El derecho colectivo de la consulta previa de las comunidades : el caso del Yasuní.

Abstract

This research focuses on the collective right to prior consultation of communities and nationalities, particularly in the case of the referendum held in Yasuní on oil exploitation in Block 43. This right, guaranteed in our Constitution, ILO Convention 169, and other international treaties, establishes a fundamental mechanism to ensure the real participation of indigenous peoples and nationalities in all types of decisions that affect their territory and way of life. International and national case law highlighting the importance of this right is analyzed, as well as various doctrines on the differences between prior consultation and popular consultation. The legal, economic, and political context that led to the consultation on August 20, 2023, is also analyzed, evaluating the procedure carried out by the Constitutional Court, in which the indigenous communities of the Aguarico canton, who are the most affected by the popular consultation, were excluded from the prior consultation.