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

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UNCLASSIFIED - 60 - Cofán letter of protest. The Commission granted this request. The Ministry of Foreign Affairs contacted the Cofán the following week to seek a consultation time. However, the Cofán requested a meeting with the MOI&J and the Ministry of Defense, since the Cofán views these as the entities with authority on the issue. In response to this outreach by then-Minister of Foreign Affairs Araujo, the Cofán sent him a letter on May 27, 2008 asking for: Plans for the construction of the facility, including details on construction methods (type of machinery, chemical agents to be used); An environmental impact study, including a study specifically on the impact of the construction on Cofán water sources; and A study of the political, cultural, social, and economic impact that the facility will have on the Cofán community. The Cofán leadership thanked the Minister for his outreach on the subject, but noted that any consultation that took place at this point could not be considered ―prior‖ as construction was already underway, and the Community had made its concerns known to the government in July 2006. On January 2, 2009, then-Minister of Defense Santos met with Cofán leadership and agreed to stop construction of military facilities until they reached an agreement. During this meeting, the Cofán leadership informed the Minister that part of the construction site covered an ancestrial burial ground. The Minister offered to set aside eight hectares to protect their burial ground. As of July 2009, there had been two meetings between the Colombian government and the Cofán community on this topic. Over the last two years, the Santa Rosa Cofán have occasionally met with local military commanders who have communicated with the group in an effort to build confidence between the community and the military in the area. For example, on February 20, 2008, Army Colonel Ricardo Marín, Commander of the 13 th Mobile Brigade, met with the Cofán leaders to discuss their concerns and offered to hold a dialogue with the community, but the Cofán refused, saying they are fearful of the military pre-patrol that would be required before Marín could enter the area. Distrust remains high between the Cofán and the military due to Cofán claims that, in the past, the military has uprooted medicinal herbs and left trash on the Cofán‘s land. The community is also concerned about pollution, both in terms of noise and to their water sources. It claims that waste from the facility is being discharged into the river that they use for fishing, drinking, and washing. The community fears that the military presence and checkpoints will increase unease within the community, and claims the presence of military personnel at the installation will lead to disorderly conduct and increased violence in the area. UNCLASSIFIED
UNCLASSIFIED - 61 - Mobility and Control of Waterways and Supply Routes Another source of tension between the Armed Forces and indigenous groups is the control of waterways and food supply routes. UNHCHR‘s 2008 Annual Report states that many communities in Chocó and Nariño, such as the Awa and Nasa, claim to suffer significant restrictions on their mobility due to conflict with these groups. In an effort to control these areas and routes and thereby secure them against the FARC, indigenous groups report that the Armed Forces, in effect, quarantine them and that they are therefore at times unable to get food and medicine needed by the community, or to transport other goods. For example, NGOs report that, in July 2008, restrictions placed on foodstuffs in Catrú (Chocó) by the Armed Forces destined for schools and infant breakfasts in the Resguardo of Catrú created a serious food shortage problem. According to NGOs, food crops were in short supply as some were lost to the dry season and others were stolen by illegal armed groups to feed their troops. The Armed Forces allegedly would not allow the food to enter the community as they said it would ultimately go to the FARC. NGOs report this worsened an already difficult malnutrition and disease situation for the community, leaving 75 children and adults in a critical condition. The Colombian government acknowledges that the Armed Forces do monitor the transport of foodstuffs into areas where the FARC and other illegal armed groups are active. This policy corresponds to the parameters of Protocol 1, Article 54 of the Geneva Convention of 1949. In particular, the government‘s policy acknowledges the neutrality of the civilian population and the necessity of providing sufficient access to food and mobility. To this end, the Colombian government has taken steps to provide food and other assistance to indigenous who are displaced by violence. For example, in 2009 in Chocó, the government spent 298 million 38 (approximately $149,000) for emergency assistance, including