Abstract

FIGUEROA, Isabela; PALACIO PARDO, Pedro José  and  AMADO CARRENO, Ariel Fernando. The Ethnically Differentiated Approach and the Duty of the Prior Consultation in the Peace Agreement. Opin. jurid. [online]. 2020, vol.19, n.38, pp.227-244. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v19n38a11.

This article reflects around the ethnically differentiated approach contained within the peace agreement between the Colombian State and the former guerrilla group FARC. We aim to identify the judicial effects of this notion and in which way its introduction in the peace agreement has brought greater protection for the indigenous people and other ethnic minorities. Given that the agreement recognizes that the judicial tool for the development of peace in the lands and territories of the ethnic minorities is the prior consultation, we also perform a preliminary analysis of the effects of this law proposal. We are currently discussing in the Legislative Power what this consultation might bring for the implementation of the agreement.

Keywords : differentiated approach; peace agreements; prior consultation; ethnic minorities.

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