Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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

1. The Committee recalls that at its 282nd Session (November 2001) the Governing Body adopted a report (document GB.282/14/3, available through the ILOLEX database on the ILO’s web page at http://www.ilo.org), concerning a representation alleging the non-observance by Colombia of the present Convention, made under article 24 of the Constitution. The representation alleged that the Government had not complied with the Convention’s requirement of consultation with the indigenous peoples concerned, in particular the Emberra Katío people, in the construction and operation of the Urrá hydroelectric dam. It was alleged that irreparable harm was caused to these indigenous peoples by the construction of this project; and that Decree No. 1320 which was adopted to regulate consultations, was itself adopted without adequate consultations. Other allegations were also made, including that a process of petroleum exploration was carried out that affected the U’wa indigenous people, again without adequate prior consultation. The Committee concluded, on the basis of the information submitted to it, that "the process of prior consultation, as provided for in Decree No. 1320, is not consistent with Articles 2, 6, 7 and 15 of the Convention". It recommended that the Government be requested to amend the legislation concerned, and that it improve the consultation procedures to come into conformity with the Convention’s requirements. It also asked the Government to provide information to the present Committee on a wide range of issues related to consultations with indigenous peoples when planning and carrying out development projects that affect them, land rights and mineral exploitation in particular.

2. The Committee notes the voluminous report and appendices received from the Government shortly before its session, which the Committee unfortunately was unable to examine for the present session. It notes that this report provides information both in reply to the Governing Body report on the representation and to the present Committee’s previous comments on the application of the Convention more generally, though the Committee has not been able to examine whether the Government’s report replies fully to the questions put to it. It requests the Government to send further information, if necessary, on any additional developments under the Convention in good time for it to be examined in detail at the Committee’s next session.