Murillo” and it referred to the actions adopted within the framework of the Departamental
Return Meeting [Mesa Departamental de Retorno] in favor of the Kankuamo people who
returned to said municipalities. Moreover, the State emphasized certain actions taken to
comply with the Protection Judgment 2595 [Sentencia de Tutela N° 2597] of November
2, 2005, issued by the Superior Council of the Judicature in favor of 17 families of the
Kankuamo Indigenous Community, who, up to date, are in a situation of forced
displacement in the city of Bogota". In addition, it mentioned that by reason of the orders
issued by the Constitutional Court, especially “the judgment T-025 of 2004 and Court
Order 004 of 2009[,], it was requested to some entities of the National Government [,]
among other things, the design of a Program to ensure the rights of the indigenous
peoples who are affected by the displacement”. By reason of “the order issued by the
Constitutional Court, there is a specific space, like the “Meeting for Dialogue and
Consensus”. Moreover, it mentioned that the Ministry of Interior and Justice, through its
Regional Coordination Group in the field of forced displacement, "has adopted different
actions addressed at devising schemes to coordinate the policies formulated by the
national entities and the actions taken by the regional entities in order to make a
profound impact on the implementation of the policy on prevention and assistance of
forced displacement". Furthermore, the State mentioned that “the issues related to the
return to Rio Seco and Murillo shall be taken up according to the new guidelines of the
return policy by means of the protocol that regulates these issues. The pending
commitments related to these issues shall be included in the new scheme of the return
protocol with 17 components agreed upon at the Constitutional Court [...]". Finally, the
State informed that “in order to avoid any inconveniences in the transportation of the
Kankuamo community, the National Army gave instructions so that the troop [,] by
means of authorized channels [,] learns about and protects the community […] when it
migrates, in light of its indigenous culture”. In addition, in order to maintain and increase
the control over the roads “and the sense of security in the area, control posts were
established in [several corregimientos]".
20.
As to the right to freedom of movement of the members of the Kankuamo
Indigenous Community, the representatives previously informed that on July 15, 2009, in
the community of Guatapurí, Mr. Luis Manuel Montero Arias and Jose Enrique Cáceres
Arias were arbitrarily detained by members of the State’s security department (DAS).
Moreover, they emphasized that the indigenous members who decided to voluntarily
return to their territories were not afforded the guarantees of security, protection and
dignity necessary at the moment of carrying out this type of procedure. At the public
hearing as well as in a subsequent brief, they specified that some people had returned to
the communities of Murillo and Rio Seco, but that they were not afforded “full
guarantees”. They also referred to the fact that there were "individual" returns without
State’s escort. They expressed their concern about the current non-existence of
mechanisms to prevent new forced displacements and they emphasized that it is still
pending the implementation and availability of viable projects according to the
indigenous traditions and customs guaranteeing collective self-sustaining processes
within the framework of the returns. In addition, the representatives informed that, by
means of the filing of an amparo, it was requested the protection of the rights of the
indigenous people living in a situation of forced displacement in the city of Bogota and
the allocation of a piece of land located in the municipality of Nilo, Department of
Cundinamarca. They emphasized the importance of making an appraisal of the proposals
taking into account the custom and usage of the beneficiaries. Finally, the
representatives also made reference to some aspects related to the “socio-economic
stabilization”, “humanitarian aid”, “the situation of displacement of the city of Bogota” of
some members of the Kankuamo Indigenous Community and the need to “include in the
population registry – SUR- a variable in order to identify the Kankuamo Indigenous
People”.
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