The Right to Prior Consultation and the Incorporation of International Treaties in Colombia: The Dynamic Analysis of Constitutional Precedents

Under specific circumstances, Colombian Constitutional Court’s decisions become constitutional precedent. Constitutional precedent establishes judicial sub-rules or regulations in given constitutional scenarios that must be followed by all actors involved in future legal disputes or constitutional examinations. In Colombia, judicial sub-rules are binding provisions and a source of law that make part of the national legal system. This study examines the judicial evolution of the constitutional rights to prior consultation with respect to the incorporation of international treaties impacting Indigenous peoples into the Colombian legal system. Looking at six leading cases from 2010 to 2019, the thesis finds that the Court has gradually moved toward a more protective set of sub-rules to guarantee the right to prior consultation over the time period studied. The research identifies four phases that shed light on the evolution of Indigenous rights to prior consultation.