La capacidad de contratación de los pueblos indígenas: un análisis crítico de cara a la inaplicabilidad de del artículo 6. de la ley 80 de 1993.

Abstract

In Colombia, the rights of indigenous peoples were recognized for the first time through the Political Constitution of 1991, materializing through the provisions of articles 7, 8, 63, 68, 72, 176, and 246. Consequently, with the issuance of Law 80 of 1993, which is considered the Statute of Public Contracting in Colombia, contracting in our country is regulated and indicates the different modalities through which it is possible to be linked with the State, and that, for indigenous groups is taken into account from November 25, 2021, through Law 2160 of 2021, which in turn is modified along with Law 1150 of 2007; These normative changes bring with them a new discussion in reference to the capacity to contract since the requirements that indigenous communities must comply with in order to contract with the State are regulated.

However, this has led some regional governments, in a capricious manner, to manipulate these communities so that they are not the ones who choose with whom they want to contract, but it is at the disposal of the mayor or governor of the day, and so these communities are left without anyone to give them effective advice or direct them so that the law is applied in a more effective manner. The analysis in this paper is based on propositional research with a deductive method.

Key Words: Indigenous Communities, Public Contract, Association.