El derecho a la consulta libre previa e informada en los pueblos indígenas de la Amazonia ecuatoriana

The State model provided for in the Constitution of the Republic of Ecuador characterizes it as an intercultural and plurinational state based on the coexistence of multiple indigenous nationalities and cultures within its territory, having to guarantee their rights and respect for cultural diversity. Article 57 ejusdem recognizes as a collective right of peoples and nationalities the right to prior, free and informed consultation, within a reasonable period, on plans and programs for prospecting, exploitation and commercialization of non renewable resources found on their lands. and that may affect them environmentally or culturally. Various judicial cases have been instituted in Ecuador due to its violation. One of them is the emblematic case of the A'I Cofán community of Sinangoe – Sucumbíos, selected as the object of study of this research, whose general objective is to analyze the effectiveness and practical application of free, prior and informed consultation in Ecuador. through an exhaustive study of it, with the purpose of understanding how this mechanism protects the rights of indigenous peoples in situations linked to projects that affect their environmental and cultural territories and identifying both the strengths and weaknesses of the consultation mechanism, with the in order to propose improvements that ensure more effective protection of indigenous rights in the Ecuadorian context. The research approach used was qualitative, developed through anthropolegal and hermeneutic methods and documentary review and interview techniques. The main result obtained shows how in Ruling 273-19-JP/22 the Constitutional Court reaffirms the importance of this participation mechanism for the life of the community and the effective exercise of its rights.

• 1. Verfasser: Chiza Andrango, Francis Aldahir (author)
• Format: bachelorThesis
• Veröffentlicht: 2024
• Schlagworte: consulta libre, previa e informada, comunidad A’I Cofán de Sinangoe; Corte Constitucional, jurisprudencia
• Online Zugang: https://repositorio.puce.edu.ec/handle/123456789/44644