6
the guerrillas-, who act within the context of an armed conflict, as well as the
proper Armed Forces [Fuerza Pública]. As a result, the Commission observes
that the solution to this problem requires a holistic consideration of the
dynamics prevailing between all of the actors in the armed conflict and the
civil population;
ii.
the measures allegedly adopted by the State in order to protect the
leaders and authorities of the Kankuamo, such as the increased number of
patrols around the residence of the Indigenous Governing Council [Cabildo
Gobernador], the provision of escorts for the Council, as well as the
coordination of ground transport, the provision of means of communication,
cell phone, and national air tickets, should tend to facilitate the development
of a holistic protection scheme;
iii.
it is concerned about reports of other homicides and detentions of
Kankuamo individuals in response to an explosion on August 1, 2005 in which
14 members of the National Police died;
iv.
it considers the designation of a community defender for the Sierra
Nevada de Santa Marta as a positive step.
Likewise, the Commission
understands that other mechanisms for accompaniment should be explored,
such as inter-institutional commissions and international organizations, with
the objective of providing protection to the beneficiaries, and
v.
it appreciates the detailed information provided by the State with
regard to a series of activities developed for the purpose of addressing the
needs of the Kankuamo in the areas of health, education, and food security.
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.
as of September 7, 2005, no significant advances existed in the
investigation of the acts of violence against the Kankuamo people, and
ii.
it welcomed the creation of a comprehensive list of crimes allegedly
committed against the Kankuamo.
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.
in the two years prior to August 11, 2004, more than 300 families had
been displaced. The families that have remained in the territory have been
subjected to food blockades and restrictions on their freedom of movement,
and
ii.
as of September 7, 2005, the Commission could not conclude that
there were concrete results with regard to the measures adopted to
guarantee the conditions necessary to promote the safe return of the
displaced.
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