Exercise of Prior Consultations within the Wayúu Indigenous Community in the Department of La Guajira, during the Period 2015-2020

Abstract

Prior consultation, recognized in Colombia by Law 21 of 1991 as a right inherent to Indigenous and Afro-Colombian communities, is a tool aimed at protecting their fundamental rights, customs, and traditions. It applies when natural or legal persons, as well as public or private entities, seek to conduct mining, hydrocarbon, and environmental projects, or when implementing and evaluating national and regional development plans and programs that directly affect their lives, beliefs, institutions, spiritual well-being, and the lands they occupy or use. Its purpose is to enable these communities to exercise control over their own economic, social, and cultural development. The exercise of prior consultation is mandatory and binding. to projects proposed by these entities to proceed, they must comply with the legal parameters established in the norm, ensuring that the consultation process is conducted in a free, prior, and informed manner. The process consists of five stages and should be conducted when there is a direct impact on the community resulting from the requested project, work, or activity. For this study, it is relevant to analyze the exercise of prior consultation within the Wayuu Indigenous Community in the Department of La Guajira during the period 2015-2020. This community, possessing a territory rich in natural resources essential for Colombia's economic profitability and sustainability, has experienced various mining, hydrocarbon, and environmental projects that have disregarded their right to be consulted.