Abstract

BOHRT IRAHOLA, Carlos. The right to consultation of indigenous peoples, the Constitutional Court and the TIPNIS. Rev. Jur. Der. [online]. 2015, vol.2, n.3, pp.59-82. ISSN 2413-2810.

As mandated by the ILO "Convention 169" and the "Declaration on the Rights of Indigenous Peoples," both instruments ratified by Bolivia, it is the Bolivian state's obligation to consult indigenous peoples, whenever legislative or administrative measures are foreseen and may affect them directly. Likewise the formulation, implementation and evaluation of plans, programs and projects of national and regional development that involves them and their territory, and since it is intended to "undertake or permit any programs for the exploration or exploitation of existing natural resources pertaining to their lands. This paper presents the results of research conducted on the constitutional framework of the right to consultation of indigenous peoples, including international instruments governing this area and integration of the block of constitutionality, the implementing legislation and jurisprudence of the Constitutional Court Bolivia on the topic.

Keywords : Consulta previa a los pueblos indígenas en Bolivia; Convenio 169 OIT; Declaración de las Naciones Unidas sobre los derechos de los pueblos indígenas; Prior consultation with indigenous peoples in Bolivia; ILO Convention 169; Declaration on the Rights of Indigenous Peoples by United Nations.

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