Ethnic Peoples

Regulatory Framework and Public Policies

Impact on Cultural and Ethnic Public Policies:

Influence on public policies to achieve the recognition and appreciation of the artistic practices of ethnic communities. The following laws, decrees, and policies are the most relevant to sustain the mission of the Ethnic Peoples strategic line of recognizing and valuing the artistic traditions of ethnic communities, as well as promoting cultural and artistic diversity in Bogotá. The following is a list of the most relevant laws, decrees and policies that support this strategic line:

  • Political Constitution of Colombia: The 1991 Constitution recognizes the ethnic and cultural diversity of the Colombian nation and guarantees the rights of indigenous and Afro-descendant communities.
  • Law 397/1997 (General Culture Law): This law establishes the principles and mechanisms for the promotion and protection of culture in Colombia, including the diversity and cultural heritage of ethnic communities.
  • Decree 1080/2015: This decree compiles and updates the regulations related to the cultural sector, including provisions on the protection and promotion of cultural diversity.
  • UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005): This international treaty, ratified by Colombia, promotes cultural diversity and the protection of the cultural expressions of all communities
  • UNESCO Universal Declaration on Cultural Diversity (2001): This declaration reaffirms the importance of cultural diversity as the common heritage of humanity and promotes respect for and promotion of cultural rights.

Other rulings and actions for the protection of constitutional rights that favor and underscore the importance of protecting the cultural rights of ethnic communities, ensuring their participation in decisions that affect their lives and promoting the preservation of their cultural heritage and the promotion of their cultural and artistic practices, are the following:

  • Ruling T-730/16: Fundamental Rights of Indigenous Communities

This ruling protects the fundamental rights of indigenous communities, including ethnic and cultural diversity. It highlights the importance of the territory for the survival of these communities and the need for prior consultation for projects that may affect them.

  • Ruling T-046/21: Collective Ownership and Indigenous Territories

It recognizes the indigenous peoples’ right to collective ownership over their territories and its importance for the preservation of their culture and traditions. It also mentions the need for proper administrative processes for land titling.

  • Ruling T-713/17: Protection of Rights through Actions for the Protection of Constitutional Rights

The Constitutional Court reaffirms that the action for the protection of constitutional rights is a preferential mechanism for the protection of indigenous peoples’ rights of, including aspects related to their culture and territory.

Legal Compliance

  • Ensure that laws and regulations protect the cultural and artistic rights of these communities at the intersection with the individual and collective rights of ethnically distinct peoples.