4 -… indigenous communities’ free, prior and informed
consent before approving projects that could affect their
lands or territories and other resources.
This is because, although the Colombian State has included
in its legal order a wide range of rights intended to recognize, guarantee, and uphold the constitutional rights and
principles of pluralism and ethnic and cultural diversity in
the nation within the framework of the Constitution, the recognition of the collective rights of indigenous peoples is governed by legal and administrative provisions, in line with the
objectives of the State and with principles such as the social
and ecological function of property as well as State ownership of the subsoil and nonrenewable natural resources.
Accordingly, in those territories indigenous peoples
exercise their own political, social, and judicial organization.
By constitutional mandate, their authorities are recognized
as public State authorities with special status and, as
regards judicial matters, recognition is given to the special
indigenous jurisdiction, a significant advance compared to
other countries of the region.
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