Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

The Committee notes the joint observations of the Single Confederation of Workers of Colombia (CUT), the Confederation of Workers of Colombia (CTC) and the General Confederation of Labour (CGT), received on 31 August 2025. The Committee also notes the joint observations of the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI), received on 1 September 2025. The Committee requests the Government to provide its comments in this respect.

Articles 2, 3 and 33 of the Convention. Human rights. 1. Climate of violence and protection of indigenous rights defenders and leaders. The Committee notes that the United Nations Human Rights Committee, in its concluding observations of 4 September 2023, expressed concern at the rise in violence in the country due to the expansion of various non-state armed groups and criminal organizations (CCPR/C/COL/CO/8). The Committee also notes the report of 12 July 2024 of the United Nations High Commissioner for Human Rights on the situation of human rights in Colombia, according to which approximately 62,967 persons were displaced and 87,646 were confined in 2023. Altogether, 55 per cent of persons displaced and 79 per cent of those confined belong to ethnic peoples (A/HRC/55/23).

The Committee also notes: (i) Early Warning No. 001-2025 of 21 January 2025 issued by the Ombuds Office on the occasion of serious risks for the civilian population (including the indigenous population and the indigenous peoples’ own authorities) arising from the expansion and/or possible armed confrontation between dissident illegal armed groups of the defunct Revolutionary Armed Forces of Colombia – People’s Army (FARC-EP); and (ii) the bulletin on the context of the rights of ethnic peoples in the framework of the armed conflict from January to June 2025, in which the Ombuds Office urged the authorities to take urgent measures to prevent and tackle the structural causes that sustain violence in the ethnic territories.

More specifically, with regard to indigenous human rights defenders, the Committee notes the Government’s indication that between 2016 and 2025 a total of 257 murders of indigenous leaders were recorded. The Government explains that 120 cases are at the preliminary investigation stage, 50 are the subject of preliminary investigations involving arrest warrants, 16 are under full investigation, 35 are the subject of trial proceedings, 20 have resulted in convictions, two have resulted in acquittals, nine have been shelved and five have been dismissed. In this regard, the Committee notes that both the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations of 2025, and the United Nations Human Rights Committee, in its concluding observations of 2023, expressed concern not only at the high levels of aggression against human rights defenders, particularly those who defend land restitution or engage in the defence of the environment, but also at the low number of convictions (E/C.12/COL/CO/7; CCPR/C/COL/CO/8).

The Committee also notes that, according to the press release of 20 June 2025 available on the official website of the Ombuds Office, in the first few months of 2025 a total of 81 murders of human rights defenders were recorded, with the heaviest impact on the social sector (leaders of communes (16 cases) and communities (15 cases)), followed by the indigenous sector (14 cases). Between January 2016 and May 2025, a total of 1,569 leaders (women and men) were murdered.

The Committee notes with deep concern this information, which signifies a climate of violence in the country that affects the effective exercise and enjoyment of the rights established in the Convention. The Committee therefore strongly urges the Government to intensify its efforts to ensure a climate free of violence in which the life, physical and psychological integrity of indigenous peoples and their representatives is protected. In this regard, the Committee requests the Government to take the necessary steps without delay to investigate the murders of, and acts of violence against, indigenous leaders and the representatives and members of indigenous peoples, including in regions where illegal armed groups are present, to establish responsibility and to punish the perpetrators. The Committee recalls in this regard the importance of justice being delivered rapidly to prevent the development of a climate of impunity which has an impact on the exercise of the rights of the peoples protected by the Convention. The Committee also requests the Government to take coordinated and systematic action to prevent acts of violence and ensure the exercise of the fundamental rights and freedoms enshrined in the Convention. The Committee requests the Government to keep it informed in this respect.

2. Implementation of the Peace Agreement. Reparations. With regard to the measures adopted to implement the ethnic chapter of the “Final Agreement to end the armed conflict and build a stable and lasting peace” (Peace Agreement), the Committee notes Decree No. 820 of 2023 establishing the National Commission for Historical Reparation, whose objective is to coordinate and link intersectoral efforts to implement policies and programmes aimed at historical reparation and overcoming the impact of racism, discrimination and colonialism on ethnic peoples. The Government also indicates that a National Action Plan on human rights is being developed, which is progressing in the context of compliance with the Peace Agreement. The Plan has a cross-cutting ethnic focus in order to ensure the effective participation of ethnic peoples and overcome historical gaps. The Committee also duly notes the detailed information sent by the Government on the various contracts signed by the Colombia Peace Fund for the implementation of programmes in favour of indigenous peoples related to development projects with a territorial focus, comprehensive care for victims, and social planning processes relating to the use of rural property.

