Media monitoring: Final statement by the United Nations Special Rapporteur on the rights of Indigenous Peoples, Francisco Calí Tzay, at the conclusion of his official visit to Colombia

March 27, 2024
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Cali Tzay

Media monitoring: Final statement by the United Nations Special Rapporteur on the rights of Indigenous Peoples, Francisco Calí Tzay, at the conclusion of his official visit to Colombia
March 15, 2024


These contents do not necessarily reflect the official position of the Office in Colombia del Alto United Nations Commissioner for Human Rights and are based on external sources. The following contents are machine translated to English from its Original Spanish Document.

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1. EL TIEMPO: The UN warned about Colombia's debts in protection of the Indigenous villages

After a 10-day agenda, in which he visited several departments and met with various authorities, Francisco Calí Tzay, UN special rapporteur on the rights of indigenous peoples, delivered a preliminary report on his visit to Colombia in which , although it highlighted the attention, open attitude and recognition of the State's historical debt with indigenous peoples, it also found that the country faces extensive challenges.

For example, among the good practices, the rapporteur highlighted the inclusion of an ethnic chapter in the peace agreement signed in 2016 with the FARC, as well as the recognition of the indigenous territory as a victim of the conflict. He also highlighted the fact that the Commission of the Verdad compiled several violations in the midst of the armed conflict committed against ethnic peoples, as well as the jurisprudence of the Constitutional Court on the protection and promotion of the rights of indigenous peoples; and indicated that Colombia has promoted the representation of indigenous people in political and public life to the highest level.

Despite this recognition of good practices, he said that no significant progress has been made in solving structural problems. “The human rights situation of the indigenous peoples of Colombia continues to be serious, critical and deeply worrying. The historical debt of effectively recognizing the right to self-determination, autonomy, land, territory and resources of indigenous peoples, as well as political participation and consultation to grant or deny free, prior consent has not yet been settled. and informed,” the report reads.

Indicating that these are historical and structural problems that are not attributable only to the actions of the current government, Calí Tzay explained that despite advanced legislation and jurisprudence in the protection of indigenous peoples, there is little effectiveness of the State, especially at the local level. , which prevents the materialization of protection, to which is added the presence of illegal armed groups and “economic agents that operate outside of respect for human rights.” 

Regarding the conflict, the preliminary report states that despite the signing of the peace agreement in 2016, some communities indicated that the war in their territories never stopped and that today they are experiencing a conflict with other characteristics and with “belligerent parties” that have multiplied.

Consequently, the continuity of the recruitment of minors, the installation of explosive devices, as well as the selective murders directed against indigenous leaders and authorities were questioned.

Likewise, the rapporteur maintained that he was told that in the new peace negotiations that the Government is promoting with armed groups, the indigenous people, when they have managed to participate, have not been treated as equal parties and added: “One of my biggest concerns is the possible use of indigenous territories as a bargaining chip with non-state armed groups and criminal organizations.”

Another serious concern that the report exposed is the risk of physical and cultural extinction of 71 indigenous peoples, for which it was indicated that it is imperative to adopt measures. Attention was also drawn to the importance of recognizing and protecting the territorial rights of these peoples to establish sustainable conditions of peace and ensure the survival of the communities.

Opportunity for the government of Gustavo Petro

Faced with these challenges, rapporteur Calí Tzay indicated that the current Government, of President Gustavo Petro, “has a significant opportunity to address them with the implementation of new human security, drug and total peace policies, (...) construction of a total, reconciliatory and restorative peace must be based on the effective and real protection of the rights of indigenous peoples.” And the report adds that indigenous peoples have concrete and fundamental proposals to rethink Colombian society, but their voice has been silenced for a long time. 

Finally, the document includes some recommendations to the State, such as promoting direct dialogues with indigenous peoples, independent of dialogues with illegal armed groups, for the construction of lasting peace; comply with the orders of the Constitutional Court and other courts on indigenous rights, adopt measures to recognize indigenous territorial entities and strengthen their autonomy. 

Likewise, it is suggested to adopt the necessary measures to ensure the coordination of indigenous legal systems and ordinary justice, as well as to decongest the procedures for formal recognition of territories. Finally, it is recommended to guarantee that the implementation of drug control measures is carried out in accordance with respect for the rights, needs and cultural characteristics of these ethnic peoples.

