Abstract

SALINAS ALVARADO, Carlos Eduardo. Prior consultation as a mandatory requirement within administrative content can directly affect indigenous and tribal communities in Colombia. Rev. Derecho Estado [online]. 2011, n.27, pp.235-259. ISSN 0122-9893.

This article highlights the oscillations that the Colombia's Constitutional Court has had over the right of prior consultation, with regard to the scope and vicissitudes as for the way since the constitutional judge has interpreted the ILO Convention 169 ratified by Colombia in Act 21 of 1991 and how this right, given the legislative omission in the matter, the case law, notwithstanding his lurch, has helped to determinate the scope of the previous consultation, so that, taking into account the wide variety of administrative measures may be consulted, we focus on the grant of environmental licenses, within the framework of participatory democracy in Colombia, constituting a peaceful little issue of legal anthropology in Colombia and other countries in the region, since there is an apparent conflict between minority rights and environmental law with respect to industrial development the general partners.

Keywords : Previous consultation; Convention 169 ILO; ethnic people; environmental license.

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