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La No Aplicación De La Consulta Previa Para El Otorgamiento De Concesiones Mineras Metálicas Por Parte Del Ministerio Sectorial Sobre Tierras Ancestrales Afecta Y Vulnera Los Derechos De Las Comunidades, Pueblos Y Nacionalidades Indígenas En El Ecuador
| Content Provider | Semantic Scholar |
|---|---|
| Author | Herrera, Pacheco Francisco, Marlón |
| Copyright Year | 2016 |
| Abstract | The research that is the subject of this work that I put to the consideration of the National University of Loja and the general public of the need arises to analyze the issue entitled: “THE NO APPLICATION OF THE PREVIOUS CONSULTATION FOR THE CONFERMENT OF METALIC MINING CONCESSIONS BY SECTORIAL MINISTRY ON ANCESTRAL LANDS AFFECTING AND INFRINGING THE RIGHTS OF COMMUNITIES, TOWNS AND INDIGENOUS NATIONALITIES IN THE ECUADOR”, social problem that has taken shape in recent years, due to lack of implementation of prior consultation on the granting of metal mining concessions on ancestral lands, Whose disproportionate use affecting and undermining the rights of communities, peoples and nations indigenous, that is why it is necessary to structure our mining legislation according to the social reality that encompasses this issue. I made the approach to the problem from the social point of view, economic and legal, analyzing it in its national and international context, based on the analysis of comparative law, which has given me light to propose recommendations and solutions to this problem, as well as draft a legal reform that somehow will help address this social phenomenon. This paper aims to highlight existing tensions in the observance of human rights, particularly the participation of the community, and the policies implemented within the framework of a development model that is based on the extraction of natural resources ancestral lands. 5 Despite recognition in national and international standards of participatory mechanism, the free and informed consent of indigenous peoples, in consultation becomes apparent that these are not really designed to influence the decisions made by the State regarding extractive programs, and more While they subordinated to the interests of the development, a notion that even if it takes different names, still as ideological support economic growth and the commodification of nature. The mining activity in the country has so far not been relevant, however, is taking a big boost once mining has been classified as strategic for the country and from which it is intended to demonstrate the practical limits of the right of participation. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | http://dspace.unl.edu.ec/jspui/bitstream/123456789/11808/1/marlon%20pacheco%20(biblioteca).pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
