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Comunidades indígenas y afrocolombianas reunidas en asamblea territorial al aire libre en una zona rural de Colombia
Asamblea territorial de comunidades étnicas en Colombia, en el debate sobre las reglas de la consulta previa.

Ombudsman urges halt to prior consultation reform in Colombia

Colombia's Ombudsman's Office asked the Ministry of the Interior to refrain from issuing, in its current version, the decree that would modify Decree 1066 of…

--- The context --- Colombia's Ombudsman's Office asked the Ministry of the Interior to refrain from issuing, in its current version, the draft decree that would modify the rules of prior consultation in Colombia, considering that some provisions could affect the participation of ethnic peoples and communities in decisions about their territories and fundamental rights. --- The facts --- The position was presented in a document addressed on October 23, 2026, to Eliana Marcela Espinosa Silva, the Ministry of the Interior's legal director, with observations on the draft that would modify sections of Decree 1066 of 2015 on when prior consultation applies and its timing. According to the office, the draft introduces new information burdens, preclusive appearance deadlines and restrictions on incorporating communities not identified in a timely manner, which could make it harder for the State to rigorously determine all possible direct impacts on Indigenous peoples and other ethnic communities. It also questions the automatic exclusion of communities that do not appear within certain deadlines. The office asks for those burdens to be reviewed, for the absolute character of some preclusion rules to be removed and for more flexible terms, adaptable to each community's territorial, cultural, linguistic and organizational circumstances. It also requests that the draft itself be submitted to prior consultation with the potentially affected peoples, in good faith and through their representative institutions, and that authorities identify and assess on their own initiative the communities with reasonable indications of a direct impact. --- The positions --- The office recognizes the need to update the regulatory framework, improve legal certainty and overcome problems in identifying ethnic communities. Its warning is that administrative efficiency cannot hinder the effective exercise of prior consultation, a guarantee of participation, autonomy, cultural integrity and self-determination, whose applicability must remain for the State to determine. --- What remains unknown --- It is not known whether the Ministry of the Interior will accept the observations, what adjustments it would introduce or whether it will open prior consultation on the draft itself. No new timetable for issuing the decree is known either. --- Unanswered questions --- Will the Ministry of the Interior issue the decree in its current version despite the Ombudsman's request? Will the Government submit the draft itself to prior consultation with the potentially affected peoples? Will appearance deadlines be made more flexible and the absolute character of the preclusion rules removed? --- EPM analysis --- The office further asks that ordinary cases be differentiated from those in which free, prior and informed consent is required, and warns that an administrative closure for lack of agreement must not automatically become an authorization to execute a project. It also proposes that a new assessment after later modifications depend on the possible direct impact and not only on the environmental classification. 📌 EPM Take: In EPM's view, the request not to issue the decree in its current version protects the core of prior consultation without blocking reform: if a community can be excluded for failing to appear by a deadline, participation ceases to be an effective guarantee. Consulting the draft itself with the potentially affected peoples, making terms more flexible and keeping the responsibility for determining applicability with the State are reasonable prior adjustments before changing the rules of that intercultural dialogue.
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