Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Colombia (Ratification: 1991)

Article 1 of the Convention. Peoples covered by the Convention. The Committee notes the results of the 2018 National Population and Housing Census, included by the Government in its report, according to which 21 per cent of the indigenous population surveyed resides in municipal capitals, 54.4 per cent in indigenous reservations, 1 per cent on the lands of Black communities and 23.6 per cent in centres of population or scattered rural areas outside reservations or lands of Black communities. The Committee notes Act No. 2335 of 2023 establishing the general legal framework for the use of official statistics for decision-making on public policies, plans, programmes and projects. The Act establishes a differential approach as a method of analysis to obtain and disseminate information on particular population groups in relation to their ethnic affiliation and cultural identity (section 4). The Committee requests the Government to provide information on the application in practice of Act No. 2335 of 2023, specifying whether, under this new framework, up-to-date data on the socio-economic situation of the peoples protected by the Convention have been collected and, if so, to forward such data.

Article 4. Protection of the rights of indigenous peoples in isolation. With regard to the protection measures adopted within the framework of the “National system for the prevention and protection of the rights of indigenous peoples in isolation or in a natural state”, the Government indicates that it has been implementing Partnership Agreement No. 1621 of 2024, signed with the National Organization of the Indigenous Peoples of Amazonia (OPIAC), which represents 64 indigenous peoples (including the Yurí Pasé people, who are in isolation). The agreement aims to establish guidelines for the prevention of health risks to indigenous peoples in isolation or in a natural state in the Amazon region. The Government indicates that it hopes to make progress on developing guidelines to ensure the survival of these peoples, based on their autonomy and self-determination. The Committee also notes that, according to information available on the website of the Land Restitution Unit (URT), the first precautionary measure to protect indigenous peoples in voluntary isolation in Amazonia has been filed. The Committee requests the Government to continue providing information on the measures taken within the framework of the “National system for the prevention and protection of the rights of indigenous peoples in isolation or in a natural state”, indicating how it is ensured that this system has the necessary means and resources to achieve its objectives. The Committee also requests the Government to provide information on the filing of precautionary measures by the URT to protect indigenous peoples in voluntary isolation.

Article 7. 1. Indigenous territories. The Committee recalls that the Political Constitution of Colombia identifies indigenous territories as one of the territorial entities, with autonomy regarding the management of their interests, within the limits of the Constitution and the law. The Committee duly notes the measures adopted by the Government to regulate the functioning of indigenous territories and their coordination with other territorial entities, in particular through: (i) Decree No. 488 of 2025, which regulates aspects such as financing, coordination with other territorial entities and state authorities, and the formalization of their powers and functions; and (ii) Decree No. 482 of 2025, which establishes a transitional regime and provides instructions for the functioning, for political and administrative purposes, of the Zona Norte Extrema indigenous territory in Alta Guajira. In this regard, the Committee notes that the International Organisation of Employers (IOE) and ANDI point out in their joint observations that these decrees are under review by the Constitutional Court for possibly being unconstitutional, given that the matters regulated are subject to basic law, which creates a high degree of legal uncertainty for ethnic communities.

The Committee requests the Government to indicate the steps taken to implement Decrees Nos 482 and 488 of 2025 and to provide information on: (i) the functioning of the indigenous territories; (ii) the manner in which these entities coordinate with other territorial entities and state authorities; and (iii) the extent to which these decrees have influenced the participation of indigenous peoples in the policies and programmes that concern them (at the national, departmental and indigenous territorial levels). The Committee also requests the Government to provide copies of any judicial decisions regarding the constitutionality of Decrees Nos 482 and 488 of 2025.

