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iv.
violations of the right to life have been reduced, but during the period
covered by the provisional measures, the State has not implemented
structural changes that tend to prevent new situations of risk;
v.
the State must implement public, holistic and adequate policies that
guarantee the respect, recognition, strengthening and protection of the
Kankuamo indigenous community’s autonomy, own governance, cultural
integrity and identity and its special relationship to its territory as
fundamental elements of a dignified life at both the material and spiritual
level;
vi.
before the adoption of provisional measures, the State had been
absent in the Kankuamo territory for a period of more than ten years. Since
the adoption of provisional measures, State presence has increased through
programs of social development, such as health care, child welfare, economic
production, education, and road construction, among other projects;
vii.
the representatives believe that the State would not adopt the same
actions, nor would it have had the will to undertake the same actions, without
the enforcement of provisional measures, and
viii.
the risk factors that prompted the provisional measures not only
persist, they also could tend to aggravate if effective measures and a holistic
policy for protection of the Kankuamo are not undertaken.
b)
regarding the investigations concerning the events that motivated the
adoption of the present provisional measures and with an aim to identify those
responsible and, when appropriate, to impose the corresponding sanction, that:
i.
the State has failed to carry out disciplinary investigations against
civilian and military authorities who, during many years, were aware of the
risks to the Kankuamo indigenous community and failed to adopt effective
measures of protection;
ii.
it was not until January 26, 2007, that a colonel who was being
investigated for serious human rights violations against the Kankuamo was
suspended;
iii.
at present, there is no investigation, prosecution or sanction for the
crimes committed against the Kankaumo; of the 228 murders, only one
person has been condemned. Not one member of the Pubic Force has been
condemned or disciplinarily sanctioned. Further, no investigation has been
carried out in connection to the omissions by the civilian authority that
permitted the commission of these crimes, and
iv.
more than 90 percent of the investigations, 111 in total, have been
filed away or suspended.
c)
regarding the obligation to guarantee security conditions necessary to respect
the freedom of movement of persons from the Kankuamo indigenous community and
to guarantee the return of its members who have been forced to flee to other
regions, should they desire it, that:
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