REPORT OF THE DELEGATION OF THE INTERNATIONAL VERIFICATION MISSION TO THE INDIGENOUS PEOPLES OF CAUCA
SEPTEMBER 21-23, 2006
The International Verification Mission was made up of four delegations from different countries, individuals, and international and national nongovernmental organizations. It was accompanied by members of the diplomatic corps and the Office of the United Nations High Commissioner for Human Rights and other UN agencies. The delegations visited four regions of Colombia, in the departments of Cauca, Cesar, Arauca, and Córdoba.
This report reflects the visit of that part of the International Verification Mission that traveled to the department of Cauca, where they visited the municipalities of Toribío and Jambaló, as well as the communities of La María (municipality of Piendamó) and La Laguna (municipality of Timbío). The delegation was made up of the American Friends Service Committee (United States), Colombia Solidarity Campaign (Great Britain), Diakonia ) (Germany) Interteam (Switzerland), Swiss Program for the Promotion of Peace in Colombia – SUIPPCOL (Switzerland), Fundación de Caminos de Identidad—FUCAI (Colombia), Centro de Cooperación para el Indígena – CECOIN, Organización indígena de Antioquia (OIA), Colectivo de Abogados José Alvear Restrepo, Corporación para la Promoción Social Alternativa (MINGA), Human Rights Committee of the Colombian Senate, and the accompaniment of representatives of the Office of the United Nations High Commissioner for Human Rights, Cali office, the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), and the Embassy of Germany, Human Rights Office.
The objectives of the mission were as follows:
1. To verify, monitor, and highlight, on the ground, implementation of the recommendations made in the 2004 Report by the United Nations Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, Rodolfo Stavenhagen, by the Colombian State;
2. To verify and collect testimony on the human rights and humanitarian situation of the indigenous peoples.
To meet the objectives of the Mission, the group that visited Cauca met with oversight organs of the Colombian State, executive branch institutions, and human rights institutions as part of its work of verifying the status of implementation of these recommendations.
The delegation left on September 21 and visited the municipalities of Toribío and Jambaló. They met with indigenous and community authorities of the different resguardos. The Commission witnessed the organization and social participation of the communities in response to the violations of international humanitarian and human rights law. In Jambaló the delegation was received by more than 3,000 persons (children, women and men) who declared themselves to be in Permanent Assembly in the wake of recent violations of international humanitarian law and human rights obligations by the official forces.
The conclusions of the Mission are as follows:
1. Armed conflict, human rights, and international humanitarian law
Findings:
The international mission to look into the human rights situation of the indigenous peoples, in its visit to indigenous territories in Cauca, found that the indigenous communities are facing a critical situation due to the presence of the Armed Forces, paramilitary groups, and guerrilla groups in their territories.
In a visit to the municipalities of Toribío and Jambaló, it found that the presence of the National Army and the National Police violates the standards of international humanitarian law and international human rights law, the following situations being especially noteworthy in this respect:
• The presence of the Army and the National Police in structures and buildings, the installation of trenches, barricades, and tents in homes, schools, city hall, cultural centers, and other places in public use.
• The harm caused to the dwellings situated near the military facilities due to the action of unconventional weapons (gas cylinders) launched by the guerrilla forces. To date, the Colombian State has not made full reparation for the damage caused the families affected.
• The high level of risk of the indigenous communities, and the psychosocial consequences (fear and anguish) provoked by being in the crossfire, especially in children. In recent years Toribío has been the taken seventeen (17) times by the guerrillas, who have turned the municipality into a battlefield, turning the civilian population into human shields.
The dramatic effects of the most recent violations of international humanitarian law and international human rights law provisions include:
• The homicide of the indigenous minor WILDER FABIÁN HURTADO and the injuries caused to BAUTISTA YULE and ROBINSON ULLUNÉ, which occurred on September 16 in village of Zumbico, municipality of Jambaló, caused by the impact of shrapnel from a grenade fired by members of the National Army, specifically troops from the Pichincha Battalion commanded by Lieutenant Espinel. The explosive fell a few meters from where more than 2,500 indigenous had gathered; they were engaged in activities to raise money that was to be earmarked for improving the municipality’s school. (See attached statement.)
