Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes: (i) the communication of 27 August 2009 from the Workers’ Trade Union Confederation for the Oil Industry (USO), sent to the Government on 31 August 2009; (ii) the communication of 28 August 2009 from the Union of Workers of the National Mining Enterprise “MINERCOL Ltda.” (SINTRAMINERCOL), sent to the Government on 14 September 2009; and (iii) the communication of 31 August 2009 from the International Trade Union Confederation (ITUC), sent to the Government on 1 September 2009. The Committee observes that no comments have as yet been received from the Government in response to these communications.

Article 6 of the Convention. Consultation. The Committee notes that, according to Resolution No. 3598 of 2009, the Working Party on Prior Consultation, which answers to the Ministry of the Interior and Justice, has responsibility for “coordinating the carrying out of prior consultation with ethnic groups for any development projects that affect them”. The Committee reminds the Government that the right of indigenous and tribal peoples to be consulted, laid down in Article 6 of the Convention, must also be observed when the consultation process is being devised. The Committee accordingly asks the Government to provide information on the work of the abovementioned Working Party and the manner in which the consultation and participation of the peoples covered by the Convention is ensured in the carrying out of consultation processes.

Article 7. Development plans. The Committee notes that, according to the Government, the CONPES (a document by the National Council on Economic and Social Policy) is being prepared for the Amazon area of Colombia. The Committee requests the Government to ensure the participation of the peoples concerned in the preparation of the abovementioned document and to provide information on this matter. Please also report on the participation of the peoples covered by the Convention in the preparation and implementation of the CONPES 2007 for the Pacific area of Colombia.

Article 14. The Wounaan people. The Committee notes the information sent by the USO in its communication of 2009 concerning the situation of the Wounaan people of Join Phubuur. According to the USO, the Wounaan people has returned to its ancestral land in the River Cacarica Basin in what is today known as the Katíos Natural Reserve (PNNK) and is seeking recognition of its right to the land. As a means of consolidating its return, the Wounaan community has proposed to the National Parks System (SNP) that it remain in the PNNK as an environmental authority, but the proposal has gone unanswered and the measures taken by the state bodies involved have been geared to the Wounaan’s abandonment of the area. The Committee reminds the Government that, in accordance with Article 14(2) of the Convention, it is required to take steps as necessary to identify the lands which the peoples concerned traditionally occupy. It accordingly asks the Government to report on the situation of the Wounaan people and to provide information on the measures taken to establish the rights of this people over the area they claim.

Articles 6, 7 and 15. Consultation, participation and natural resources. The Committee requests the Government to provide further information on the situation of the U’wa people, including information on the Sirirí/Catleya oil block seismic exploration project.

Articles 24 and 25. Health. The Committee requests the Government to provide information on the functioning of the Indigenous Health Promotion Entities (EPSIs) and the implementation of the Collective Intervention Public Health Plan, which, according to the provisions of Decree No. 3039 of 2007, will allow participation by the communities in the formulation, monitoring and evaluation of health plans.

Articles 26–31. Education. The Committee requests the Government to provide information on the activities of the Ministry of Culture’s Populations Directorate, created by Decree No. 4827 of 2008, together with information on the ethnic education policy of the Ministry of National Education, including particulars of the measures taken to ensure participation of Colombia’s indigenous and tribal peoples in the formulation and implementation of education programmes and cultural policies concerning them. Please also provide information on the Programme for the Protection of Ethno-linguistic Diversity.

The Committee notes that, according to the ITUC’s observations concerning the Embera Katío people of Alto Sinú, “the indigenous authorities have constantly complained of systematic non-compliance by the departmental and municipal authorities when it comes to assigning the necessary resources and hiring appropriate personnel in the interests of effectively ensuring the communities’ rights in this area”, namely, education and health. The Committee requests the Government to provide information on the matter and to take the necessary steps to remedy the situation.