By means of Decree 1275 of 2024 the Ministry of the Interior and the Ministry of Environment and Sustainable Development - MADS established the measures required for the operation of the indigenous territories in environmental matters and the development of the environmental powers assigned to the indigenous authorities and their effective coordination with the other authorities and/or entities (hereinafter the “Decree”).

This Decree applies to the Indigenous Territories dealt with in Articles 286 and 330 of the Political Constitution (particularly for the territories of the Sierra Nevada de Santa Marta the scope of application of the Decree will be in accordance with Decree 1500 of 2018), indigenous reserves, indigenous reservations, ancestral territories, territorialities and areas owned by communities that have their own government, and have requested by the respective authorities the implementation of the indigenous territorial entity or the formalization and/or legal security of the indigenous territory in accordance with the relevant norms and those exercised by the authorities of each indigenous people.

The above in accordance with their systems of knowledge, “Derecho Mayor”, “Derecho Propio”, “Ley de Origen”, “Ley Natural”, “Palabra de Vida”, with respect to the members of each indigenous community and in their own territories.

Pursuant to Article 5 of the Decree, the traditional indigenous authorities, the authorities of the indigenous territories, the indigenous cabildos and other similar self-government structures in their indigenous reserves, among others, will become part of the National Environmental System - SINA and will perform its faculties related to territorial environmental planning, determination of regulation, management and governance mechanisms for the preservation, conservation, restoration, protection, care, use and management of natural resources in accordance with Article 15 of OIT Convention 169.The indigenous authorities and the other environmental authorities of the State shall jointly establish direct mechanisms for the application of the principles of coordination, concurrence, complementarity and subsidiarity, respectful of the autonomy and knowledge systems of indigenous communities, with the purpose of guaranteeing the protection of ecosystems and territories in cases where the scope of application of this Decree is exceeded.

The following are considered complementary competencies of the indigenous authorities established by the Decree:

1. Formulate, adopt and develop in its territorial scope the instruments of environmental regulation and management, such as indigenous environmental management plans, life plans, among others.
2. Define and implement regulations aimed at managing, preserving, conserving, protecting, restoring, and strengthening or rescuing the special importance for the cultures and spiritual values of indigenous communities of their relationship with their territories and with the beings and intangibles that inhabit them, and in particular the collective aspects of that relationship.
3. Sanction members of their communities within the framework of their own justice. In case of infractions committed by persons who are not under indigenous jurisdiction, the environmental authority will coordinate with the respective indigenous authority. The indigenous authorities will also be responsible for imposition of sanctions and compensatory measures, as well as works or actions for the restoration of the environment, natural resources or landscape.
4. Plan, approve their budgets and administer the resources that correspond to them for the exercise of the powers established in the Decree.

This decree recognizes that the traditional authorities of the indigenous peoples will exercise the aforementioned powers under their own governance structures.
Decree 1275 of 2024, assigns to the Ministry of Environment and Sustainable Development (MADS) the responsibility of coordinating with the relevant entities of the National Government and in agreement with the MPC, the definition of mechanisms and actions that ensure the resources for the functioning of the environmental competencies of indigenous authorities within a period not exceeding six (6) months.

This Decree will represent important challenges in terms of the coordination to be applied between the environmental authorities and the indigenous environmental authorities. It is also important to note that according to the scope of application defined in Article 4, Afro-descendant peoples were not included as part of the recognition as environmental authorities. On the other hand, the Decree does not establish how it will affect projects, works or activities with instruments in force, which are implemented in areas of Indigenous Territories. 

Finally, the Decree also does not indicate who will have the authority to authorize or deny procedures, permits and/or authorizations for projects whose area of influence includes Indigenous Territories, nor does it mention the implications on projects, works or activities with instruments in force, which are being executed in areas of Indigenous Territories. 

For further information please contact al área de Ambiente y Negocios Sostenibles o a Margarita Solorza, Juana Micán o Juan Sebastian Panesso (msolorza@bu.com.co; jmican@bu.com.co; spanesso@bu.com.co; lrubiano@bu.com.co)