Prior Consultation: Dilemmas and Solutions
César Rodríguez-Garavito (Retired in 2019), Natalia Orduz | June 15, 2012
The book provides lessons from the drafting process of the Reparations and Restoration of Land to Indigenous Peoples decree in Colombia.
This document seeks to reduce legal and practical uncertainty of legislative consultations. For this, it concentrates in the Colombian scope, in which case law has made considerable progress in elucidating some of the difficult questions about the query. In this context, it carefully analyzes a legislative process in an exemplary manner, at least in comparison with the absence of consultations or insufficient depth in the vast majority of them. This is the process that, in 2011, led to the issuance of standards with force of law on land reparation and restitution in favor of indigenous peoples who are victims of the armed conflict and suffer other serious violations of their rights (Decree Law 4366 of 2011).
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