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.”

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