The role of the multinational oil extractive prior consultation with indigenous communities: the experience in Colombia

Abstract

The purpose of this essay is showing the role of oil´s extractive transnational corporations in previous consultation with indigenous people in Colombia as well as its implications. I suggest three central points: 1. TNC’s are replacing the state´s rol; in this sense, they can be the first source of knowledge for indigenous people in issues related to previous consultation. 2. the commitments of the TNC regarding indigenous people are linked with reputation reasons, and they have the purpose to counteract the image of being human rights violators. 3. previous consultation is not carried out as was established by the ILO 169, and this has several implications. This research presents one socio juridical approach on a specific case; it includes the views of TNC´s, institutions the state that have to participate in the previous consultation and the Unuma indigenous people.