“Nosotros Somos Estado”: gobierno propio y toma de decisiones sobre el subsuelo en territorios ancestrales Afros e Indígenas en Colombia

• In Event: Mecanismos de participación en la gobernanza ambiental: Parte I: Consulta Previa

Abstract

This paper examines Indigenous and Afrodescendent responses to unilateral state decision-making concerning extractive activities affecting ancestral homelands. It highlights two cases: the Consejo Comunitario of the Afro-Colombian community La Toma (Cauca), which set precedents through its ’s judicial action against the Colombian state for lack of consultation with this afro-Colombian community prior to issuing concessions to third parties, and La Toma’s efforts at developing their own community protocols for consent; the Embera Chamí of the Resguardo Indígena Cańamomo Lomaprieta (Caldas), whose mineral-rich territory is in the eyes both of the state and of companies, and who have also developed their own protocol for free, prior and informed consent. Both of these Afro and Indigenous communities practice and regulate their own ancestral mining. From a theoretical perspective, the case studies probe thinking around legal pluralities in the social minefield of consultation and consent, questioning the various powers and legalities at play particularly in the context of the Colombian armed conflict. In the balance are conflicting visions of the right of Indigenous and Afrodescendent communities to self-determination and self-government -- and the right to ancestral mining in tune with Indigenous and Afro aspirations -- versus the market forces driving companies, the state, and even illegal armed actors towards extractive development.

Author

• Viviane A Weitzner, CIESAS