A/HRC/16/45/Add.1 ownership and the legitimate representation of communities. In such complex and longstanding situations of displacement and dispossession of lands, research must take place to establish the historic membership of communities and collective rights to ownership of lands, with the vital involvement of community elders. The Government should facilitate dialogue and act as an honest and impartial broker. 77. Civil society organizations note that Community Councils have been designing territorial management plans and have presented several sustainable development plans to the National Planning Council (CONPES). They claim that these have received no consideration34. Community representatives urge measures to ensure the legitimacy of Community Councils, including election only by identified community members. C. The right to free, prior and informed consultation and consent 78. Afro-Colombian communities have the right to free, prior and informed consultation and consent relating to the exploitation of natural resources within their territories. Colombia has ratified International Labour Organization (ILO) Convention 169 on Indigenous and Tribal Peoples – Law 21 of 1991 – and an ILO expert committee has acknowledged the applicability of this Convention to the Afro-Colombian peoples35. Moreover, the Constitutional Court has defined Afro-Colombians as tribal peoples36 and has issued decisions in favour of their right to free, prior and informed consultation37. 79. However, Afro-Colombian communities commonly complained that consultation was not taking place or was held with people who do not legitimately represent community interests, and that procedures are unclear. In La Boquilla, an ancestral Afro-Colombian fishing community near Cartagena, Bolívar, the community explained that they had not been consulted regarding development of the coastal tourism industry that is encroaching upon their ancestral lands. Community representatives believe that the municipal authorities have earmarked their lands for sale to developers. One leader stated: “Before the judges even handed down a ruling they were already building. We are doomed to disappear”. 80. Decree 1320 of 199838 requires prior consultation when a project or activity is proposed on lands under collective ownership of an Afro-Colombian community, or permanently inhabited by communities even if they do not have property titles. It established consultation procedures which include the participation of representatives of Afro-Colombians, the Ministry of Interior, the Ombudsman’s Office and the Procurator General’s Office. If parties do not reach agreement about the impact of a project and measures to prevent, correct, or compensate for any damage, the environmental authority decides on the future of the project and the measures to address its impacts. The Government emphasizes the different stages of the consultation process including a Preconsultation phase39 in order to define the framework for consultation, train communities on 34 35 36 37 38 39 18 See AFRODES briefing paper at http://www.afrocolombians.com/pdfs/ACfactsheet.pdf Comisión de Expertos, 76.a sesión, 2005, Observación, Colombia (2006). See decision C-691 of 2001. For example, decisions T-955 of 2003, C-175 of 2009, T-769 of 2009 This Decree incorporates into domestic law the Government’s obligations under ILO Convention No. 169 (1989) concerning Indigenous and Tribal Peoples Convention, which it ratified in 1991. Importantly, ILO Convention 169 requires the prior and informed consent of communities before projects are implemented. Required by Constitutional Court judgement C-461 of 2008.