In the international context, Colombia has led the way
in enforcing the rules governing prior consultation set
out in Convention No. 169 of the International Labour
Organization (ILO), to which our State is a party.
On the understanding that this Declaration’s approach to
prior consent is different and could amount to the possibility
of vetoing the exploitation of natural resources found in
indigenous territories, in the absence of an agreement,
which could halt processes of general interest, the contents
of this article are unacceptable to Colombia.
In addition, it is important to note that the constitutions
of many States, including Colombia’s, stipulate that the
subsoil and nonrenewable natural resources are the
property of the State to preserve and ensure their public
usefulness for the benefit of the entire nation. For that
reason, the provisions contained in this article are contrary
to the domestic legal order of Colombia, based on the
national interest.
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