memorandum of justification concerning human ... - Just the Facts

SECTION 7046(b)(1)(B)(iv)
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Section 7046(b)(1)(B)(iv) of the FY 2009 FOAA requires a determination that:
“The Government of Colombia is respecting the rights of Colombia’s indigenous
and Afro-Colombian communities, and the Colombian Armed Forces are
implementing procedures to distinguish between civilians, including displaced
persons, and combatants in their operations.‖
Overall, the Colombian government is respecting the rights of Colombia‘s
indigenous and Afro-Colombian communities. The Armed Forces are implementing
procedures to distinguish between civilians, including displaced persons, and illegal
armed groups during their operations. There were reports of abuses by members of the
Armed Forces against these communities during the certification period, but these reports
were not indicative of government policy, and government actions during the certification
period were specifically aimed at eliminating such abuses. Nonetheless, as the UNHCHR
pointed out in its 2008 report, indigenous and Afro-Colombian communities are groups
most vulnerable to human rights abuses by all armed actors due to the strategic
importance of the land they inhabit, and their historic marginalization within Colombian
society.
By law, Afro-Colombians have collective ownership of five percent of Colombia‘s
land. Indigenous groups, though smaller, have collective ownership of 30 percent.
NGOs allege armed groups have forced Afro-Colombian communities off their land,
resulting in that ethnic group constituting an estimated one third of displaced persons in
Colombia. These groups cite similar occurrences with regard to indigenous communities.
They also allege that the Armed Forces fail to consult with indigenous and Afro-
Colombian groups regarding projects that would affect them, and that security forces
have committed extrajudicial killings, and detained arbitrarily, and inaccurately identified
individuals in these groups as guerillas. Still, indigenous and Afro-Colombian groups
continue to be particularly affected by the armed conflict because of their location in
strategic areas, such as narcotrafficking corridors and coca cultivation areas. The Armed
Forces are concerned about actions taken by illegal armed actors to infringe on the rights
of these communities and has taken steps to protect these groups, though these actions are
not always welcomed by the communities.
Vice President Santos announced the recommendations of the Afro-Colombian
Inter-Sectorial Commission on May 29, 2009. For the previous year and a half, the
Commission met with over 4,000 representatives from Afro-Colombian communities
throughout the country. He underscored the Colombian government‘s commitment to
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