Abstract

AMPARO RODRIGUEZ, Gloria. Projects and conflicts associated to a prior consultation. Opin. jurid. [online]. 2011, vol.10, n.spe, pp.57-72. ISSN 1692-2530.

This document is intended to analyze the relationship among development projects which are authorized through environmental licenses in our country, as well as the conflicts related to the basic right to prior consultation indigenous people and all other ethnical groups have; conflicts which have eventually resolved before courts. This article is focused on establishing minimum requirements a prior consultation should have to be implemented and assured with the right indigenous people have to territory, autonomy, participation, and own development. Besides, the article provides an overview about the prior free and informed consent as established by the Inter-American Court of Human Rights and the Constitutional Court through several sentences which finally stated that these topics are so complex that they should be treated from an approach based on the human rights.

Keywords : projects; conflicts; indigenous peoples; prior consultation; prior free and informed consent.

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