2020/01/01 by Maiah Jaskoski · 63 citations
Engineering · #Citizen journalism #Ecology #Human rights #Indigenous #Indigenous rights #Institution #Law #Mining and Resource Management #Political science #Public administration #Public relations #State (computer science)
paper · doi:10.5129/001041520x15757670821639
published in Comparative Politics (City University of New York)
openalex publication_date 2020/01/01 · openalex created_date 2025/10/10 · openalex updated_date 2026/05/21
This article systematically analyzes how the participatory institution “prior consultation” indirectly gave Colombian indigenous communities a voice in five major hydrocarbon and mining conflicts by creating opportunities to organize around the institution. Mobilized indigenous groups did not express their concerns about extraction within the prescribed prior consultation meetings. Instead, they refused to be consulted, they challenged the lack of, or their exclusion from, prior consultation, and they preemptively achieved environmental protections. Variation in tactics is explained by (1) the stage of the planned extraction, (2) whether the state initially determined that a community was affected by the extraction, and (3) the degree of unity among affected communities. The article further highlights the role of Colombia’s Constitutional Court in interpreting and weighing the rights that underlie prior consultation procedures.