The environmental and social impact assessments in Colombia: A way to safeguard the selfdetermination and subsistence of indigenous people?

Abstract

In this article the legal problem proposed –which seeks to determine if the regulation of the environmental and social impact assessments in Colombia provides an effective protection of the indigenous people’s rights, as suggested by the relevant international standard– will be developed. In order to do so, we will study the international standards proposed by the different agencies in connection with the obligations that must be complied with to respect the indigenous people’s rights to know and participate in the environmental and social impact assessments. Subsequently, we will present two important points of view: the first explains the Colombian regulations on the subject; the second one shows general and specific situations where the reality of the indigenous people in Colombia is analyzed in relation with the application of the environmental and social impact assessments.