E/CN.4/2005/88/Add.2
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F. Sustainable development and recognition of the indigenous identity
72.
In the area of development, a demand repeatedly put to the Special Rapporteur by
indigenous communities - because it has allegedly never been met - concerns the right to prior
consultation on a free and informed basis, as guaranteed under the Constitution and in
ILO Convention No. 169.
73.
Although certain companies, such as Ecopetrol, have stated their intention to comply
with this obligation, the information received indicates that there has not been a structured,
coherent or negotiated process of consultation with indigenous peoples by State or private bodies
operating in indigenous areas, or even by the State when drafting new legislation or policies
directly or indirectly affecting them. A legitimate way must be found to launch the necessary
consultation process in order to guarantee full respect for indigenous rights and indigenous
people’s full participation in decision-making in matters that affect their communities’ survival
and cultural identity.
74.
Another issue that repeatedly arises is the demand by some communities for official
recognition as indigenous under the Constitution. The Kankuamo of the Sierra Nevada, for
example, are calling for a reserve to be established for them, while the Muisca of Cundinamarca
are demanding official recognition as an indigenous people on the basis of ancient deeds dating
from colonial times. The Mokana people, in the department of Atlántico, also claim recognition
as an ethnic group, a status they claim was withdrawn by the Government in 2002.
The Colombian Movement of Indigenous Authorities (AICO) transmitted to the
Special Rapporteur, through the indigenous senator Efrén Felix Tarapues Cuaical, a
document containing the outline of a development plan for the Pasto people of the Andean
paramos on the Colombia-Ecuador border, which includes the following objectives: land
and environmental management, support for indigenous culture, creative participation,
autonomy for the sake of the people’s welfare, and fair trade.
G. Extension of basic social services
75.
The Government of Colombia is committed to a social policy of support for indigenous
peoples and for their development. The Constitution establishes a general subsidy scheme for
the indigenous reserves; these resources are required by law to be directed primarily towards
meeting basic needs in the areas of health, education, drinking water, agricultural development
and housing. In the absence of proper regulation, however, these funds do not go directly to the
communities, who complain that the municipalities unlawfully withhold payment or do not pay
out the full allocation, and that the amounts are in any case inadequate and have shrunk
considerably in recent years.
76.
The law establishes the principle of indigenous bilingual and intercultural education, and
shortly before the Special Rapporteur’s visit the Government announced that the public health
service was to be extended and expanded to cover Colombia’s entire indigenous population.