Colombia Indigenous Report Eng

THE STRUGGLE FORSURVIVAL AND DIGNITYHUMAN RIGHTS ABUSES AGAINSTINDIGENOUS PEOPLES IN COLOMBIA

THE STRUGGLE FOR SURVIVAL AND DIGNITYHUMAN RIGHTS ABUSES AGAINST INDIGENOUS PEOPLES IN COLOMBIA

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‘In each moment of tragedy we have relied on our roots and ourword, each time they beat us we respond with reason and thestrength of unity, each time it is necessary, the mobilization ofthought and peaceful action is our tool to live.’Cauca Regional Indigenous Council, 12 February 2007

THE INTERNAL ARMED CONFLICT

Colombia’s internal armed conflict has pittedthe security forces and paramilitaries againstguerrilla groups for more than 40 years. It hasbeen marked by extraordinary levels of humanrights abuses and violations of internationalhumanitarian law, with civilians by far theprincipal victims. Tens of thousands ofcivilians have been killed. Thousands morehave been subjected to enforced disappearanceby the security forces or paramilitaries, orabducted by guerrilla groups. Between 3 and4 million people have been forcibly displaced,mostly as a result of the conflict. Hostage-taking, above all by guerrilla groups, andtorture by the security forces, paramilitariesand guerrilla forces, are among the tactics ofterror used. The conflict has also been markedby the use of child soldiers and by widespreadsexual violence against girls and women.

There is little agreement on the underlyingcauses of the long-running conflict inColombia. However, the fighting has provideda useful cover for those seeking to expandand protect economic interests. More than60 per cent of displaced people in Colombiahave been forced from their homes and landsin areas of mineral, agricultural or othereconomic importance. The civilian populationcontinues to bear the brunt of the violence,with Indigenous Peoples and Afro-descendantand campesino (peasant farmer) communities

particularly hard hit. All parties to the conflicthave been responsible for a sustainedcampaign of serious human rights abuses andviolations of international humanitarian law.The main protagonists in the conflict are:

THE ARMED FORCESFor over 40 years there have been numerousand persistent reports documenting the directresponsibility of the security forces in gravehuman rights violations and their collusionwith paramilitary groups. These abusescontinue today. Of particular concern in recentyears has been the extrajudicial execution ofhundreds of civilians by the security forces.The government was finally forced to takeaction to combat these killings, and thenumber of reports of extrajudicial executionsfell sharply in 2009. The Office of the AttorneyGeneral is investigating some 2,000 suchkillings going back several decades.

PARAMILITARY GROUPSParamilitaries have their origin in legallyconstituted civilian “self-defence” groupscreated by the Colombian army in the 1970sand 1980s to act as auxiliaries during counter-insurgency operations. Although they wereoutlawed in 1989, because of concerns aboutserious human rights violations, these groupscontinued to grow in the 1990s and early 2000sand to operate in close co-ordination with the

security forces. The main role of paramilitarieswas to carry out the dirty war tactics of thearmed forces’ counter-insurgency strategy,characterized by the systematic andwidespread violation of human rights. The useof paramilitaries helped the armed forces avoidincreasing international pressure to respecthuman rights. Despite government claims thatall paramilitaries demobilized in a government-sponsored programme that began in 2003,such groups continue to operate – sometimesin collusion with or with the consent of thesecurity forces – and to commit serious humanrights violations.

GUERRILLA GROUPSThe first of the guerrilla groups emerged inthe 1950s. Armed groups linked to theCommunist and Liberal Parties were driveninto remote parts of the county and werethe nucleus of the largest guerrilla group,the FARC. Over the decades, the guerrillascreated extensive strongholds, principallyin rural areas, but in recent years they havebeen driven back. Guerrilla groups, notablythe Revolutionary Armed Forces of Colombia(Fuerzas Armadas Revolucionarias deColombia, FARC) and the smaller NationalLiberation Army (Ejército de LiberaciónNacional, ELN) are responsible for repeatedand serious human rights abuses andviolations of international humanitarian law.

