The promotion
and protection of human rights of indigenous people, a particularly vulnerable
sector of the population, is an integral part of the present government's
Policy on the Promotion, Respect and Guarantee of Human Rights and the
Application of International Humanitarian Law, 1998-2002. Protecting the
lives, personal integrity and liberty of persons who are victims of threats
and harassment, and preventing massacres and murders in the context of
the armed conflict is a priority aspect of this policy.
The human rights problems facing indigenous people, particularly violations
of the right to life, are the subject of special attention by the Presidential
Program for Human Rights and IHL. The Program promotes avenues of agreement
with the communities, gives support to the work of the organizations involved,
and takes up the communities' initiatives.
Representative of the indigenous groups' efforts to keep out of the armed
conflict are a number of initiatives that have been nominated for the
National Peace Prize. These include courses of action adopted by the Antioquia
Indigenous Organization, OIA, the Yaconana indigenous community of the
Rioblanco Reservation, municipality of Sotará, Cauca, the U·wa
community, the Wayuu families of Guajira, who signed a peace pact, the
Páez community of Gaitanía, Tolima, and the award-winning
Nasa Project of Santander de Quilichao.
The national Government is currently taking steps to give fresh impetus
to the National Commission on Human Rights for Indigenous Peoples, created
by Decree 1386 of 1996 with the aim of promoting the government's policies.
The Commission has allowed strategies to be worked out to find solutions
to the difficulties of this sector of the Colombian population, taking
account of their habits, customs and worldviews. From this perspective,
the Commission provides a space for constructive dialogue. This contributes
to conciliation, allows a better understanding of the problems that indigenous
reservations and the areas under their jurisdiction are faced with, and
makes it possible for the national government to gain first-hand knowledge
of the situation of indigenous peoples and their perception of issues
of high significance at a national level, such as the peace process and
its implications. It also has allowed the real dimensions of the conflict
in their territories to be determined.
The Commission is made up of indigenous representatives from the National
Indigenous Peoples' Organization of Colombia, ONIC, the Organization of
Indigenous Peoples of Colombian Amazonia, OPIAC, the Tairona Indigenous
Councils, CIT, special guests from other communities, national government
officials, and representatives from the Attorney General's Office, the
Prosecutor General's Office and the Office of the People's Advocate. In
addition, it receives advice from the Office of the United Nations High
Commissioner for Human Rights. The Commission is responsible for the analysis
of critical issues relating to individual cases of human rights violations,
particularly those involving certain indigenous communities that have
filed complaints recently. These include the Huitoto-Barí, the
Chimila, the Zenú, the Nukak, the upper Naya, the Arhuaco and the
Nariño communities.
In collaboration with a number of civil society organizations and the
international community, the Commission provides humanitarian assistance
in cases of violations of human rights of indigenous people. The communities
that have received assistance include the following: Embera and Tules
of Juradó, Chocó, the Páez communities of the upper
Naya, in the departments of Cauca and Valle, the Arhuaco, Wiwa, Kogi,
Kankuano and Yukpa communities of the Sierra Nevada de Santa Marta and
the Perijá Range, departments of Magdalena, Guajira and Cesar,
the Embera-Katío communities of the upper Sinú, department
of Córdoba, and the Barí communities of Northern Santander.
Furthermore, the Commission deals with more general issues, of interest
to all indigenous peoples. These include the drawing up of a Special Statute
on the Protection of Human Rights of Indigenous Peoples, the incorporation
of indigenous issues and indigenous rights into the peace process, the
way of dealing with forced displacement of indigenous peoples within the
framework of the Program for the Provision of Care to Indigenous People
Victim of Violence, the funding of emergency programs, the strategies
to improve relations with the armed forces and the police, and the issue
of illegal crops. The Commission was given a new dynamism by a proposal
for comprehensive care agreed on with indigenous people affected by human
rights problems in the context of the armed conflict.
The Office for Indigenous Affairs of the Ministry of the Interior also
fulfills functions in connection with the protection and defense of the
indigenous population. It deals with complaints of abuses of human rights
of the indigenous population of Colombia, promotes the inclusion of a
human rights element in the development plans of municipalities with indigenous
populations, and is a member of interinstitutional commissions responsible
for assessing special situation, such as the extreme poverty of indigenous
people in Bogotá, or the particular stance of the Embera-Katío
on the internal conflict. In another example, it played a role in the
accompaniment of returning displaced indigenous communities living in
Cupica Bay and Turbo, and in the Cacarica River Basin, in the departments
of Chocó and Antioquia.
The Social Solidarity Network is responsible for attending to problems
relating to the displacement of indigenous people. The Colombian Institute
for Family Welfare, for its part, deals with cases of indigenous children
affected by the armed conflict. The Presidential Program for Human Rights
and IHL of the Vice President's Office provides special assistance in
cases of violation of human rights of indigenous communities, expediting
the processing of complaints and the attention to cases. In particular,
its intervention has been requested by the CRIC, the ONIC and the Embera
community. During the past month it arranged the allocation of funds for
special events organized by five indigenous communities.
The Witnesses and Threatened Persons Protection Program, of vital importance
in the present government's human rights policy, includes the provision
of protection for indigenous leaders, and the reinforcement of indigenous
organizations headquarters.
The armed forces and the police are strengthening their presence in areas
where, according to reports from indigenous authorities, the communities
are in danger. The cases to which the Ministry of Defense has given special
attention during this year include the following: Violent events affecting
the Embera-Katío community of the municipality of Tierralta, in
the department of Córdoba; the murder of José Ángel
Domicó-Jarupia, a leader of the same community; the disappearance
of indigenous leader Kimi Pernía-Domicó, and threats against
another leader, Emiliano Domicó-Majore; the situation facing the
Embera-Chamí of Pueblo Rico, Risaralda; the murder of three indigenous
persons, Víctor Manuel Villazón, Eneida Arias, and Fredy
Arias, in Rioseco, Córdoba; threats from illegal armed groups against
the community of the upper Naya region, in Cauca, the community of the
municipality of Morales, Cauca, and the Munchique and Canos reservations
of Santander de Quilichao, Cauca; the kidnapping of Reinero Jurado and
Fabio Ruiz-Cajas in San Miguel, Putumayo; the presence of self-defense
groups and the murder of an indigenous person, Fredy-Hamilton Piaguaje,
in Puerto Asís, Putumayo; several cases involving the Bari community
of Catatumbo and Río de Oro, Santander; the problems confronting
the indigenous people of San Andrés de Sotavento, Córdoba;
threats by self-defense groups against the Chimila Issaurituna communities
in Sabanas de Ángel, Magdalena, and the reservations of San Juan
del Cesar, in Guajira; and alleged abuses by members of the armed forces
and the police.
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