• In addition, the delegation heard the testimony of Gregorio Yule, the father of 15-year-old PAULA ANDREA YULE, assassinated by members of the FARC on 29 August in the municipality of Toribío. Her homicide was apparently caused by doubts sparked by the ties and abuses committed by the official forces with female minors in the community.
2. (a) Administration of Justice
Findings:
The testimony of community members and indigenous authorities as well as the documentation of cases by the regional indigenous councils and the Office of the Human Rights Ombudsman (Defensoría del Pueblo) account for the massive and systematic violations of human rights committed against the indigenous communities, by way of massacres, selective assassinations, disappearances, arbitrary detentions, and attacks on the territory, by the illegal armed actors and the official forces (see attached document).
Leaders of the Cabildos (local indigenous authorities) of northern Cauca are the subject of precautionary measures granted by the Inter-American Commission on Human Rights, yet as of the date of the mission, the Colombian Government has not sought to reach consensus on nor has it implemented measures of protection for the indigenous leaders.
The judicial investigations have not yielded significant results in the areas of investigating and punishing the persons responsible for the abuses and violations committed by members of the Armed Forces and the National Police against the members of the indigenous communities.
The mission is also concerned about the failure of the Colombian Government to implement the commitments that it had acquired in relation to truth, justice, and full reparation for the Nilo massacre (1991) and for the Naya and Gualanday massacres (2001), as well as the agreements that have been signed with the indigenous communities.
(b) Indigenous jurisdiction
Findings:
Even though the Colombian Constitution establishes that the authorities of the indigenous communities may exercise judicial functions within their territory, the indigenous jurisdiction regime is still fragile within the national system for the administration of justice.
The Tribunal of Indigenous Peoples of Northern Cauca has handed down several decisions on violations of international human rights law and international humanitarian law, but these have not been respected or implemented, or have been totally ignored by the relevant authorities.
Despite this situation, the Nasa Indigenous Tribunal Ûus Yutx Pehnxi, as the highest-ranking judicial body of the indigenous peoples who live in the indigenous territory of Jambaló and Toribío, in the exercise of the judicial authority conferred on it by the Ley de origen and the Constitution of Colombia, decided to take preventive actions to diminish such violations. They have decided that the presence of the National Police in the communities is not acceptable, and set a deadline for the Police to return the community centers, to clear the roads, and to remove the military and police posts found in the midst of the dwellings in the urban centers of Toribío and Jambaló.
The communities indicated that they understand the need for the State presence, but that it is not acceptable for the trenches and police bases to be situated in the schools, homes, and public parks. Despite the mediation provided by the Office of the Ombudsman, the Mission is concerned about the possible reaction of the police in Jambaló and Toribío given the long history of violations committed against these communities (see Pronouncement by the Mission of Verification on the Situation in Toribío and Jambaló, Cauca).
On September 22, the Mission went to La María, in the municipality of Piendamó, territory of dialogue, peace, and negotiation, where it found the following in relation to the administration of justice:
During the summit of social organizations held from May 15 to 20, 2006, in La María, Piendamó, territory of dialogue, peace, and negotiation, community member and member of the Guardia Indígena of the Resguardo of Corinto, JOSE PEDRO PASCUE CANAS, was assassinated, more than 40 participants in the Summit were injured, and 29 persons were detained.
Members of the ESMAD-National Police (anti-riot police) forcibly entered the premises, whereupon they looted and destroyed property and equipment belonging to the Cabildo. We verified the use of helicopter gunships, from which tear-gas was fired at men, women, and children for more than four hours. .
At the same time, the setting ablaze of dwellings, motorcycles, computer, destruction of vehicles, property of the office of the Cabildo, the attack on the health center, sound equipment, community media outlets, and other harm; and the theft of more than one hundred 25-pound bags of organic coffee, which were part of a productive project of the Guambiano community, and destruction of the coffee crop, which just then was being planted.