Amnesty International February 2010 Index: AMR 23/001/2010

Index: AMR 23/001/2010 Amnesty International February 2010


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INTRODUCTION

The impact of Colombia’s long-runninginternal armed conflict on IndigenousPeoples has been profound anddestructive. They have been killed,harassed and driven from their lands byall the parties to the conflict. Despite theirdetermined refusal to be drawn into thehostilities, the threats facing IndigenousPeoples are intensifying.

According to the National IndigenousOrganization of Colombia (OrganizaciónNacional Indígena de Colombia, ONIC),at least 114 Indigenous women, men andchildren were killed and thousands forciblydisplaced in 2009, largely as a result ofthe conflict. According to the Directorof the Office in Colombia of the UN HighCommissioner for Human Rights, the FARCguerrilla group were responsible for mostof these killings, although all the partiesto the conflict, including paramilitary

groups and the security forces, have beenresponsible for repeated human rightsabuses against Indigenous Peoples and forfailing to respect their rights as civilians.

The Awá Indigenous People were particularlyhard hit in 2009 and, according to ONIC,accounted for more than half of all killingsof Indigenous people during the year. Thecatalogue of human rights abuses inflictedon the Awá is emblematic of the dangersfacing Indigenous Peoples in Colombia today.

The Awá collectively own the land and riversof the resguardo (Indigenous reservation)of El Gran Rosario in Tumaco Municipality,Nariño Department. They live in an areaof strategic importance for the parties tothe conflict. FARC and ELN guerrillas,paramilitary groups and drug-traffickinggangs are all active in the area, as are theColombian security forces. The Awá, like allother Indigenous Peoples, continue to insiston their right not to be drawn into the conflict

and to be respected as non-combatants. Forexample, although members of the Awá areintimately familiar with the region, they haverefused to act as guides for any of thewarring parties. Nevertheless, armed groupscontinue to forcibly recruit men, women andchildren, while many are pressured intoacting as guides or informants.

In 2009, at least two massacres were carriedout against the Awá in Nariño Department.The first, on 4 February, was carried out bythe FARC and resulted in the deaths of 15people, including two pregnant women, inBarbacoas Municipality. On 26 August 2009,12 Awá, including six children and an eight-month old baby, were killed and severalmore injured in El Gran Rosario by gunmenwearing military uniforms and hoods who

©ONIC

An Awá child looks at the coffins of 12 Awá,

among them seven children, killed on 26

August 2009.

attacked the community at 5am. Amongthose killed were Tulia García and her sons.Tulia García had been a witness to thekilling of her husband, Gonzalo Rodríguez,by army soldiers on 23 May 2009 and hadsubsequently received threats.

During 2009, hundreds of Awá weredisplaced by the violence in NariñoDepartment and fled to seek refuge inthe town of Tumaco. Following the Augustmassacre, 300 Awá, including 100children, fled to Tumaco, leaving theirhomes, belongings and livelihoods behind.Their living conditions in Tumaco werea cause of great concern. Weeks afterarriving, people were still living in sheltersthey had built themselves or sleeping outin the open. Food and water were scarceand there were no sanitation facilities.

Government officials at the highest level,as well as members of the security forces,continue to make statements linking

Indigenous rights defenders with guerrillagroups. This undermines the work ofdefenders in the eyes of the public andso diverts public attention away from thethreats confronting Indigenous Peoples. Italso helps create a climate in which humanrights abuses against Indigenous Peoplesare tolerated, encouraged or facilitated.

In July 2009, the UN Special Rapporteuron the situation of human rights andfundamental freedoms of indigenous people(Special Rapporteur on indigenous people)visited Colombia and expressed concern atthe “grave, critical and profoundly worrying”situation facing Indigenous Peoples in thecountry. In particular, he called on theillegal armed groups to stop the recruitmentof Indigenous children and the use oflandmines – both of which had increasedsince the last visit of the Special Rapporteurin 2004 – and expressed concern abouthuman rights violations committed by thesecurity forces.

The UN Committee on the Elimination ofRacial Discrimination, in its concludingobservations on Colombia published inAugust 2009, expressed concern “over thecontinuation of acts of violations of humanrights against Afro-Colombians andindigenous peoples, including killings,extra-judicial executions, forced recruitmentand enforced disappearances in the contextof the armed conflict”. It also noted that“while illegal armed groups bear significantresponsibility for violations, reports continueto indicate the direct involvement orcollusion of State agents in such acts andthat members of the armed forces havepublicly stigmatised Afro-Colombian andindigenous communities”.



