8
7.
The arguments put forward by the Commission at the public hearing (supra Having
Seen 6), in which it reiterates its position from its previous briefs (supra Having Seen 4),
and emphasized:
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.
the number of killings of members of the community has decreased.
Nevertheless, in spite of the measures that are in force by order of this Court,
records show 20 murders of community members, 4 cases of forced
disappearance, as well as the proliferation of other forms of harassment
against this indigenous community, such as threats, food blockades and
arbitrary detentions of social leaders and members of the communities;
ii.
it is of vital importance that the framework of measures for the
protection of life and physical integrity of the petitioners incorporates a
perspective of the cultural identity of the Kankuamo indigenous community as
it relates to their intimate relationship with their ancestral territory;
iii.
there continue to be reports and complaints with regard to the failure
to take into account the ethnicity of those registered in the displaced
population registry, as well as in the context of the policies that are
implemented, and
iv.
it welcomes all of the efforts to effectively implement the provisional
measures.
Nonetheless, the risk factors that justified the provisional
measures for the protection of the Kankuamo people in 2004 persist in the
region. Illegal groups continue to operate in the region, several members of
the public forces are under investigation, 400 individuals remain displaced,
and the events that led to these provisional measures continue to enjoy
impunity, which encourages the repetition of the events. Moreover, problems
persist with regard to the coordination of the several agencies responsible for
the implementation of the provisional measures.
b)
regarding the investigations concerning the events that motivated the
adoption of the present provisional measures and with an aim to identify those
responsible and, when appropriate, to impose the corresponding sanction, that:
i.
advances have been limited; a situation of continuing impunity exists
that could favor the repetition of the events, and
ii.
the State must establish better forms of coordination between the
prosecutors that are investigating the events.
c)
regarding the obligation to guarantee security conditions necessary to respect
the freedom of movement of persons from the Kankuamo indigenous community and
to guarantee the return of its members who have been forced to flee to other
regions, should they desire it, that:
i.
only ten percent of 400 displaced families have returned to their
homes, and the rest continue to live in a situation of displacement, and
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