Publicación:

Proyecto Hidroeléctrica El Quimbo: un análisis frente al derecho a la propiedad en el Sistema Interamericano de Derechos Humanos

Resumen

This article intends to analyze the relevance and feasibility of the project El Quimbo Hydroelectric Power Station as to the possible effects on international and national regulations concerning human rights, especially those of peasant communi- ties in the area of influence of the aforementioned project. Description: a document or content analysis of a series of judicial rulings by the Constitutional Court and the Inter-American Court of Human Rights and official documents on the subject of electricity and healthy environment is performed. Point of view: it was possible to obtain a comprehensive view of the right to property based on its legal framework, providing a broad perspective of the paradigm of collective well-being and the con- cept of development. Conclusions: certain shortcomings are evident in the process of implementing the project El Quimbo Hydroelectric Power Station from a devel- opment model perspective. Particularly in the operation and implementation of the referendum as an instrument to approve the limitation of the peasant communities’ right to property and similar conditions compared with indigenous communities and their use of and relationship with the land, a jurisprudential gap regarding the right to property of these peasant communities is evident, as well as the special pro- tection granted to indigenous communities by these regulations.