Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Colombia (Ratification: 1991)

Other comments on C169

Observation

Direct Request

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Article 1 of the Convention. Self-identification. The Government indicates in its report that the Directorate for Indigenous, Roma and Minority Affairs (DAIRM) has registered the existence of 101 peoples. The Committee notes that the DAIRM does not conduct formal recognitions, but respects the right of indigenous peoples to self-identification. The Government adds that studies have been initiated for the registration of the Ambalo, Andakies, Cariachiles, Nutabes, Polindara and Quizgo peoples. The Committee notes the Government’s proposal to undertake an indigenous self-census process, with the support of the DAIRM, with a view to determining the social composition of indigenous communities. The Committee requests the Government to continue providing information on the indigenous and Afro-Colombian peoples which receive the protection envisaged by the Convention, including on the self-census process.

Articles 2 and 33. Coordinated and systematic action. The Committee notes that 33 ethnic peoples and communities are covered by comprehensive compensation plans. The Government has conducted 13 prior consultation processes with communities and peoples which have been victims of armed conflict with a view to determining damages and developing comprehensive collective compensation plans. The Committee requests the Government to continue providing information on the planning, coordination, execution and evaluation of comprehensive compensation measures for indigenous and Afro-Colombian peoples who are victims of armed conflict.

Article 6. Consultations on legislative measures. The Government describes the consultation processes at the national level held through the Standing Dialogue Forum on draft legislative texts, including the text to reform Act No. 99 of 1993 (the Environmental Act), the Bill on lands and rural development and the reform of the Mining Code. The Government indicates that it submitted for prior consultation the draft decree issued to implement Andean Decision No. 391 of 1996 on access to and use of genetic resources and related traditional knowledge. The consultations held have included the pre-consultation, socialization and consolidation phases. The Government adds that a legislative proposal has been developed on prior consultation which will be subject to consultations with indigenous and Afro-Colombian communities. The Committee requests the Government to continue providing information on the outcome of the consultations held on legislative measures.

Article 15. Natural resources. With regard to the Mandé Norte mining project, the Government indicates in its report that the inhabitants of the Chidima reservation (resguardo) were consulted in 2013 and that, as a consequence of the consultation, it was decided to change the route of the road that was to be constructed as part of the project. In accordance with ruling No. T-769 of 2009, the Ministry of the Environment is undertaking environmental impact studies of mining activities in the indigenous communities in the reservations concerned. With regard to the situation of the La Toma community, the Government indicates that in January 2014 a prior consultation workplan was agreed between the Ministry of Mines and Energy and the La Toma Community Council, which is being put into effect. In March 2015, the Prior Consultation Department issued a report containing the results for existing mining concessions, which is being analysed together with the Autonomous Regional Corporation of Cauca. The Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC) express their concern at the limitations on access to natural sources of water of the indigenous communities of Guajira. The Committee requests the Government to continue providing updated information on the consultations held with indigenous communities affected by the mining activities of the Mandé Norte and La Toma projects. Please also indicate the measures adopted to safeguard the access of indigenous peoples to the natural resources pertaining to their lands and which are necessary for their subsistence.

Article 17. Transmission of land rights. The Committee requests the Government to indicate what procedures are in force for the transmission of the land rights of indigenous and Afro-Colombian peoples among their members.

Article 19. Agrarian programmes. The Committee requests the Government to indicate the manner in which national agrarian programmes secure to indigenous and Afro-Colombian peoples the means required to promote the development of their lands.

Article 20. Recruitment and conditions of employment. The Committee requests the Government to provide information on the measures adopted to ensure the effective protection of indigenous and Afro-Colombian peoples with regard to recruitment and conditions of employment, and the measures adopted to ensure adequate labour inspection.

Articles 21 and 22. Vocational training. The Committee requests the Government to provide information on the vocational programmes that have been adopted taking into account the special needs of indigenous and Afro-Colombian peoples. Please indicate the manner in which such peoples have been consulted on the organization and operation of such programmes.

Article 24. Social security and health. The Committee requests the Government to indicate the extent to which social security schemes cover the peoples concerned.

Articles 26 and 27. Education. The Committee requests the Government to indicate the measures adopted with a view to ensuring that the peoples concerned benefit from education at all levels. Please indicate the manner in which indigenous and Afro-Colombian peoples participate in the development and implementation of educational programmes which address their special needs and take into account their social, economic and cultural aspirations.

Article 32. Contacts and cooperation across borders. The Committee requests the Government to provide information on any international agreements that have been concluded to facilitate contacts and cooperation between indigenous and tribal peoples across borders.