Abstract

MUNOZ CHAMORRO, Carlos Daniel. The indigenous participation as a pathway to decoloniality in a developing world: a reading from the constitutional jurisprudence in Colombia. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2021, vol.51, n.135, pp.303-325.  Epub Dec 20, 2021. ISSN 0120-3886.

Although development is a complex economic, social, cultural, and political process aimed at the constant improvement and well-being of the entire population, in many cases, it is equated with economic growth only. Focusing exclusively on this type of development, contributes to the strengthening of the economic growth of dominant economies and dismisses the local needs and knowledge of the indigenous peoples in the territory where these development projects are implemented. Based on this perspective, the concept of development becomes a discursive instrument that reflects the evolution from physical colonialism to the coloniality of power. This paper illustrates how in dominant judgments of the Constitutional Court of Colombia, indigenous participation might be a pathway to decoloniality. To reach this conclusion, this paper is divided into three sections: the first examines the concept of good living1 as one of the most significant development expressions of indigenous identity; the second analyzes the notion of good living regarding the concepts of coloniality and development; the third discusses prior consultation and free, prior, and informed consent as fundamental rights and social processes that play a decolonial role in indigenous communities in Colombia.

Keywords : Development; developing; coloniality of power; free, prior, and informed consent; prior consultation; indigenous communities.

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