Draft first regional report on the implementation of the Montevideo Consensus on Population and Development

Chapter III
Economic Commission for Latin America and the Caribbean (ECLAC)
However, there are still gaps in the implementation of rules, and the closure of these gaps requires
political will to take coordinated action in three areas. The <strong>first</strong> relates to the fact that the recognition of free
determination for indigenous peoples goes hand in hand with growing demands for autonomy in the countries
of the region, and consequently States must respect and support the self-government institutions and systems
of indigenous peoples, by strengthening their political, economic, social, cultural and spiritual institutions,
promoting organizational and technical capacities for their internal governance and their relationships with State
institutions. The second issue is the scant participation of indigenous representatives in branches of government,
which is irrefutable evidence of the considerable work that remains to be done to achieve full participation of
indigenous peoples in State institutions, amid decisive limitations in terms of information, economic capacity
and linguistic institutional barriers. In that regard, Mexico created a public office for the defence of the electoral
rights of indigenous peoples and communities under the electoral tribunal of the federal judiciary (TEPJF) in
2016, to ensure that they had free access to the defence of their political and electoral rights. Similarly, various
initiatives were led between 2013 and 2015 by the commission for the development of indigenous peoples, the
TEPJF and the national electoral institute, to promote the political participation of indigenous women and their
access to decision-making (Government of Mexico, 2018). The third area relates to the State’s duty to consult
and to cooperate in good faith with indigenous peoples through their representative institutions to obtain free,
prior and informed consent. States must therefore reach agreements and decisions that guarantee the rights of
indigenous peoples through consultation, by seeking mutual understanding and consensus in decision-making.
Colombia has considerable experience in this area. In 1996, the permanent committee for cooperation
with indigenous peoples and organizations was created with the aim of establishing cooperation between
indigenous organizations and the State on all the administrative and legislative decisions likely to affect these
peoples, guaranteeing free, prior and informed consent, according to international rules and the rulings of the
Constitutional Court on these matters (Government of Colombia, 2018). This involved the participation of five
national associations including: Autoridades Indígenas de Colombia (AICO), Organización Nacional Indígena
de Colombia (ONIC), Organización Nacional de los Pueblos Indígenas de la Amazonía Colombiana (OPIAC),
Confederación Indígena Tayrona (CIT) and Autoridades Tradicionales Indígenas de Colombia-Gobierno Mayor.
Moreover, some indigenous organizations in the regions group together several reserves or communities. The
national <strong>report</strong> also mentions other forums for cooperation with indigenous peoples where concerted decisions
are adopted, such as the national committee on work and education for indigenous peoples (CONTCEPI), the
health subcommittee of the permanent committee for cooperation with indigenous peoples and organizations,
the committee on the human rights of indigenous peoples, the Amazon <strong>regional</strong> committee, the committee
for cooperation with the Awá people and the committee for dialogue and cooperation with the Wayúu people.
As indicated in the national <strong>report</strong>, these cooperation committees have improved the processes of prior
consultation for several legislative initiatives, from the national development plan, the victims and land restitution
act, the land and rural development bill, the national agricultural census and the consultation process for the
national population and housing census, to the decree laws for the implementation of the peace agreements.
From July 2014 to date, the Government of Colombia has formalized 664 prior consultation agreements with
indigenous peoples, including the national development plan and the victims and land restitution act and the
respective regulatory decrees.
In 2015, Brazil decreed the establishment of a national council of indigenist policy (CNPI), a consultative
body comprising 15 members with voting rights representing the executive power, 28 members representing
indigenous peoples and organizations (of which 13 have voting rights) and 2 members with voting rights representing
indigenist entities (Government of Brazil, 2017). There are also forums for dialogue between the government and
indigenous people. For example, in 2012 an interministerial working group was created to promote dialogue with
indigenous peoples and communities to define regulations for the procedures and modalities of free, prior and
informed consultation, but an agreement has still not been reached. Meanwhile, various indigenous organizations
are advancing in the development of consultation protocols and guides that are adapted to international standards
(Government of Brazil, 2017). Costa Rica has Directive 042 on the building of a consultation mechanism for
indigenous peoples issued by the executive branch of government in 2015, which is described as a mechanism
to guarantee the right to participation and to safeguard the rights of indigenous peoples who may be affected
by administrative or legislative decisions (Government of Costa Rica, 2017).
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