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

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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
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