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

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military operations on indigenous communities. The Ministry of Defense has issued a
number of directives – most notably the Permenant Directive of 2006 – related to
prevention and protection during displacements, including the need for special protection
for vulnerable groups such as the indigenous. The ICRC continues to offer the Armed
Forces advice on incorporating international humanitarian law into its theoretical and
practical training programs. The United Nations High Commissioner for Refugees
(UNHCR) also works with the Armed Forces to improve knowledge of rights of the
displaced, with a special focus on the adverse impact displacement has on indigenous
groups. Some 3,000 members of the Armed Forces participated in UNHCR-led
workshops in 2008.
The Armed Forces states it cannot provide notice for most military operations due
to security considerations, but consults with leaders of indigenous communities when
possible before entering land held by communities. Some groups, like the Arhuaco of the
Sierra Nevada welcome the presence of the Army because it deters the FARC; however,
the Arhuaco asked the Police to withdraw from its territory, which it did.
The Cofán and Prior Consultation
Indigenous groups cite international obligations 36 – accepted by the Colombian
government – that require prior consultation with their communities if an action by the
Armed Forces is going to affect the community. Some indigenous groups, like the Cofán
in Southern Colombia, have appealed to the Inter-American Commission on Human
Rights (IACHR) to require Colombian government compliance. As reported in previous
certifications, the Santa Rosa Cofán indigenous community sent a letter of protest to the
IACHR in November 2006 asking the Commission to require the Colombian government
to consult with it prior to constructing a military facility 37 on a site called ―Finca
Maraveles.‖ Finca Maravales is located three kilometers from La Hormiga, Valle del
Guamuez (Putumayo), which the community claims as its land. However, the military
argues that it acquired the land from a legitimate private owner, and, therefore,
consultation with the Cofán before construction is not required. The Cofán in turn allege
that the seller of the land held the title, but did not, in fact, have legal rights to the land
since it was originally ancestral, sacred Cofán land. The Ministry of Defense says the
military facility (for use by the Batallón Energético and Vial No. 9 from the 27 th Brigade)
is critical for combating narcotrafficking and terrorist groups in the area.
On May 7, 2008, the Colombian government sent a letter to the IACHR seeking an
extension to the two month time-frame the Commission had given it to respond to the
36 Through ILO Convention 169.
37 Not a base, but a military installation with a capacity for up to 1,000 personnel.
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