6.2 The State party outlines in general terms the jurisdiction of the Colombian Supreme Court over
constitutional claims emanating from individuals or groups of individuals, and the jurisdiction of the Administrative
Courts over collective claims. The State party further notes that administrative remedies are available through the
Consejo de Estado (Council of State) or Administrative Tribunals with full jurisdiction and authority to nullify
administrative acts deemed to be arbitrary, illegal or an abuse of power. It is only in instances where these remedies
have been exhausted that leave to appeal to the Supreme Court may be considered and granted.
6.3 The State party finally claims that the authors have failed to identify clearly in their complaint the alleged
victims, the rights considered to have been violated or the administrative agents responsible for their situation.
7.1 In their comments, dated 30 August and 2 September 1989 and 17 April 1990, the authors indicate that the
domestic remedies suggested by the State party are ineffective. They cite in their support the 1968 decision of the
Consejo de Estado, which struck down resolution 206 of INCORA providing land for settlers. Ostensibly a legal
victory, the ruling was allegedly circumvented by the State party through other procedural means, and the
dispossession of the natives has continued unabated. Legislation that would have restored San Andrés' status as a
municipality was vetoed by President Barco on 30 January 1990 for reasons of "national security and sovereignty".
7.2 Furthermore, the authors contend that resort to domestic judicial remedies would be too prolonged and
prohibitively expensive due to the large number of acts and legislation to be contested. They cite the example of a
petition to the Attorney-General in 1987 in which they asked for collective action on many of their grievances. There
was no reply for over two years, and then the authors were merely requested to report in person for confirmation.
Meanwhile, the settlement of more Colombians on the islands proceeds at a rate of some 8,000 individuals per year.
In view of the urgency of the situation, therefore, the pursuit of protracted domestic remedies is considered
ineffective, with no prospect of adequate redress.
7.3 Finally, the authors state that many of the laws and actions in question are constitutional. There is no right of
self-determination in the Constitution and article 27 thereof actually guarantees the "free alienation" of land, one of
the authors' principal complaints. Contrary to the Government's assertion, the International Covenant on Civil and
Political Rights is not incorporated into Colombian law.
8.1 Before considering any claims presented in a communication, the Human Rights Committee must, in
accordance with rule 87 of its rules of procedure, decide whether or not the communication is admissible under the
Optional Protocol to the Covenant.
8.2 With regard to the issue of the authors' standing, the Committee reaffirms that the Covenant recognizes and
protects
in
most
resolute
terms
a
people's
right
to
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