Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Colombia (Ratification: 1991)

1. The Committee notes the communication from the Workers’ Trade Union Confederation for the Oil Industry (USO), received on 31 August 2007, in relation to the comments made by the Committee in its last observation on the request concerning the application of the Convention to the communities of African extraction of Curvaradó and Jiguamandó. The communication was prepared jointly with the community councils of the Curvaradó and the Jiguamandó, the Inter-denominational Justice and Peace Commission, the Colombian Commission of Jurists and the José Alvear Restrepo Lawyers’ Collective. The Committee notes that the communication was forwarded to the Government on 11 September 2007 and will examine it in detail at its next session, together with any comments that the Government considers it appropriate to make.

2. Nevertheless, due to the gravity and urgency of certain issues, and the irreversible consequences that certain situations referred to in the allegations may have, the Committee expresses its deep concern at the allegations of threats and violations of the right to life and the personal integrity of the inhabitants of these communities. The Committee refers in particular to the following allegations contained in the communication: (1) the presence of paramilitary groups in the community territory, including those known as Aguilas negras and Convivir and the allegation that they are tolerated by the official forces, and particularly army brigades XV and XVII. The paramilitary forces are reported to have established themselves in community lands in 2007 and to have made threats and accusations against the inhabitants of the communities of belonging to the guerrilla which, in view of the situation in the country, places their life at grave risk. The communication indicates that this intimidation is carried out as a result of the cultivation of the African palm and that all those obstructing the cultivation of palm oil in Curvaradó and Jiguamandó were threatened with being “cleaned up”; (2) impunity with regard to violations of the fundamental rights of members of the communities, such as the disappearance and murder in 2005 of Orlando Valencia, the leader of African extraction of Jiguamandó; (3) the “judicial persecution” of victims of human rights violations and the members of supporting organizations. The communication indicates that, even though there is sporadic guerrilla presence in the region, the communities are a civilian population and have decided to establish humanitarian zones which have been recognized by the Inter-American Court of Human Rights. The Committee urges the Government to take all the necessary measures without delay to guarantee the life and the physical and moral integrity of the members of the communities, to ensure that any persecution, threats or intimidation ceases and to ensure that effect can be given to the rights set out in the Convention in a climate of security. The Committee requests the Government to provide information on the measures adopted in this respect and to reply to the comments made by the Committee in its last observation. The Committee requests the Government, when making its comments on the USO communication, to provide detailed information on the manner in which measures are taken to give effect to Article 14 of the Convention respecting the lands of the Jiguamandó and Curvaradó communities.

3. Taking into account the fact that the full reports on the application of the Convention will be examined next year, the Committee requests the Government to provide information on the implementation of the recommendations made by the Governing Body in November 2001 in the two reports adopted on the representations alleging failure to comply with the Convention by the Government of Colombia (GB.282/14/3 and GB.282/14/4).