Open AccessA Dilemma Between the Use of the Land and the Right of Prior Consultation in Colombia: The Dispute for the Land of the resguardos
Author(s) -
Germán Andrés Mora Vera
Publication year - 2017
Publication title -
reflexión política/reflexión política
Language(s) - English
Resource type - Journals
eISSN - 2590-8669
pISSN - 0124-0781
DOI - 10.29375/01240781.2836
Subject(s) - indigenous , vision , political science , politics , dilemma , reservation , natural resource , ethnic group , law , political economy , law and economics , public administration , sociology , ecology , philosophy , epistemology , anthropology , biology
This article constitutes one contribution to the analysis of the conflict between theindigenous people and the governments through history in Colombia over the landsof resguardos or native indigenous reservation areas, focusing the attention in thelegal and political framework that rules these ethnic minorities' rights andespecially the right of prior consultation; understood as one of the reasons whichhas intensified the conflict between both parties in time specifically from thedecade of the 1990s. This study considers that this dispute between these bothparties is not only caused due to the contrary visions and perspectives over the land–and over the natural resources present in it– but also due to the presence ofcontradictions in the laws, policies, norms, decrees, etc., as the factors which havenot only extended for more than 400 years but also intensified the dispute amidthese two parties to the present day.