food, for 734 indigenous persons who were displaced in 2008 by the FARC and illegal armed groups. Additionally, the GOC worked with the ICRC to assure food security for the displaced persons. Between May 1 and 2, 2009, the 734 indigenous persons (166 families) returned to the Catrú (Chocó) reserve under the auspices of a project led by Acción Social with the assistance of numerous government agencies, the Army, local authorities, and indigenous leaders. Illegal armed groups also confine indigenous communities and restrict their food and supply routes. For example, NGOs report that confinement by illegal armed groups led to the transport of 17 children from the Tamahi del Alto Andágueda indigenous reserve in Bagado to Quibdó (Chocó) to hospitals on July 14, 2008, due to severe 38 At conversion rate of 1 USD – 2,000 COP UNCLASSIFIED
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UNCLASSIFIED MEMORANDUM OF JUSTIFIC
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- 3 - LEGISLATIVE CONTEXT AND SCOPE
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UNCLASSIFIED - 5 - homicides in Col
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UNCLASSIFIED - 7 - Overall, investi
Page 9 and 10: UNCLASSIFIED - 9 - and offered a re
Page 11 and 12: UNCLASSIFIED - 11 - Through the De
Page 13 and 14: UNCLASSIFIED - 13 - or turn him ove
Page 15 and 16: UNCLASSIFIED - 15 - retook the Pala
Page 17 and 18: conspiracy in the case. UNCLASSIFIE
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Page 31 and 32: UNCLASSIFIED - 31 - to extrajudicia
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Page 35 and 36: UNCLASSIFIED - 35 - Division Comman
Page 37 and 38: UNCLASSIFIED - 37 - demobilized AUC
Page 39 and 40: UNCLASSIFIED - 39 - assistant crimi
Page 41 and 42: UNCLASSIFIED - 41 - are under inves
Page 43 and 44: UNCLASSIFIED - 43 - 8) Carlos Iván
Page 45 and 46: UNCLASSIFIED - 45 - However, these
Page 47 and 48: UNCLASSIFIED - 47 - 9) José Vicent
Page 49 and 50: SECTION 7046(b)(1)(B)(iv) UNCLASSIF
Page 51 and 52: UNCLASSIFIED - 51 - of 196 in 2002
Page 53 and 54: UNCLASSIFIED - 53 - Displacement of
Page 55 and 56: UNCLASSIFIED - 55 - them if they do
Page 57 and 58: UNCLASSIFIED - 57 - Indigenous Coun
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Page 63 and 64: UNCLASSIFIED - 63 - displacement. B
Page 65 and 66: UNCLASSIFIED - 65 - the group met 1
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Page 69 and 70: UNCLASSIFIED - 69 - Vigesima Septim
Page 71 and 72: UNCLASSIFIED - 71 - Under Decree 98
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Page 85 and 86: UNCLASSIFIED - 85 - Annex A: Arrest
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Page 91 and 92: UNCLASSIFIED - 91 - Annex B: Indict
Page 93 and 94: UNCLASSIFIED - 93 - F. On April 24,
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UNCLASSIFIED - 111 - G. On October
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UNCLASSIFIED - 113 - (53) Army Prof
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UNCLASSIFIED - 115 - (92) Army Sold
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UNCLASSIFIED - 117 - C. The Inspect
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UNCLASSIFIED - 119 - (54) Army Sold
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UNCLASSIFIED - 121 - M. The Inspect
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UNCLASSIFIED - 123 - (134) Army Thi
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UNCLASSIFIED - 125 - D. On October
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UNCLASSIFIED - 127 - Unknown/Inspec
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UNCLASSIFIED - 129 - R. On May 4, 2
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UNCLASSIFIED - 131 - investigation.
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UNCLASSIFIED - 133 - Application of
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UNCLASSIFIED - 135 - Immediate Insp
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UNCLASSIFIED - 137 - complaint syst
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UNCLASSIFIED - 139 - as number 20 i
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UNCLASSIFIED - 141 - 45. Army Secon
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UNCLASSIFIED - 143 - April 24, 2009
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UNCLASSIFIED - 145 - Investigations
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UNCLASSIFIED - 147 - a practicing g
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UNCLASSIFIED - 149 - Annex K: Milit
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UNCLASSIFIED - 151 - 21. Directive
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UNCLASSIFIED - 153 - 41. Circular N
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UNCLASSIFIED - 155 - 7. Workshop he
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G:\SEARAAND\Colombia 2009\HR Certif
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