The UN Declaration on the Rights of Indigenous Peoples is dedicated to the rights of Indigenous Peoples. Indigenous peoples globally, including in Australia, participated in a decade of UN meetings held in Geneva to develop and agree to the Declaration prior to it being adopted by the General Assembly in 2007.
The United Nations Permanent Forum on Indigenous Issues was established to complement the Declaration and promote Indigenous peoples' rights. It is made up of Indigenous peoples and government appointees, serving as independent experts. Indigenous peoples worldwide take part in the Forum discussion in New York every April.
Prior to the New York meeting, the Permanent Forum meets at the invitation of other countries, providing an opportunity for increased engagement with Indigenous peoples and governments across the world. Recently we met in Bogota, Colombia at invitation of the Colombian government, hearing firsthand about the significant challenges facing Colombia's Indigenous peoples today.
We were present in Colombia at a historic time – with a new government committed to social reform and Indigenous people's rights. We were welcomed by members of the new government including Francia Marquez the Vice President. Listening to her talk was incredible. She is the first Black woman elected to government in Colombia, a lawyer and an environmental activist.
Colombia has also appointed the respected Indigenous rights activist Leonor Zalabata Torres as Ambassador to the UN, showing its commitment to respecting the leadership of Black and Indigenous women.
In Colombia, the recognition of Indigenous Peoples rights is very advanced. It ratified the 169 ILO Indigenous and Tribal Peoples Convention, and the Constitutional Court has developed significant landmark cases recognizing and reaffirming important rights, including, self-determination, autonomy, territory, and Free, Prior and Informed Consent (FPIC).
Particularly, the Colombian Constitution adopted in 1991, recognizes important Indigenous peoples' rights as follows:
- The State recognizes and protects the ethnic and cultural diversity of the Colombian nation (Article 7); it is the obligation of the State to protect cultural assets (Article 8).
-The languages and dialects of the ethnic groups are also official languages within their territories; in communities with their own linguistic tradition, education shall be bilingual (Article 10). Instruction shall respect and develop their cultural identity (Article 68).
- The communal lands of ethnic groups and reservation lands cannot be taken away or attached (Article 63).
- Ethnic groups settled in areas of archeological treasures have special rights over that cultural heritage, which rights must be regulated by law (Article 72).
- The new Constitution creates senatorial posts and as many as five representatives to be elected by indigenous communities in a special national election (Article 176).
- Indigenous Peoples' authorities may also exercise jurisdictional functions within their territory and in accordance with their own laws and procedures (Article 246).
- In accordance with the Constitution and the statutes, the indigenous territories shall be governed by the councils formed and regulated according to the uses and customs of their communities (330)
In November 2016, the Colombian government reached a Peace Agreement with the Revolutionary Armed Forces of Colombia or FARC, the largest armed group. However, progress towards the Peace Agreement has been too slow and we met with Indigenous people in Choco and heard how they were suffering today from 'confinement' and being unable to hunt and fish on their own traditional lands. The Indigenous Guard are an essentially unarmed community defence force protecting their territories and peoples today. They carry only a baton with their colors, red, yellow, and green, and engage in protest – Resistencia – protecting their lands and peoples.
Indigenous Peoples are caught in the crossfire of criminals and rival armed groups fighting for control of their lands. They face 'Narcoterrorists' being heavily armed and fighting for control of coca production and drug trafficking routes and criminal gangs including the 'Guerilla' or ex FARC also fighting to regain territorial control. According to Human Rights Watch, since 2016, more than 400 human rights defenders, many Indigenous peoples' leaders, and human rights defenders, have been assassinated, as they protect their lands and cultures. Even women and children are killed with abductions and recruitment by such groups.
The Truth Commission was created under the Peace Accord. It handed down its final report in 2022, called for sweeping changes to police and military and rejected the US war against drug trafficking as having disastrous social and environmental impacts. We met with the Committee responsible for implementing the historic Truth Commission's report, learned of the work they are doing to relocate the bodies of victims and in memory of them, but were very concerned to also learn that the future of this critical work was in doubt due to resourcing.
It would be remiss not to mention Indigenous peoples' organisations, such as the National Indigenous Organization of Colombia, National Organization of the Indigenous Peoples of the Colombian Amazon; Tayrona Indigenous Confederation; Colombian Indigenous Authorities for the Pacha Mama; and Gobierno Mayor - Traditional Indigenous Authorities of Colombia and their important work in advocating for the rights of Indigenous Peoples.
The National Women's Commission, who spoke about women's rights and the importance of women's leadership. These national organizations highlight the significance of Indigenous advocacy and the role of representative bodies, relevant to our own national dialogue for a constitutionally protected Voice for Aboriginal and Torres Strait Islander peoples.
It was a privilege to visit Colombia, meet Indigenous Peoples, learn about their political situation and challenges, as well as hope the new government reflects. An Indigenous activist told us 'Don't forget Colombia', it would be impossible to forget Columbia and the Indigenous peoples who deserve the world's full attention and support.
We Indigenous peoples in Australia, as well as our government, also have much to learn from Colombia - a nation confronting its genocidal past, engaged in constitutional recognition and truth telling processes.
Dr Hannah McGlade is a Kurin Minang human rights expert and member of the United Nations Permanent Forum on Indigenous Issues.