El derecho a la consulta previa y su ejercicio en proyectos de explotación minera y petróleos en zonas declaradas reservas ecológicas”

Abstract

The exploitation of non-renewable natural resources in the Ecuadorian Amazon region has left an indelible mark on Indigenous communities, affecting their ways of life, their territorial Tights, and generating far-reaching environmental consequences. This study takes into account the socioeconomic significance of the activities studied, their weight, influence, and importance for the development of relations between citizens, as well as their significance in the various disciplines that provide liquidity from which every member of the Republic benefits. The central objective of this study is to analyze the influence of prior consultation, addressing its exercise in conjunction with the inherent impact of intensive exploitation projects. It focuses on the historical and contemporary realities of the various affected peoples, such as the Cofanes, Sionas, Secoyas, and Kichwas. It presents a comprehensive overview, supported by documented studies and the analysis of legal regulations regarding prior consultation and the protection of ancestral territories. The research methodology is descriptive in nature, based on a detailed and in-depth review of historical, documentary, and bibliographic archives, fully correlated with each other. This allowed for the collection of perspectives from affected communities, as well as applied and ignored ancestral knowledge. A regulatory analysis was also conducted of laws on prior consultation and respect for ancestral territories, as well as other international and national legal frameworks that protect the cultural and environmental rights of these populations. These rights lack legal binding in their conversational expression, which is the main obstacle to a transparent and efficient consultative process. Keywords: