Abstract

SIERRA-CAMARGO, Jimena. The importance of decolonizing International Human Rights Law: The prior consultation in Colombia case. Rev. Derecho Estado [online]. 2017, n.39, pp.137-186. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n39.07.

The prior consultation has been recognized as one of the most emancipatory tools in the International Human Rights Law framework which currently allows the indigenous people and the ethnic communities defend their territories. Nevertheless, in some cases the prior consultation has an ambivalent use by other agents that goes against the purposes of the Convention No. 169 from the ilo. Uses that doesn't protect the people's and communities' rights but affect and perish them. In this order of ideas, the main purpose of this article is to dispute that ambivalent use of the prior consultation from the decolonial thinking perspective, using as a starting point, the "coloniality" notion. In particular we argue that the problem of prior consultation restrictions and limitations that are explained in this paper, obey to a series of colonial bias that are implied in the consultation and are part of the liberal logic that characterize that figure.

Keywords : Prior consultation; ambivalence; decolonial critique; coloniality; the inclusion/ exclusion paradox.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )