E/CN.4/2005/88/Add.2 page 2 Executive summary This report is submitted in accordance with Commission on Human Rights resolution 2003/56 and covers the official visit to Colombia by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, which took place between 8 and 17 March 2004. Colombia has made progress in recent years in terms of the constitutional recognition of the rights of indigenous peoples. There are still enormous challenges to be faced, however, in the effective promotion and protection of indigenous people’s human rights and fundamental freedoms. The lack of coherence between the constitutional order, the effective implementation of the relevant provisions and the proper functioning of institutions has limited the achievements of the 1991 Constitution. The Special Rapporteur heard many accounts of the conflict currently gripping the country and its devastating effects on indigenous peoples: murder and torture, mass displacement, forced disappearance, forced recruitment of young people into combat units and rape of women, as well as occupation of their lands by guerrilla, paramilitary and other illegal armed groups. There are also reports of the militarization of some indigenous communities. The Special Rapporteur is particularly concerned at the situation of some very small communities that are now on the brink of extinction as a result of the murder of their leaders, massacres, threats and the forced dispersal of their members. In the Special Rapporteur’s view, the full application of the human rights provisions of the Constitution is essential, yet these may be at risk from proposed new legislative measures. The possibility that the powers of the Constitutional Court may be curtailed and limitations imposed on amparo proceedings (tutela) represents a serious threat to the effective protection of indigenous rights. The Government has assured the Special Rapporteur of its determination to deal effectively with the social and economic problems that face more than 700,000 indigenous people in Colombia. The Special Rapporteur considers certain urgent issues to be of vital importance, including the internal forced displacement of numerous indigenous people, the exploitation of the natural resources on their lands, the spraying operations that are part of the campaign against illicit crops and prior consultation on matters that affect them, notably in the area of economic development. Of particular concern are the devastating effects of the armed conflict on indigenous peoples, and the Special Rapporteur appeals for a resumption of the peace process in order to restore respect for international humanitarian law and human rights, and for the adoption of the measures needed to halt the recruitment of minors into armed groups. Based on the conclusions drawn from his visit, the Special Rapporteur recommends, inter alia: securing the supply and free passage of food to indigenous communities in conflict zones, in particular to the neediest groups; the mobilization of international cooperation for an emergency programme of aid to the indigenous communities in danger of extinction, particularly in the Amazon region; respect for neutral and demilitarized indigenous territories on the part of