La consulta previa ¿es un mecanismo de protección de derechos?

Abstract

The process of prior consultation with indigenous communities, particularly for the development of mega projects, has been for decades a highly contentious process. On the issue, the high courts (Constitutional Court) has ruled on several occasions, emphasizing the dual role played by prior consultation, that is, as protector of ethnic and cultural integrity of indigenous communities of the Colombian nation and , to guarantee the fundamental right to social and community participation in decisions that may affect indigenous peoples. Therefore, this mechanism of participation becomes a fundamental constitutional right and a collective public process and mandatory special to be made beforehand, provided that intends to take, decide or perform any legislative or administrative action and public or private project, likely to directly affect the livelihoods of indigenous communities in its territorial aspects, environmental, cultural, social, economic, health and other aspects that affect their ethnic integrity.