Análisis de la aplicación de la consulta previa libre e Informada en el Ecuador

Abstract

Abstract:Ecuador as a Constitutional State of Rights has built one of the most significant innovations in participation mechanisms, mainly the Free and Informed Prior Consultation and its scope has allowed it to be this research s main topic of analysis. Since the Constitution of 2008, the specific recognition of this collective right to Indigenous Communities, People and Nationalities is implemented, with the conception of executing it in a timely manner over the prospecting, exploitation and commercialization's plans for the non-renewable resources found in the territories where these are settled. The Consultation's guaranteeing spirit is reflected in preserving that the destined projects to the resources' exploitation do not intervene or be the preceptor for the environmental, social, or cultural damage that may be thrown from their main ambition. Another one of the Consultation's purposes is to involve this sector in the economic and social development that the project presents, as its historical implementation evidence shows, the Consultation has remained a utopia of guarantees.