Resumo

FIGUERA VARGAS, Sorily  e  ARIZA LASCARRO, Andrea. The Right of Indigenous Peoples to Self-Determination in the Colombian Legal System. rev.estud.soc. [online]. 2015, n.53, pp.65-76. ISSN 0123-885X.  https://doi.org/10.7440/res53.2015.05.

International Human Rights Law has undergone a transformation and renovation in the past twenty years with respect to indigenous groups, awarding them a series of prerogatives such as a status of their own in International Public Law, under the category of peoples. In this way, the implications of having the condition of and being recognized as a people necessarily lead to establishing self-determination as a human right of these groups. However, despite this recognition, many indigenous peoples continue to be marginalized within Latin American states today. For example, some countries of the region continue to grant transnationals large concessions within the territories of their indigenous peoples, without going through the procedure of Prior Consultation as stipulated in international and as well as in national laws, thus ignoring the indigenous peoples' right to self-determination. In the face of this problem, it was considered important to analyze the extent to which said right is being protected within the Colombian state, and a qualitative research project with documentary analysis was undertaken for that purpose. In this context, the the fundamental conclusion reached in the study was the absence of any real regulation to effectively guarantee the self-determination of indigenous peoples in Colombia. In fact, the very existence of true legal pluralism in the terms described in Article 1 of the Political Constitution of 1991 comes into question.

Palavras-chave : Self-determination; free determination; indigenous peoples; Colombia.

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