  1. EL DIARIO.ES: UN: The situation of the indigenous peoples of Colombia continues to be serious and worrying.

The UN rapporteur on the Rights of Indigenous Peoples, José Francisco Calí, recognized certain progress to alleviate the “historical debt” of the Colombian State with these communities, but denounced that the human rights situation of the different ethnic groups in the country “continues.” being serious, critical and deeply worrying.”

Despite “the open attitude and spirit of collaboration” of the institutions to “recognize the historical debt of the State with the indigenous peoples,” the challenges to resolve the “structural problems” remain enormous, Calí highlighted in a press conference. in Bogotá at the end of a 10-day visit to Colombia, which his office had not made since 2009. 

In Colombia there are 102 indigenous peoples and 71 of them are at risk of physical and cultural extinction due to the “lack of effective application of their rights” and other reasons such as armed conflict or the destruction of their livelihood.“

The underlying observation of my predecessors persists, who highlighted that (...) the lack of effectiveness and absence of the State, especially at the local level, prevents the effective enjoyment of the rights of indigenous peoples,” said the rapporteur. 

The lack of presence of the State leaves these communities at the mercy of armed groups and criminal organizations, as well as economic agents who see interests in their lands, in “historical and structural problems, not attributable solely to the actions of the current Government.”

Recruitment, homelessness and suicide  

Although the 2016 peace agreement with the Revolutionary Armed Forces of Colombia (FARC) guerrilla had a chapter dedicated to ethnic peoples, this is one of the ones with the most delays in its implementation and has not prevented the conflict from continuing. affecting indigenous people more than other communities.  Calí was alarmed above all by the situation of women and children and also by the forced recruitment of minors, even as young as six, by illegal armed groups, a situation that especially affects indigenous people and that is sometimes done to “obtain intelligence”, taking children away from their families for a few weeks to serve as informants.   

However, on many occasions, the recruited boys and girls are not accepted back into their communities due to mistrust, which "places them in a situation of abandonment and leads them to destitution, addiction or even prostitution."  Furthermore, due to fear of these recruitments, another of the “alarming” consequences is “the recent and accelerated increase in suicide rates among minors,” he added.  Sexual violence against indigenous women and girls is also alarming: “There is information about sexual violence in all territories that is being used as a weapon of war,” the rapporteur recalled.  On the other hand, Calí stressed that many indigenous people feel “frustrated” because they cannot participate “effectively” in the new peace negotiations, fearing that they will be left aside again.   

recommendations  

Beyond the 71 indigenous peoples in danger of extinction, others, such as the Wayúu, the majority in Colombia, are in a “serious humanitarian situation” with more than half of this population residing in the Caribbean department of La Guajira, in “conditions of extreme poverty.”   “In the last 10 years, more than 5,000 Wayúu boys and girls have lost their lives due to malnutrition and dehydration,” recalled the UN rapporteur.  There are also more than 15 towns that have opted for voluntary isolation, but are experiencing the threat of illegal mining, indiscriminate logging or the presence of armed groups, which is why the rapporteur made an “urgent call” for the Government to adopt measures “to address vulnerability and the risk of physical and cultural extermination.” 

3. CARACOL RADIO: “Indigenous children in Colombia are committing suicide to avoid being recruited”: UN.

The special rapporteur on indigenous peoples in Colombia catalogs the situation as a criticism. United Nations on the rights of Indigenous Peoples, Francisco Calí Tzay, at the conclusion of his official visit to the country  For 10 days, the United Nations special rapporteur on the rights of Indigenous Peoples, Francisco Calí Tzay, visited Colombia and was in Cesar, La Guajira, Leticia and Cauca. He assures that the situation of indigenous peoples is alarming due to the abandonment of the State, which leaves indigenous peoples at high risks. He assures that despite the signing of peace in 2016, he found that the war in the indigenous territories continues.    

The UN expert, Francisco Calí Tzay, came across heartbreaking stories on issues of recruitment of minors where he showed that children prefer to take their own lives before being recruited by armed groups.    

