6 8. The Inter-American Commission has adopted precautionary measures that have not had the required effects; to the contrary, recent events indicate that the members of the Kankuamo indigenous people are in gravel peril. 9. Heretofore, the Court has ordered protection for a group of persons who, although not previously named, are nonetheless identifiable and whose identity can be determined, and who are in grave peril by virtue of the fact that they belong to a given group.2 In the instant case, as the Commission has indicated, the Kankuamo indigenous people, who number approximately 6,000, are organized into communities located in a specific geographic area comprising the villages of Atánquez, Chemesquemena, Guatapurí, Las Flores, Pontón, Mojado, Ramalito, Rancho de la Goya, Los Háticos, La Mina, Murillo and Rioseco, on the southeastern slope of the Sierra Nevada de Santa Marta. The territory of the Kankuamo indigenous people spans portions of the departments of Magdalena, Guajira and Cesar. Its members can be identified and named. Living in those Kankuamo villages, all are in the same danger of becoming the victims of acts of aggression against their lives and the integrity of their person and of being forcibly displaced from their territory.3 This Court therefore deems it necessary to order provisional measures of protection on behalf of all members of the villages belonging to the Kankuamo indigenous people. 10. The situation that the Kankuamo indigenous people are experiencing, as described by the Commission, has curtailed their freedom of movement and has forced them to move to other regions. The State must, therefore, ensure that the beneficiaries of these measures are able to continue living in their habitual place of residence; it must also provide those who have been displaced from their people’s land with the means necessary to return to their homes.4 11. To effectively ensure the rights recognized in the American Convention, the State Party has an obligation, erga omnes, to protect all persons subject to its jurisdiction. As this Court has previously held, this means that this general obligation applies not only with respect to the power of the State but also with respect to actions by third parties, including groups of armed irregulars of any kind. The Court observes that given the characteristics of the instant case, provisional measures are needed to protect all members of the Kankuamo indigenous people, in 2 Cf., inter alia, Matter of The Communities of Jiguamiandó and Curbaradó. Provisional Measures. Order of the Inter-American Court of Human Rights of March 6, 2003, ‘Considering’ nine; Matter of the Peace Community of San José de Apartadó. Provisional Measures. Order of the Inter-American Court of Human Rights of June 18, 2002, ‘Considering’ eight; Matter of the Peace Community of San José de Apartadó. Provisional Measures. Order of the Inter-American Court of Human Rights of November 24, 2000, ‘Considering’ seven. See, also, Case of the Mayagna (Sumo) Awas Tingni Community. Judgment of August 31, 2001. Series C No. 79, paragraphs 148, 149 and 153. 3 Cf. Matter of The Communities of the Jiguamiandó and of the Curbaradó. Provisional Measures. Order of the Inter-American Court of Human Rights of March 6, 2003, ‘Considering’ nine. 4 Cf. Matter of The Communities of the Jiguamiandó and of the Curbaradó. Provisional Measures. Order of the Inter-American Court of Human Rights of March 6, 2003, ‘Considering’ ten; Matter of the Peace Community of San José de Apartadó. Provisional Measures. Order of the Inter-American Court of Human Rights of November 24, 2000, ‘Considering’ eight; and Matter of Giraldo-Cardona. Provisional Measures. Order of the Inter-American Court of Human Rights of February 5, 1997, ‘Considering’ five.

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