2006, in order to comply with Protection Judgment 2595 of November 2, 2005, delivered by the Superior Council of the Judicature in favor of 17 families of the Kankuamo Indigenous People who, at that time, were in a situation of forced displacement in Bogota, it acquired the property known as “Turin” in the municipality of Nilo, Cundinamarca, which had been temporarily awarded to the beneficiaries of the Protection Judgment of October 3, 2007. In this regard, the State indicated that the Kankuamo leaders presented two productive projects that were rejected for technical and budgetary reasons, and that the State presented them with two proposals which they did not accept. In its most recent brief (supra second having seen paragraph), the State indicated that, based on the orders issued by the Constitutional Court, particularly “Judgment T-025 of 2004 and its follow-up Decision 004 of 2009, several entities of the national Government had been ordered, among other matters, to design a program to guarantee the rights of the indigenous peoples affected by displacement”; progress had been made in this regard, “particularly with the Kankuamo people in conjunction with the other indigenous peoples who live in the Sierra Nevada de Santa Marta, by autonomous decision of the communities.” Based on “the order issued by the Constitutional Court, there is a specific mechanism, the Concertation Committee.” It also indicated that the Ministry of Interior and Justice, through its Territorial Coordination Group on forced displacement, “has been taking different measures aimed at creating coordination mechanisms between the policies developed by the national entities and the actions of the territorial entities, seeking increased impact in the implementation of the policy for prevention of and attention to forced displacement.” 16. Regarding the right to freedom of movement of the members of the Community, the representatives reported that, on July 15, 2009, in the community of Guatapurí, Luis Manuel Montero Arias and José Enrique Cáceres Arias were arbitrarily detained by members of the State’s security agency (DAS). In addition, they emphasized that the members of the indigenous peoples who decided to return voluntarily to their territories did not have the necessary guarantees of security, protection and dignity when doing so. They expressed their concern owing to the current absence of mechanisms to prevent new forced displacements, and stressed that the failure to implement and make available productive projects in keeping with the indigenous traditions and customs that guarantee collective self-sustainability in the context of the return is a pending task for the State. They indicated that an example of this is the abandonment of the return to the community of Río Seco. Lastly, the representatives advised that, in an application for protective measures, they had requested the guarantee of the rights of the indigenous people who are in a situation of forced displacement in Bogota, and the award of a property in the municipality of Nilo, department of Cundinamarca. They reiterated the importance of assessing any changes in the proposals taking into consideration the practices and customs of the beneficiaries. 17. The Commission observed that the State and the representatives both refer to the temporary award of a property to the members of the Kankuamo Indigenous People who are displaced in Bogotá, as well as to the lack of agreement regarding the development of a production project on this property. Moreover, it underlined the contradictions that existed regarding application of the Protocol to support the processes of return or relocation of the displaced population. It observed that the information presented by the State with regard to the measures taken for the return of the Kankuamo population to the municipalities of Río Seco and Murillo was incomplete. In its most recent brief (supra fourth having seen paragraph), it reiterated “the need for detailed information on the measures taken to implement the security conditions needed for the free movement of the People, in order to improve their situation and enable them to return under secure conditions, avoiding new displacements.” 6

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