“You can see that there are children even 6, 7 and 8 years old who are being recruited and it is a situation that is worrying because it violates International Humanitarian Law due to the use of children in a conflict that unfortunately affects them directly because there have been suicides and suicide attempts and when they have talked to the children about suicide attempts, what they explain is that it is the only way they have found to free themselves from these forced recruitments.” Also, since they are used by armed groups to carry out intelligence, they are taken away for a few weeks and then supposedly released, but in reality they are reinserted into their communities as informants and in many cases the recruited minors are rejected by their families.    

“In some cases, recruited minors are not accepted back by their communities, which places them in a situation of abandonment and leads them to destitution, addiction or even prostitution.”  In the Sierra Nevada, the United Nations special rapporteur on the rights of Indigenous Peoples, Francisco Calí Tzay, encountered a story of sexual abuse that left him speechless. “For example, an indigenous community was forced to watch as one of its elders was subjected to sexual abuse in his sacred place by around 30 or 40 combatants, as a weapon of war and a form of humiliation.” 

He is concerned about contamination in indigenous territories occupied by megaprojects that have displaced them from their ancestral and sacred places and the reaction of businessmen is not the best.   

The reaction of the businessmen has supposedly been to bring them trucks with drinking water, but this is a regrettable response, not only because the quantities of water are not sufficient for cleaning, feeding and growing crops, but because it is not a permanent solution. Many of the damages caused are irreparable, so it is alarming to see the poor institutional and business reaction to this situation.   

Also how they take advantage of some indigenous leaders by making them sign supposed agreements that only end up affecting them and that is why they ask the State for its urgent intervention.   

“A particularly alarming case is that of the Nukak People, recently contacted, who, without receiving the necessary support from the relevant public entities, signed a carbon credit contract for a period of 100 years. “This contract contains an exclusivity and irrevocability clause in favor of a private company, violating its territorial rights in a significant way.”   

The situation of indigenous peoples is so critical that 71 are at risk of physical and cultural extinction, which is why the United Nations special rapporteur on the rights of Indigenous Peoples, Francisco Calí Tzay, asked the Colombian Government for a comprehensive intervention in the indigenous peoples and ensure their maximum protection. This complete report will be presented to the Human Rights Council in September and will include recommendations to settle the historical debt of the Colombian State with indigenous peoples.

4. CARACOL NEWS: Indigenous children are taking their lives in Colombia to avoid be recruited   

These are indigenous children who fear ending up in the ranks of illegal groups, also suffering the contempt of their communities, according to the complaint made by the UN.  A serious complaint was made by the UN about the abuses that illegal armed groups are committing against indigenous children in Colombia, whom they are forcibly recruiting from their early childhood. According to the United Nations, some children attempt suicide and others succeed, all in order not to join the ranks of criminals.  

“There is a situation in which you can see that there are children, even 6, 7, 8 years old, who are being recruited. It is a situation that is worrying, essentially due to the issue of violation of international humanitarian law,” said José Francisco Cali. Tzay, UN special rapporteur on the rights of ethnic peoples, at a press conference in Bogotá at the end of a 10-day visit to Colombia, which his office did not make since 2009.  The official said that “what the communities have been sharing with me is that they have talked to the children, because there have been suicides and suicide attempts. And when they have talked to the children about attempted suicide, what they respond is that it is the only way they have found to free themselves from these forced recruitments.”  Calí was alarmed above all about the situation of indigenous women and children and also about the forced recruitment of minors, which is sometimes done to "obtain intelligence", taking the little ones away from their families for a few weeks to serve. of informants.   

However, on many occasions, the recruited boys and girls are not accepted back into their communities due to mistrust, which "places them in a situation of abandonment and leads them to destitution, addiction or even prostitution."  Furthermore, due to fear of these recruitments, another of the "alarming" consequences is "the recent and accelerated increase in suicide rates among minors," he added.  Indignities against the indigenous community the sexual abuse of indigenous women and girls is also alarming: "There is information about sexual violence in all territories that is being used as a weapon of war," the rapporteur recalled. This, “with a disproportionate impact on women, children and older adults. For example, an indigenous community was forced to see how one of its elders was subjected to sexual abuse in its sacred place by around 30 or 40 combatants, as a weapon of war and a form of humiliation," the UN representative revealed.

