D.
To allow the beneficiaries to participate in the planning and implementation
of the protection measures and, in general, keep them informed on the progress of
the measures ordered by the Court (fourth operative paragraph of the order of
April 3, 2009).
18.
The State reported that it had convened the different entities that are part of the
working group on the provisional measures to a monitoring and coordination meeting, to be
held on May 19, 2009. However, the head of the Governing Council had expressed the
concern of the Kankuamo Indigenous People owing to the absence of the Mayor of
Valledupar and the Governor of Cesar; consequently, since no government officials with
decision-making powers were present, he asked that a new date be set for the meeting. The
State indicated that it had reiterated its willingness to monitor compliance with the
provisional measures and requested the head of the Council to appreciate the fact that
delegates of the different entities were in attendance; however, he maintained his position.
The State also reported that, since June 2010, communications has been established with
the representatives of the beneficiaries in order to agree on a date for a monitoring and
coordination meeting on the provisional measures. However, due to the previous
commitments of the beneficiaries, their representatives, and the officials of the different
State entities, it was not possible to establish a date by mutual agreement. According to the
most recent information, the State tried to organize the meeting on December 21, 2010.
However, “for reasons beyond the State’s control” it was not possible to hold this meeting.
The State indicated that it was taking the necessary steps to hold the meeting in February
2011.
17.
The representatives indicated that all authorities of the Kankuamo Indigenous People
and the representatives attended the meeting on May 19, 2009. However, they underscored
the absence of any authorities with decision-making powers, such as the Mayor of
Valledupar, the Governor of the department of Cesar, and the Director of the Presidential
Human Rights Program of the Vice-Presidency of the Republic. They expressed their concern
about the attitude assumed by the Human Rights Director of the Ministry of Foreign Affairs,
“who indicated that the Ministry would be unable to convene a new meeting of the working
group to follow up on the provisional measures of the Kankuamo People, claiming agenda
difficulties.” They also expressed their concern because it appears that the State entities will
not fulfill the commitments made before the Concertation Committee. Consequently, they
indicated that the Kankuamo Indigenous People had convened the State again in order to
comply with the indicated agenda. However, they indicated that they had not received a
response from any authority.
18.
The Commission observed that it has no information on the possible reactivation of
the concertation committee. It also indicated that it considered that “fluid communications
between the parties were essential to improve implementation of the measures that are
proving effective to guarantee the rights of the Kankuamo Indigenous People, as well as the
implementation of the commitments previously made by the State authorities.”
E.
Public hearing
19.
The President observes that the State has referred to various measures taken to
date in relation to these provisional measures. Furthermore, the President has verified that
the last information that the Court received from the representatives is dated April 28,
2010. In addition, although these provisional measures correspond to a request made by
the Inter-American Commission (supra first having seen paragraph, order of July 5, 2004),
the latter has not referred to precise, specific and current facts related to the measures.
7