The protection of biocultural rights and the right to prior consultation. The case of the U’wa Indigenous People and its members vs. Colombia

Abstract

Faced with the inability of the current regulatory and governance system to protect nature, more and more countries are opting to develop legislation within the framework of the so-called international movement for the Rights of Nature, which advocates the consideration of nature and its elements as subjects of law. The development of this body of law in Latin America has been more than remarkable, and one of the main factors that has led to it has undoubtedly been the protection of the biocultural rights of indigenous peoples. This article seeks to analyze the importance of the protection of biocultural rights in order to protect nature through the mechanism of free, prior and informed consultation. To do so, we will focus on one of the most recent cases of the Inter-American Court of Human Rights, the case of the U’wa People and its members vs. Colombia. The objective is to know what the right to consultation consists of in the framework of the protection of indigenous biocultural rights and how this right is applied by the Inter-American Court of Human Rights.