KOGUI SITUATION PROMPTS DEBATE ON RELIGIOUS FREEDOM VS.

C O N F I D E N T I A L BOGOTA 003557

SENSITIVE
SIPDIS

E.O. 12958: DECL: 2019/12/16
TAGS: PHUM PGOV KIRF CO
SUBJECT: KOGUI SITUATION PROMPTS DEBATE ON RELIGIOUS FREEDOM VS.
INDIGENOUS AUTONOMY

CLASSIFIED BY: Mark A Wells, Political Counselor; REASON: 1.4(B),(D)

SUMMARY

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1. (C) Indigenous Kogui Christian Antanacio Moscote told us 28
Christians were detained by the Gonawindua Tayrona Organization
(OGT),the governing body of the Sierra Nevada indigenous reserve,
for failing to observe traditional religious rites. Moscote said
traditional Koguis were willing to coexist with the Christians, but
that the OGT, which is controlled by other ethnic groups, was
opposed. The OGT has denied holding anyone against their will, and
cites court decisions that uphold indigenous autonomy and the right
to prohibit public practice of Christianity on indigenous reserves.
According to an Accion Social (the government's development agency)
representative, GOC agencies are wary of interfering with
indigenous autonomy. End Summary.



CHRISTIANS DETAINED

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2. (C) On December 1 Antanacio Moscote, a member of the Kogui
indigenous Christian community, told us the OGT, the governing body
of the Sierra Nevada indigenous reserve (in the La Guajira, Cesar,
Magdalena departments),began detaining Kogui Christians from the
Don Diego river valley on October 27. Moscote reported that five
detainees either escaped or were released for health reasons. By
December 10, the total number of detained had reached 28
individuals, including non-Christian parents of adult converts.
Many of the detained were ill and some, including a pregnant woman,
had been beaten, asserted Moscote. (NOTE: Post has thus far been
unable to independently confirm reports of beatings. An Early
Warning System -- a program designed to alert public security
forces of impending human rights violations -- analyst met with the
detained Christians and OGT representatives on November 23 but the
resulting report does not mention physical abuses.)




3. (C) Moscote emphasized that the Christian Kogui aspired to
remain part of the Kogui community and had established an informal
agreement with the local religious leaders (mamos) to participate
in the community's secular life while privately practicing their
non-catholic, Protestant confession. He noted that the Christians
did not proselytize and followed cultural norms including dress,
language, and participation in collective work. Moscote said this
arrangement had satisfied Kogui leaders, who valued the Christians'
contribution to the community -- especially their education and
ability to speak Spanish.



KOGUIS TALK OF SECESSION

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4. (C) Moscote said the Koguis' -- both Christian and traditional
-- short-term goal remains the release of the detained Kogui
Christians. In the long-term, Moscote explained that the Sierra
Nevada reserve's 2,000 Koguis, the vast majority of which maintain
traditional religious beliefs, are interested in seceding from the
OGT. (Note: The Sierra Nevada indigenous reserve is composed of
three indigenous groups, the Koguis, Wiwa, and Arhuaco with an
estimated population of 16,000). According to Moscote, the OGT had
traditionally marginalized the Koguis and denied them access to


education, health care, and other government services. As a
result, many of these functions had been fulfilled by the Kogui
Christians, whose population is estimated to be around 100 members,
according to the OGT Governor.



OGT DENIES DETENTIONS

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5. (C) Immediately preceding the first detentions on October 27,
the OGT government issued a document outlining the results of a
communal meeting held October 24-26 in which community leaders
determined that the exercise of the Christian faith on the reserve
was a violation of ancestral law. All Christians in the Don Diego
river valley were ordered to undergo traditional religious training
in the indigenous village of Dumingueka for at least two months.
OGT Governor Jose de los Santos Sauna told us no one has been held
against their will, and that those who wish to leave the reserve
may do so.



LEGAL PRECEDENT PROTECTS AUTONOMY,

BUT ACKNOWLEDGES RIGHT TO PRACTICE FAITH

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6. (C) Colombian law grants indigenous autonomy, except in cases
that contravene the constitution. The Courts have stated that
indigenous governments may prohibit proselytizing within their
territories. A 1998 decision (SU-510/98) clarifies that while
indigenous authorities have the right to define infractions, an
individual may not be sanctioned for the mere act of being
Christian. The decision goes on to say, however, that if
Christians refuse to comply with traditional practices, including
religious customs, they may be penalized under indigenous law. A
2008 decision (T-349/08) reiterates an individual's right to
practice Christianity in private on indigenous territory, but
upholds the indigenous government's right to determine if the
public practice of Christianity is a threat to indigenous
traditions.



GOC RELUCTANT TO INTERFERE WITH AUTONOMY

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7. (C) Edwar Alvarez, Accion Social representative for the Sierra
Nevada region, told us the GOC was hesitant to meddle in internal
indigenous matters, but that they were concerned about the case.
Other government agencies, including the Ministry of Interior and
Justice and the Presidential Program for Human Rights, are actively
investigating. Government officials initially expressed confidence
that the situation would be quickly resolved, but after a December
4 meeting between government representatives and the OGT, momentum
appears to have slowed. Another meeting between the GOC and OGT is
scheduled for January 20.




8. (C) The Kogui Christians have received political support from
Senator Victor Velasquez, President of the Human Rights Committee.
Colombian Evangelical groups have also expressed support. In


addition, Post has received dozens of emails from U.S. missionary
groups requesting Embassy intervention. Our approach has been to
consult with the GOC on its response and avoid any direct
involvement in the dispute.
NICHOLS