E/CN.4/2005/88/Add.2
page 16
57.
The ecological disaster wrought by these precipitate changes to indigenous people’s
natural environment, involving billion-dollar investments and multinational economic interests,
is second only to the resulting human catastrophe visited upon the indigenous communities and
peoples directly affected. In many cases, the destruction of indigenous communities goes hand
in hand with the destruction of their sacred sites and of the various manifestations of their
cultural heritage that are so important to the preservation of indigenous identity.
Of particular concern are the threats of extinction hanging over several of
Colombia’s communities. At least 12 small indigenous peoples living in Amazonas find
themselves on the brink of extinction as a result of all these processes (armed conflict, illicit
crops, environmental destruction, economic megaprojects) and their impact on the
population’s living conditions (forced displacement, selective killings of leaders, destruction
of the subsistence economy, deterioration in health and disintegration of the social fabric of
the community and of its particular cultural identity). Among the Amazonian indigenous
peoples, 40 per cent are thought to be at high or very high risk.
Some of the most vulnerable groups are the Awa, Kofan, Siona, Paez, Coreguaje,
Carijona, Guayabero, Muinane-Bora, Pasto, Embera and Witoto peoples in the departments
of Putumayo, Caqueta and Guaviare. Their situation represents a humanitarian emergency
of considerable proportions, but the measures taken thus far by the State and various private
and international agencies seem inadequate to deal effectively with the crisis.
58.
Any resolution of the grave environmental problems in the indigenous regions will
depend to a large extent on how the indigenous reserves are managed. Under the Constitution
and Act No. 160 of 1994, land is to be granted to indigenous communities through the
establishment, extension, rehabilitation and restructuring of reserves. In 2003, the Colombian
Rural Development Institute recognized 80 indigenous reserves, covering a total area
of 1,125,792 hectares and benefiting 15,155 Wayuu, Embera-Katio, Pijao, Embera-Chamí and
Embera families in Bajo Atrato and Putumayo.
59.
Yet the Special Rapporteur found that many outstanding claims remain unresolved. The
Kankuamo people of the Sierra Nevada, for example, have requested the establishment of a
reserve and the Mokana indigenous peoples in Atlántico report that their Tubará reserve,
declared unoccupied in 1886 and appropriated by private interests, has still not been returned to
them. Similarly, the Inga people of Putumayo complain that no action has been taken on their
various requests for the establishment, extension and rehabilitation of their reserves. There are
also reports of tension and conflict arising with settlers, ranchers, cattle farmers and armed
groups over ownership of these lands.
60.
It is a continuing cause for concern that the indigenous communities, despite the fact that
they have legal ownership of the reserves, are not able to protect their territories adequately from
invasion or fraudulent conversion or to effectively exercise their right to decide to what use their
lands should be put, all the more so as there are powerful outside economic interests vying for
control of that land. Conflicts may arise partly because the relevant legislation has not yet been
consolidated, partly because the definition of an indigenous reserve does not cover subsoil