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Members of the Awá Humanitarian Minga in

the Tortugaña Telembí reservation. They were

part of a commission to recover the bodies of

the victims of the February 2009 massacre in

which 15 Awá were killed.

©ONIC



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Source: IGAC 2006-2008. INCODER 2007, SIGANH 2008, INCODER 2007, ONIC, CECOIN 2008.Cartographic basis: NPS 2007

COLOMBIA’S INDIGENOUS PEOPLES

Colombia has one of the world’s most diverseIndigenous heritages, encompassing a greatvariety of cultures, languages, socialstructures and ways of life. According to the2005 census, there are nearly 1.4 millionIndigenous people living in Colombia, around3.4 per cent of the total population. Estimatesof the number of distinct Indigenous groupsvary: the 2005 census recorded 85 suchgroups, while ONIC puts the number at 102.

Indigenous Peoples live in many parts of thecountry, but in some departments (provinces)they make up a significant proportion of thepopulation. For example, in Guainía, Vaupés, LaGuajira, Amazonas and Vichada departments,Indigenous Peoples make up about half thepopulation. Most Indigenous people live in ruralareas, many on resguardos. According to thegovernment, nearly 30 per cent of the country (atotal of some 34 million hectares of land) hasbeen allocated by the state to 710 resguardos.However, Indigenous representatives havepointed out that much of this land is unsuitableand does not meet the needs of Indigenous

Peoples. For example, less than 8 per cent ofresguardo land is suitable for agriculture.Some 445,000 Indigenous people live outsideresguardos and do not have official recognitionof their collective rights over the land on whichthey live.

In recent years, the number of Indigenous peoplemigrating to towns has increased, largely as aconsequence of forced displacement.

According to ONIC, the survival of 32 Indigenousgroups is at grave risk as a result of the armedconflict, large-scale economic projects, and alack of state support. The risks faced by theseIndigenous Peoples are so serious that in hisJanuary 2010 report on Colombia, the SpecialRapporteur on indigenous people called on theColombian state to invite the UN Special Adviseron the Prevention of Genocide to monitor thesituation faced by these communities.

INDIGENOUS TERRITORIES IN COLOMBIA

KEYRESGUARDOS (INDIGENOUS RESERVATIONS)

COLONIAL-ERA RESGUARDOS

INDIGENOUS COMMUNITIES OUTSIDE RESGUARDOS

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©Amnesty

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ANTIOQUIA DEPARTMENT

� Álvaro González Baquiaza, a member ofthe Embera Chamí Indigenous People livingon the Cristianía resguardo, was shot dead onthe night of 7 February 2009 as he was walkingalong the road that links the municipalitiesof Andes and Jardín. At the time of the killing,members of the Águilas Negras (Black Eagles)paramilitary group were present in the areaand had distributed pamphlets threateningthe community.

� Luis Orlando Domicó Majore, an Emberafrom the Jaidezabi resguardo in TarazáMunicipality, was killed, reportedly by the FARC,on 20 July 2009.

CAUCA DEPARTMENT

� On 31 July 2009, José Wilson Ramón Vivas wasshot dead in front of his family by unidentifiedmen wearing hoods. He was one of four membersof the Indigenous community of López Adentro inthe municipality of Caloto to be killed in 2009.

CHOCÓ DEPARTMENT

� Over the last few years, members of theEmbera Indigenous People of Pichindé, BahíaSolano municipality, have been repeatedlythreatened and forced off their land. They wereforced to flee in October 2008 after beingthreatened by armed men, thought to beparamilitaries. They returned to their lands inAugust 2009, but were again forced to flee afew days later after armed men, who claimedthey were members of the Águilas Negrasparamilitary group, attacked them. During theattack, several Embera were tied up and somewere beaten.

CÓRDOBA DEPARTMENT

� On 23 August 2009, Bernabé de AgustínRoqueme, a Zenú leader from the resguardoof Comejón in the municipality of Purísima, wasshot dead on the road linking the resguardo withthe urban centre of Purísima. He had reportedlybeen the target of a sustained three-monthcampaign of threats and intimidation, reportedlycarried out by the Águilas Negras. Other Zenúleaders continue to be threatened, includingBernabé de Agustín Roqueme’s brother, Miguelde Agustín Roqueme, and Antonio de AgustínTalaigua.

