E/C.12/COL/CO/6
Economic, social and cultural rights and business
12.
While the Committee welcomes the efforts made by the State party in adopting a
National Plan on Business and Human Rights, it is concerned that the Plan does not
incorporate appropriate measures clearly establishing the principle of human rights due
diligence in order to identify, prevent and mitigate the risk of violation of Covenant rights.
13.
The Committee recommends that, in revising the National Plan on Business
and Human Rights, the State party:
(a)
Take appropriate legislative and administrative measures, including the
incorporation of human rights due diligence, to ensure that business enterprises
operating in the State party do not adversely affect the enjoyment of economic, social
and cultural rights in the course of their work;
(b)
Establish effective mechanisms to guarantee the conducting of human
rights due diligence by companies;
(c)
Strengthen existing mechanisms to investigate complaints against
companies, and take effective measures to ensure victims’ access to effective remedies
and to reparation or compensation.
14.
The Committee refers the State party to its general comment No. 24 (2017) on
State obligations under the International Covenant on Economic, Social and Cultural
Rights in the context of business activities.
Exploitation of natural resources
15.
The Committee notes with satisfaction that the State party has set up and conducts
public consultations in communities that may be affected by projects to exploit natural
resources, including agro-industrial projects. However, it remains concerned that the
outcome of these consultations is not duly taken into account by the competent authorities
and that, notwithstanding the opposition of the communities concerned, such projects still
go ahead. The Committee is also concerned at the deleterious effect of these activities on
the environment, including deforestation, which has a negative impact on the effective
enjoyment of economic, social and cultural rights, particularly the right to an adequate
standard of living and the right to health (arts. 11 and 12).
16.
The Committee recommends that the State party take the necessary measures
to ensure that the outcome of public consultations is given due weight and is taken
into account by the competent authorities, and is then applied in collaboration with
the affected communities. The Committee further recommends that the State party
undertake thorough social and environmental impact studies on activities to exploit
natural resources and that it ensure that licensing agreements concluded with private
entities include measures to mitigate their impact on the enjoyment of economic, social
and cultural rights, provide adequate compensation to affected communities and
include appropriate measures to ensure the preservation of forests.
Rights of indigenous peoples and Afro-Colombians
17.
While the Committee takes note of the efforts made to ensure the enjoyment of
economic, social and cultural rights by indigenous peoples and Afro-Colombians, it
remains concerned at reports of inadequate implementation of the process of prior
consultation with a view to obtaining free, prior and informed consent, particularly in
relation to natural resource development and exploitation projects likely to affect their
territories. The Committee is also concerned at the limited progress made in applying
Constitutional Court decisions in favour of indigenous and Afro-Colombian peoples, that
order the implementation of ethnic protection plans for indigenous peoples identified as
being at risk of physical and cultural extinction, and for Afro-Colombian populations
identified as extremely vulnerable (art. 1).
18.
The Committee draws the State party’s attention
recommendation (see E/C.12/COL/CO/5, para. 9), and urges it to:
GE.17-18290
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