The Mission was informed of the arbitrary detention of the persons working at the radio station of the Resguardo of Caldono, RUBIEL LIS VELASCO and GRISELDINO YAFUE GUETOTO, who were detained Tuesday, September 19, 2006 in Caldono when several armed men appears in the offices of the radio station as officials of the Ministry of Communications, and informed them that there was a problem with the station’s license. With this pretext, they were taken to Liberia, Popayán, and finally to Santander de Quilichao, where they were later turned over to the competent authority and accused of the crime of rebellion. These incidents are on top of other accusations made against several community radio stations, and information about criminal investigations into more than 40 indigenous community members.
3. Conflict, Human Rights, International Humanitarian Law in the communities of Caldono, Timbiquí, Tierradentro, central Cauca, southern Cauca:
Although the armed groups are under an obligation to comply with international humanitarian law at all times, and to respect human rights, confrontations have taken place in Caldono between the official forces and the guerrillas, as well as bombardments, which have had a negative impact on the residents of the region.
In the Pacific coast region, the Eperara Siapidaras denounced that with the arrival of drug-trafficking, displaced from Putumayo, are invading the indigenous territories and forcing the indigenous communities to become linked to these activities. In the municipality of Timbiquí, despite the presence of the Marine Infantry Battalion, the drug boats pass by with total freedom. The resguardo of Santa Rosa reports the forced disappearance of three persons.
In the area around Tierradentro, where 24 cabildos are based, several indigenous persons have been killed in the crossfire between the guerrillas and the official forces. In addition, several have been wounded by antipersonnel mines.
The Kokonuco communities, situated in the center of Cauca, reported that members of the Third Battalion “José Hilario López,” raped a female student from in this community of this community. In the indigenous community of Quintana, there was an attack on the Governor; the authorities have ignored the concerns expressed by the community. All the armed actors recruit indigenous youths.
In the Yanacona territory, in southern Cauca, it was reported that schools and homes were occupied by the High Mountain Battalion. And a paramilitary group called the “Macheteros del Cauca” raped three Yanacona women.
4. Forced Displacement:
The pressure of the militarization in the municipalities of Jambaló and Toribío as well as the other parts of Cauca have given rise to massive forced displacements and strong positions on the part of the indigenous and campesino communities rejecting the presence of the official forces and illegal armed actors.
In the Naya region, populated by campesinos, Afrodescendants, and Nasa and Eperara Siapidara indigenous communities, a massacre was committed on April 11, 2001, that took the lives of more than 100 persons. It was perpetrated by a paramilitary command of the Bloque Calima with the complicity of the official forces. Five years after the fact, even though several members of the paramilitary forces have been convicted, they may soon be released with the implementation of the Law on Justice and Peace application, and no member of the official forces has been identified in any judicial investigation as a possible suspect. To date, no reparation has been made to the communities affected
For its part, the Commission went to the municipality of Timbío, where several displaced families have been since the Naya massacre. This community is living in extreme poverty, and the Government has not provided the comprehensive assistance needed. Accusations made against the community by paramilitary groups are worrisome; such groups are returning to the area and pressuring the community and its leaders. One specific case involves a community member from Timbío who was threatened and kidnapped for three hours by hooded men who tried to “extract information from him” (“sacarle información”) about the community leaders and their organization.
5. Meetings with the Office of the Governor of Cauca and State Oversight Agencies:
The delegation culminated its visit with meetings with the Governor of the department of Cauca, Juan José Chaux Mosquera, the secretary of government, and the Governor’s private secretary, as well as the Office of the Human Rights Ombudsman, and the local and regional levels, and the Office of the Inspector General.
The delegation is concerned by the great difference between the information provided by the Governor of Cauca and his advisers and what the state and local oversight agencies reported, as well as the indigenous communities and authorities in relation to territorial reparation, peaceful protests, and violations of human rights and international humanitarian law by the legal and illegal armed actors.
