Consulta previa: deber y obligación del estado

Abstract

Since the creation of the Social State under the rule of law on the occasion of the 1991 Constitution, the ideal has been to guarantee in a correct manner the rights of Colombians, especially those whose ethnic or cultural background exposed them to constant transgressions by the Administration. Thus, Law 21 of 1991 led to the ratification of Convention 169 of the International Labour Organization - ILO, through which the necessary measures would be taken to ensure the realization of the rights of indigenous peoples, Indigenous and tribal peoples, increasing the means for the protection of their values and encouraging their constant participation in decisions taken by the central government. Reason for the creation of the Prior Consultation, in the form of a constant dialogue with the State in order to arrive at an agreement allowing the latter to act on the territories and/or interests of the indigenous communities, without ignoring their right to participate.