A/HRC/16/22 70. This has led to selective murders, disappearances, confinement, forced displacement, and indiscriminate attacks through the use of anti-personnel mines. The victims include women and girls, who are also subjected to acts of sexual violence. 71. These crimes were attributed to FARC-EP, ELN and to post-demobilization groups. For example, FARC-EP was accused of the killing of two young Awá men in Barbacoas, Nariño in June. In April, unidentified assassins killed seven Afro-Colombian miners in Suárez, Cauca. 72. Violations, including sexual violence, have also been attributed to members of the security forces. Insufficient and inadequate measures to protect the civilian population during military operations may have led to cases of forced displacement, such as the displacement of 300 Eperara Siapiadara indigenous peoples in January in Olaya Herrera, Nariño. 73. OHCHR-Colombia recognizes the judicial efforts to address violations against indigenous peoples, such as the conviction of the killers of Edwin Legarda and the massacre of 12 indigenous Awá people in August 2009. However, the State must reinforce the protection measures to avoid further such killings.22 74. It is imperative to advance in the formulation of protection plans for indigenous and Afro-Colombian communities and in strict compliance with Constitutional Court orders 004 and 005 (2009). Despite repeated recommendations by OHCHR-Colombia, no protection plan has been implemented to date. 75. The Ministry of Interior and Justice faces huge challenges to uphold the right of communities to free, prior and informed consultation and consent. Current domestic legislation does not protect this right in the case of mining exploration, even though mining has been considered one of the driving forces for the economic development of the country. The persistent weakness of the State to protect collective rights is thus a matter of concern. For example, in Buenaventura, Valle del Cauca, it took over a year to implement the court ruling to immediately stop illegal mining activities that were destroying the lands of the Zaragoza community council. The presence of Afro-Colombian communities or indigenous peoples in areas of economic interest is often ignored, or their ancestral lands are not titled as collective lands or reservations to avoid the obligation to consult. In other cases, consultations are conducted with people who are not legitimate representatives of the affected community, or the internal decision-making processes of the ethnic groups and communities are not respected. 76. In this context, it is necessary to adopt adequate legislation and a proper implementation mechanism, formulated in a participatory manner with indigenous peoples and Afro-Colombian communities. OHCHR-Colombia offers its support and advice in this process. L. International humanitarian law 1. Guerrilla groups 77. OHCHR-Colombia received reports of systematic attacks attributed to FARC-EP and ELN against civilian populations and property, such as massacres, selective homicides, 22 The Presidential Programme on Human Rights reported the killing of 51 indigenous persons between January and October, representing a 48 per cent decrease with respect to the same period in 2009. The National Indigenous Organization of Colombia (ONIC) reported that 122 indigenous people were killed in 2010 (including unreported cases and indigenous buried as unidentified). 13

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