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

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was fatally shot on July 26, 2009, on a rural road between the towns of Pitayo and
Jambalo. ONIC claims that the Army was involved, since he was allegedly later
presented as killed in combat. Dagua was scheduled to meet with the UN Special
Rapporteur for the Rights of Indigenous Peoples James Anaya later that same day.
Injury to Three Civilians: NGOs report that on July 20, 2008, members of the
Colombian Armed Forces shot at indigenous civilians Cristanto Cheche Campo, Amelia
Estevez Vitucay and Wilson Tequia Tequia (minor) on the road from Quibdó to Medellin
despite the family having informed the military that they were going to look for food.
Amelia Estevez Vitucay escaped but was badly injured.
Injury to 26 Civilians in Northern Cauca: According to NGO reporting, on July
3, 2008, 26 indigenous people were injured by the National Police‘s Anti-Disturbance
Squadrons (ESMAD – riot police) in Northern Cauca while cutting down sugar cane to
sow subsistence crops. Among the wounded were three minors Francisco Ul Noscué,
Eduardo Marino Tenorio and Diego Pazú, who were allegedly shot by members of
ESMAD. While fleeing the scene, some of the 26 were injured by shards of glass from
reconverted grenades. Aldemar Ramos del Resguardo Huellas lost the fingers on his
right hand.
Injury to Three Members of the Resguardo Munchique los Tigres: According
to NGOs, on August 22, 2008, three members of the Munchique los Tigres indigenous
community in Cauca (Luis Carlos Guasaquillo, Julio Diaz and Monika Diaz), were
allegedly wounded ―while defending their territorial rights‖ by members of ESMAD.
Luis Guasaquillo‘s arm had to be amputated because it was severely damaged by an
explosive, allegedly thrown at him by the ESMAD. Julio Diaz was rendered
unconscious, reportedly beat by Police who used machetes and sticks. Sixteen-year old
Monika Diaz has a firearm wound from a weapon allegedly fired by the Police.
Relations Between the Armed Forces and Indigenous Communities
Though permitted under Colombian law, the presence of military personnel and/or
equipment on indigenous lands at times creates friction between the Armed Forces and
indigenous groups. NGOs report concerns about the presence of the Armed Forces on or
near indigenous territory, not only because the communities may not have granted
permission, but because they say the presence of the Armed Forces can draw in illegal
armed groups, thereby bringing danger to the communities.
The Armed Forces continue to take measures to improve their communication with
indigenous communities; increase their own understanding of the land and property rights
of these groups; and raise awareness among military planners regarding the impact of
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