Los estándares de la Consulta previa, libre e informada en la Jurisprudencia de la Corte IDH

Abstract

Abstract: The recognition of the rights of indigenous peoples in the international normative framework arises as a need to show the systematic exclusion of these peoples in the history of humanity. The objective of this work is to identify the standards of free, prior and informed consultation (FPIC) in the jurisprudence of the Inter-American Court of Human Rights. For the development of the research, the methodology is based on case studies, specifically the case of the Kichwa Indigenous People of Sarayaku vs. Ecuador, regarding the granting of a permit by the State to a private oil company to carry out oil exploration and exploitation activities in the territory of the indigenous people in 1990. The research shows that the right to free, prior and informed consultation is a collective and participatory right of indigenous and Afro-Ecuadorian communities, communes, peoples and nationalities, which responds to the fulfillment of other collective rights. It is not a particular privilege of these communities, but a fundamental requirement to maintain their cultural identity and guarantee their right to self-determination.