LA GUAJIRA DEPARTMENT

� The body of Marco Segundo GonzálezGonzález, a member of the Wayúu IndigenousPeople, was found on 18 August 2009 floatingnear the shore between Manaure and El Pájaro.He had been decapitated and his body throwninto the sea with weights attached to his waistand his feet bound. According to his family,Marco Segundo González had been detained on2 August by members of the army, taken to thedepartmental capital, Riohacha, and releasedon 3 August.

� On 28 July 2009, a device exploded nextto the home of Leonor Viloria González, one ofthe leaders of the Indigenous women’s rightsorganization Sütsüin Jiyeyu Wayúu/Fuerzade Mujeres Wayúu (SJW-FMW), in the Arribaneighbourhood of Riohacha. A homeless manwas injured in the explosion. Leonor ViloriaGonzález had repeatedly been threatened andfollowed by members of paramilitary groups.

More than 200 Wayúu in La Guajira Departmenthave been killed or forcibly disappeared since1993. The area is highly militarized and severalparamilitary groups remain active there.

CAUGHT IN THE CONFLICT

Killings, kidnappings, enforceddisappearances, threats and forceddisplacement – all continue to ravageIndigenous communities in Colombia.ONIC has estimated that more than1,400 Indigenous men, women andchildren were killed as a result of theconflict between 2002 and 2009. Theyalso recorded more than 4,700collective threats against Indigenouscommunities during this period, as wellas 90 kidnappings and 195 enforced

disappearances. Those responsiblefor these abuses, be they membersof guerrilla groups, paramilitaries ormembers of the security forces, arerarely held to account.

Restrictions on freedom of movementimposed by the conflict are having adevastating effect on Indigenous Peoples.At times, whole communities have beenisolated and trapped (confinamiento),unable to access food or medicinesbecause of the fighting. Indigenous Peopleshave also been confined to their villages

because armed groups have laid landminesin surrounding areas. Access to food andessential medicines have also been blockedby the warring parties, who often argue thatsuch goods are destined for the enemy.All parties to the conflict have occupiedschools and used them as military bases,while teachers continue to be vulnerableto physical attack, denying communitiesaccess to education. The conflict has alsoaffected access to fishing and huntinggrounds, leading to further food insecurityand a rise in the level of malnutrition amongIndigenous People.

GUAVIARE DEPARTMENT

� Nubia Díaz Jiw (pictured above, centre)was 19 years old when she and a group of othermembers of the Jiw (Guayabero) IndigenousPeople went out on 16 May 2005 to gather tinsand other materials for recycling near theirhome in the Barrancón resguardo in San José deGuaviare. The resguardo is next to a trainingcamp for the army’s special forces. Most of thegroup were children under the age of 11.

One of the items the group picked up turned outto be abandoned army ordnance. The deviceexploded, seriously injuring three people. NubiaDíaz sustained serious burns and lost both herhands and her right eye. She has received nocompensation and little help to rebuild her lifeand overcome her injuries.

The Jiw had fled their homes in Caño Ceiba,in the nature reserve of La Macarena in MetaDepartment, in February 2004 after the FARCkilled two people – Nebio Fernández and AlbeiroCatón, the son of Jiw leader Cristino Catón –and took control of the area, restricting the Jiw’smovements and activities. Since then, they havelived on the Barrancón resguardo.

� Jorge Ariel Lomelin Gil, a member of theCubeo Indigenous People was killed by agrenade reportedly thrown by an army soldier on4 September 2009 in the resguardo of Centro,Miraflores Municipality. According to localresidents, the grenade was thrown during aconfrontation between the army and the FARCand accidentally landed on the house of anIndigenous family, killing Jorge Ariel Lomelin Gil.

