Migración indígena en Valledupar: Retos normativos, jurisprudenciales y políticas públicas para garantizar derechos (2025)

Abstract

Indigenous migration in Colombia is a multidimensional phenomenon that strains the principles of the Social State based on the Rule of Law regarding the protección of ethnic minorities and the guarantee of their collective rights. This article stems from the research project "Rights of Indigenous Migrants and SDG 10: Reducing Inequalities in Valledupar, Colombia (2025)," funded by the Universidad Popular del Cesar. It analyzes the nacional and international legal frameworks, international conventions, and Sustainable Development Goals, alongside constitutional jurisprudence concerning indigenous peoples in transit. Methodologically, the study employs a qualitative approach and a documentary research design analytical and interpretive in naturebased on 30 sources selected between 2024 and 2025. The analysis highlights the risk of physical extermination and the need to guarantee participation, territorial protection, and comprehensive care regarding mobility dynamics; however, current measures remain insufficient to address the complexities of urban migration and the territorial dynamics of the Cesar region. Institutional reports reveal progress in the recognition of indigenous rights, yet structural gaps persist that hinder their effective exercise. Additionally, the study examines the scope of the 2022–2026 National Development Plan and the Valledupar territorial plan; while these include initiatives with a differential approach, they lack specific provisions regarding indigenous migration. The study concludes that an imbalance persists between the legal recognition of indigenous rights and their effective implementation, underscoring the need to strengthen state mechanisms for implementation and monitoring.