The Committee also notes that, according to the 20 November 2023 press release from the Peace Agreement Implementation Unit, indigenous peoples, Black, Afro-Colombian, Raizal, Palenquero and Roma communities and the Government reaffirmed their commitment to effectively advance the implementation of the ethnic chapter of the Peace Agreement with the signing of a covenant that focuses on four fundamental aspects: comprehensive rural reform in ethnic territories; victims and compliance with ethnic safeguards; participation, protection and individual and collective security; and guarantees of international support.

The Committee also notes that Act No. 2078 of 2021 extended the validity of Act No. 1448 of 2011 (on comprehensive care, assistance and reparation for victims of the internal armed conflict) and its implementing decrees for a further ten years. The Committee further notes the 2024 management report of the Victim Care and Reparation Unit, according to which, as of 31 December 2024, there are 1,052 individuals with access to the collective reparation programme, who are included in the single register of victims (RUV), of whom 752 are ethnic individuals (468 belong to indigenous communities and peoples, 283 to Black, Afro-Colombian, Raizal and Palenquero communities, 231 to peasant-farming (campesino) communities and 69 to organizations and groups).

The Committee further notes that both the United Nations High Commissioner for Human Rights, in his final report of 12 July 2024 on the situation of human rights in Colombia, and the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations of 20 October 2025, expressed concern about ongoing delays in the implementation of the Peace Agreement (E/C.12/COL/CO/7; A/HRC/55/23).

The Committee urges the Government to intensify its efforts to restore stable and lasting peace, including through the full implementation of the Peace Agreement, so that violence ceases and the full exercise of the human and collective rights of the peoples protected by the Convention is guaranteed. The Committee requests the Government to provide information on: (i) the results achieved in the implementation of the Peace Agreement and the National Action Plan on human rights; (ii) the activities carried out by the National Commission for Historical Reparation relating to the implementation of measures aimed at historical reparation; (iii) the measures taken to implement the collective reparation plans and ethnic safeguard plans; and (iv) the manner in which indigenous peoples participate in aspects that concern them in the implementation of these measures.

3. Situation of vulnerability and precarity of the Wayuu indigenous communities. The Committee notes the Government’s indication that, by Ruling T-302 of 2017, the Constitutional Court examined the systematic violation of the rights of Wayuu children in La Guajira, especially their rights to health, drinking water, food and food security. The ruling declares the situation in La Guajira unconstitutional on account of the deaths of more than 4,770 young persons from malnutrition-related causes. The Government reports on measures taken to address this situation, such as: (i) the construction of 12 water collection and distribution systems, which has benefited 3,500 members of the Wayuu population; (ii) the establishment of ecological flows in rivers affected by mining; and (iii) the ongoing monitoring and follow-up of the use of water sources, in order to guarantee the critical minimum flow and avoid impacting the availability of water in indigenous communities. The Committee also notes that the IOE and ANDI refer in their observations to follow-up Order No. 1179 of 2025, in which the Constitutional Court observed that, since the notification of the ruling, 729 Wayuu children have died in the municipalities of Uribia, Manaure, Maicao and Riohacha, 849 in the department of La Guajira and 5,564 throughout the country. The Court considers that after seven years it is unacceptable that the figures on malnutrition and infant mortality have not decreased significantly.

The Committee further notes that, according to the final report on the visit to Colombia by the United Nations Special Rapporteur on the rights of indigenous peoples, in La Guajira the basic needs of 81.1 per cent of the Wayuu population are not met, and 53.3 per cent live in extreme poverty. In the last decade, more than 5,000 Wayuu children have died of malnutrition and dehydration, despite Constitutional Court Ruling T-302 of 2017. In this regard, the Special Rapporteur states that the monthly delivery of water tankers is a woefully inadequate response to the structural problem of access to water (A/HRC/57/47/Add.1).