PUTUMAYO DEPARTMENT

� Edilberto Imbachi Mutumbajoy, a leadingmember of the Regional Indigenous Organizationof Putumayo (Organización Zonal Indígena delPutumayo, OZIP) and of ONIC, was shot deadby four unidentified assailants on 2 August2009 at his home in the resguardo of PuertoRosario, Puerto Guzmán Municipality. EdilbertoImbachi Mutumbajoy had been actively involvedin campaigning for the rights of IndigenousPeoples at the regional, national andinternational level.



7©Amnesty

International


ÓTHE STRUGGLE FOR SURVIVAL AND DIGNITYHUMAN RIGHTS ABUSES AGAINST INDIGENOUS PEOPLES IN COLOMBIA

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THE TRAGEDY OFDISPLACEMENT

Displacement is one of the greatest threatsfacing Indigenous communities. Oftenliving in areas of intense military conflictand rich in biodiversity, minerals and oil,Indigenous Peoples are at particular riskof forced displacement. AlthoughIndigenous Peoples make up only around3.4 per cent of the population, theyaccount for 7 per cent of Colombia’s totaldisplaced population, according to theDirector of the Office in Colombia of theUN High Commissioner for Human Rights.

“if [displacement] is to urban centres it is abit more complicated, since most of ourfellow Indigenous women don’t knowSpanish very well, the immensity of the cityfrightens them, with its anonymity and lackof solidarity among the residents. Thememory of our mountains and jungles andtheir sound kills us. We face new problemsin raising our children and relating with ourpartners, because the city is not ourcustomary environment. We are haunted bythe images of the anguish when we had toleave, running with what little we had orcould carry in order to outrun death anddesolation. Amidst this anguish, we are in

charge of our families, accepting activitiesthat are not traditional in our cultures, suchas getting jobs as domestic servants or, inthe worst of cases, even selling our bodies…As Indigenous women we have to fight forrecognition as displaced people, fight foraccess to [a] health and education [system]that is not ours, prepare meals with foodthat is alien to our culture and body; fight sothat our families don’t disintegrate and oursons and daughters don’t lose our culture”.2008 report by ONIC quoted in Constitutional CourtRuling No. 004

Many displaced Indigenous people havereported the cultural shock and disorientationthey experience, arriving in areas where theway of life and language are radicallydifferent from their own. This fracturing canresult in a breakdown of cultural continuityas young people find themselves in alienenvironments and deprived of the social andcultural networks and practices necessary forthe survival of their communities.

Displaced people are at heightened risk ofdestitution, sexual violence, exploitation bycriminal gangs and armed groups anddiscrimination. And even in the places inwhich they seek refuge, they may facefurther intimidation or violence and so

top: Women prepare cornflour (monio), by

grinding it on stone, Embera Katío community

in Aguasal, Chocó Department.

above: An Embera man in Chanú, Bojayá,

demonstrates the traditional skills of making

a boat to members of his community, 2007.

The conflict and scale of displacement in

Colombia pose serious threats to the cultural

continuity of Indigenous Peoples and their

socio-economic survival.

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9

have to flee again. The inadequate stateresponse to the needs of internally displacedcommunities means that some peoplereturn to the dangerous situations they fled,but without the support and safeguards thatshould be provided by the state. The resultis a cycle of displacement and return thathas a huge cumulative impact.

STANDING UP FOR INDIGENOUSRIGHTS

““MMeemmbbeerrss ooff tthhee lleeaaddeerrsshhiipp ccoouunncciill,, yyoouuhhaavvee 55 wwoorrkkiinngg ddaayyss ttoo wwiitthhddrraaww aallll tthheebbooaarrdd bbeeccaauussee yyoouu aarree ccoorrrruupptt,, ootthheerrwwiisseewwee wwiillll kkiillll yyoouurr ffaammiilliieess.. SSiinncceerreellyy,, SSoouutthheerrnn BBlloocc””..

This was the text message sent by aparamilitary group calling itself the SouthernBloc (Bloque Sur) to three Embera Chamíleaders from Risaralda Department on 5October 2009: Martín Siagama, LeonardoFabio Siagama and Ancisar Hiupa. Themessages were sent a few days after theRisaralda Indigenous Regional Council(Consejo Regional Indígena de Risaralda,CRIR) published a report highlightinghuman rights abuses against Indigenouscommunities. Following the threats, the

Indigenous leaders decided they had nochoice but to leave their communities fortheir own safety. As of December 2009,they had still been unable to return. On 23October a traditional doctor (jaibaná),Lázaro Gutiérrez, was killed and his bodymutilated in Pueblo Rico Municipality inRisaralda Department; he had received aseries of threats. Risaralda has recentlyseen an intensification of the conflict and ofparamilitary activity.

