November 10, 2006
Jonathan D. Farrar
Principal Deputy Assistant Secretary
Bureau of Democracy, Human Rights and Labor
Department of State
2201 C Street NW
Washington, DC 20520
Dear Mr. Farrar,
The Washington Office on Latin America (WOLA), American Friends Service Committee (AFSC), Amazon Watch, and the Colombia Human Rights Committee (CHRC) recently participated in a mission to Colombia organized by the National Indigenous Organization of Colombia (ONIC) from September 19-29, 2006. The purpose of this mission was to assess the current humanitarian and human rights situation of indigenous peoples in Colombia. Through this communication, we would like to present you with cases of concern involving indigenous communities that we documented during this trip.
These are of particular interest to the Bureau of Democracy, Human Rights, and Labor because they illustrate instances and ongoing situations in which the Colombian Government has failed to take “effective steps to ensure that the Colombian Armed Forces are not violating the land and property rights of Colombia’s indigenous communities,” as found in section F of HR 3057 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act.
Additionally, the full scope of the “land and property rights” to which indigenous peoples are entitled is outlined in the Colombian Constitution of 1991, which grants them the right to indigenous “territorial autonomy” and the legal recognition of indigenous leadership structures as governing bodies in indigenous territories. Respect for indigenous territorial autonomy is a component of the land and property rights of indigenous communities under Colombian law and we strongly recommend that it be evaluated as such when considering whether the Colombian Government is taking effective steps to ensure that the Colombian Armed Forces are not violating the land and property rights of indigenous communities.
The cases listed below are situations of concern involving the Colombian Armed Forces in indigenous territories in the regions of Arauca, Cauca, Guaviare, Sierra Nevada, and Tierralta (Córdoba) that we think violate the condition. The information on these cases comes from our regional visits, testimonies, and reports received by the delegates on the mission.
1. Cauca
In the municipalities of Toribío and Jambaló in Cauca, mission delegates witnessed army and police bunkers and trenches beside community buildings, homes, health clinics, schools and other public places. The proximity of these bunkers and trenches to living areas has caused the communities to be caught in the crossfire in 17 violent confrontations between the armed forces and guerillas in the last three years, resulting in the loss of human life and destruction of indigenous property. This loss of life and property has been documented by the government’s human rights ombudsman and attorney general, among other government monitoring bodies.
On September 16, 2006 in the municipality of Jambaló, a child, Wilder Fabián Hurtado, was killed, two men were wounded, and a community building was destroyed when a mortar grenade was launched into the indigenous community by troops belonging to the Pichincha Battalion under the command of Lieutenant Espinel.
Wilder’s death led to a tribunal held by the communities, in which they determined that the military and police bunkers and trenches located inside their communities’ living areas were endangering the lives and property of indigenous community members. The indigenous tribunal, which is recognized by the Colombian Constitution of 1991 as an autonomous governing body in the indigenous territories, issued a request that these constructions be removed by the Colombian military and police by September 28, 2006. This request was ignored and on September 28, 2006, community members peacefully initiated the removal of these constructions. Mission delegates are particularly concerned for the safety of these communities because despite indigenous peoples’ right according to the 1991 Constitution to apply their own laws in their territories, there is a risk that the Colombian government or armed forces will replace these trenches in civilian living areas, once again endangering civilians.
2. Arauca
Mission delegates to Arauca listened to numerous testimonies from members of the Guahiba and Sikuani indigenous peoples, who stated that the 18th and 5th Mobile Brigades have endangered the lives of civilians on numerous instances within the past year. Colombian soldiers have housed themselves in, stored equipment in, conducted operations from, and sought refuge in civilian infrastructure such as the schools, health clinics, and community centers of the Guahiba and Sikuani communities. The use of such civilian dwellings by members of the Armed Forces without the consent of indigenous persons or the indigenous community leaders is a violation of indigenous territorial autonomy granted under the 1991 Colombian Constitution and a violation of international humanitarian law.
