Inobservancia del art. 57 numeral 7 de la constitución de la república del Ecuador, con respecto a la consulta previa, lo que conlleva a la vulneración de los derechos constitucionales de las comunidades, pueblos y nacionalidades indígenas

In Ecuador, in accordance with existing international and national standards, the State has the obligation to consult the communities peoples and indigenous nationalities, before any adoption, decision or a State authorization that may affect them environmental or culturally. Historically this right was recognized in the Ecuador on 24 April 1998 and introduced in the Constitution of that year and ratified the Constitution in 2008, with that and the current regulations is intended to ensure the collective rights of all communities, peoples and nationalities existing in Ecuador, rights such as, of the free, prior, and informed consultation laid down in Art 57.-paragraph 7, of the current Constitution, it says. It recognizes and ensure communities, communities, peoples and indigenous nationalities, in accordance with the Constitution and the Covenants, conventions, declarations and other international instruments on human rights, collective rights: (...)."Paragraph ,7Free, prior and informed consultation, within a reasonable time, on plans and programmers of prospection, exploitation and commercialization of non-renewable resources which are on their land and that may affect them environmental or culturally; participate in the benefits of such projects and compensation for the social, cultural and environmental damages that cause them. The consultation undertaken by the competent authorities will be compulsory and timely. If it does not receive the consent of the community consulted, shall be in accordance with the Constitution and the law. However, this important right, because its application has been continuously circumvented by the different Governments, has generated various environmental and social conflicts between the State and these groups, those who seek control of the resources on the one hand and respect for collective rights and traditional ways of life, on the other.

• Автор: Rivadeneira Torres, Pablo Javier (author)
• Формат: bachelorThesis
• Мова: spa
• Опубліковано: 2016
• Предмети: DERECHO; INOBSERVANCIA DEL ART. 57; CONSULTA PREVIA; VULNERACIÓN DE LOS DERECHO; NACIONALIDADES INDÍGENAS
• Онлайн доступ: http://dspace.unl.edu.ec/jspui/handle/123456789/16840