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TITLE:
La consulta previa a los pueblos indígenas como mecanismo a su libre determinación en el nuevo texto constitucional boliviano aplicado en el conflicto del Territorio Indígena del Parque Nacional Isiboro Sécure-TIPNIS - TFM:65
Handle: https://hdl.handle.net/20.500.11797/TFM65

Student:Paco Ancalle, Rudy Ariel
Language:Castellà
Title in original language:La consulta previa a los pueblos indígenas como mecanismo a su libre determinación en el nuevo texto constitucional boliviano aplicado en el conflicto del Territorio Indígena del Parque Nacional Isiboro Sécure-TIPNIS
Title in different languages:The pre-consultation with indigenous peoples as a means to self-determination in the new Bolivian Constitution applied in the conflict of the Indigenous Territory National Park Isiboro Secure-TIPNIS
Keywords:Consultation, indigenous peoples, Bolivia
Subject:Aborígens-Bolívia-Dret i legislació
Abstract:This paper focuses on the right to prior consultation of indigenous peasant origin, within the framework of legal pluralism in Bolivia, and the conflict resulted in the Indigenous Territory and Isiboro Secure National Park is analyzed (TIPNIS), by the violated his right to self-determination and territoriality of the people. The claim of the indigenous world, the idea of living well and good living, are values that stand to this intimate relationship with everything around them, these people better understand this logic and thus be prepared to face a chaotic future, where a progressive degradation of the environment is evident, because of human activity. The importance of conducting consultations with indigenous peoples in good faith and in ways appropriate to the circumstances is ideal to reach an agreement or consent to projects of national interest, which did not happen with the highway project Villa Tunari-San Ignacio Moxos, which pierce through the heart of TIPNIS, this created a number of social discontent of indigenous peoples in the area, since they are not consulted beforehand. The International Labor Organization ILO implements a number of Conventions (No. Convention. Convention No. 107 and. 169), which provides technical assistance and cooperation to indigenous and tribal peoples and member states of the organization. Bolivia as a country where the indigenous population is in the majority, received positive acceptance, such agreements and adopt them as their own in their regulatory framework and were subsequently part of its Constitution, which had a major impact its legal system. The Bolivian government established appropriate mechanisms to ensure: planning, coordination, execution and evaluation, in cooperation with the TIPNIS, with the highway project, will say that the Bolivian legal system was not effective, because almost was not previously deployed, lack legislation was never the problem, but the lack of promptness in implementing it.
Project director:Jaria i Manzano, Jordi
Department:Dret Públic
Education area(s):Dret Ambiental
Entity:Universitat Rovira i Virgili (URV)
Work's public defense date:2015-09-04
Academic year:2014-2015
Confidenciality:No
Subject areas:Juridical sciences
APS:No
Creation date in repository:2016-02-08
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