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

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and Cauca, met with members of dozens of different indigenous groups in Bogotá, and
received reports from the Colombian government, the local United Nations offices, and
donor countries. In his preliminary report he stressed that the FARC is the foremost
threat to the rights of indigenous people in Colombia. Anaya urged the security forces to
respect indigenous peoples' autonomy and to negotiate with local authorities ―the
conditions surrounding any necessary presence in their territories.‖
In terms of the government‘s response to the security of the indigenous, Anaya
described the Early Warning System run by the Ombudsman‘s Office as ―an important
mechanism for identification and prevention of violence against indigenous peoples.‖ He
urged the Colombian government ―to ensure all necessary support for the effective
functioning of these institutions, including implementation and funding of the early
warning system.‖ With respect to the government's efforts, he said ―concrete steps‖ had
been taken but there had been no ―concrete changes‖ benefiting indigenous people.
Violence Against Members of Indigenous Groups
During the certification period, cases of violence against members of indigenous
groups by both members of illegal armed groups and members of the Armed Forces were
reported. As of July 2009, ONIC claims it has documented 60 politically motivated
killings of indigenous people. The organization reported 99 such killings in 2008.
Violence by Illegal Armed Groups
The FARC continued to commit acts of violence against indigenous groups, at
times planting anti-personnel mines in indigenous territories, essentially turning many of
these areas into minefields. Emerging criminal groups also committed violent acts
against indigenous groups, causing displacement, and homicides were attributable to the
groups during the certification period. While it is not possible to list every such incident
in this certification, for descriptive purposes, below is a list of several incidents that
occurred during the certification period. When known, government action on the cases is
listed.
Homicide of Marino Mestizo: Indigenous leader Marino Mestizo was killed by
two masked gunmen on June 24, 2009, in Caloto (Cauca). Mestizo had reportedly
received threats from illegal groups because he opposed cocaine laboratories on
indigenous reservations.
Homicide of Robert de Jesús Guacheta: Robert de Jesús Guacheta, Deputy
Governor of the Honduras Indigenous Reserve in Cauca, was shot and killed on May 18,
2009, by an unknown assailant. Guacheta was known for his tough stance against coca
production and private sector investment.
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