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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