The Permanent Forum urges the Governments of Colombia and Ecuador to take immediate action to protect the indigenous peoples whose territories are in the border area between the two countries. The Forum encourages the Office of the United Nations High Commissioner for Human Rights and the Special Rapporteur on the rights of indigenous peoples to work with the two Governments to address this situation in close cooperation with the indigenous communities concerned.
OHCHR reported:
During the
country visit of the Special Rapporteur on the rights of indigenous peoples to Ecuador from 19 to 29 November 2018, the situation in the border region to Colombia was considered as a separate theme. To inform her conclusions, the Special Rapporteur met with representatives from the Northern part of
Ecuador, including binational indigenous peoples. The preliminary findings at the end of the visit concluded that the situation of these nationalities is aggravated by the insecurity and pressings problems in the border region, including the impacts of aerial fumigations, the presence of the military, illegal armed actors and drug traffickers as well as incidents of sexual abuse, trafficking and forced recruitment of children and youth. The absence and discontinuation of social service provision due to the security situation was reported as a structural problem for indigenous peoples in this region. The final report from the country visit will be presented to the Human Rights Council in September 2019 with additional information and recommendations on topics covered during the
mission.
OHCHR in Colombia also continued to engage in active dialogue with the Government to monitor the situation of indigenous peoples residing in cross-borders areas of the country, in particular in the Putumayo region (border with Ecuador and Peru) to protect the rights of the 15 indigenous communities residing in the region. Putumayo has for years been used as a key coca trafficking route and indigenous peoples have suffered from violations of their human rights due to the interventions of armed groups operating within their lands, resulting in forced displacement from their ancestral territories, with a specific focus on the heightened risk brought by the presence of extractive industry which also impacted indigenous food security. Alarmingly, most of the indigenous communities are at risk of physical and cultural extinction. During 2018, the Office continued to facilitate a process for dialogues between the indigenous political and traditional authorities concerned and government authorities to address issues ranging from collective land titling, to protocols for prior consultation, and agreement on the mining and oil policy. On 13 December 2018, OHCHR-Colombia and indigenous and Afro-descendant representatives briefed the Constitutional Court on territorial and collective protection plans for endangered communities - Pueblo Arhuaco Sierra Nevada Santa Marta, Community Councils Alto Mira and Frontera in Nariño, Cocomopoca and Cocomacia in Chocó and 15 indigenous peoples of Putumayo- in Sierra Nevada, Nariño, Choco and Putumayo. This was done as a follow up to the landmark ruling T-25, and to accelerate effective implementation of protection measures to safeguard the collective rights of these communities. The briefing and related recommendations were well received by the Court’s magistrates, whom are expected to request prompt action by relevant state authorities.