On the other hand, Calí stressed that many indigenous people feel "frustrated" because they cannot participate "effectively" in the new peace negotiations, fearing that they will be left aside again.  UN Recommendations  The United Nations rapporteur pointed out that beyond the 71 indigenous peoples in danger of extinction, others, such as the Wayú, the majority in Colombia, are in a "serious humanitarian situation" with more than half of this population, residing in the Caribbean department of La Guajira, in "conditions of extreme poverty." "In the last 10 years, more than 5,000 Wayú boys and girls have lost their lives due to malnutrition and dehydration," he noted.

There are also more than 15 towns that have opted for voluntary isolation, but are experiencing the threat of illegal mining, indiscriminate logging or the presence of armed groups, which is why the rapporteur made an "urgent call" for the national government to adopt measures "to address vulnerability and the risk of physical and cultural extermination."  The rapporteur will present the report to the UN in September, which will include recommendations such as applying "without delay" the ethnic chapter of the 2016 peace agreement, promoting direct dialogues with indigenous peoples, independent of the current peace processes, or complying with the orders from the Constitutional Court that ask for respect for the rights and protection of peoples.

It will also request legislative and administrative measures to respect indigenous legal systems or to recognize their forms of government, while requesting that it be guaranteed that "the implementation of drug control measures is carried out in accordance with respect for rights (.    ) of indigenous peoples, including their ancestral practices, and indigenous medicine and science."    

5. EL SPECTADOR: Situation of indigenous peoples in Colombia continues to be “serious and worrying”: UN.

José Francisco Calí, the UN rapporteur on the Rights of Indigenous Peoples, concluded a 10-day visit to Colombia. Within what he found, he highlighted that the situation for indigenous peoples in the country, “continues to be serious, critical and deeply worrying.” According to Calí, although Colombia has made progress and has been open and collaborative to overcome the historical debt it owes to indigenous peoples, it has not been enough. According to the figures provided by the UN rapporteur, in Colombia there are 102 indigenous peoples and 71 of them are at risk of disappearing due to the "lack of effective application of their rights."

The office that Calí leads at this time has not made a visit to Colombia since 2009. For the rapporteur, "the underlying observation of my predecessors persists, who highlighted that (...) the lack of effectiveness and absence of the State, especially at the local level, prevents the effective enjoyment of the rights of indigenous peoples."  These problems have remained present, Calí said, due to the lack of State presence, which leaves them exposed to the control of armed groups and criminal organizations. Also, he highlighted that the problems are “historical and structural, not attributable solely to the actions of the current Government.” 

Calí highlighted in the conclusions of his visit that, although a peace agreement was signed with the FARC in 2016 and a chapter dedicated to indigenous peoples was intended, this has not been fulfilled and is greatly delayed. Likewise, he said that it is alarming that there continues to be a high level of forced recruitment of minors, even children under six years of age.  Likewise, the UN rapporteur states that on many occasions, the recruited boys and girls are not accepted back into their communities due to mistrust, which “places them in a situation of abandonment and leads them to destitution, addiction or even prostitution".  Calí also pointed out that in addition to the 71 towns that are in danger of disappearing, there are others, such as the Wayuu, that survive in “conditions of extreme poverty.” He added that “in the last 10 years, more than 5,000 Wayúu boys and girls have lost their lives due to malnutrition and dehydration.”    

The UN rapporteur assured that in September of this year he will present a report to the organization in which he will include recommendations such as applying “without delay” the ethnic chapter of the 2016 peace agreement. In addition, this report will seek to promote dialogues with peoples indigenous, independent of the current peace processes, or comply with the orders of the Constitutional Court that request respect for the rights and protection of the peoples.    

6. W RADIO: Indigenous minors are recruited to become informants: UN rapporteur.

In the framework of a press conference held in Bogotá this March 15, the UN special rapporteur on the rights of indigenous peoples, José Francisco Calí Tzay, acknowledged that progress has been made to resolve the State's “historic debt.” Colombian with indigenous peoples. However, Calí denounced that the human rights situation of the different ethnic groups in the country “continues to be serious, critical and deeply worrying,” since the underlying observation that had already been made by previous rapporteurs persists, who had indicated that the The lack of effectiveness and absence of the State, especially at the local level, “prevents the effective enjoyment of the rights of indigenous peoples.”    

