Análisis de los Conflictos de Uso del Suelo en la Vereda Loma Rucia y Evaluación de la Vulneración al Derecho Fundamental a la Consulta Previa: Estudio de Caso Consejo Comunitario Cuenca del río Cauca y microcuenca Teta Mazamorrero

Abstract

In Colombia, territorial management and land tenure continue to be significant challenges for ethnic communities, such as Afro-Colombian communities, which are legally recognized through Community Councils, according to Law 70 of 1993. These communities face issues related to economic projects, natural resource exploitation, and armed conflict dynamics, exacerbating their territorial vulnerability. Although the titling of ancestral lands remains unresolved, their rights are mainly affected by the lack of prior, free, and informed consultation in the face of expanding economic activities such as mining projects.

The case of the Loma Rucia village, in the municipality of Buenos Aires, Cauca, is a representative example of this issue. Despite being part of the ancestral territory of the Consejo Comunitario Cuenca del río Cauca y microcuenca Teta Mazamorrero, the development of mining projects without the proper consultation process has violated the community's fundamental rights, impacting their territorial management, environmental stewardship, and cultural preservation. The International Labour Organization's Convention 169, ratified by Colombia through Law 21 of 1991, establishes the right of ethnic communities to be consulted before any project affecting their lands, ensuring their participation in key decisions about their territories.

This case study focuses on analyzing land-use conflicts and the violation of the fundamental right to prior consultation in the Loma Rucia village, using geographic information systems and primary data collection to identify the direct impact of these activities and propose solutions for more inclusive and equitable territorial management. The results will not only contribute to academic knowledge but also provide practical tools to help the community strengthen its territorial management and environmental protection capabilities.