Publicación:

La consulta previa: evolución normativa y jurisprudencial en el ordenamiento jurídico de Colombia y Bolivia

Resumen

The protection of ethnic integrity, its components and its intervening actors, being the duty of the states, is constituted as the determining factor that forces them to develop regulatory mechanisms, collectively and inclusive. Prior Consultation is the tool called to guarantee the participation of ethnic communities, in the process of safeguarding their environments, therefore, at the specific level of legislative activity, it is of interest to analyze the regulatory development of this fundamental right, describing the system of norms of the Colombian and Bolivian state, its evolution, the achievements, results and significant impacts in the task of supporting their minorities. With that purpose, it was of great interest to address this issue and use it for the development of the degree work, which today is presented to the academic community of the Cooperative University of Colombia in order to share, from my experience, what The normative and jurisprudential evolution of prior consultation in our country and in Bolivia has been in recent years, given that, I consider it of great importance to know the background of the laws that govern us and, in particular, to know the normative development of a fundamental right with which it is aimed at the protection of our native peoples, in charge of preserving our customs over the years and of protecting mother nature from the excessive desire of modern man to produce at all costs and risks. Consequently, the general objective was to analyze the normative and jurisprudential evolution of the Prior Consultation in the legal systems of Colombia and Bolivia, and as specific objectives, to describe the normative and jurisprudential evolution of the prior consultation in the legal systems of Colombia. and Bolivia, examine the rights recognized to the ethnic communities of Colombia and Bolivia based on the Prior Consultation, and identify the jurisprudential precedents of Prior Consultation in Colombia and Bolivia.