News and AnalysIs for

One of the most frustrating aspects of working in the Colombian countryside is the unclear boundaries of “prior consultation”. The constitution and international agreements require ethnic minorities to be consulted on issues that affect them – like infrastructure or resource development – but Congress has never dared to pass a law that regulates what this means. This is partially because such a law would itself have to be consulted before passage and there is a reasonable expectation that the affected minorities prefer the current ambiguity. Without a legal framework, work has progressed based on decrees and administrative procedures. Recently, the State Council nullified one of the fundamental decrees. The team at Brigard Urrutia wrote an opinion on the implications for oil and gas companies.