11.
In the Order by means of which the public hearing held in this matter was
convened (supra Having Seen clause 5)8, it was emphasized that that last piece of
information that the Court received from the representatives was dated April 28, 2010.
Said information referred to four items: a) threats against life and personal integrity of
some leaders; b) violations of the rights of women, c) violations of the international
humanitarian law and other irregular acts committed by the National Army and d)
presence of other armed groups in the Kankuamo territory9. At the public hearing, the
representatives pointed out that “even though it is true that, thanks to the measures
adopted by the Inter-American Court, the situations have improved, [...] the threatening
conditions that gave rise to the request for provisional measures […] still continue”.
Moreover, they mentioned that “the context of violence surrounding the area is a context
of systematic and widespread violence, [...] the same motives, the presence of armed
groups in the ancestral territory, today represented by guerrilla and paramilitary groups
[...] are reactivating and rearming in the Department of Cesar". In this respect, they
mentioned that in the city of Valledupar, “very near the Kankuamo Indigenous
Community”, there exist a “profound” violent situation and “there have already been
cases of murders and human rights violations in the indigenous territory”, like, for
instance, in the ancestral territory, near the community of Rio Seco. They pointed out
that in the “month of July, four bodies were found, three bodies were in a communal
grave and one of them had the feet and hands tied up, murdered by paramilitary groups,
[…] buried [in] that area”. Furthermore, they mentioned "the presence of farmers around
the territory of Kankuamo resguardo[; that] there have been selective murders[, like the
murder of the corregidor of Raices Community;] there have been raids and threats in the
territory [of] some communities, [like in the community of Mina and Rio Seco], in which
pamphlets were distributed in the houses containing threats against the members of the
8
Matter of the Indigenous Community of Kankuamo. Provisional Measures regarding Colombia. Order of
the President of the Inter-American Court of Human Rights of June 7, 2011.
9
Regarding item a), they mentioned that in December 2009, a “pamphlet” was distributed by the
paramilitary group called “Aguilas Negras” [Black Eagles], at the premises of the Kankuamo Indigenous
Organization, containing death threats against several leaders. Among the threatened indigenous persons,
there were indigenous governors of the community of Mojao, of la Goya and the indigenous Governor of
Kankuamo community, Jaime Arias. Moreover, they mentioned that on April 8, 2010, through a text message,
Oscar Segundo Carrillo Daza, a Kankuamo indigenous person, who is the Dean of San Isidro Labrador school of
Atanquéz indigenous resguardo, received threats. In relation to item b) they pointed out that "the presence of
Colombian law enforcement officers in Sierra Nevada of Santa Marta [...] is still a problem that directly affects
young women living in the four towns”, such as “multiple pregnancies of indigenous women by members of the
national army and the subsequent disregard of their parental responsibilities”. Regarding item c), the
representatives pointed out that on July 7, 2009, Mrs. Celia del Carmen Maestre, a Kankuamo indigenous
member, received threats against her life and personal integrity by an active member of the 6th High Mountain
Group ascribed to the Malambo Battalion, Atlantic Department. Moreover, they indicated that military
enrolment documents have been issued to the Kankuamo indigenous people, and that other civilian-military
activities were carried out in the area. In addition, there is still presence of law enforcement officers in the
Kankuamo indigenous resguardo, which has not been communicated. Moreover, they pointed out that there
have been cases in which Kankuamo indigenous people were recruited. They mentioned the example of young
Edilberto de Jesus Gutierrez and other six members of the community of Atánquez. Moreover, they informed
that there are police stations and ditches in the very center of the corregimiento of Atánquez, a situation that
jeopardizes the population before a possible attack of the guerrilla. Moreover, according to the representatives,
the soldiers are still occupying schools, residences, vehicles and there is even presence of military personnel
and "armaments" near the health centers. Likewise, they mentioned that the indigenous communities of Sierra
Nevada have reported the presence of military personnel in sacred places and, in some cases, they have
desecrated "graves" and stolen sacred objects on which the protection of the territory depend. Finally,
regarding item d), the representatives pointed out that the Wiwa Yugamain Bunuankurrua Tayrona
Organization (OWBYT) reported the presence of unknown persons, dressed as civilians and with short and longrange arms, in two motorcycles, near the Indigenous House of Valledupar, where the offices of the indigenous
organizations of Sierra Nevada are located, on September 13, 2009. Moreover, they indicated that the
Kankuamo indigenous people was concerned about the presence of unknown people in the Community of Rio
Seco and the Community of Makugueka. The representatives indicated that these people were riding
motorcycles, dressed in black, “at night”, since this has been the modus operandi of members of illegal armed
groups like the “Autodefensas”, to whom the murder of “approximately 150 Kankuamo indigenous persons” is
attributed.
6