Indigenous leaders have been targeted for attack in different parts of the country.The aims of these attacks vary. Sometimes,leaders have been targeted in order toterrorize the local population and make themflee the area. Sometimes, the attacks are inreprisal for communities’ refusal to becomeinvolved in the conflict or for reporting abusesand supporting victims seeking justice. Inother cases, the attacks were carried out tostop efforts by Indigenous Peoples tocampaign for land rights. Underlying theseattacks, whatever their immediate aim, is thedesire to silence Indigenous leaders standingup for their communities.

Aída Quilcué is the former Chief Counsellorof the Cauca Regional Indigenous Council(Consejo Regional Indígena del Cauca,

CRIC) and one of the key figures behind theMinga – a national process of mobilizationand awareness-raising. In 2008, theMinga’s activities culminated in a 30,000-strong demonstration in Bogotá demandingthe return of land and improved health careand education for Indigenous Peoples.

In 2008, paramilitary groups declaredIndigenous Peoples in Cauca Department“military targets”. Since then, Indigenousleaders and communities have been thetarget of a sustained campaign of killings,attacks and intimidation. Dozens have losttheir lives, among them Aída Quilcué’shusband, Edwin Legarda, who was killed bysoldiers in December 2008. Since then,Aída Quilcué has been receiving protectionordered by the Inter-American Commissionon Human Rights. On 11 May 2009, her12-year-old daughter was threatened atgunpoint outside her house.

The 2008 Minga was part of a broadercampaign, which also involved Afro-descendant and campesino communities, insupport of their civil, political and economic,social and cultural rights. Some of theseprotests turned violent. There were reportsthat the anti-riot police (ESMAD) had usedexcessive force in dealing with demonstratorsin Cauca Department, and that dozens ofprotesters were injured, at least one of themfatally. There were also reports that dozensof members of the security forces wereinjured. Government authorities sought toundermine the protests by claiming that theFARC had infiltrated the demonstrations.Accusations which have sought to link theIndigenous movement, as well as campesinoand Afro-descendant communities, toguerrilla groups have often been followed by the killing of leaders from thesecommunities by paramilitary groups. Manyleaders have also been killed by the FARC,which have accused some communitiesand their leaders of collaborating with thesecurity forces and paramilitaries.

Aída Quilcué (centre) during the Minga in

Santander de Quilichao, Cauca Department,

24 October 2008.

© ONIC


THE STRUGGLE FOR SURVIVAL AND DIGNITY HUMAN RIGHTS ABUSES AGAINST INDIGENOUS PEOPLES IN COLOMBIA

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A QUESTION OF LAND,CONSULTATION AND CONSENT

The right to traditional lands is crucial toIndigenous Peoples in Colombia, aselsewhere. It is a vital element of their senseof identity, livelihood and way of life andcrucial for their future.

Lack of secure title to traditional lands,discrimination and marginalization, haveexacerbated the precarious situation inwhich Indigenous Peoples in Colombia findthemselves. Although many IndigenousPeoples live on territories which they ownlegally and collectively, around a third of Colombia’s Indigenous Peoples live on land without land titles and have been particularly vulnerable to forceddisplacement. But with or without legal landtitles, Indigenous Peoples continue to be

attacked by all parties to the conflict. Oncethey have fled in fear of their lives, theirlands are sometimes opened up for large-scale economic development.

A critical issue for Indigenous Peoples istheir right not to be removed from theirtraditional lands without their free, priorand informed consent – one of the corerights contained in the UN Declaration on the Rights of Indigenous Peoples.Economic development on their traditional lands must also be subject to the free, prior and informed consent of Indigenous Peoples. Consent must be given freely without manipulation,threat, or fear of reprisal.

