E/CN.4/1997/71/Add.1
page 7
17.
As regards the indigenous populations, it is important to note at the
outset that their assertion of identity and aspirations to autonomy led in the
colonial era to the delimitation of territories enjoying a degree of autonomy,
the resguardos , which were under the authority of Amerindian chiefs, the
Cabildos . After Colombia achieved independence, attempts were made to
dismantle those territorial entities but, thanks to resistance by the
indigenous populations, the protected areas over which the indigenous
communities have inalienable collective ownership rights were maintained and
strengthened by Act No. 89 of 1890. Subsequent laws would be based on those
acquired rights and new
resguardos would continue to be established.
18.
Thus in accordance with the provisions of transitional article 56 of
the 1991 Constitution, Decrees Nos. 1088 and 1809 of 1993 were adopted,
establishing regulations relating to the right of the indigenous communities
to govern themselves according to their traditions and customs, as laid down
in article 330 of the Constitution. This article reads as follows:
“In accordance with the Constitution and the laws, the indigenous
territories shall be governed by councils formed and regulated according
to the customs of their communities and shall exercise the following
functions:
(a)
Supervise the application of the legal regulations
concerning the use of land and settlement of their territories;
(b)
Design the policies, plans, and programmes of economic and
social development within their territory, in accordance with the
National Development Plan;
(c)
Promote public investments in their territories and
supervise their proper implementation;
(d)
Collect revenue and distribute funds;
(e)
Supervise the conservation of natural resources;
(f)
Coordinate the programmes and projects executed by the
different communities in their territory;
(g)
Cooperate in maintaining public order within their
territory, in accordance with the instructions and decisions of the
national Government;
(h)
Represent the territories before the national Government and
the other entities within which they are integrated; and
(i)
Other matters stipulated by the Constitution and the law.
Natural resources in the indigenous territories shall be developed
without harm to the cultural, social, and economic integrity of the
indigenous communities. The Government shall encourage participation by
representatives of the communities concerned in decisions adopted in
relation to that development.”