The indigenous population of Colombia, currently estimated at nearly a million persons -close to two per cent of the country's population, forming 82 peoples, has been profoundly affected by the escalating armed conflict, and is the victim of threats, persecution, murders, kidnappings and displacement. This is confirmed by the general trends in the information provided by both state bodies and civil society organizations. The study of the situation of indigenous people is made all the more difficult by the fact that the sources of data are inaccurate and insufficient, their scope is limited, and underestimation is frequent. Therefore, they can only be used in a complementary way.

Figures provided by the Administrative Department of Security, DAS, a government body, and CINEP - Justice and Peace, two non-governmental organizations, indicate an upward trend in the number of violations of the right to life of indigenous people. CINEP - Justice and Peace figures show that indigenous people were victims, more frequently in 2000 than in 1999, of politically motivated murders. Also, as regards infringements of IHL, they were victims of intentional homicides and injuries inflicted on protected persons.

According to the Administrative Department of Security, DAS, the indigenous people are victims of both the self-defense groups and subversive organizations, particularly the FARC. This clearly shows to what extent indigenous peoples suffer the consequences of the armed conflict. Beyond the categories established by the DAS, however, and taking account of the large number of indigenous persons allegedly murdered by unknown individuals and common criminals, it could be concluded that the figures for indigenous people killed as a consequence of the actions of illegal armed organizations are higher than previously thought.

HOMICIDES OF INDIGENOUS PEOPLE PER YEAR *UNTIL JUNE 2001

Source: Administrative Department of Security, DAS Processed by the Observatory of the Presidential Program for Human Rights and IHL.

The geographical distribution of violations of the right to life of indigenous people and infringements of IHL coincides with the location of their territories. A negative impact has been particularly strong among certain ethnic groups, and is attributable chiefly to the activities of self-defense and guerrilla groups. The worst-affected groups include the Embera-Katío and the Embera-Chamí, the victims of homicides and massacres, among other violations, in the departments of Córdoba, Antioquia and Chocó; the Nasa -several Páez Indians fell among the victims of the upper Naya massacre, and the Guambiano of Cauca; the U´wa of Arauca, Boyacá and Northern Santander; the Arhuaco, the Kogi, the Arsario and the Kankuamo of Cesar, Magdalena and Guajira, inhabitants of the Sierra Nevada de Santa Marta; the Wayuu of Guajira; the Coreguaje of Caquetá; the Inga and the Siona of Putumayo, the Zenú of Córdoba; and other ethnic groups of Guainía and Vaupés.

INDIGENOUS PEOPLE KILLED IN THE CONFLICT

Source: CINEP - Justice and Peace, Noche y Niebla Journal Processed by the Observatory of the Presidential Program for Human Rights and IHL.

State action as regards the protection and guarantee of human rights through the administration of justice includes the penalization of violations of the rights of indigenous communities. The Human Rights Unit of the Prosecutor General's Office is currently conducting 146 procedures for violations of the rights of indigenous people, 119 of which are cases of homicide. As far as the progress of these processes is concerned, in July 2001 there were 85 investigations at a preliminary stage, 11 indictments has been returned, 4 restraining orders had been issued, one case was at a trial stage, and one more had been transferred to a military criminal court.

VIOLATIONS OF HUMAN RIGHTS OF INDIGENOUS PEOPLE BY PERPETRATOR JANUARY 1999 TO JUNE 2001

Source: Administrative Department of Security, DAS Processed by the Observatory of the Presidential Program for Human Rights and IHL.