Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people,
Mr. James Anaya
Addendum
The situation of indigenous peoples in Colombia: follow-up to the recommendations made by the previous Special Rapporteur
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Distr.: General
25 May 2010
English
Original: Spanish
Human Rights Council
Fifteenth session
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Summary
This report presents the findings of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Mr. James Anaya, on the situation of indigenous peoples in Colombia, as part of the follow-up to the recommendations made in 2004 by the previous Special Rapporteur, Mr. Rodolfo Stavenhagen. These findings are the result of an exchange of information with the Government of Colombia and other interested parties and of the mission carried out by Mr. Anaya between 22 and 27 July 2009. The Special Rapporteur notes the readiness of the Government of Colombia to recognize the rights of indigenous peoples. It is evident that Colombia is engaged in addressing matters concerning indigenous people and in developing plans and proposals in response to the recommendations of the previous Special Rapporteur. Nevertheless, the Special Rapporteur expresses concern over the multiple indications that the grave situation of indigenous peoples in Colombia has not been addressed with the level of urgency it deserves. In general, the laws, programmes and policies of the Government do not ensure effective protection of the human rights of indigenous peoples in Colombia. Also, it is clear that the situation of indigenous people is aggravated by the internal armed conflict currently gripping Colombia. According to most indicators, that armed conflict is having a disproportionate effect on the indigenous peoples. The Special Rapporteur received reports of an increasingly worrying situation of violence and other crimes against indigenous peoples, and also cases of forced displacement and confinement, which threaten the physical and cultural survival of Colombia’s indigenous peoples. There is clearly a high level of engagement in indigenous affairs on the part of the State of Colombia, demonstrated by the development of plans and proposals in response to the recommendations of the previous Special Rapporteur. However, there are still major challenges that the Government must meet if it is to comply with its obligation to protect and effectively promote the human rights and fundamental freedoms of indigenous peoples, including rights to land, natural resources and prior consultation with them on decisions that affect them. Also, there are significant differences generally as regards the enjoyment of economic, social and cultural rights between the indigenous peoples and the population of Colombia as a whole. The Special Rapporteur presents a series of recommendations aimed at addressing those challenges and making real progress in the recognition and protection of the human rights of Colombia’s indigenous peoples, in accordance with the State’s obligations and commitments in this matter.