E/CN.4/2004/18/Add.3
page 6
10.
Act No. 70, which recognizes the right of the Black communities to collective ownership
of the uncultivated land of the regions that they inhabit, was adopted in 1993. The most
significant features of the Act are:
(a)
The right to collective ownership for the communities that have been occupying
uncultivated land in rural areas adjoining the rivers of the Pacific basin;
(b)
Rights over the resources of the subsoil;
(c)
The right to an education geared to the needs and cultural aspirations of these
communities (ethnic education);
(d)
Participation by the Black communities in the fundamental bodies for defining
social policies, such as the territorial planning councils (consejos territoriales de planeación) and
the executive boards of the autonomous regional assemblies (consejos directivos de las
corporaciones autónomas regionales).
11.
With regard to 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. These 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.
12.
Thus, in accordance with the 1991 Constitution, the indigenous communities acquired the
right to govern themselves according to their traditions and customs. Article 330 of the
Constitution provides that:
“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 in 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 various
communities in their territory;