THE STRUGGLE OF COLOMBIA'S INDIGENOUS TO PRESERVE

C O N F I D E N T I A L BOGOTA 002774

SIPDIS

E.O. 12958: DECL: 07/30/2018
TAGS: PTER PGOV PREL ECON SOCI CO
SUBJECT: THE STRUGGLE OF COLOMBIA'S INDIGENOUS TO PRESERVE
THEIR IDENTITY

REF: A. BOGOTA 6535

B. BOGOTA 2317

C. BOGOTA 1966

Classified By: Political Counselor John S. Creamer.
Reasons 1.4 (b) and (d).


SUMMARY
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1. (U) Indigenous make up slightly more than 3% of Colombia's
total population, but indigenous reserves (resguardos)
account for over 30% of Colombia's national territory.
Indigenous groups are relatively well-organized, and
international conventions and Colombian law on consultations,
political representation, and communal lands ensure
indigenous rights. Still, indigenous claim the GOC
frequently ignores the requirement that it consult with
indigenous communities before taking actions that may
adversely affect them, and also complain that security forces
harass their communities. Many indigenous live in conflict
areas, and face threats and displacement by illegal armed
groups and narcotraffickers. They are Colombia's poorest
ethnic group, and have the highest rates of infant mortality
and disease. End Summary.

PRESENCE AND PROTECTIONS
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2. (U) The 710 indigenous reserves in Colombia account for
over 30% (34 million hectares) of the country's national
territory. The vast majority of the indigenous reserves are
found in the sparsely-populated and inaccessible Amazonian
departments of Vichada, Guainia, Guaviare, and Vaupes. The
departments with the largest number of indigenous are Cauca
(250,000) and La Guajira (280,000). The departments with the
highest indigenous population as a percentage of the overall
population include Vaupes (67%),Guainia (65%),La Guajira
(45%),Vichada (44%),Amazonas (43%),Cauca (22%),and
Putumayo (21%). The 2005 census reports there are 1,392,623
indigenous, accounting for 3.4% of Colombia's total
population.


3. (U) The Ministry of Interior and Justice (MOIJ) reports
that Colombia's 87 known indigenous communities speak 64
languages; indigenous groups self-identify 104 communities.
The Wayuu are the single largest indigenous group, with
149,00 members residing largely in the Guajira department.
The second largest community is the Nasa, with 138,000
members in Cauca and Valle del Cauca departments. Most other
groups have fewer than 2,000 members--leaving them
politically powerless compared to the Wayuu and Nasa. Due to
the vast distances between communities, as well as sharp
linguistic and cultural differences, rivalries and
disagreements among the groups are common. MOIJ Indigenous
Affairs Directorate head Edilberto Herrera told us his office
must consult with multiple groups--including traditional
leaders, the National Organization of the Indigenous of
Colombia (ONIC),and the Permanent Settlement Forum on
Indigenous Issues (Mesa de Concertacion Permanente) -- to
determine indigenous views on specific issues.


4. (U) The Colombian Constitution, domestic court decisions
and legislation, and international conventions delineate the
protections afforded to indigenous communities. The
indigenous have the right to govern their own territories, be
consulted by the GOC on government actions that affect their
communities (see reftel A),and receive guaranteed political
representation. Articles 171 and 176 of the Colombian
Constitution provides the indigenous two senators and one
representative in the Colombian Congress. Articles 246 and 7
establish the right to self-government for indigenous and
Afro-Colombians, and recognizes that Colombia is a
multi-cultural society. ILO Convention 169, ratified by
Colombia in 1991, further guarantees collective land rights.

HEALTH AND SOCIAL INEQUALITY
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5. (U) The indigenous are the poorest population in
Colombia, and also have the highest mortality rates and the
highest rates of intestinal diseases, tuberculosis, hepatitis
and malaria. The indigenous infant mortality rate is
63/1,000 for the indigenous, as compared to 41/1,000 for the
general population. The indigenous population is young; 45%
of the population is under the age of 15. According to a
Javeriana University study, indigenous women have an average

of 6 children. Due to their presence in rural and
inaccessible regions, indigenous access to basic health care
and education is limited.

