Extractivism, law and social conflict in Colombia

Abstract

This research article is the result of research on the project entitled, Public Policy, Law and Social Movements. The objective of this research is to present how popular consultations have been developed in Colombia regarding extraction processes. This is to demonstrate how this participation mechanism has become a tool for environmental advocacy and the fight of communities against the extractive model. The research question is how popular consultations are being used by Colombian society so as to question the extractive model? The research method tackles a socio-legal field as it confronts a social fact against a normative element of citizen participation, its approach is qualitative and the research tools stem from the documentary analysis. The article concludes that popular consultations in the context of the mining energy conflict have been important insofar as the communities affected by the extractivist model might exercise their right to decide whether or not to implement the energy mining model. The above-mentioned tools were innovative and effective; however, Colombian high courts have curtailed the effectiveness of these constitutional actions.