Colombia recognizes Indigenous Peoples as Environmental Authorities ahead of COP16

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Indigenous People in San Miguel, Vaupés
Jaguar shamans perform a sacred ritual in Colombia's Vaupés department.

President Gustavo Petro has issued a decree recognizing indigenous peoples as environmental authorities in their territories. This decision comes as Colombia prepares to host the 16th Conference of the Parties (COP16) on biodiversity from October 21 to November 1, a pivotal summit that has raised expectations for action on environmental issues.

Indigenous organizations in Colombia have long advocated for the formalization of territorial entities mandated by the 1991 Constitution. These entities are designed to provide political, legal, and administrative autonomy to indigenous communities, similar to the governance structures in over 1,100 municipalities and 32 departments across the country. The newly recognized authority is expected to empower 115 indigenous communities to manage their natural resources and protect the Amazon, which covers 44% of Colombia’s territorial surface.

“The decree defines indigenous authorities as environmental authorities for their populations and territories,” said Environment Minister Susana Muhamad. “These communities will exercise governance based on their ancestral knowledge and practices.”

Under the decree, indigenous peoples will have sovereignty over their lands, enabling them to formulate rules for the management and conservation of their ecosystems, plan budgets, and make decisions regarding land use. The specifics, however, of how these powers will be exercised remain unclear.

Critics of the decree, including several farmers’ organizations, have raised concerns over what constitutes a territorial boundary, fearing potential restrictions on the use of essential natural resources such as water. Departmental agencies that oversee conservation efforts argue that without clear definitions, indigenous governance could clash with community-led projects, from agriculture to eco-tourism.

President Petro emphasized the importance of Decree 1275 of 2024 in addressing historical injustices faced by indigenous peoples. “No one knows better than indigenous communities how to achieve a balance between humanity and nature,” he said in a statement on social media. “Today, we reaffirm their rights by signing this decree, which acknowledges their role as custodians of the environment.”

The Colombian Constitution recognizes the country’s rich ethnic and cultural diversity, with at least 115 indigenous groups and over 65 native languages. However, despite constitutional provisions for establishing indigenous territorial entities, over three decades have passed without significant progress. The Constitutional Court had previously criticized this delay, declaring it unconstitutional.

In 2023, the high court issued a ruling emphasizing the need for prompt action to formalize indigenous entities, stating: “There is no valid constitutional reason for the continued delay.” In the absence of comprehensive legislation, the government of former President Juan Manuel Santos issued a temporary decree in 2018 aimed at recognizing the role of ancestral authorities in non-municipalized areas.

Decree 1275 empowers indigenous communities to play a vital role in biodiversity conservation at a time when the Amazon faces unprecedented threats from deforestation and climate change. This vast region, which includes the Orinoco watershed, is home to some of the world’s most diverse ecosystems and is crucial for global climate stability.

As COP16 approaches, indigenous representatives hope the UN conference will bring international attention to their struggles and highlight the importance of their traditional ecological knowledge in addressing environmental challenges. “This is a unique opportunity for the world to recognize the rights and knowledge of indigenous peoples,” said an indigenous leader during the presentation of the decree on Tuesday. “It represents a long-awaited acknowledgment of our rights.”

As Colombia prepares to host conservation experts and stakeholders in the climate change agenda, COP16 may well determine the future of indigenous communities and their ability to shape environmental policy both at home and globally. The conference also serves as a platform for dialogue between government officials, scientists, and indigenous leaders, to create a roadmap for sustainable development goals.