A/HRC/31/3/Add.2
autonomy, those rights remain unsatisfied owing to a lack of funds and agile, strong
national institutions specialized in intercultural approaches. Although indigenous and AfroColombian lives, territories and cultures have been disproportionately affected by the
conflict, the parties in Havana have yet to engage in dialogue with those populations to
ensure the success of the peace process.
96.
All persons have the right to participate in decisions affecting them. AfroColombians and indigenous peoples enjoy additional protections. OHCHR-Colombia
observed that oversight and evaluation of State investment for these populations are
impeded because State entities do not disaggregate their budgets and spending or make
such information accessible.
97.
Six years after the issuance of the Constitutional Court order to create an ethnic
protection plan — an administrative measure to prevent violations of collective territorial
rights — it remains insufficiently implemented. Only about 20 per cent of claims presented
by indigenous and Afro-Colombian victims of forced displacement, armed conflict and
megaprojects have been addressed by State institutions, and those have not achieved
effective protections. According to the Ministry of the Interior, 25 of 60 titling claims
submitted by Afro-Colombian communities have been processed, while 17 are currently
being processed.
98.
The High Commissioner previously welcomed the advance represented by Decree
No. 1953 of 2014 to enable the autonomous functioning of indigenous territories through
direct budgetary implementation of the General Participation System. However, regulatory
gaps and prerequisites, considered difficult to comply with by some indigenous reserves,
limited implementation. OHCHR-Colombia registered cases that confirm the urgent need to
fully implement the constitutionally recognized special indigenous jurisdiction and ensure
its respect by and coordination with judicial operators in the ordinary jurisdiction.
V. Recommendations
99.
The High Commissioner:
(a)
Calls upon the Government to unify, strengthen and make public its
systems on follow-up to recommendations of international and regional human rights
systems, and to include the participation of civil society when assessing their
implementation;
(b)
Urges the parties in Havana to seize the opportunity to dialogue with
indigenous peoples and Afro-Colombians to ensure that the peace agreements and
their implementation maximize the enjoyment of their collective and individual rights.
The final agreement should include specific reference to the commitment to ensure
respect for internationally and constitutionally recognized indigenous and AfroColombian rights in all aspects of implementation;
(c)
Encourages the Government to adopt all measures necessary, in the
current economic context, to maximize the potential of the peace agreements to bring
about a positive transformation of the human rights situation in Colombia, for
example by substantially redistributing the State’s human and financial resources;
(d)
Urges the Government to intensify planning exercises for the future
integrated system for truth, justice, reparation and non-recurrence, which will require
respect for international standards and, given its magnitude, greater human and
financial resources than any similar past or current transitional justice process
worldwide. This should include an informed budgetary exercise and flexible and agile
spending mechanisms;
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