E/CN.4/1995/78
page 21
(a)
The establishment of a special constituency which will enable the
black communities to have a minimum of two seats in the Congress of the
Republic;
(b)
The right of collective ownership for communities occupying
uncultivated land in rural areas adjoining Pacific basin watercourses;
(c)
Rights relating to subsoil resources;
(d)
The right to an education consistent with the needs and cultural
aspirations of these communities;
(e)
The participation of the black communities in the basic machinery
for defining social policy, such as the territorial planning boards (Consejos
Territoriales de Planeación) and the executive boards of the regional
autonomous assemblies (Consejos Directivos de las Corporaciones Autónomas
Regionales); etc.
95.
In accordance with the provisions of transitional article 56 of the
Constitution, Decrees Nos. 1088 and 1809 of 1993 were adopted, regulating the
right of indigenous communities to self-government according to their own
customs, as proclaimed by article 330 of the Constitution. Article 330
provides as follows:
"In accordance with the Constitution and the laws, the indigenous
territories shall be governed by councils constituted and regulated
according to the customs of the communities they represent and performing
the following functions:
1.
Ensuring the implementation of laws and regulations relating to
land use and the settlement of the territories concerned;
2.
Devising economic and social development policies, plans and
programmes for their territory, in unison with the National Development
Plan;
3.
Encouraging and ensuring the proper use of public investment in
their territory;
4.
Raising revenue and distributing resources;
5.
Watching over the conservation of natural resources;
6.
Coordinating programmes and projects implemented by the various
communities in their territory;
7.
Cooperating in the maintenance of public order in their territory,
in accordance with the instructions and decisions of the national
Government;