Bridging the Gap between Compliance and Translation

Abstract The article discusses the impact of state false compliance on the translation of international norms. Using the implementation of the free, prior, and informed consent ( fpic ) norm in Paraguay as an example, it aims to demonstrate how false compliance hinders the meaningful translation of norms into practical mechanisms, policies, and laws, ultimately silencing indigenous voices. The paper focuses on Paraguay as a case study of a “false-ratifier,” a state that appears to comply with international treaties but does not genuinely adhere to their objectives. While Paraguay ratified relevant conventions and adopted protocols related to fpic , its actual commitment to this norm remains limited. The state’s interpretation and implementation of fpic are influenced by a production-oriented perspective, leading to consultations that lack genuine consent. In Paraguay’s case, the state’s fpic implementation remains superficial, negatively impacting the ability of indigenous peoples to participate effectively. The main argument presented is that compliance extends beyond ratification; it involves the translation of international obligations into national laws and policies. False compliance can result in insufficient translation, enabling states to evade their responsibilities while maintaining the appearance of compliance. This approach can impede non-state actors from holding the state accountable, as demonstrated in the Paraguayan case.