INTERNATIONAL INSTRUMENTS OF THE RIGHTS OF INDIGENOUS PEOPLES: THE RIGHT TO PRIOR EFFECTIVE CONSULTATION

Abstract

The objective of this study is to discuss the instruments of international protection to indigenous peoples as a way of guaranteeing the autonomy and culture of these peoples. Although they do not provide the ideal protection, international treaties and conventions constitute the most important tool for the preservation of the culture and the rights of the indigenous peoples, therefore, they must be considered and respected by the national states and at the same time perfected in their scope and scope . Initially, the article deals with the historical encounter between Europeans and Native Americans and the perception of these peoples in the European imaginary and the anthropological vision. Subsequently, the history of the protection of indigenous peoples was discussed, and finally the concept of legal pluralism and its relation to the right to prior consultation. In order to carry out the present study, in addition to consulting the official archives of the United Nations and other international and inter-state institutions available in electronic databases, we sought to establish with renowned authors in the area of ​​anthropology such as Darcy Ribeiro and Gilberto Freyre, as well as jurists like Miguel Reale. This article is expected to raise awareness about the need to implement international instruments for the protection of indigenous peoples and to provide clarification on the subject and thus to warn about the importance of preserving the cultural diversity and autonomy of indigenous peoples that has been so harmed by the process of assimilation by the European invaders.