The State as guarantor of Human Rights in the relationship between indigenous peoples and companies: a study of judgment T-444/19 of the Constitutional Court of Colombia on Prior Consultation

Abstract

Indigenous peoples have developed in a context of exclusion with assimilation approaches, especially in Latin America. In this sense, there have been several struggles of these peoples to prevent the imposition of the hegemonic culture on their identity, customs and traditions, in order to make their rights effective. One of these fundamental rights is prior consultation, which is established in international regulations such as ILO Convention 169 and the United Nations Declaration on the Rights of Indigenous Peoples. However, despite the promulgation of regulations whose purpose is the respect and protection of indigenous peoples, these regulations generally do not fulfill the purpose for which they were created. The study presented in the following lines was carried out using a qualitative methodology, with an analytical-descriptive perspective; Specifically, the analysis of Judgment T-444/19 of the Colombian Constitutional Court was carried out, evaluating a case in which it was evidenced how the relationship between indigenous peoples and companies is truly materialized, what is the reality of the prior consultation , as well as, what is the role of the State as guarantor of human rights within this scenario in Colombia.