Abstract

LLANO FRANCO, Jairo Vladimir. INTERNATIONAL AND CONSTITUTIONAL LAW ON PRIOR CONSULTATION IN ROAD PROJECTS IN COLOMBIA. Novum Jus [online]. 2021, vol.15, n.spe, pp.353-382.  Epub June 23, 2023. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2021.15.e.13.

This article discusses the origin of the fundamental right to prior consultation in international law and its subsequent linkage through the ratification of international human rights treaties that recognize cultural diversity at a global level and the constitutionality block through the jurisprudence of the Constitutional Court. This socio-legal support is intended to guarantee this fundamental right in specific situations, such as the implementation of intervention projects in ethnic communities, including the transformation and innovation of road infrastructure that has intensified in recent years. One case is the double roadway on the Pan-American Highway on the Popayán-Santander de Quilichao route in the department of Cauca, where ethnic diversity is predominant, which is analyzed to determine how the fundamental right of prior consultation is guaranteed in ambitious projects of road infrastructure in Colombia.

Keywords : prior consultation; fundamental rights; ethnic; indigenous communities; road projects.

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