Additionally, given instances during April and May of 2003 that resulted of the destruction of indigenous land and property in these communities by members of the Colombian Armed Forces, the ongoing presence of the armed forces in civilian infrastructure is of great concern. Throughout April and May of 2003 the Colombian Armed Forces occasioned the destruction of indigenous property and loss of life, for which these communities have yet to receive any type of reparations or see those responsible put on trial. On April 3rd, the Sikuani community in Betoyes was bombed by the Colombian Air Force during combat operations between the guerrillas and the paramilitaries, killing two Sikuani civilians and destroying their property. Due to the bombing, the Sikuani living in Betoyes were forced from their lands, and displaced to the towns of Pueblo Nuevo and Caranal. On the May 5 there was a joint military/paramilitary incursion by members of the Colombian Army and members of the Bloque Centauros of the AUC purportedly to ward off an attack from the FARC and the ELN. Because of that joint military/paramilitary incursion, on May 12 around 360 Sikuani fled their homes and left behind all their property, and went to the Cristo Rey Parish in Saravena. After four months of being internally displaced, the Sikuani returned to their traditional indigenous territories but were not given any government assistance nor were any measures taken by the Colombian government to guarantee and ensure that the conditions of a safe return exist. Because of that, many members of the community have been forced to leave again after returning due to ongoing pressure, intimidation and presence of those responsible for the original displacement.
3. Guaviare
In Guaviare, the Escuela de Fuerzas Especiales de Barrancón, a military school, base, and firing range, are currently located within the Guayabero indigenous reserve. The military base and school were established in 1991 on territory which was then known to be territory the Guayabero occupied and used for their subsistence (at that time it was a reserva; but has since been recognized as a resguardo). The ongoing operation of this military base has infringed upon the territorial rights of the Guayabero peoples and occasioned the loss of life and property in the indigenous community. For this reason, the leaders of the Guayabero communities are calling for the base to be moved off of their traditional lands. This base should be of particular concern to the U.S. because the base has served repeatedly as the location of U.S. Special Forces trainings of Colombian Armed Forces personnel.
Members of the community have expressed concern over the fact that five trenches have been built on the best agricultural lands, and that military exercises including simulated firefights take place on the base. Additionally, the prohibition of hunting and fishing at night, which was put into place after the base opened, has had a very detrimental impact on the Guayabero peoples’ nutritional habits, health, and autonomy.
On May 16, 2005, seven Guayabero children were seriously injured while going through articles discarded by members the Colombian Armed Forces and looking for cans to recycle when one picked up a live grenade among the trash and it exploded. A 5 year old boy suffered serious burns on 50% of his body, while a young woman lost both hands. The indigenous community believes that negligence of members of the Colombian Armed Forces led to this incident, which, coupled with the situation outlined above, have led the community to call for the base to be moved.
4. Sierra Nevada de Santa Marta
In the Sierra Nevada de Santa Marta, mission delegates visited with leaders of the four indigenous peoples of the Sierra (Arhuaco, Kankuamo, Kogui, and Wiwa), and also met with representatives of the Wayúu (of La Guajira). Delegates were concerned to observe the police bunker located next to the health clinic in Atánquez, the largest Kankuamo community, and received testimonies from community leaders that the Army regularly carries out activities in the indigenous territories without consulting the local authorities. The persons we interviewed pointed out that this undermines a December 2001 agreement between the peoples of the Sierra and the national government, according to which “public and private involvement in the Sierra Nevada should be coordinated in the framework of traditional indigenous land-use management….” Additionally, community members report this year that the Army has taken over the school and adjacent area in the Kankuamo village of Guatapurí. Colombian Armed Forces units have also occupied sacred sites, including one known as La Laguna, which is sacred for all four peoples.
Mission delegates who visited the Sierra Nevada de Santa Marta were also told that military operations are routinely carried out in indigenous territories without consulting with the indigenous peoples’ leadership councils by the La Popa Battalion, based in Cesar; the Cartagena Battalion, based in La Guajira; the High Mountain Battalion (in Arhuaco territory); and the Rondón Mechanized Group (based in La Guajira). This violates the territorial autonomy granted to indigenous peoples under the 1991 Constitution.
