A/HRC/16/22 (c) On 27 June, an indigenous Awa was killed in Barbacoas (Nariño), allegedly by members of the FARC-EP. (d) An indigenous person in the rural community of Los Chorros, Caloto (Cauca) died on 2 May, when a device launched by the FARC-EP exploded in an indiscriminate attack; moreover, several homes were damaged during the attack. A group of soldiers had allegedly taken refuge under the civilian homes when the attack began. (e) In January, several Embera indigenous communities from Bajo Baudó (Chocó) were under confinement due to confrontations between the Army and the ELN. The Afro-Colombian communities of Juana Marcela and Carmelita in Medio San Juan (Chocó) were displaced in April after receiving threats from Los Rastrojos and Águilas Negras. In October, Afro-Colombian communities from the Berreberre River basin in Medio Baudó (Chocó) were under confinement due to armed action from the ELN and Los Rastrojos. (f) In March, several indigenous children were recruited by the FARC-EP in Florida (Valle) and, on 9 April in El Carmen de Atrato (Chocó), the ELN attempted to recruit a group of indigenous children from the Abejero community. 11. OHCHR-Colombia has also received information regarding inadequate compliance with the right of communities to prior, free and informed consultation and consent in relation with the implementation of several projects in the departments of Cauca, Guajira, Norte de Santander and Tolima, among others. (a) For the past three years, the community council of La Toma, municipality of Suárez (Cauca) has been requesting titles to the ancestral lands on which they have lived and worked since the XVII century. The state has ignored the presence of these AfroColombian communities and, without prior consultation, granted property deeds and mining permits to private persons outside the community. (b) The land management plans are occasionally used as instruments to negate the presence of indigenous peoples. In other situations, however, the need for a prior consultation has been recognized to draft land management plans, as did the Territorial Planning Council of the municipality of Tibú (Norte de Santander) with the Bari indigenous people. (c) In the case of the Mandé Norte mining project for exploration and exploitation of gold, copper and other minerals in Antioquia and Chocó, the Constitutional Court ruled that: i) the native groups affected by the project had not been consulted; ii) the community authorities and institutions representing the communities had not been taken into account; and iii) the community was not informed about the content of the Mandé Norte project. H. 1. International humanitarian law Guerrilla groups 12. OHCHR-Colombia documented several massacres and selective killings attributed by authorities to members of guerrilla groups. (a) Authorities attributed the murder of four persons who had been kidnapped on 30 March in Andes (Antioquia) to the FARC-EP. (b) In Tarazá (Antioquia), on 3 May, members of the FARC-EP allegedly killed three persons, including a boy. 24

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