5
to guarantee the return of its members who have been forced to flee to other
regions, should they desire it, that:
i.
the National Army [Ejército Nacional] has been restricting the mobility
of the Reservation’s population, demanding permits and establishing
schedules within the territory;
ii.
the representatives demand that the National Army [Ejército Nacional]
reach an agreement with the indigenous authorities concerning the transit
through and presence of troops in the Reservation;
iii.
as of November 27, 2004, no clear and coordinated action plan existed
in order to prevent the forced displacement of the community, and, despite
having increased mobility within the Reservation, fear and terror continued to
affect the Kankuamo territories;
iv.
as of November 27, 2004, appropriate measures had been adopted in
order to guarantee the transportation of indigenous leaders under secure
conditions;
v.
as of August 9, 2004, the State had not paid sufficient attention to
displaced Kankuamo, such that they could live in conditions compatible with
their culture and human dignity; likewise, the food blockade remained and
time restrictions on movement within the area still existed, which conflict with
Kankuamo customs, and
vi.
as of August, 24, 2006, the State had developed a series of favorable
investments and actions in the Sierra Nevada de Santa Marta which benefited
the indigenous people and the rural communities of the region.
d)
regarding the participation of
implementation of the measures, that:
the
petitioners
in
the
planning
and
i.
working groups and security councils had been created with the
participation of the beneficiaries and the local and national authorities, and
ii.
on October 1, 2005, the Kankuamo Indigenous Organization submitted
a proposal for the implementation of the Provisional Measures to which, as of
August 24, 2006, the State had not fully responded.
4.
The communications submitted by the Inter-American Commission of Human Rights
(hereafter, “the Inter-American Commission” or “the Commission”) on August 5, 2004,
August 11, 2004, March 18, 2005, September 7, 2005 and June 29, 2006, in which they
stated, inter alia:
a)
regarding the adoption of measures necessary to protect the life and the
personal integrity of all members that compose the indigenous community of
Kankuamo, that:
i.
it understands that the examination of the suitability of the measures
adopted in the present case demonstrates a particular complexity due to the
lifestyle of the Kankuamo people, as well as the origin of the risks affecting
them. These risks include the actions of illegal armed groups -the AUC and
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