LAND
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6. (U) Despite the large tracts of land reserved for the
indigenous, land disputes continue. The largest indigenous
reserves are located in the remote, Amazonian departments,
leaving indigenous in more populous departments such as Cauca
feeling shortchanged. Moreover, encroachment on indigenous
reserves by peasants and corporate interest is also an issue.
The GOC's Rural Development Institution INCORA (now INCODER)
designated over 30 million hectares of land since 1961. This
responsibility moved to the Ministry of Interior and
Justice's Indigenous Directorate with the Rural Development
Law of 2007. Indigenous reserves have existed in Colombia
since 1532--prior to INCORA's involvement the indigenous had
recognized claims to only 405,000 hectares. The three GOC
entities that protect indigenous rights are the Human Rights
Ombudsman (Defensoria),the Inspector General's Office
(Procuraduria),and the lead agency, the MOIJ Indigenous
Directorate.

LESS DEVELOPMENT
--------------

7. (SBU) Agricultural Ministry Advisor Lorena Garnica said a
recent constitutional court ruling overturning the Forestry
Law (see reftel C) will make it almost impossible for
interested indigenous councils to negotiate with private
investors on development projects located on communal land.
She said the Court's ruling, which found the Forestry Law
unconstitutional because it violated the consultation
requirement for indigenous and Afro-Colombians, failed to
define what would constitute acceptable consultations.
Without clarity on this issue, few investors would consider
projects in communal lands. ONIC, which opposes all private
development on indigenous lands, told us the Rural
Development Law -- as well as the voided Forestry Law --
promoted the transfer of land and resources from indigenous
communities to corporate interests. ONIC said that since
indigenous cannot access private loans because they cannot
use communal lands as a guarantee, the GOC should make
capital available to the reserves.

ARMED CONFLICT AND ILLICIT CROPS
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8. (SBU) The 2007 Report of the United Nations High
Commissioner for Human Rights noted that over 6,000
indigenous were reported displaced, down from a peak of
18,854 in 2005. The report comments that the remote location
of many reserves leaves them vulnerable to violence and
displacement by the FARC and other criminal groups, which
exploit the reserves for sanctuary, coca cultivation,
processing and transportation. GOC officials estimate that
up to 20,000 hectares of coca plants are located in
indigenous reserves. Coca growers prefer indigenous lands
because aerial and manual eradication is slowed by the
required GOC consultations with the communities. ONIC
Coordinator Joanne Washington told us aerial eradication is
ineffective, and causes indigenous displacement. She added
that the GOC policy of employing local communities for manual
eradication is counterproductive; indigenous communities make
money by either growing and selling the coca, or by growing
and then manually eradicating the coca.


9. (U) Colombian security forces are not allowed to maintain
a permanent presence inside indigenous reserves. Still, the
Colombian military is aggressively expanding its presence
near once remote indigenous areas as it takes the war to the
FARC. Many indigenous appreciate the improved security
provided by the enhanced military presence, but complain
military personnel harass their communities, do not respect
their customs, and do not consult with them before taking
actions that affect them. The military recognizes the need
to improve communication with the indigenous, and has
developed a cultural-sensitivity training program through its
civilian affairs office. Still, military officials assert
Colombian law does not require consultations before launching
military operations in indigenous reserves or building bases
near reserves. The tension over consultation requirements
leaves both parties frustrated (see reftel B).

THE CAUCA EXAMPLE
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10. (U) The ongoing conflict in Cauca highlights the
difficulty of protecting indigenous rights in the context of
security and armed conflict. The GOC promised to acquire an
additional 15,663 hectares for the Nasa community in Northern
Cauca after the 1991 killing of 13 indigenous by security
forces. To date, the MOIJ has acquired 10,082 hectares and
handed them over to the community. The remaining 5581
hectares contain highly-valuable, productive land, and GOC
officials told us they do not have the funds nor the will to
buy the plantations for the Nasa.


11. (C) Over the last three years, Nasa protests --
including land invasions and disruption of the Pan American
Highway -- have led to more than 30 clashes with security
forces. The Nasa complain about the use of excessive force
by the Colombian military and police, and two indigenous were
allegedly killed in a crossfire between the military and the
FARC on May 29. President Uribe publicly attributed the
protests and land invasions to FARC infiltration of the
community. The indigenous Quintin Lame guerrilla group
operated in the region before demobilizing in 1991, and
Catholic priests working in the area confirm that some
community members maintain ties with radical groups. In the
last year, 20 deaths were reported in Cauca due to the armed
conflict.




BROWNFIELD