5. Tierralta, Córdoba, Indigenous Reserve of the Embera Katío of the Upper Sinú River
Mission delegates visited the indigenous communities located in the Embera Katío reserve on the Upper Sinú River and received numerous testimonies that members of the Colombian Army’s 11th Brigade based in Puerto Frasquillo are currently withholding food and medical supplies from reaching these indigenous communities. Army officers in the port have been confiscating the legally obtained personal property of indigenous persons, including food, medicines, and gasoline, and threaten and intimidate the drivers of the canoes that carry such supplies to the communities. The Embera Katío are nutritionally dependent on the food supplies brought in from Puerto Frasquillo; because of this, it is particularly concerning that the armed forces are withholding food and medical supplies from these indigenous communities, without respect for their territorial autonomy or rights to property such as the goods procured legally from the port, and threatening these peoples with nutritional deficiencies.
Our organizations met with Ambassador William Wood, John Creamer, and Kevin Murakami of the U.S. Embassy in Bogotá on September 27. At this meeting, we shared with the Embassy our findings of the mission and expressed our concerns about the situations listed above. We received a warm reception and were pleased with the attention given to these matters by Embassy staff. We are sharing these concerns with you as well because we believe strong action is needed on the part of both the Department of State and the U.S. Embassy to ensure the protection of Colombian indigenous peoples’ land, property and human rights. We also would like to recommend that you take the following actions:
• Make the human rights concerns of indigenous peoples and their specific land and property rights a priority issue in your dialogue with Colombian government officials. We ask that you work with your colleagues to ensure that indigenous issues are comprehensively covered in the Department of State’s annual report on the human rights situation in Colombia.
• Urge the Colombian Government to immediately cease all practices by the Colombian Armed Forces that are in violation of condition F of HR 3057, which stipulates that the Colombian Government be “taking effective steps to ensure that the Colombian Armed Forces are not violating the land and property rights of Colombia’s indigenous communities.”
• Encourage proper investigation and prosecution by the Colombian Attorney General’s Office in all cases where deliberate actions or the negligence of members of the Colombian Armed Forces have resulted in the death or destruction of property of indigenous persons, including the death of Walter Fabián Hurtado in Jambaló on September 16, 2006; the death of two Sikuani indigenous civilians in Betoyes on April 3, 2003; and the May 16, 2005 grenade injury of seven children in Guaviare.
• Use your good offices to encourage the Colombian Armed Forces to respect the rights of indigenous communities to territorial autonomy, as dictated by the 1991 Colombian Constitution, in all traditional indigenous territories.
• Evaluate the effectiveness of the response of the Colombian government to cases such as those presented above when considering whether condition F of HR 3057 has been met in order to certify Colombia to receive U.S. foreign assistance funds.
At the last NGO consultation meeting with the Department of State on September 15, 2006, non-governmental organizations including WOLA presented to you several cases of concern involving indigenous persons and communities. It is important that these, as well as all cases presented by Colombian non-governmental organizations, U.S. NGOs, and the cases listed above, be considered in determining certification of U.S. assistance to Colombia under HR 3057.
We look forward to hearing from you about progress on these cases. In turn, we will make our best efforts to share with you any additional relevant information that comes to our attention. Please let us know if you would like us to provide you with any further details on the cases we listed above.
We thank you in advance for your attention to these issues and for actions taken by the Department of State and the U.S. Embassy to assure the protection of indigenous peoples’ human rights and rights to land and property in Colombia.
Sincerely,
Andrew Fandino
Amazon Watch
Angela Berryman and Natalia Cardona
American Friends Service Committee (AFSC)
Charles Roberts
Colombia Human Rights Committee (CHRC)
Gimena Sánchez-Garzoli and Jessica Eby
Washington Office on Latin America (WOLA)
CC: The Honorable William Wood, United States Ambassador to Colombia
John Creamer, Political Counselor
Kevin Murakami, Human Rights Officer
Nan Fife, Senior Colombia Desk Officer
Susan Sanford, Colombia Desk Officer
Jennie Muñoz, Western Hemisphere Desk Officer, DRL
The Honorable Patrick Leahy, United States Senate
