Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 1 of the Convention. According to the Government’s report, the 2005 census conducted by the National Administrative Department for Statistics shows that Colombia has a population of 42 million people, nearly 14 per cent of whom recognize themselves as belonging to indigenous, Afro-Colombian or Roma peoples. It also shows that the indigenous population is made up of 1,378,884 persons, 78 per cent of whom live in rural areas, and that 4,261,966 persons recognize themselves as black or Afro-Colombian (including the Palenquera and Raizal peoples) and that they account for 10.6 per cent of the total population of Colombia. The Committee requests the Government to continue to provide statistical information regarding the peoples covered by the Convention.

Article 6. Consultation. Legislation. The Committee notes that the report gives detailed information on the application of Decree No. 1320 of 1998 on consultation, issued under section 76 of Act No. 99 of 1993. The Committee reiterates that according to two Governing Body reports on representations, Decree No. 1320 is not consistent with Convention No. 169 in terms either of its elaboration, since there was no consultation or participation with the peoples covered by the Convention, or of its content. The Committee refers to its observation and again reminds the Government that it may seek technical assistance from the Office.

Article 7. Development plans. The Committee notes that according to the report, the National Development Plan “Estado Comunitario: Desarollo para Todos” 2006–10, approved by Act No. 1151 of 24 July 2007 sets as one of its objectives a policy which accommodates, among other things, the formulation of specific programmes relating to ethnic groups and intercultural relations, for which strategies will be developed for the benefit of all ethnic groups (the indigenous, Afro-Colombian, Raizales and Roma or Gypsy peoples). The Committee also notes that the National Department for Planning (NDP), has promoted the elaboration and establishment of strategies to develop national public policies in social, economic and environmental fields with a view to fostering equality and combating discrimination, through a legal instrument called CONPES (document of the National Council on Economic and Social Policy). The Committee notes that CONPES 2007 “State Policy for the Colombian Pacific Area” seeks renewed advancement of the Afro-Colombian people by integrating the Pacific region into national and international development as part of a strategic programme for economic and social revival. The Committee notes that according to the report, the highest concentration of Afro-Colombian peoples is in the Pacific region (Chocó, Valle del Cauca, Cauca and Nariño) and reminds the Government that according to Article 7(1) of the Convention “the peoples concerned…shall participate in the formulation, implementation and evaluation of plans and programmes for national and regional development which may affect them directly.” The Committee accordingly asks the Government to ensure such participation for the peoples covered by the Convention that inhabit the area covered by CONPES 2007 and to provide information on this matter, and requests it to include all the peoples covered by the Convention in the relevant plans in order to enable them to participate fully in building the model for development which may affect them directly.

Participation, consultation and natural resources. The Committee requests the Government to provide information on the status of the exploration and exploitation of natural resources on lands traditionally occupied by the U’wa people. It refers the Government in this connection to its earlier comments on this subject, including those of 2006, and asks the Government to provide information on the matter.

Articles 24 and 25 of the Convention. Health. According to the report, the Ministry of Social Welfare has embarked on a series of measures with a view to defining a social welfare policy for the various ethnic groups, and in the case of the indigenous and Roma peoples, the information has been endorsed by those concerned. The Ministry also conducted a study with a view to devising strategies for the provision of differential care for displaced indigenous and Afro-Colombian peoples. Furthermore, Decree No. 3039 of 2007 provides that the Public Health Plan for Collective Care must be so formulated as to comply with the principle of respect for the cultural and ethnic diversity of the country “through consultation and coordination with the communities, guaranteeing their participation in the formulation, monitoring and evaluation of health plans.” Furthermore, the Ministry held a series of meetings with the Indigenous Health Board with a view to enacting regulations under Act No. 691 of 2001 allowing the participation of indigenous peoples in the comprehensive health system. The Committee takes note of the measures undertaken by the Ministry of Social Welfare and asks the Government to continue to provide information in this regard.

Article 33. In its observation, the Committee noted that according to a communication from the Workers’ Trade Union, the matter of the three separate plots making up the Chidima reservation remains unresolved because no provision was made in the budget to that end. Attached to the abovementioned communication is a letter from INCODER, stating that “there is no budgetary provision for regularization”. The Committee reminds the Government that Article 33 of the Convention provides that the government authority responsible for the matters covered in the Convention shall ensure that agencies or other appropriate mechanisms are in place aiming at the administration of programmes affecting the peoples concerned and that “they have the means necessary for the proper fulfilment of the functions assigned to them.” Since it has addressed the matter of the Chidima reservation in its observation on the application of the Convention, the Committee calls on the Government to provide the mechanisms and agencies referred to in Article 33 of the Convention with the means necessary for the proper fulfilment of their functions, and to provide information on the measures taken in this respect.