A/49/415/Add.1
English
Page 11
"(3) Promote public investment in their territories and monitor their
proper implementation;
"(4) Collect and distribute their funds;
"(5) Oversee the conservation of natural resources;
"(6) Coordinate the programmes and projects promoted by the various
communities in their territory;
"(7) Collaborate in the maintenance of public order within their
territory in accordance with the instructions and provisions of the
national Government;
"(8) Represent the territories before the national Government and
before other entities to which they belong; and
"(9) Other functions stipulated by the Constitution and the laws.
"The exploitation of the natural resources in the indigenous
territories shall be carried out without endangering the cultural, social
and economic integrity of the indigenous communities. The Government shall
encourage the participation of representatives of the respective
communities in decisions adopted with regard to such exploitation".
53. Article 246 of the National Constitution grants indigenous peoples
jurisdictional functions, which must be exercised in accordance with their
practices and customs, provided that they are not contrary to the Constitution
and the law:
"The authorities of the indigenous peoples may exercise their
jurisdictional functions within their own territory in accordance with
their own rules and procedures, provided that they are not contrary to
the Constitution and the laws of the Republic. The forms of
coordination between this special jurisdiction and the national
judicial system shall be established by law."
54.
In the opinion of the Constitutional Court:
"The situation of the members of indigenous communities differs
from that of other territorial entities in that the former enjoy
autonomy within their territories not only with respect to
administrative, budgetary and financial matters, as may be the case in
the departments, districts and towns, but also in the political and
legal spheres, to the extent allowed by law; this means that they are
able to elect their own authorities, which exercise jurisdictional
functions within their territory. This is nothing less than the
recognition and partial fulfilment of the principle of participatory
and pluralistic democracy and respect for the ethnic and cultural
diversity of the Colombian nation."
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