IACHR welcomes decree strengthening Indigenous peoples' right to self-determination in Colombia

July 16, 2025

Washington, DC—The Inter-American Commission on Human Rights (IACHR) welcomes the issuing of Decree 488 of May 5, 2025, which establishes regulations for the governance of Indigenous Territories in Colombia. This measure marks an important step toward the effective recognition of Indigenous peoples' right to self-determination and self-governance in their ancestral lands.

In accordance with article 329 of the Colombian Constitution, the decree provides a legal framework for the creation of Indigenous Territorial Jurisdictions (ETIs) as autonomous political and administrative structures. These jurisdictions will have authority over key areas such as health, education, Indigenous justice, land management, and environmental protection. The decree also includes mechanisms for autonomous financing, self-government, and independent planning, along with safeguards for cultural identity—including a provision allowing for cultural objection to projects that may affect Indigenous peoples' worldviews or ways of life.

The right to self-determination enables Indigenous peoples to freely determine their political, economic, social, and cultural systems in accordance with their own institutions and values. This right is enshrined in the American Declaration on the Rights of Indigenous Peoples and has been reaffirmed by the jurisprudence of the Inter-American Court of Human Rights (IA Court). The IA Court has emphasized that Indigenous peoples must be able to exercise control over their lands and resources. They must also be able to participate meaningfully in all decisions that affect them, through processes of free, prior, and informed consultation and consent.

The IACHR acknowledges the collaborative efforts of Indigenous authorities, representative organizations, and public institutions in drafting this decree. Likewise, it urges the Colombian State to ensure the decree is implemented in a practical, effective, and culturally appropriate manner, supported by adequate technical and financial resources, in order to safeguard the progress achieved to date from potential setbacks.

Finally, the IACHR calls on all other States in the region to recognize and strengthen Indigenous peoples' territorial rights and right to self-determination through legal frameworks and public policies that promote inclusion, autonomy, and respect for cultural diversity. These are essential for advancing the rights of Indigenous peoples across the Americas.It also notes that its report entitled The Right to Self-Determination of Indigenous and Tribal People analyzes international standards and makes recommendations to States to support efforts that further acknowledge and implement this right.

The Inter-American Commission on Human Rights (IACHR) is an autonomous body of the Organization of American States (OAS) whose mandate is based on the OAS Charter and the American Convention on Human Rights. Its mission is to promote and defend human rights throughout the Americas and to serve as an advisory body to the OAS in this area. The IACHR consists of seven independent members elected by the OAS General Assembly who serve in a personal capacity and do not represent their countries of origin or residence.

No. 142/25

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