When Indigenous leaders andcommunities try to defend their land rightsand their right to free, prior and informed

consent to economic developments thataffect them – a right which often is notrespected by the authorities – theycommonly encounter significantopposition, especially if their lands arefound to be rich in natural resources. This often leads to threats and killings of Indigenous people and their leaders,and to mass forced displacement.

Three Jiw children on the road between San

José del Guaviare and Barrancón, Guaviare

Department. Many Indigenous Peoples live

in grinding poverty with limited access to

health care. The result of long-standing

discrimination can be seen in infant mortality

ratios that are significantly higher than the

national average in those areas with a high

percentage of Indigenous inhabitants.

© Amnesty International



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DISCRIMINATION: THE IMPACTON HEALTH

Discrimination against Indigenous Peoplesand other marginalized groups, such asAfro-descendant communities, islongstanding, widespread and entrenchedin Colombia. Its consequences can beseen in the large disparities that existbetween the general population andIndigenous Peoples and Afro-descendantcommunities in terms of health.

According to the Director of the Office inColombia of the UN High Commissioner for Human Rights, nationally 73 women die of pregnancy-related complications for every 100,000 live births. But indepartments with a high percentage of Indigenous and Afro-descendantinhabitants, such as Guainía, the figurerises to 386 per 100,000, five times thenational average. The infant mortality ratiois 19 per 1,000 live births nationally, but this rises almost threefold to 54 per1,000 live births in Chocó and Caucadepartments, both of which have largenumbers of Indigenous and Afro-descendant inhabitants.

In Barranco Minas, Guainía Department,the traditional authorities (cabildos) ofGuainía and Vichada compiled a list of 45 Indigenous people who died betweenJanuary and November 2009: 40 werechildren aged between three months and a year. Lack of accessible, good qualitymedical care, lack of available transport toget to health facilities and the absence ofculturally appropriate treatment, continue to be barriers to quality health care forIndigenous Peoples.

PROTECTION IN LAW

Indigenous Peoples in Colombia areentitled to all the rights guaranteed tothem in international human rights law. In 2009, Colombia endorsed the UNDeclaration on the Rights of IndigenousPeoples and made a commitment to “theconcepts of equality, respect for diversity

and non discrimination that constitute the foundation of the [Declaration].” This was an important step forward asColombia had abstained when theDeclaration was adopted by the UNGeneral Assembly in 2007.

The Declaration provides a clear,authoritative statement of the human rightsof Indigenous Peoples, including the right toculture; identity; free, prior and informedconsent; and traditional lands. TheDeclaration also reaffirms that IndigenousPeoples are to enjoy all of their humanrights without discrimination, and sets out a principled framework for working withIndigenous Peoples to promote their humanrights. Of particular relevance to Colombiaare the guarantees to Indigenous Peoplesset out in the Declaration of the right to “live in freedom, peace and security” andnot to be “subjected to any act of genocideor any other act of violence, includingforcibly removing children of the group to another group.”

The other key international standardrelating to Indigenous rights, ConventionNo. 169 of the International LabourOrganization (ILO), has been ratified byColombia. The Convention sets out the right

of Indigenous Peoples to participate indecision-making processes that affectthem. It also states that Indigenous Peopleshave a right to decide their owndevelopment priorities and to exercisecontrol over their own economic, social andcultural development. The Conventionrequires governments to respect the specialimportance of traditional land for IndigenousPeoples and to recognize their rights ofownership and possession. It also providesthat Indigenous Peoples should not beremoved from the lands that they occupy.

Colombian national law also containsimportant guarantees for IndigenousPeoples’ rights. The 1991 Constitutiondeclares Colombia to be a multi-ethnic andpluri-cultural state. It recognizes the rightsof Indigenous Peoples to manage thepolitical and administrative affairs of theirtraditional lands. These have beenreaffirmed by a series of ConstitutionalCourt decisions. The most recent additionto this protective framework was a rulingissued by the Colombian Constitutional

National Minga, Cali, Valle del Cauca

Department, 16 October 2009.

© Amnesty International

Amnesty International is a global movement of 2.2 million people in morethan 150 countries and territories who campaign to end grave abuses ofhuman rights.

Our vision is for everyone to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international humanrights standards.

We are independent of any government, political ideology, economic interest or religion – funded mainly by our membership and public donations.

