Consulta previa y desarrollo sostenible entorno al tapón del Darién

Abstract

This work seeks to identify the gaps that exist around the material application of the prior consultation. For this purpose, the specific case of the use that was given to this mechanism in the case of infrastructure project to be developed in the Tapón del Darién is studied For this purpose, five chapters are built, and in the first of them, after the introduction, the approach given to the research problem posed is specified. In the second chapter, the foundations that originate the mechanism of prior consultation in general are exposed and analyzed, both at the constitutional and legal levels. The specific case of prior consultation in the Darien region is the subject of the third chapter, which is done starting from the description of the historical background surrounding these events. The fourth chapter sets out the material difficulties that arose during the prior consultation process and, based on all of the above, the fifth chapter records the conclusions of the work. As can be seen in the conclusions, the way that consultation mechanism operated in that area of ​​Chocó made the expectations of the communities that live in that region of the national territory, interested in preserving the environment, remain unsatisfied. It wal also concluded on the need for this mechanism to be perfected so that it generates an ever-greater balance between individual, regional and national interests. Keywords: prior consultation, Darien, indigenous, development, environment.