Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

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

1.  The Committee notes the information contained in the Government’s report. With reference to the situation of Emberá Katío community in the Alto Sinú region faced with the construction of a hydroelectric dam (the Urrá project), the Committee notes that several questions regarding this situation, particularly in respect of the alleged failure to consult with the populations concerned and the irremediable damage caused to their environment, are being examined in the context of two representations made under article 24 of the Constitution, which were deemed receivable by the Governing Body. Noting that these representations are expected to be examined by the Governing Body in 2001, in accordance with established practice, the Committee will not examine these matters at the present session. It therefore requests the Government to send additional information on matters relevant to the representations when sending its report in 2002.

2.  As regards the question of the environmental impact studies which should involve the indigenous communities concerned before any environmental licence is granted, in accordance with section 7 of Decree No. 1337, the Committee notes the indications in the report on resolution No. 0564 of 26 June 1998 by the Ministry for the Environment. According to the Government, this resolution resulted in the refusal of the request for an environmental licence made by the El Dorado, S.A. Mining Company regarding the appropriation and exploitation of certain gold deposits, activities to be undertaken in a region occupied by various indigenous communities. The Government states that the Ministry for the Environment took account of the participation of the indigenous communities concerned when making its decision. The Committee requests the Government to supply a copy of the text of the above resolution which, although mentioned by the Government, has not been received by the Office.

3.  Article 3.  In its earlier comments, the Committee had noted reports that had been received of human rights violations, including massacres in indigenous communities in Sierra Nevada de Santa Marta, and that the Permanent Commission on Indigenous Rights was conducting investigations into these grave allegations, in cooperation with the Office of the People’s Advocate. The Government indicates that the Permanent Commission on Indigenous Rights does not in fact have jurisdiction to investigate cases of alleged violation of human rights in indigenous populations or among members of indigenous communities. Noting, however, that the Government’s report does not reply to its earlier request, the Committee again asks the Government to indicate the status of these investigations and to list the institutions conducting the investigations, for example the National Office of the Public Prosecutor or the Office of the Attorney-General and the Office of the People’s Advocate.

The Committee is addressing a request regarding other matters concerning the application of the Convention directly to the Government.

[The Government is asked to report in detail in 2002.]