Cartilla n.º 4: Derecho a la consulta

The International Labour Organization (ILO) Convention 169, adopted in 1989, recognizes the right of indigenous peoples to be consulted and involved in decisions that affect their lands, territories, and resources. This right is enshrined in Article 6 of the Convention, which states that governments shall consult with indigenous peoples before adopting any legislative or administrative measures that may affect their rights. The right to consultation is not only a matter of international law but also a constitutional right in many countries, including Colombia. In Colombia, the Constitution of 1991 recognizes the right of indigenous peoples to be consulted and involved in decisions that affect their territories and resources. This right is enshrined in Article 7 of the Constitution, which states that indigenous peoples have the right to participate in the decision-making process regarding the use and management of their territories and resources. The right to consultation is a crucial mechanism for ensuring that indigenous peoples' rights are respected and protected. It allows indigenous peoples to participate in the decision-making process and to express their views and concerns regarding projects and activities that may affect their lands, territories, and resources. The right to consultation is also a key component of the principle of free, prior, and informed consent (FPIC), which requires that indigenous peoples give their consent before any project or activity is undertaken on their lands. In the context of Colombia, the right to consultation has been recognized as a fundamental right of indigenous peoples. The Colombian government has established a number of mechanisms for implementing the right to consultation, including the creation of a National Consultation Mechanism for Indigenous Peoples. This mechanism is responsible for coordinating the consultation process and ensuring that indigenous peoples are involved in the decision-making process regarding projects and activities that may affect their lands, territories, and resources. The right to consultation is not only a matter of law but also a matter of practice. In Colombia, there have been a number of cases where indigenous peoples have been consulted and involved in the decision-making process regarding projects and activities that affect their lands, territories, and resources. For example, in the case of the Saramaccan community in the department of Chocó, the community was consulted and involved in the decision-making process regarding a mining project that was proposed for their territory. The community was able to express their views and concerns regarding the project, and ultimately, the project was not approved. In conclusion, the right to consultation is a fundamental principle in the protection of indigenous peoples' rights. It is enshrined in international law, including the ILO Convention 169, and is recognized as a constitutional right in many countries, including Colombia. The right to consultation is a crucial mechanism for ensuring that indigenous peoples' rights are respected and protected, and it is essential for the implementation of the principle of free, prior, and informed consent (FPIC).