Prior consultation in cases of mining for indigenous communities and tribal: jurisprudence of the Colombian Constitutional Court

Abstract

The paper discusses the jurisprudence of the Constitutional Court on prior consultation and mining. The author identifies the rules which have been introducedby the Court for weighting the right to prior consultation with respect to the right of the Nation to the exploitation of natural resources. Also, the paper demonstrates how the Constitutional Court understands the prior consultation procedure. Finally, a brief discussion of multiculturalism and the differential rights is offered.