18
her expertise (supra, para. 23). The expert witness points out, mainly, the present situation
of the indigenous peoples but a few of them relates, clearly, to the time during which the
facts of the instant case occurred. In that sense, she mentioned that
[I]n the last two decades, some of the regions of Colombia are facing an agrarian counter-reform
sponsored by the drug traffic that is accumulating lands in areas of high potential valuation […]
The expansion of the drug cultivation is supported by the "paramilitary" violence, which is displacing
peasants and farmers, black peoples and indigenous communities.
[…]
Since the end of the ’70, the CRIC (Cauca Indigenous Regional Council) made its best efforts to have
a conversation with the Secretary of the FARC (Revolutionary Armed Forces of Colombia) in an
attempt to stop the murders of indigenous leaders on the part of such organization.
[T]he indigenous communities, since its beginning, thirty years ago, have been seen by insurgent
groups with precaution and fear for the political independence that has characterized them. The
“paramilitaries”, in its turn, consider that those communities are a subversive movement.58
52.
Flor Ilva Trochez Ramos, witness, stated to the Court that "up to the moment, we
have registered in the Department of Cauca, 503 murders [...] involving Nasa peoples,"
since 1971 up to the present time.
53.
Finally, the Court notes that the State pointed out that “its regrets that along the
national history there have been violent events involving indigenous communities.”
54.
As to the connection of the facts of the instant case to the general situation
described in the above paragraphs, the Commission alleged that the death of Mr. Escué
Zapata has "a direct relationship with the participation of the victim in the political activity
of the community, as sponsor of productive projects that were [...] a key of the strategy of
the indigenous social organization in Cauca." The representatives sustained that “the
extrajudicial execution of Germán [Escué Zapata] was linked to his position as a leader and
traditional authority of his Town and to the work, as leader, that he carried out that was
actively engaged in the recovery of the ancestral land of Paez People and the survival and
development of its particular way of life." The State disputed the above mentioned
paragraph and pointed out that the victim "was not an indigenous leader at the time of the
events" and that his death occurred as a consequence of "an internal ethnic conflict that
resulted in wrong information for the Army on the part of an indigenous person of the same
ethnic and the abuse of power of some state agents."
55.
Gloria Lucy Zamora Patiño, expert witness, explained to the Tribunal the social and
political organization of the indigenous Paeces and the differences between each of their
traditional authorities. The expert witness stated that:
The Tu Tenza or Cacique-Gobernador is the believable subject, the one that generates confidence
within the community, who is useful for the service; he is a communitarian product assigned to that
position by the [Nasa Wala or Indian Meeting] in order to fulfil the fundamental mandate of Nasa
and he has certain “tasks" for which he has been preparing and according to which he will continue
accumulating knowledge and expertise. That is why the election in the meeting is compulsory. Once
he has fulfilled his position, the Tu Tenza delivers the baton of authority to his successor, who,
together with the Te’wala [Chamán] should go to a sacred lagoon to “clean” the dirt off the baton of
authority; the retiring governors constitute the Consejo de Exgobernadores [Council of Former
Governors] who support and assess the new cabildantes, as well as guide the community through
complex and delicate issues; the Te Wala accompanies them in the "harmonization" task of the
communal life.
Though he is the head of the governing organ called Cabildo, he is not a self-sufficient subject;
otherwise, he is accompanied by other members who will help him to carry out the assigned tasks. In
this institution, all the community is equally represented, though he may have not received the
58
Cf. Anthropological expert's opinion developed by Esther Sánchez de Guzmán (records of the merits,
Volume III, page 617, note 33).