Responsabilidad del estado frente al restablecimiento de los, derechos de los niños, niñas y adolescente en la comunidad indígena (Emberá.) durante la invasión del Parque Nacional del 2021

Abstract

In the Political Constitution of Colombia of 1991, it states that it is a multi-ethnic and multicultural country. In articles 10, 63, 68 and ss. of the fundamental letter, it expresses that the languages and dialects of the ethnic groups are official in our country; the protection of the assetsof the indigenous reservations is unattachable, as is the respect for development of their cultural identity, where the indigenous community has acquired fundamental rights, even where ethnic and cultural diversity is valued. The acceptance of the multiplicity of ways of life, being Colombia a Pluralist Country in the ethnic environment, trying to protect the ethnic and cultural diversity of all indigenous peoples, where they preserve their language, traditions, and beliefs, keep their community formedand developed, that their unity and permanence in their territories must be guaranteed. The National development plan, presented by the National Government, through the pactfor Colombia, PACT FOR EQUITY 2018-2022, created two special chapters to include the ethnic communities of the country, having found social inclusion, the autonomy of traditions andvalues cultures of indigenous communities. It is evident the recognition both for these communities, as well as for sectors of Colombian society, which represents a multi-ethnic and cultural richness that contributes to the strengthening of national identity, that is, with the characterization of the framework of the PGD-IDB agreement - 028/2019, which seeks to carry out an analysis of primary and secondary information, of the characterization of the Emberá Chami indigenous people. Said agreement was entered into between the Red Colombia Verde and the Office of the Attorney General of the Nation, recognizing the strengths and opportunitiesof the indigenous communities of their essence, considering peace for the country. Indigenous peoples have told the international community the stories of their communities, the discrimination and violence against them, and since the 50s, when the International Labor Organization (ILO) analyzes the situation of indigenous peoples. , in order toguarantee the rights of these communities; Thus, in the 1980s, Agreement 169 of 1989 was approved, where the rights of indigenous peoples began to be demanded and guaranteed, and policies were included to recognize, guarantee, and ensure the rights of said communities. Thus, Colombia ratifies and approves the agreement of 169 of 1989, through Law 21 of 1991 in collaboration with the Political Constitution of 1991, where the wealth of ethnic peoplesis recognized as an element of the cultural variety of the country, and a space is generated for the recognition of their rights, and a special indigenous Jurisdiction is included, within the framework of legal pluralism. Since 2012, the National Coordination Commission between the National System and the Special Indigenous Jurisdiction (COCOIN) emerged, it has been managing and working to guarantee the rights of protected groups, even though no articulation law has been found. as a permanent body for planning and monitoring the policies of the judicial branch about the Special Indigenous Jurisdiction. The Colombian Institute of Family Welfare (ICBF) is part of the commission as a permanent and active member; Starting in 2010, a special procedure was created to speed up theadministrative process for restoring the rights of children and adolescents from indigenous communities.