Límites a la autonomía de los pueblos indígenas: registros sanitarios para productos derivados de la hoja de coca

Abstract

The participation of indigenous peoples in the commercial processes of the country is of great importance as part of the Colombian identity, the inclusive nature of the Constitution, and their survival. The commercialization of products derived from the coca leaf by the Nasa indigenous community is representative, hence their livelihood, identity and participation in the country's economy. In 2015, the State Council highlighted the protection of the autonomy of the communities and the validity of their health records, ordering the cancellation of the health alert issued by the state entity (INVIMA), and inviting to generate new spaces for participation and dialogue, where you can solve the conflicts presented. However, in 2018 the Constitutional Court limits the commercialization of these products throughout the national territory since it considers that the communities can only commercialize in said territories, because they do not have a Sanitary registration issued by Invima, otherwise they would be under attack against the right to health. Currently the Ministry of Health and Invima present in their regulations a "gray area" on this issue, since there is no special regulatory framework for the coca leaf to be able to issue this kind of records required by the Constitutional Court. Situation that excludes the communities since their records are not considered valid, nor are they allowed to initiate the process required by the High Court.