A/HRC/13/72
spaces have been killed. In 2009, the Constitutional Court declared the Rural Development
Statute invalid, because of the absence of consultation.37 The Government initiative to
prepare a draft law to regulate the right to consultation is welcomed. This process must
involve consultations with the indigenous and Afro-Colombian communities and guarantee
their active participation.
97.
In Order 004 of 2009, the Constitutional Court ruled that the internal armed conflict
could cause the cultural or physical extermination of many indigenous peoples and ordered
the formulation and implementation of plans for ethnic preservation of 34 peoples. To date,
and despite efforts undertaken by the Government and indigenous organizations, these
plans are still in a preliminary stage and require a significant boost to ensure rapid
protection. Moreover, in Order 005 of 2009, the Court declared that the fundamental rights
of Afro-Colombian communities were being systematically and continuously ignored.
98.
Unlike in 2008, demonstrations promoted by indigenous organizations (Minga) in
2009 were conducted in an overall peaceful manner, due to the constructive cooperation
between indigenous organizations, governmental authorities and security forces.
Investigations into the violence produced during the 2008 Minga, however, should be
advanced in order to identify and punish those responsible for acts of violence and
excessive use of force.
99.
Recognizing Government initiatives to promote rights to health, education and
territory of indigenous peoples, during his visit in July, the Special Rapporteur on the
situation of human rights and fundamental freedoms of indigenous people stressed that all
measures should be strengthened and their effective implementation ensured in consultation
with the indigenous peoples affected.
IV. Summary of activities of OHCHR-Colombia
100. OHCHR-Colombia continues to fulfil its mandate to observe and promote human
rights, as well as to advise and provide technical cooperation. As of 30 December 2009,
1,387 complaints had been received and OHCHR-Colombia had followed up on 1,279. A
total of 264 observation missions were undertaken, which represented a total of 788 days in
the field. Such missions, frequently undertaken in areas with weak or non-existent State
presence, made it possible to monitor regional and municipal situations, support local
processes, and provide advice to authorities and civil society organizations. In 2009, the
President requested OHCHR-Colombia to support and monitor the investigations into the
August massacre against Awá peoples. In response, OHCHR-Colombia travelled to the
crime scene, supported victims and the prosecutor in charge of investigations and shared its
observations and recommendations with national authorities.
101. OHCHR-Colombia supported the review of the country by treaty bodies as well as
the mechanism to follow up on the recommendations of the universal periodic review. It
further cooperated with the Government to organize a database for tracking international
recommendations and requests for action, including those of OHCHR-Colombia and
special procedures mandate holders. It also organized seminars on indigenous justice, the
rights of persons with disabilities, and human rights and private business with emphasis on
the role of the Global Compact. It provided the Attorney General’s Office with expert
support in investigations of sexual violence. It undertook or participated in a total of 3,047
meetings: 1,542 with public institutions, 981 with civil society, 263 with United Nations
organizations and 261 with the international community.
37
GE.10-11819
Sentence C-175 of 2009.
19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents