The priority right of the black communities in the mineral exploitation in Condoto- Chocó municipality

Abstract

Right of Priority, prerogative which the law gives to ethnic minorities for the government, through the Ministry of Mines and Energy, gives them special license for exploration and exploitation in mining areas of black communities on non-renewable natural resources traditionally used by such communities. In order to analyze from a legal context the functionality and effectiveness of the safeguards provided by the Act 70 of 1993 and 685 of 2001 for the protection of the collective rights of black communities; an investigation of analytical-descriptive character in the town of Condoto Chocó, from observations, interviews, and analysis request rights jurisprudence of the Colombian Constitutional Court was concluded that the right of priority in Condoto is guaranteed to partially because of the mining titles granted before 2013, the first recipient was Anglogold Ashanti Colombia and Jesus Roque Homez Robayo International Business & Investments LTD and only until January 2013, the Community Council of Rio Condoto Iró is he was granted mining rights corresponding to half of the requested titles.