2. Development. The Committee notes Act No. 2294 of 2023, adopting the National Development Plan (PND) 2022–26. The Committee duly notes the Government’s indication that, in order to consolidate the National Plan, a free and informed prior consultation process was carried out in the Standing Dialogue Forum (MPC). The National Plan has five components: (i) land use planning with regard to water; (ii) human security and social justice; (iii) the human right to food; (iv) changes in relation to production, internationalization and climate action; and (v) regional convergence. The Committee requests the Government to provide information on the measures taken within the framework of the 2022–26 National Plan to promote development and improve the living and working conditions of indigenous communities, as well as on the evaluations carried out, indicating how the peoples protected by the Convention participate in its implementation and evaluation. The Committee also requests the Government to indicate the manner in which the indigenous communities themselves are enabled to decide their own development priorities.

Articles 7 and 15. Natural resources. Impact studies on mining activities. With regard to mining projects approved after a consultation process, the Government indicates that between 2019 and 2023 a total of 84 prior consultation processes were carried out with indigenous and Afro-Colombian communities and that, as a result of these processes, mining companies implemented 38 environmental compensation plans aimed at restoring strategic ecosystems, managing wildlife and rehabilitating affected areas, resulting in the recovery of 2,517 hectares. The Committee duly notes the Government’s indication that the conditions agreed with the communities are incorporated into the administrative acts of approval, together with measures derived from environmental, social and cultural impact studies. The Government also indicates that Decree No. 1275 of 2024 recognizes and strengthens the role of indigenous authorities within the national environment system, guaranteeing the exercise of their functions in environmental land use planning, preservation and sustainable management of natural resources. The Committee requests the Government to continue providing information on: (i) the consultation processes carried out in relation to mineral resource exploration and exploitation activities undertaken in the territories of the peoples concerned; (ii) the cooperation of these peoples in studies assessing the social, spiritual, cultural and environmental impact of such activities; and (iii) how Decree No. 1275 has made it possible to strengthen such cooperation.

Articles 4(1), 7(4) and 15(1).1. Special protection for natural resources. With regard to measures adopted to protect the environment, including rivers, in the territories inhabited by the peoples covered by the Convention, the Government notes that 147 environmental management plans have been implemented, including actions to control discharges of wastewater, protect waterways and the surrounding areas, and restore river basins. Within this framework, recovery has been effected in 1,890 hectares of river basins affected by mining exploitation and 215 water quality monitoring measures have been carried out in rivers and gorges adjoining the projects. These measures have been implemented in coordination with the National Environmental Licensing Authority and regional environmental authorities.

While taking note of these measures, the Committee observes that there are still cases of pollution of water sources as a result of illegal mining. The Committee refers in particular to the official statement of 25 September 2025 by the Ombuds Office, which points to the lack of tangible improvements in the quality of the water of the Atrato River and the worrying ongoing expansion of illegal mining, as well as to Constitutional Court Ruling T-106 of 2025, which ordered the Government to initiate a strategy for environmental remediation and conservation in the Jaguares del Yuruparí macroterritory in the Amazon region.

The Committee also notes that the IOE and ANDI refer to the issuing of regulations prohibiting the use of land for mining within the “agricultural frontier”, which would correspond to 37.8 per cent of national territory. They point out that these regulations are the subject of a legal challenge and consider that, if the challenges are upheld, they would render unviable an activity on which many ethnic peoples and peasant-farming (campesino) communities in the country depend for their livelihood.

While recognizing the complexity of the situation in the country on account of the presence of armed groups involved in illegal mining, the Committee requests the Government to continue taking measures, in cooperation with the peoples concerned, to combat illegal mining in their territories and to protect and preserve the environment, including the rivers in the territories which they inhabit.

2. Exploitation of natural resources. The Committee observes that the Constitutional Court, in Ruling T-470 of 2024, reiterated the jurisprudential sub-rule established in its Ruling SU 123 of 2018, which established that prior consultation is required when there is reasonable evidence that a measure is likely to directly affect an indigenous people or an Afro-Colombian community. The Committee recalls that Article 15(2) of the Convention lays down the obligation to establish or maintain procedures for consulting the peoples concerned, with a view to ascertaining whether and to what degree their interests would be prejudiced, before undertaking or permitting any programmes for the exploration or exploitation of such resources pertaining to their lands. The Convention does not require evidence of a possible impact as a condition for consultation. The Committee therefore requests the Government to indicate how it ensures that, when programmes for the exploration or exploitation of resources existing on the lands of peoples protected by the Convention are planned, the scope of the consultation is not limited to addressing the existence of reasonable evidence of direct impact.

