9.
The representatives did not submit specific information on this operative paragraph.
However, they did refer to four issues which can be placed under this heading: (a) threats
to the life and personal integrity of several leaders; (b) violations of women’s rights; (c)
violations of international humanitarian law and other improper acts committed by the
National Army, and (d) presence of other armed groups on Kankuamo territory. Regarding
(a), they indicated that, in December 2009, a “pamphlet” from the paramilitary group the
“Águilas Negras” was delivered to the offices of the Kankuamo Indigenous Organization,
threatening several leaders. Those threatened included the lower councils of the Mojao
community of Rancho de la Goya, and the Head of the Governing Council of the Kankuamo
protected area, Jaime Arias. In addition, the representatives indicated that, on April 8,
2010, the members of the Kankuamo people, Oscar Segundo Carrillo Daza, director of the
San Isidro Labrador School in the Atánquez indigenous protected area, was threatened in a
text message. Regarding (b), they indicated that, owing to “the presence of members of the
Colombian Army in the Sierra Nevada de Santa Marta […] situations that directly affect the
young women of the four peoples that reside there continue to occur”; they include
“numerous pregnancies of indigenous women caused by members of the National Army,
and their subsequent refusal to acknowledge their paternal obligations.”
10.
With regard to (c), the representatives indicated that, on July 7, 2009, the life and
personal integrity of Celia del Carmen Maestre, a member of the Kankuamo people, was
threatened by an active member of the No. 6 High Mountain Group attached to the
Malambo Battalion, Department of the Atlantic. In addition, they indicated that events had
been held in the area to issue military identity documents to the Kankuamo Indigenous
People, as well as other civic-military activities, and that the Army continued to deploy
within the Kankuamo Indigenous Reserve “without proper consultation.” In addition, they
indicated that they had been informed of cases of the recruitment of Kankuamo Indigenous
People, such as that of the youth Edilberto de Jesús Gutiérrez and six other members of the
Atánquez community. They advised that there were police posts and trenches in the middle
of the town of Atánquez; a situation which put the population at risk should a guerrilla
attack occur. Also, according to the representatives, the soldiers continue occupying places
such as schools, homes and vehicles, and there are even military personnel and “military
elements” near the health clinics. Similarly, they indicated that the indigenous peoples of
the Sierra Nevada have denounced that military personnel have visited sacred places and,
in some cases, have removed “tumas” and sacred elements on which the protection of the
territory depends. Lastly, regarding (d), the representatives indicated that the Wiwa
Yugamaín Bunuankurrua Tayrona Organization (OWBYT) had denounced that, on
September 13, 2009, near the Valledupar Casa Indígena, which houses the offices of the
indigenous organizations of the Sierra Nevada, the presence was observed of unknown
individuals dressed in civilian clothing, with pistols and shotguns, riding two high-cylinder
motorcycles. In addition, they indicated that the presence of unknown persons in the
had a report of an August 2009 communication signed by the illegal armed group known as the “Águilas Negras”
[Black Eagles], this made no reference to the members of the Kankuamo Indigenous People. Regarding alleged
threats to Oscar Segundo Carrillo Daza received in a text message on April 8, 2010, it indicated that the
corresponding preliminary inquiry for the offense of proffering threats is being conducted by the 23rd Sectional
Prosecutor of Valledupar. With regard to the alleged deployment of military vehicles within some of the protected
areas of the Kankuamo Indigenous People and the house visits made by the Army, it indicated that the presence of
the National Army is intended to provide the troops with “the security required by this type of deployment.” In
relation to the presence of soldiers in the Kankuamo Community, it advised that, when the Army is aware of the
presence of strangers on Kankuamo territory, it orders the troop to conduct operations in order to ascertain the
situation and ensure a peaceful environment. Regarding the alleged distribution of military identification
documents to members of the Kankuamo Community, the State indicated that, it “had never obliged the
Kankuamo to enlist in the Army.” With regard to the alleged presence of strangers in the communities of Río Seco
and Makugueka, who supposedly rode around on motorcycles dressed in black during the night, it advised that this
situation occurred in 2008, when the situation was verified and the necessary security measures were taken.
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