Los derechos colectivos y el carácter no vinculante de la consulta previa

Abstract

The proposed research work is carried out in the constitutional field of collective rights and the non-binding nature of prior consultation, given that in Ecuador the lack of respect for such content by public and private bodies and institutions has been historic. The Constitution of the Republic of Ecuador, adopted in Alfaro Montecristi in 2008 and ratified by its constituents, establishes respect for the collective rights of indigenous peoples and nationalities and the application of free and informed prior consultation when carrying out activities involving the exploration and exploitation of any type of natural resource in their ancestral territories. However, in the absence of a clear, fixed procedure with all the necessary formalities for the implementation of this constitutional consultative resource, and in the absence of respect for the outcome of the consultation for the parties, the violation of these rights is evident. Therefore, by virtue of the above, it is imperative that a constitutional amendment be made in order to establish as binding the nature that prior consultation must have in relation to respect for collective rights and the direct application of constitutional principles such as opportunity, obligatory nature and participation.