Intervention in constitutional challenge to article 44 of Law 1551 of 2012

The challenge requests that article 44 of Law 1551 of 2012 be declared unconstitutional because the norm violates various norms related to prior consultation of indigenous groups, the right to self-government, and creates a new territorial division and authority not contemplated in the Constitution.

In this amicus we support the petitioner’s request and concentrate on two aspects: first, demonstrating that the creation of new biodiversity and border territories required prior consultation with indigenous peoples living there; second, the new territories attempt to create a new territorial division similar to the municipality, which is unconstitutional, as it ignores the territorial entities provided for in the Constitution. For these reasons, we argue that this article o the law is unconstitutional.


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