Abstract

GARCES VILLAMIL, Miguel Ángel  and  RAPALINO BAUTISTA, William Gabriel. The referendum as a mechanism for citizen participation to prevent mining. Justicia Juris [online]. 2015, vol.11, n.1, pp.52-62. ISSN 1692-8571.

The important development of mining in Colombia during the last periods has caused an increase of activities of exploration and exploitation of natural resources. The discoveries of important deposits, since The Colosa deposit in the department of the Tolima, have brought as consequence an impact on the environment of the communities. The appearance of popular consultations that look for the opinion of the citizens with the purpose of preventing the accomplishment of the above mentioned activities has provoked a discussion on the autonomy of the territorial entities with regard to these topics. In this article, it is stated how the condition of the mining activity in the country is, furthermore, there is a checked of the legal frame of the popular consultations, the developed ones in mining topics and the legal response of the National Government that seeks to preserve the autonomy of the managing of the mining classification. The legal decisions adopted to the date are mentioned, and so the conclusions in which there is a real and actual Social State of Law.

Keywords : Democracy; Mining industry; Popular Consultation; Territorial autonomy.

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