El rol de la empresa transnacional extractiva de petróleo en la con sulta previa con las comunidades indígenas: La experiencia en Colombia

The purpose of this essay is showing the role of oil's extractive transna-tional 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...

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Bibliographic Details
Main Author: Castillo, Yadira
Format: Article
Language:Spanish
Published: 2012
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=5688018
Source:Revista de derecho: División de Ciencias Jurídicas de la Universidad del Norte, ISSN 0121-8697, Nº. 37, 2012, pags. 1-35
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Summary: The purpose of this essay is showing the role of oil's extractive transna-tional 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.