Geneva (August 9, 2012) – “I emphasize the importance of the dialogue process between the Government of Colombia and the authorities of the Nasa people from the north of the Department of Cauca, recently initiated to address the issue of the military presence in Nasa territory and other related matters. I understand that this dialogue process began after the Nasa authorities and their Indigenous Guard took measures to expel the military troops and an armed group of the FARC that were in their territory. In previous days, according to the information received, there were clashes between the military and the FARC group that resulted in several injuries and damage to indigenous property.
“I encourage the parties to deploy all their efforts to advance this dialogue process. It must be ensured that the process advances in a spirit of good faith and the search for solutions that comply with applicable human rights standards.
“In addition, I urge the security forces and indigenous authorities to act diligently at all times to ensure the right to life and personal security, as well as the right to freedom of association and expression of the inhabitants of indigenous territories. .
“The issue of the military presence in indigenous territories was one of the issues addressed during my visit to Colombia in July 2009 and in my subsequent report on the situation of indigenous peoples in Colombia (A/HRC/15/37/Add. 3). I take note with concern of the information received that indicates a condition of growing vulnerability of the indigenous peoples in Colombia in the face of the military presence and armed confrontations within the territories they inhabit, especially in the north of the Department of Cauca.
“During and since my visit to Colombia, I have verified that, in many cases, the indigenous authorities have insisted on the demilitarization of the territories of their peoples. The presence of both the army and irregular armed groups is alleged to contribute to the conditions of violence that have resulted in a large number of deaths and injuries, as well as damage to indigenous property.
“I recognize the complexity of this situation, which encompasses both the interests and responsibility of the Colombian State to maintain public order, as well as the legitimate demands of indigenous peoples to guarantee their physical security and respect for their own authorities and institutions. I believe, however, that it is essential to take the necessary measures to reverse the patterns of violence that affect indigenous peoples and ensure that the presence of the army does not contribute to conditions that endanger them. In this regard, I recall that the effective implementation of the precautionary measures requested by the Inter-American Commission on Human Rights in favor of the members of reservations belonging to the Nasa people in Cauca is necessary (IACHR,
"Of special relevance in this context is article 30 of the United Nations Declaration on the Rights of Indigenous Peoples, which establishes in its first paragraph the following: 'Military activities shall not be carried out on the lands or territories of indigenous peoples , unless justified by a relevant public interest reason or freely agreed with, or requested by, the indigenous peoples concerned.' This provision establishes a presumption against the military presence in indigenous territories, for which the State should always seek alternatives to the use of indigenous territories for military installations or activities, unless the interested indigenous peoples have requested it.
“Article 30 of the Declaration exceptionally provides for a military presence in indigenous territories if there is a 'relevant public interest.' In this regard, I observe that the relevant public interest is not equivalent to the specific or transitory interests that define military strategies and tactics, but rather encompasses the greater social interest, including the social interest of ensuring the well-being of indigenous peoples, within a human rights context. Therefore, the security and well-being interests of affected indigenous peoples need to be fully taken into account as part of the assessment of whether or not there is a sufficient public interest to justify a military presence. Given the nature of this evaluation, I believe that it requires a high-level determination within the Government.
“Furthermore, even if the public interest is established to justify the military presence in indigenous territories, prior consultation with the indigenous peoples concerned is required to establish the conditions of that presence. The second paragraph of article 30 of the Declaration on the Rights of Indigenous Peoples states that '[t]he States shall hold effective consultations with the indigenous peoples concerned, through appropriate procedures and in particular through their representative institutions, before using their lands or territories for military activities.'
“It should be noted that article 30 of the Declaration is based on the rights of property and autonomy that indigenous peoples have over their territories, rights recognized and protected by several other articles of the Declaration. In addition, these rights are protected by Convention 169 of the International Labor Organization on Indigenous and Tribal Peoples in Independent Countries, and by the American Convention on Human Rights according to the jurisprudence of the Inter-American Court of Human Rights.
“Based on these property and autonomy rights, it is up to the indigenous peoples, through their own institutions and authorities, to exercise control over the areas they traditionally inhabit. This makes it necessary to respect the indigenous authorities in the deployment of the functions of the State, including functions in the security framework, within the indigenous territories.”
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On March 26, 2008, the UN Human Rights Council appointed James Anaya Special Rapporteur on the rights of indigenous peoples, for an initial period of three years. The Council renewed his term for an additional three years in 2011. Mr. Anaya is the Regents' Professor and the James J. Lenoir Professor of Human Rights at the University of Arizona School of Law (USA). ).
Visit the Special Rapporteur's website: http://www.ohchr.org/EN/Issues/IPeoples/SRIndigenousPeoples/Pages/SRIPeoplesIndex.aspx
See the UN Declaration on the Rights of Indigenous Peoples: http://daccess-ods.un.org/access.nsf/Get?Open&DS=A/RES/61/295&Lang=S
For more information and press requests, please contact Maia Sophia Campbell (Tel.: + 41 22 917 9314 / email: mcampbell@ohchr.org ) or write to indigenous@ohchr.or