The Committee notes with deep concern this information, which indicates the inadequacy of state intervention to tackle the situations of extreme poverty, malnutrition and dehydration faced by children belonging to the Wayuu indigenous population. The Committee urges the Government to take the necessary measures without delay to guarantee the life and physical integrity of the Wayuu indigenous population and put an end to the situation of precarity, malnutrition and dehydration affecting this community. The Committee requests the Government to provide information on this matter, indicating the action taken further to Constitutional Court Order No. 1179 of 2025 and the manner in which members of the affected communities participate in the design, implementation and evaluation of the measures adopted.

Articles 6, 7 and 15. Consultations. 1. Development projects. The Committee recalls that in its previous comments it asked the Government for information on the practical application of the guidelines for conducting prior consultation with ethnic communities (Presidential Directive No. 10 of 2013), as well as on progress on the adoption of regulations on prior consultation. The Government indicates that the Directorate of National Authority and Prior Consultation (DANCP) was established at the Ministry of the Interior. The DANCP issues guidelines on whether prior consultation is appropriate in the context of the issuing of legislative or administrative measures or the implementation of projects, works or activities that may directly affect ethnic communities (Decree No. 2353 of 2019). The Government also indicates that Presidential Directive No. 8 of 9 September 2020 amended Presidential Directive No. 10, replacing and modifying several stages of the guidance on prior consultation. The consultation consists of five stages: (i) determination of whether prior consultation is appropriate; (ii) coordination and preparation; (iii) pre-consultation; (iv) prior consultation; and (v) follow-up on agreements.

The Committee notes that the IOE and ANDI maintain that, despite the progress made by previous governments, it has not been possible to consolidate the agreements needed to move forward with draft regulations on prior consultation. The Committee also notes that the CUT, the CTC and the CGT refer to various difficulties relating to the consultation processes: (i) a lack of understanding of the real scope of key wind farm projects for energy transition that directly affect Wayuu communities, which nullifies their ability to make informed decisions; (ii) the importance of respecting the right to prior consultation of indigenous peoples so that they are part of decision-making in relation to the “Energy transition policy and strategic minerals mining strategy 2022”; and (iii) the need to strengthen mining closure regulations, emphasizing that the State and the company must engage in dialogue with communities to jointly define processes of prior consultation on closure plans, comprehensive reparation for damage caused, environmental restoration and verifiable investment commitments.

The Committee recalls that Article 6 of the Convention provides that consultations shall be carried out in good faith and in a form appropriate to the circumstances, with the objective of achieving agreement or consent, so that, as a tool for participation, they allow for the full expression of the views of the peoples concerned in order to influence the outcome and achieve consensus. The Committee requests the Government to indicate the measures taken to ensure that full and informed consultations are carried out when projects are planned in the territories of indigenous peoples. The Committee also requests the Government to take the necessary steps to enable the DANCP to carry out its function and to train indigenous peoples and competent public officials on the consultation process established in the guide for conducting prior consultation. The Committee further requests the Government to provide information on the consultation processes conducted by the DANCP, especially those related to energy transition, on the agreements reached and the difficulties encountered, and also on the mechanisms in place to ensure the participation of the peoples covered by the Convention in the benefits of development projects undertaken on their lands.

2. Studies on the social, spiritual, cultural and environmental impact of development activities. The Committee notes that the CUT, CTC and CGT refer to the Yukpa people living in the Perijá mountains (on the border between Colombia and Venezuela), who have reported that coal mining projects in the Cesar mining corridor have had a serious impact on their ancestral territories through the pollution of water sources, health effects and loss of their traditional productive base. They point out that the projects went ahead without adequate participation processes or respect for the collective rights of this community, which has led to displacements, cultural fragmentation and social conflict. The Committee requests the Government, pursuant to Article 7(3) of the Convention, to indicate: (i) the social, spiritual, cultural, and environmental impact studies carried out in the context of the coal mining projects in the Cesar mining corridor; (ii) the manner in which the peoples inhabiting this region cooperate in these studies; (iii) whether the results of these studies have been considered as fundamental criteria for the implementation of coal mining activities; and (iv) the agreements reached.

3. Fee for conducting prior consultation. Referring to its previous comment, the Committee notes that, by Ruling C-493 of 2020, the Constitutional Court declared section 161 of Act No. 1955 of 2019, which established a fee for conducting prior consultation, to be unenforceable.

The Committee is raising other matters in a request addressed directly to the Government, in which it welcomes the adoption of measures concerning the establishment of an indigenous intercultural health system and an indigenous education system.