El derecho fundamental a la consulta previa y el racismo estructural en Colombia. Análisis del caso del consejo comunitario de la Toma-Suárez-Cauca.

Abstract

In this study, I argue that the violation of the fundamental right to prior consultation is a manifestation of structural racism in Colombia. The case-study is of the Afro-descendant community of the La Toma Community Council in the Municipality of Suárez, Cauca. My methodology was based on participant observation, ethnography, and the analysis of selected press and documentary sources. In addition, a discourse analysis was made of the speeches that presidents and public officials have made to the media, between 2009 and 2019, about their vision of the prior consultation. I also reviewed the application of the procedure in this community in 2009 with regard to the granting of mining titles and subsequent eviction orders. I conclude that in the Colombian State prevails a colonial relationship with the ethnic communities that materializes in the speeches and procedures that deny the application of the right to prior consultation.