such votes.
In Peru, national law provides for local votes, but in a recent local vote concerning the Rio Blanco mine project, different institutions of the national government took opposing views on the legality of the vote.
Resources and links
The Institute for Democracy and Electoral Assistance (IDEA) is an international organization with offices around the world. Its website contains extensive materials on "direct democracy" votes, including an excellent general guide to local votes.
The Ace Electoral Knowledge Network, a project of IDEA, provides country-by-country information on "direct democracy" national laws that govern local votes.
The C2D- Centre for Research on Direct Democracy is a research center on "direct democracy" and has a similar database.
The Constitution Finder provides the text (often in several languages) of national Constitutions.
Mechanisms of direct democracy, incorporated mostly in the 1990s, are political tools that may promote citizen participation and involvement in public life…
- Alicia Lissidini, “Direct Democracy in Latin America: between delegation and participation” (2007)