Revista Opinión Jurídica
versão impressa ISSN 1692-2530
DURANGO ALVAREZ, Gerardo A.. Basic rights of indigenous populations. The case of 'Embera Katio' population and 'Urrá' dam: an analysis made from the Colombian Constitutional Court. Opin. jurid. [online]. 2008, vol.7, n.14, pp. 33-52. ISSN 1692-2530.
In Colombia it exists from the Constitution of 1991 legal guarantees and policies of recognition of the rights of the indigenous towns, obtained by means of the positivización in the legal ordering of its rights. Thus, the Constitutional confirmation on the multi-cultural and multi-ethnic character of the Colombian State, makes possible the recognition of subject the indigenous towns as of rights whose exercise implies the existence of diverse forms of justice administration. But it is indeed in this cultural recognition, where the interculturalidad and the liberal values emerge de facto tension between universal taxes by the dominant culture. However, to redimensionalizar these tensions and paradoxes helps to understand the complexity of the problematic one between universal and the contextualised rights of the indigenous towns. This way, the interculturalidad is based on the necessity to construct dialógicos spaces between groups, in reading of different form the universal thing, in perceiving different logics and knowledge, confronting and transforming the relations of the power - including the structures and institutions of the society that have naturalized the social asymmetries.
Palavras-chave : Indigenous towns; indigenous autonomy; Embera-Katío town; fundamental Constitution of 1991; interculturalidad; positivización; rights.