Also of concern is the failure to implement the various recommendations made by the oversight agencies so as to make it possible to go forward in improving the situation of the indigenous peoples of Cauca. In particular, the lack of will on the part of the National Government to relocate the trenches and bases of the official forces, as established by the norms of international humanitarian law, although in the interview with Governor Juan José Chaux Mosquera, he expressed the need to move the trenches and military bases from the community.
In the meetings with the state oversight agencies, government authorities, indigenous authorities, and indigenous communities in Cauca, we, the members of the delegation, concluded that the main recommendations of the United Nations Special Rapporteur on human rights and fundamental freedoms of indigenous peoples, have not been carried out by the Colombian State.
The Organización Nacional Indígena (ONIC), the Consejo Regional del Cauca (CRIC), the Asociación de Cabildos Indígenas del Norte del Cauca (ACIN), the traditional authorities, and the indigenous communities have sought to implement these recommendations, with little support from the national or departmental government, and in conditions of extreme vulnerability that place them at greater risk.
The ONIC, for example, has taken up the recommendation of the Rapporteur to create a broad and independent commission to oversee respect for human rights and international humanitarian law among the indigenous peoples, and has noted the importance of the International Verification Mission permanently monitoring the situation of the communities and implementation of the recommendations.
In the communities visited by the delegation of the International Mission, it was noted that the Guardia Indígena and the traditional authorities have implemented measures to create peace zones. Nonetheless, the presence of the Army and Police thwarts the decision adopted by the communities.
Government emergency and services programs for the indigenous communities are minimal and do not have sufficient resources to perform their functions; an example of this is that they do not have resources to travel to address the community’s emergencies and needs.
6. Recommendations of the International Verification Mission:
The International Verification Mission, having examined the situation on the ground and having met with government agencies and oversight organs, takes this opportunity to ask the Colombian State to implement the appropriate actions so as to carry out the recommendations of the UN Special Rapporteur on human rights and fundamental freedoms of indigenous peoples, and in particular:
• To respect the autonomy of the indigenous communities, their territory, their usages and customs, and their jurisdiction, as these are vital components of their culture.
• To remove the trenches, posts, and stations of the Army and Police located in their territories, and relocate them at a distance such that the life and physical integrity of men and women, and in particular the lives of the children, are not endangered.
• To implement the actions for the Army and Police to suspend civic-military actions that seek to involve the indigenous communities in the armed conflict.
• To have the Army and Police respect access to humanitarian aid, good, and have fundamental rights respected and fundamental needs met.
• To respect and recognize the legitimacy of the Guardia Indígena as a process of resistance and survival of their territory, and defense of their lives and their autonomy.
• Training should be organized for the Army and Police, the executive-branch authorities, and judicial officers on the rights of indigenous peoples, indigenous jurisdiction, the Ley de origen, their own law, the rights of children, human rights generally, and international humanitarian law, to prevent new violations.
• That the investigative agencies and oversight organs of the state act promptly, effectively, and speedily in criminal and disciplinary investigations into violations of human rights and humanitarian law committed against the indigenous communities of the Cauca. Those responsible should be investigated, prosecuted, and punished, as an effective means of helping to reestablish truth and justice, and prevent such acts from remaining in impunity.
• That individual and collective reparation be made to the family members and indigenous communities affected by these acts of violence that takes into account respect for ethnic and cultural diversity, the cosmovision, and the relationship with the Mother Earth.
• That the State adopt measures to hand over ands suitable for food production so as to help improve the economy and guarantee their existence, and lead to food sovereignty and overcoming the factors of violence faced by the indigenous peoples of Cauca.
• That the State prepare investment plans that lead to the integral and sustainable development of the indigenous communities in areas such as education, health, economy, environment, territory, culture, self-government, justice, and own political system, among others.
• That the individual and collective measures of reparation for the Nilo Massacre be carried out, and lands turned over, in keeping with commitments taken on by the Colombian State before the Inter-American Commission on Human Rights (IACHR).
• That reparation be made to the indigenous peoples for the massacres of Naya, Canoas, and Gualanday, among others.
Bogotá, September 2006