Articles 14, 17 and 19. Lands. The Committee takes due note of the strengthening of the legal and institutional framework relating to land restitution and land use management for the peoples covered by the Convention. The Committee notes the adoption of:

• Act No. 2294 of 2023, under which, regarding the management of territories, formalized or otherwise, of the peoples covered by the Convention, the principles of each people’s own law shall be respected and complied with. The principles defined by the indigenous peoples shall be binding on all public and private actors (section 32);
• Decree No. 1406 of 2023 on the reactivation of the national agrarian reform system, which establishes mechanisms for the planning, coordination, implementation, evaluation and monitoring of activities related to agrarian reform and rural development, and guarantees the participation and consultation of, and social dialogue with, indigenous, Black, Afro-Colombian, Raizal and Palenquero communities and the Roma people;
• Decree No. 462 of 2025 regulating the implementation of the multipurpose land registration policy in indigenous territories, formalized or otherwise. The decree refers to a process of free and informed prior consultation between the government and the indigenous peoples represented in indigenous organizations and the Standing Dialogue Forum (MPC).

With regard to the processes of land restitution in favour of indigenous and Afro-Colombian communities, the Government indicates that the National Land Agency (ANT) had a budget allocation of 4.1 billion Colombian pesos, which enabled it to strengthen its technical structure, increasing the number of offices from 8 to 92, the number of agronomists from 9 to 60, and the number of land registry officials from 1 to 20. The Government also indicates that, as of May 2025, the Land Restitution Unit (URT) had handed over more than 92,500 hectares to indigenous and Afro-Colombian communities on the Pacific coast of Cauca, including two indigenous reservations and two community councils for Guapi Abajo, Nueva Bellavista, Partidero, Playón del Río Sigúí and San Miguel de Infi. Between 2011 and August 2022, 19 judgments were handed down enabling the recovery of 154,350 hectares for 9,523 families. The Government also indicates that the ANT handed over more than 70,000 hectares in the form of 276 plots in 24 departments and that, in total, by the end of 2024, the ANT had acquired 448,544 hectares, formalized 1,277,049 hectares and granted title to 193,845 persons in 136 municipalities, including the establishment of 82 indigenous reservations, the expansion of 57 and the titling of 63 Afro-Colombian communities. The Government also states that the Observatory for Indigenous Territorial Rights (CNTI-STI) coordinates inter-institutional forums with the URT and ANT to resolve complex cases, establish security protocols, and monitor administrative formalization acts every two months.

In this regard, the Committee notes that the IOE and ANDI refer to reports from the supervisory bodies of the Public Prosecutor’s Office, which warn of difficulties in implementing the public policy on returns and relocations, especially in terms of security and access to resources. Slow implementation and lack of continuity in actions have prevented sustainable progress.

The Committee encourages the Government to continue taking measures to carry out procedures to identify and restore the lands traditionally occupied by the peoples concerned and to ensure the effective protection of their rights of ownership and possession. The Committee requests the Government to provide information on: (i) the actions taken by the ANT and URT in relation to land restitution processes; (ii) the communities that have benefited and the areas that have been handed over; and (iii) the actions taken by the Observatory for Indigenous Territorial Rights (CNTI-STI) to resolve complex cases and territorial disputes.