Thus, the rapporteur considered that this phenomenon leaves these communities at the mercy of armed groups and criminal organizations, as well as economic agents who "see interests in their lands, in historical and structural problems, not attributable solely to the actions of the current Government." One of the main aspects on which Calí issued an alert was the situation of women and children, particularly in relation to the forced recruitment of minors, even as young as six, by illegal armed groups. 

This situation, according to the rapporteur, especially affects indigenous people and is sometimes done to "obtain intelligence", taking children away from their families for a few weeks to serve as informants. However, the recruited boys and girls are often not accepted back into their communities due to mistrust. This fact, adds the rapporteur, “places them in a situation of abandonment and leads them to destitution, addiction or even prostitution.”   Additionally, given the fear of these recruitments, another worrying fact is “the recent and accelerated increase in suicide rates among minors.”  

Another factor that causes concern is sexual violence against indigenous women and girls, since Calí pointed out that “there is information about sexual violence in all territories that is being used as a weapon of war.”    Furthermore, he indicated that many indigenous people feel “frustrated” because they cannot participate “effectively” in the new peace negotiations, fearing that they will be left aside again.    

7. EUROPA PRESS: UN expert denounces that there are indigenous children who "are committing suicide" to avoid being recruited in Colombia.   

The United Nations special rapporteur on the rights of Indigenous Peoples, Francisco Calí Tzay, has warned that there are indigenous minors in Colombia who "are committing suicide" to avoid being recruited by armed groups operating in the country.  "You can see that there are children even as young as six, seven and eight years old who are being recruited and it is a situation that is worrying because it violates International Humanitarian Law," said Calí in statements to the Caracol Radio station.  The UN representative has denounced "the use of children in a conflict that unfortunately affects them directly because there have been suicides and suicide attempts and when they have talked to children about suicide attempts, what they say is that it is the only way that they have found to free themselves from these forced recruitments.     

Calí has visited regions such as Cesar, La Guajira, Leticia and Cauca for ten days where he has detected the "alarming" situation of indigenous peoples in the face of "abandonment of the State." Despite the signing of the peace agreement with the guerrilla of the Armed Forces Revolutionaries of Colombia (FARC) in 2016 "the war in indigenous territories continues." In regions like these, minors are used by armed groups to carry out intelligence, they are taken away for a few weeks and then supposedly released, but in reality they are reinserted into their communities as informants and in many cases the minors recruited They are rejected by their families. "In some cases, recruited minors are not accepted back by their communities, which places them in a situation of abandonment and leads them to destitution, addiction or even prostitution," he warned.   

DANGER OF EXTINCTION   

The situation of indigenous peoples is so critical that 71 are at risk of physical and cultural extinction, which is why Calí has asked the Colombian Government for comprehensive intervention.  In an indigenous community in the Sierra Nevada, one of the elders of an indigenous community was subjected to sexual abuse in his sacred place "by around 30 or 40 combatants as a weapon of war and a form of humiliation."  

Calí has also denounced pollution in indigenous territories related to megaprojects that have displaced indigenous people from their ancestral and sacred places. The companies have compensated for these grievances by bringing them trucks of drinking water.   

"This is a regrettable response, not only because the quantities of water are not sufficient for cleaning, feeding and growing, but because it is not a permanent solution. Many of the damages caused are irreparable, so it is alarming to see the poor institutional and business reaction to this situation," he reproached.    

He also denounces that they take advantage of indigenous leaders by making them sign alleged harmful agreements. "A particularly alarming case is that of the Nukak People, recently contacted, who, without receiving the necessary support from the relevant public entities, signed a carbon credit contract for a period of 100 years. This contract contains an exclusivity clause and irrevocability in favor of  a private company, violating its territorial rights in a significant way," he explained.    

The full report will be presented to the Human Rights Council in September and will include recommendations to settle the historical debt of the Colombian State to indigenous peoples.    