February 2010Index: AMR 23/001/2010

Amnesty InternationalInternational SecretariatPeter Benenson House1 Easton StreetLondon WC1X 0DWUnited Kingdom

www.amnesty.org

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Court in January 2009 on IndigenousPeoples and displacement (ConstitutionalCourt Ruling No.004).

The Constitutional Court Ruling highlightedthe situation of Indigenous Peoples whosecultural or physical survival were at riskeither from the dislocation caused bydisplacement and dispersion or as a directresult of violence and declining numbers. It criticized both the indifference of societyand the inadequacy of the response by the authorities. It also paid tribute to theefforts by Indigenous Peoples themselves to make their voices heard and hold thoseresponsible for human rights violations to account.

“The weight of documentary evidencepresented to the Constitutional Court…leaves no doubt about the cruel andsystematic manner in which Colombia’sindigenous people have been victimized bya conflict which is completely alien to themand about which they have repeatedlydeclared themselves to be autonomous andneutral… It is an emergency which is asserious as it is invisible… The silence aboutthe violence and the situation has until nowbeen the rule, because of fear, pain andimpotence; however, the communitiesthemselves have recently decided to makeefforts to draw attention to and publiclycondemn their situation”.Constitutional Court, Ruling No. 004, January 2009

While acknowledging that there had beensome advances on Indigenous issues, in hisreport on Colombia the Special Rapporteuron indigenous people concluded that thecountry’s laws, as well as governmentpolicies and programmes, had failed toeffectively protect Indigenous People and tosafeguard their fundamental freedoms andhuman rights.


RECOMMENDATIONS

The parties to the conflict must respect

the rights of civilians, including Indigenous

Peoples, not to be dragged into the

hostilities. They must respect the territories

in which Indigenous Peoples live and on

which they rely for their livelihoods.

As such, the parties to the conflict must

comply fully and immediately with the

repeated and long-standing human rights

recommendations of the Office of the UN

High Commissioner for Human Rights and the

Inter-American Commission on Human

Rights, as well as those presented recently by

the UN Special Rapporteur on indigenous

people and the UN Committee on the

Elimination of Racial Discrimination.

In particular, the Colombian government must:

� Guarantee the rights contained in the UN

Declaration on the Rights of Indigenous

Peoples, in particular the right of Indigenous

Peoples not to be removed from their

traditional lands and to give their free, prior

and informed consent to any economic

development on their lands.

� Comply with the January 2009

Constitutional Court ruling on Indigenous

Peoples and displacement, which calls on the

government to devise and implement a plan

to guarantee the rights of displaced and

endangered Indigenous Peoples.

� Ensure that measures are adopted

to improve the protection of Indigenous

Peoples displaced as a result of the

conflict, in line with UN human rights

recommendations, including the UN

Declaration on the Rights of Indigenous

Peoples and the UN Guiding Principles

on Internal Displacement.

� Ensure that all public officials, including

members of the security forces, stop making

public statements which seek to stigmatize

Indigenous Peoples and their leaders by

accusing them of belonging to or siding with

guerrilla groups.

� Adopt effective measures to prevent

human rights abuses against Indigenous

Peoples and identify, investigate and bring

to justice those responsible for abuses.

Guerrilla groups must also:

� Stop recruiting Indigenous children under

the age of 18. All child soldiers should be

immediately released and given appropriate

care by specialist institutions, in accordance

with the wishes of Indigenous Peoples

themselves.

� Stop using inherently indiscriminate

weapons, such as anti-personnel landmines,

which have had a disproportionate impact on

Indigenous Peoples.

� Prohibit and put an end to the deliberate

killing of non-combatants, including members

of Indigenous Peoples, in all circumstances.

� Immediately and unconditionally release

all civilians held by guerrilla forces and

commit to put an immediate end to all

kidnapping and hostage-taking.

cover: Embera Indigenous house, Playa Alta

Community, Chocó Department. At the time

this picture was taken, in 2005, the community

was at risk because of fighting between the

ELN and Colombian armed forces in the region.

© Jacques Merat, Archivo Fotográfico Pastoral

Indígena Diócesis de Quibdó

Colombia Indigenous Report Eng

News & Politics

Transcript of Colombia Indigenous Report Eng