9
ii.
the humanitarian assistance provided to the displaced population
should extend in time to last through the situation of displacement until the
moment in which conditions exist to allow for the return to their ancestral
territory.
d)
regarding the participation of
implementation of the measures, that:
the
petitioners
in
the
planning
and
i.
all measures of security and social and humanitarian policy must be
adopted with the prior agreement of authorities that represent the affected
communities;
ii.
it recognizes the efforts carried out by the State to establish a scenario
and framework of dialogue with the beneficiaries and with the different State
and local authorities involved, both in the territory and in the cities where the
displaced population live, and in particular to the operation of the Office of the
Community Defender [Oficina del Defensor Comunitario], and
iii.
it cautions of weakness in the implementation mechanism for the
provisional measures and the necessity to generate greater participation on
the part of officials in the Working Group and to equip them with a greater
capacity to assume commitments on behalf of the State in order to speed up
decision making and the implementation of protection policies.
8.
The arguments put forward by the representatives at the public hearing (supra
Having Seen 6), in which they reiterate their position from their previous briefs (supra
Having Seen 3), and emphasized:
a)
regarding the adoption of measures necessary to protect the life and the
personal integrity of all members that compose the indigenous community of
Kankuamo, that:
i.
despite the evident drop in selective homicides after the
implementation of provisional measures, at least 20 indigenous Kankuamos
have been murdered and 4 have been victims of forced disappearance;
ii.
serious violations and risks to the life and physical integrity continue,
not only for the individuals, but also for the Kankuamo indigenous community
as a collective entity, due to the impunity that exists regarding the alleged
violations, and to the failure to effectively dismantle the military, social,
political and economic structures that led to the rise of paramilitarism in the
Sierra Nevada de Santa Marta Region;
iii.
in the last three years, there were at least 50 incidents of arbitrary
detention of Kankuamo indigenous community members; all were accused of
allegedly committing the crime of rebellion.
All of the corresponding
proceedings have been judicial charades built on the foundation of false
informants.
There have also been cases of torture and detention in
unsanitary conditions, as well as violations of personal integrity, including
shaving the heads of the detained and restrictions on the use of the “poporo”,
a gourd traditionally used by the indigenous groups of the Sierra Nevada de
Santa Marta region;
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