8. NEWS ONE: UN denounces that armed groups are recruiting children   

Colombia's Indigenous Peoples are at a critical juncture as the country grapples with decades of armed conflict, the UN special rapporteur on the rights of indigenous peoples, Francisco Cali Tzay, who at the same time denounced that armed groups are illegally recruiting children into their ranks. The United Nations spokesperson expressed deep concern about the complex situation of indigenous women and children, who face multiple forms of discrimination within and outside their communities.    

Cali Tzay spoke to NotiCentro1 CM&, where she denounced that children are resorting to death by suicide to avoid being recruited by these groups outside the law.  “The testimonies of recruitment and forced displacement, suicides, sexual violence and discrimination in access to health, education and food are devastating […] What they (armed groups) do is they corner them (the children) to a situation of suicide, because they only see this way of freeing themselves.”, he assured.    

The UN rapporteur spoke with indigenous women who have been searching for their daughters, sons and partners who disappeared during the armed conflict for more than a decade, and who have not received an adequate response from the authorities. One of them said: “We have always been here, but they treat us as invisible.”    

The expert urged the Government to implement the recommendations of his predecessors, who visited Colombia in 2004 and 2009, and called for concrete measures to address the historical marginalization of Indigenous Peoples.    

“True progress depends on genuine recognition and respect for the rights of Indigenous Peoples, starting with self- government, self-determination, lands, territories and resources,” said Cali Tzay.    

9. AP AGENCY: The expansion of the armed conflict and natural disasters affect 8 million of people in Colombia. https://apnews.com/world-news/general-news-7ac68072558187ab24b1eeacc8494308 

10. AGENCIA API: ONU denuncia: niños indígenas se suicidan para evitar reclutamiento de grupos armados ilegales. https://www.agenciapi.co/noticia/justicia/onu-denuncia-ninos-indigenas-…

11. AGENCIA DE NOTICIAS IPS: La paz en Colombia necesita abordar los agravios a sus indígenas. https://ipsnoticias.net/2024/03/la-paz-en-colombia-necesita-abordar-los…

12. REPORTEROS ASOCIADOS DEL MUNDO: “Los niños indígenas en Colombia se están suicidando para no ser reclutados”: ONU. https://www.reporterosasociados.com.co/2024/03/los-ninos-indigenas-en-c…

13. NOTIMÉRICA: UN expert denounces that there are indigenous children who "are committing suicide" to avoid being recruited in Colombia. https:// www.notimerica.com/politica/noticia-experto-onu-denuncia-hay-ninos-indigenas- estan-suicidando-no-ser-reclutados- colombia-20240316140611.html

14. THE NEW HERALD: The expansion of the armed conflict and natural disasters affect 8 million people in Colombia. https://www.elnuevoherald.com/noticias/america- latina/article286746925.html   

… Of the 8.3 million people in humanitarian need in the country, 50% are women, 30% are children and 23% are ethnic communities who are disproportionately affected.    

The situation of indigenous people is exacerbated by the presence of armed groups that recruit minors as young as six years of age in some areas, Francisco Calí Tzay, United Nations special rapporteur on the rights of peoples, told the press on Friday. indigenous people at the end of a visit to the country.    

Calí Tzay added that many of these recruitments are for intelligence work. Children are taken from their families and then supposedly released to serve as informants. Some are not accepted back by their communities, since they distrust them, which leaves them in a situation of abandonment.    

15. ABC.ES: UN: The situation of the indigenous peoples of Colombia continues to be worrying. https://www.abc.es/sociedad/onu-situacion-pueblos-indigenas-colombia-si…

The UN rapporteur on the rights of indigenous peoples, José Francisco Calí, recognized certain progress to alleviate the "historical debt" of the Colombian State with indigenous peoples, but denounced that the human rights situation of the different ethnic groups in the country " remains serious, critical and deeply worrying. Despite "the open attitude and spirit of collaboration" of the institutions to "recognize the historical debt of the State with the Indigenous Peoples", the challenges to resolve the "structural problems" remain enormous, Calí highlighted in a press conference. in Bogotá at the end of a 10-day visit to Colombia, which this rapporteur had not made since 2009.

Continue reading from the Original Document

These contents do not necessarily reflect the official position of the Office in Colombia del Alto United Nations Commissioner for Human Rights and are based on external sources. The Contents above are machine translated to English from its Original Spanish Document.