The right to prior consultation in the solution of social and environmental conflicts

Abstract

This article examines some of the difficulties and challenges that the right to prior consultation has faced as an instrument for the protection of indigenous and tribal peoples rights. In particular, the article focuses on social and environmental conflicts in Colombia. Using a theoretical analysis (governance regimes), the text explores two analytical perspectives: On one hand, it addresses the difficult legal construction of this institution at national level. On the other hand, it examines certain unintended consequences its current definition causes on the ground