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

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UNCLASSIFIED - 66 - 6) Culture: Assistance has been provided through the Mayor‘s Cultural Fund to increase the ability of the Nukak to produce and commercialize their artisanal crafts. In addition, the President‘s Program for Human Rights and the Directorate of Indigenous and Minorities at the MOI&J, with the help of UNDP, has developed an action plan for responding to the needs of the Nukak Makú in a holistic sense (―Plan de Atención Integral y Diferencial‖). The government convened a group of experts in indigenous issues, and representatives of the Nukak community, to develop long-term strategies to ensure respect for ethnic diversity and the Nukak Culture. After meeting with members of the community, the experts developed the action plan and have met twice with the Vice Minister of Interior and the Directors of the President‘s Program for Human Rights and the Ministry of Interior‘s Directorate of Indigenous and Minorities in order to socialize the advances made to date on the plan, and to secure buy-in on its proposals in order to ensure its completion. Protecting the Awá According to the ONIC, the Awá have been particularly hard hit by internal displacement in the past two years. In November 2007, 1,400 Awá were displaced due to combat between the FARC and the Armed Forces. NGOs assert that displacement of the Awá has increased as a result of the presence of 400 coca eradication guards from the anti-narcotics police who were placed in the community, allegedly without prior consultation with Awá indigenous authorities. The groups say that the eradication guards have accused the leaders and community members of being guerilla collaborators. The Colombian government is working to prevent the displacement of and violence against the Awa through the Early Warning System and developing contingency plans for mass displacements. The government also provides humanitarian and development assistance to the community. The Colombian government notes that it has provided assistance for the displaced and that most of the community is registered as displaced. For example, when the FARC killed members of the Awa community in February 2009 in the municipality of Barbacoas (Nariño), 97 families were displaced from the Tortugaña Indigenous Reserve in Telembí. They ended up in Samaniego and El Diviso. The government immediately responded by sending a commission of experts that divided into teams to address needs in Samaniego, Ricaurte, and Barbacoas. Representatives from Acción Social remained in the area for 45 days, working to respond to the immediate needs of the population and to develop plans to mitigate future risk for the community. Following the displacement, Acción Social worked immediately to provide education, psychological assistance, and UNCLASSIFIED
UNCLASSIFIED - 67 - protection measures to displaced members of the community. This humanitarian mission, comprised of 12 members from the agency, and cost more than 126 million pesos, approximately $63,000 (personnel costs, inc. travel, equaled 29 million pesos, approzimately $14,500, emergency goods for displaced persons in the area equaled 97 million pesos, approximately $48,500). 39 UN Deputy High Commissioner for Refugees L. Craig Johnstone commented after a visit with more than 300 displaced Awá in El Diviso on February 17, 2009, that the government‘s response to this group was commendable and should be the model in responding to all cases of forced displacement. On April 21, 2009, representatives from Acción Social, Unity of Indigenous Awa People (UNIPA), the Council of Awa Elders of Ricaurte (CAMAWARI), and Association of Indigenous People of Putumayo Awá (ACIPAP) met to discuss how to distribute government resources to fulfill the government‘s obligations under the ―Plan to Safeguard the Awa People.‖ At the meeting, UNIPA and CAMAWARI presented a proposal for 719 million pesos, approximately $359,500 40 , to perform a diagnostic and a series of internal assemblies to form an ―Ethnic Safeguard Plan.‖ After the MOI&J and Acción Social revised the proposal, UNIPA (which also represented ACIPAP) and CAMAWARI signed agreements with the government, and $128.5 million pesos, about $64,250, 41 was distributed to each of the two groups. Throughout 2008, under the coordination of the Governor of Nariño, the Colombian government continued to develop its ―Plan for Ethnic Development in Pacific Nariño.‖ The goals of this plan are to create the necessary development conditions for sustainable human habitats in the pacific region of Nariño through a focus on rights, gender, and ethnicity. During 2008, the government secured 333 million pesos, approximately $166,500, 42 in international support for the plan, principally from USAID, UNDP, UNODC, and Cooperación Cataluña. In addition, together with UNODC, the government also developed a plan to assist the Awá in the area (―Plan de Vida del Pueblo Awa‖). With the Pan-American Development Fund (FUPAD), the government is working on an agricultural development plan to develop the border with Ecuador for the benefit the Awá. The International Organization on Migration (IOM) has pledged help in the areas of health and medicine. The NGO International Solidarity has pledged to help develop small productive projects for the Awá. The UN has also pledged humanitarian assistance for the Awá in order to respond to the distinct violent situations of which they 39 All conversions calculated at 1 USD = 2,000 COP 40 At conversion rate of 1 USD = 2,000 COP 41 At conversion rate of 1 USD = 2,000 COP 42 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
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UNCLASSIFIED - 9 - and offered a re
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UNCLASSIFIED - 11 - Through the De
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UNCLASSIFIED - 13 - or turn him ove
Page 15 and 16: UNCLASSIFIED - 15 - retook the Pala
Page 17 and 18: conspiracy in the case. UNCLASSIFIE
Page 19 and 20: UNCLASSIFIED - 19 - ties to the mur
Page 21 and 22: UNCLASSIFIED - 21 - handling 112 ca
Page 23 and 24: UNCLASSIFIED - 23 - Army Inspector
Page 25 and 26: UNCLASSIFIED - 25 - for the Soacha
Page 27 and 28: UNCLASSIFIED - 27 - Armed Forces di
Page 29 and 30: UNCLASSIFIED - 29 - 13. Establish a
Page 31 and 32: UNCLASSIFIED - 31 - to extrajudicia
Page 33 and 34: UNCLASSIFIED - 33 - pertinent civil
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
Page 59 and 60: UNCLASSIFIED - 59 - military operat
Page 61 and 62: UNCLASSIFIED - 61 - Mobility and Co
Page 63 and 64: UNCLASSIFIED - 63 - displacement. B
Page 65: UNCLASSIFIED - 65 - the group met 1
Page 69 and 70: UNCLASSIFIED - 69 - Vigesima Septim
Page 71 and 72: UNCLASSIFIED - 71 - Under Decree 98
Page 73 and 74: UNCLASSIFIED - 73 - 2008, groups re
Page 75 and 76: UNCLASSIFIED - 75 - establish a com
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Page 85 and 86: UNCLASSIFIED - 85 - Annex A: Arrest
Page 87 and 88: UNCLASSIFIED - 87 - (20) Army Secon
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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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Page 103 and 104: UNCLASSIFIED - 103 - S. Trial proce
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Page 107 and 108: UNCLASSIFIED - 107 - G. (31) Army L
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Page 111 and 112: UNCLASSIFIED - 111 - G. On October
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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 - 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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