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”.
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