La utilidad de la consulta previa como instrumento político estudio de caso: “la consulta previa adelantada entre el resguardo Santa Teresita del Tuparro y la petrolera BHP Billiton en el año 2010”

Abstract

This study examines the usefulness of prior consultation as a political tool, based on the process advanced between the “Santa Teresita del Tuparro” community and the BHP Billiton Oil Company in 2010, at the Cumaribo (Vichada) municipality. To do so this work explores whether there are strengths and good practices in that case, which allow the achievement of balance between general interest and minorities’ pleas, in order to foster governability in the Colombian setting. Besides, it will examine the different roles played by the actors involved in that particular case, using the concepts of legitimacy and representativeness. Moreover, it will explore if prior consultation can be an effective mechanism within the framework of participative democracy, by the implementation of principles such as good faith, transparency, assertive communication and mutual recognition among the different actors interested.