customs and traditions" and, thereby, "improve the relations". Moreover, it indicated that the Ministry of Defense has given “clear instructions” in the sense that “all units with jurisdiction over the area, when entering the [Kankuamo] indigenous territory to carry out a military operation, must contact the indigenous authority in order to inform the reason of […] their presence", unless it is an "strictly secret operation" that may jeopardize the military groups. In this respect, the State and the community agreed that every time there is a change in the command of the military authorities, it would be duly communicated to the indigenous authorities. Regarding the complaints filed according to which the national army was conducting surveys and taking photographs of the members of the Kankuamo Indigenous Community, the State pointed out that the Ministry of Defense has reiterated the prohibition by which the military officers are not allowed to conduct surveys and, on the contrary, that "it must be the community itself who must identify when strange persons enter the territory and communicate it to the authorities in order to do the corresponding verifications of the case". 9. The State made also reference to and explained in full some measures adopted in compliance with Court Order 004 issued in 2009 by the Constitutional Court of Colombia, especially in relation to the program ensuring the rights of the indigenous peoples and the design and implementation of ethnic safeguard plans, among others, in favor of Kankuamo Indigenous Community. This community participates in such actions taken. In this respect, the State pointed out that the orders given by the Colombian Constitutional Court “respond to the compliance with the general obligations of the State […] in the field of the respect for and guarantee of the rights, [but they are also] identical to the orders given by the [Inter-American Court] by means of provisional measures". Such actions “are independent from but identical to the [provisional] measures ordered by [the Tribunal]”. In this regard, the State “recall[ed] the principle of complementarity and assistance contained in the preamble of the American Convention on Human Rights […]”. Regarding the facts referred to by the representatives at the public hearing according to which two members of Kankuamo Indigenous Community died (infra Considering clause 12), the State explained that it was conducting the corresponding investigations but that, according to the information available at that time, none of such deaths were related to these provisional measures. It indicated that Mrs. Hilda Solís, it seems, was killed by, possibly, a person who lived at her residence. Moreover, it indicated that the death of the minor, as mentioned by the representatives, was the result of an attack addressed at a soldier while the minor was serving a beverage. In said act, the soldier and the minor died and another soldier got injured. 10. Finally, the State pointed out that the situation of the members of the Kankuamo Indigenous Community "differs from [...] the situation that gave rise to the provisional measures in the year 2003”, since it has “substantially improved”. In addition, the State emphasized that “at the moment there are no threats in the Kankuamo indigenous territory representing a situation of extreme gravity and urgency”; the Ministry of Interior and Justice “has not received requests for protection” from the beneficiaries and that, according to information of the National Police and the Ministry of Defense, during the last two years “no special facts have occurred in the Kankuamo community”. Likewise, it mentioned that the “displacements, disappearances, [and] abductions that once occurred in there, are no longer happening now” and that "as from 2009, the presence of [illegal armed groups] has [stopped] and that there was a not so important presence of members of criminal gangs [BACRIM] “though such gangs are not in Kankuamo territory”. However, the “presence of law enforcement officers shall continue in the same proportion given that, within the framework of [the] consolidation policy, it is precisely when territories are consolidated that [best efforts] need to be done in order to guarantee the irreversibility of the results”. 5

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