| dc.description.abstractenglish | The objective of this research is to analyze the real opportunities that Afro-Colombian communities have in the face of prior consultation. This mechanism, which has its origin in ILO Convention 169 of 1989 and ratified in Colombian national legislation by Law 21 of 1991, is the tool to safeguard the rights, recognize and protect the cultural, spiritual, religious, and institutional values of the indigenous and tribal peoples, rights that may be affected by projects, works or activities executed by private entities that work to contribute to the development and economic growth of the country.
In order to determine what opportunities the black communities have, the regulations that cover the rights of the Afro-Colombian communities were analyzed through participation in the prior consultation, as well as the requirement that it be developed prior to an administrative decision and within the terms indicated by the law, also analyzed (2) cases, in which the case law fails in favor of the community, as the companies that intended to execute their projects, did not comply with the development of prior consultation as required by law. | spa |