Articles 20–22. Conditions of employment. Vocational training. With regard to measures to strengthen the professional, occupational and commercial skills of indigenous peoples, the Committee takes due note of Act No. 2466 of 2025 on labour reform, which establishes that, within 12 months after the Act comes into force, forums for participation will be promoted to enable the development of a regulatory instrument to determine the types of protection, procedures and conditions for guaranteeing decent and dignified work for indigenous communities. In this regard, the Committee notes that the CUT, CTC and CGT indicate in their joint observations that there is no information on the progress of these regulations and that to date there is no established deadline for the holding of prior consultations. The Committee requests the Government to provide information on the forums for participation created for the peoples protected by the Convention with regard to the development of the regulatory instrument provided for in Act No. 2466 of 2025, as well as on the consultations carried out on this matter.

With regard to measures to enable the labour inspectorate to carry out its activities in border areas where indigenous migrant workers are present, the Government indicates that it has assigned inspectors to cross-border areas and adopted inspection protocols which take account of the particular features of each region and involve cooperation with local authorities and international organizations. The Committee notes that the “Annual plan for inspection and preventive technical assistance” for 2025 covers as a priority, within the scope of preventive technical assistance, vulnerable and informal population groups, including indigenous migrant workers in border areas. The Committee notes the detailed information on complaints from ethnic groups and investigations, according to which, between 2020 and 7 April 2025, a total of 154 complaints were received, 42 first-instance decisions were issued and 128 possible violations were investigated. The Committee encourages the Government to continue taking steps to ensure that the labour inspectorate can carry out its activities in areas and sectors predominantly occupied by indigenous peoples and in areas where there are significant migratory flows of indigenous workers, and to provide information on this matter (inspections carried out, training provided and violations observed).

Articles 24 and 25. Social security and health. With regard to the extension of the health and social security scheme to indigenous peoples, the Government refers to the adoption of Decree No. 064 of 2020, which enables local authorities and service providers to affiliate persons to the general health and social security scheme (SGSSS) who are uninsured or even those who are not classified in the system for identifying potential beneficiaries of social programmes (SISBEN). From the information provided by the Government, the Committee observes a general increase in the number of affiliated indigenous persons, which stood at 1,676,584 as of May 2025. The Committee also notes the Government’s indication that, although the growth of affiliations to the system is positive, coordinated work must continue between municipalities and indigenous governors to strengthen the use of automatic affiliation. The Committee encourages the Government to continue taking steps to ensure greater social coverage for the indigenous population, in particular by expanding use of the automatic affiliation mechanism, in cooperation with the authorities of the peoples concerned.

Furthermore, the Committee notes with interest the adoption of Decree No. 480 of 2025, which establishes and implements the indigenous intercultural health system (SISPI), whose objective is to develop and regulate the administration, management, financing and use of its resources. It also defines the mechanisms for coordination, linkage and complementarity with the SGSSS. The Committee also duly notes that, in Ruling T-128 of 2022, the Constitutional Court recognizes and extols traditional midwifery as ancestral knowledge and a fundamental right, and demands the integration of midwives into the SGSSS. The Committee requests the Government to provide information on the measures taken, firstly, to implement the SISPI and the manner in which indigenous communities participate in them, and, secondly, to promote access to traditional midwifery for the peoples covered by the Convention.

Part VI. Education. The Committee notes the detailed information provided by the Government regarding the consultation process carried out in the context of free and informed prior consultation with the Standing Dialogue Forum (MPC), regarding the development of an intercultural education system. The Committee notes with interest Decree-Law No. 0481 of 2025 establishing the indigenous education system (SEIP) and regulating the educational autonomy of indigenous peoples, and the structure and pedagogical, administrative and political components of the SEIP, including their own education from early childhood to university level, taking account of the particular cultural and linguistic features of each people and the preservation of its cultural identity. The Committee trusts that the Government will continue taking measures to ensure that the peoples protected by the Convention cooperate and participate in the implementation of the SEIP. The Committee requests the Government to provide information in this regard, also indicating any difficulties encountered and the number of students enrolled in the SEIP (at the primary, secondary and higher education levels).