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resources, and partly because the conflict situation described above makes indigenous peoples
more vulnerable even within their own reserves. Furthermore, the constitution of indigenous
territorial entities, as expressions of indigenous peoples’ autonomous rights, has still not been
incorporated into the State’s institutional framework. The Special Rapporteur is concerned at
potential threats to the integrity of the indigenous reserves, and thus to the collective rights of the
indigenous peoples, that may arise in the future, and suggests that a broad-based commission
should be established to carry out a pilot study of the problem.
61.
The Regional Council of Cabildos, which represents four indigenous peoples of the
Sierra Nevada, states that its members’ interest, as indigenous peoples and ancestral owners of
this territory, is in obtaining the use, management and control of their traditional lands by
applying the strategies of consolidation of land, reinforcement of indigenous government in all
its forms and management of the land in a balanced manner consistent with historical and current
reality. The consolidation of land, as a principle and as a policy, is based upon the rehabilitation
and extension of existing reserves, the establishment of a Kankuamo reserve and the protection,
recovery and control of traditional sacred sites.
62.
In 2003, the Government and the Regional Council of Cabildos signed an agreement
providing for consolidation of indigenous lands, indigenous government, environmental
conservation, the sustainable development of the Sierra Nevada de Santa Marta and inter-agency
coordination with regional and local authorities.
63.
The territorial changes have also had an impact on the indigenous peoples’ subsistence
economy. One of the hardest hit groups has been the Wayuu people in Guajira, who complain
that legislation, the Government’s development priorities and the paramilitary presence have all
had an adverse effect on their living conditions. One of the examples they cite is the fact that the
Ministry of Mines and Energy has failed to honour an agreement signed in 2002 between the
Government and several indigenous cooperatives trading in fuel products on the
Colombia-Venezuela border, with the result that AUC, by intimidation and harassment, has
managed to set up its own company, to the detriment of the Wayuu indigenous cooperatives. In
a letter handed to the Special Rapporteur, the Wayuu community of Manaure demands that the
Government comply with the agreement allowing the community to engage in the production
and sale of salt, a job performed mainly by women.
64.
Similarly, the indigenous Yukpa community of the Perijá mountains on the Venezuelan
border submitted a complaint to the Special Rapporteur alleging that its territory is being invaded
by non-indigenous peasant settlers who threaten their traditional activities, thus causing them to
fear for their survival.
D. Access to justice and indigenous jurisdiction
65.
As in other countries of the region, the issue of the administration and functioning of
justice is of particular concern to the indigenous peoples. In Colombia, access to justice is
closely bound up with land issues, the strengthening of indigenous peoples’ authorities and
respect for their own jurisdiction.
66.
The problems cited in connection with the administration of justice include: the
non-recognition by the State authorities of indigenous peoples’ ethnic and cultural diversity and