|  |
|
Stavenhagen's mission to Colombia
March 8-17, 2004
The Special Rapporteur visited Colombia from 8 to 17 March, and in his report the Special Rapporteur takes note of the progress made in recent years in terms of the constitutional recognition of the rights of indigenous peoples. He also informs the Commission of the government's determination to deal effectively with the socio-economic problems that face Colombia's more than 700,000 indigenous people. However, the Special Rapporteur found that there were still enormous challenges to be faced in the effective promotion and protection of indigenous peoples' human rights and fundamental freedoms. The lack of coherence between the constitutional order, effective implementation of the relevant provisions and proper functioning of institutions has limited the achievements of the 1991 Constitution.
In the Special Rapporteur's view, full application of the human rights provisions of the Constitution is essential, yet these may be at risk from proposed new legislative measures. He also expresses concern at the possibilities being considered in the country to limit the powers of the Constitutional Court, in particular regarding the introduction of limitations on protection proceedings. This represents a serious threat to the effective protection of indigenous rights, since this mechanism has been seen to be the most effective way of protecting the rights of indigenous peoples.
The Special Rapporteur considers certain urgent issues to be of vital importance, including the internal forced displacement of numerous indigenous peoples, the exploitation of the existing natural resources in their lands, the spraying operations as part of the campaign against illicit crops and the lack of prior consultation on matters that affect indigenous peoples, notably in the area of economic development.
Of particular concern are the devastating effects of the armed conflict on the indigenous peoples. The Special Rapporteur includes in his report a number of references to the many accounts heard during the course of his visit concerning the situation of conflict currently gripping the country, such as murder and torture, mass forced displacements, forced disappearances, the forced recruitment of young people into combat units and the rape of women, along with the occupation of their lands by guerrilla, paramilitary and other illegal armed forces. There are also reports of the militarization of some indigenous communities.
The Special Rapporteur is particularly concerned at the situation of some very small communities that are now on the brink of extinction as a result of the murder of their leaders and the massacres, threats and forced dispersal of their members, and he appeals in his report for a resumption of the peace process in order to restore respect for international humanitarian and human rights law and adopt the measures needed to halt the recruitment of minors into armed groups.
Based on these conclusions, the Special Rapporteur recommends, inter alia: that the supply and free passage of food to indigenous communities in conflict zones be secured, in particular to the neediest groups; that international cooperation be mobilized around an emergency aid programme to indigenous communities in danger of extinction, particularly in the Amazon region; that neutral and demilitarized indigenous territories be respected by all armed groups and indigenous peace zones created, free from all military operations and subject to international supervision; that the prosecution services be immediately allowed to carry out investigations and apply the law in all complaints concerning abuses and violations committed against members of indigenous communities by the Armed Forces and the police.
In the context of the new anti-terrorist measures, the Special Rapporteur calls on the military not to detain any indigenous people unless a warrant for their arrest has been issued by a competent authority. He also recommends that the original powers of the Constitutional Court, and in particular the "amparo" procedure, one of the principal mechanisms for the defense of indigenous peoples' human rights in the country, should be fully respected.
Use the link below to download the Special Rapporteur's official report on the mission to Colombia
Stavenhagen's report - Colombia
|
|
|
|
|
|
|
|
|
|
