Humanitarian Situation Report | HSR No. 21 17 Jul - 30 Jul 2007 0 3570 140 210 280 [ Kms.

Valledupar (Cesar): Homicide of Protected Person (Indigenous Leader)

Cantagallo (Bolívar): Homicide of Protected Person

Yondó (Antioquia): Minefield victims (2 soldiers dead and 2 injured)

Condoto (Chocó): Mass displacement (110 people)

Planadas (Tolima): Minefield victims (1 civilian injured)

Colombia (Huila): Mass displacement (43 families)

Ricaurte (Nariño): Minefield victims (5 indigenous people dead; 2 children); Legend Communities at risk

Departmental Borders 1 Dot = 1 Armed confrontations Attacks against civilians Homicides of protected people Minefields At-risk Communities Mass displacement

Information may be shared among humanitarian actors involved in crisis response though the Humanitarian Situation Room, www.colombiassh.org Organizations can post their contact details though the Who What Where site, as well as any other pertinent information by submitting it to: [email protected] Updated information on IASC Colombia can be found at www.colombiassh.org/iasc. Borders and names on this map do not represent an official endorsement by the United Nations. humanitarian situation report OCHA COLOMBIA N°21

I. HUMANITARIAN SITUATION OVERVIEW

AT-RISK COMMUNITIES IN NARIÑO MONTHLY TREND Indigenous, Afro-Colombian and peasant 70 70 communities are at high risk of mass 60 displacement due to minefields, armed 56 confrontations and forced recruitment. 50 51 43 600 members of the AWA indigenous community are 40 under pressure by FARC due to probable minefields 30 31 planted throughout their reservations in the town of 28 25 Ricaurte. The indigenous inhabit a zone where 20 19 constant armed confrontations are registered, therefore facing a high risk situation. Between July 10 14 and 15, five members of the indigenous group (two children among them) died by minefield 0 accidents within the Magüí reservation. After the July 3 - 11 July 12 - 16 July 17 - 23 July 24 - 30 accidents, the Ombudsman of Nariño department Armed confrontations Events reported a mass displacement of indigenous families from Magüí reservation into neighbouring rural areas and the urban area of Ricaurte. This preliminary EVENTS information known by OCHA still lacks the number of Armed confrontations 53 indigenous families currently displaced. However, the Ombudsman’s Office reported a food shortage in the Minefield accidents 16 communities, and a humanitarian mission of AWA Threats against civilians 10 authorities arrived in Ricaurte on July 21 to meet with Homicide of protected person 3 their affected fellows. The Local Committee for IDPs’ Integral Assistance is evaluating the situation to Homicide 3 determine the needs for humanitarian assistance. Mass displacement events 2 Acción Social also sent a representative to area. It is worth pointing-out that AWA indigenous communities Individual/Family displacement events 2 had recently returned after a mass displacement in Attack against infrastructure 2 2006. Attack against civilians 2

On the other hand, OCHA’s Field Office in Cali was Illegal checkpoint 1 informed of the increase of forced recruitment of 0 102030405060 afro-Colombians in the town of Olaya Herrera, located in the Pacific Coast. 16 new cases of forced recruitment were registered during last week in a EVENTS PER DEPARTMENT rural area of this municipality, where the Catholic 1 Church and UNHCR conduct community-based Sucre 1 1 protection initiatives. Guaviare 1 1 Boyacá 1 Meanwhile, UNHCR reported last week that an 2 Santander 2 undetermined non-Sate armed actor is engaging in 2 La Guajira 2 continuous attempts to enter urban areas in the town 2 of Ipiales (in the highlands of Nariño). According to Cesar 3 3 the source, nearly 8,500 persons are currently at Atlántico 3 3 high risk. Meta 4 4 Bolívar 4 UNHCHR and the Early Warning System of the 5 Tolima 6 Ombudsman’s Office are visiting the municipality 10 Nariño 10 regularly as a “protection-by-presence” prevention 11 measure and UNHCR will conduct a registration Antioquia 12 campaign among the population. 024681012

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MASS DISPLACEMENT IN CHOCÓ ARMED CONFRONTATIONS 110 displaced from rural Condoto Undetermined 4% The event was reported by the Early Warning Farc Army - Aguilas Negras System of the Ombudsman’s Office on July 27. 6% 4% Victims would have fled from their homes (southeast Army - Undetermined Army - Delinquency Chocó) because of armed confrontations and military 4% 15% operations against FARC. OCHA monitors this preliminary information. Army - New Band 9% FORCED RECRUITMENT Army - ELN New cases of forced recruitment in Meta 6% Army - ERG and Sucre departments reported. 2%

The Navy Infantry informed to have intercepted a boat travelling to Puerto Gaitán municipality (Meta) along the Meta River where a “new emerging band” was transporting a group of 15 youngsters forcibly recruited in the Urabá region (July 25). The second case occurred in the city of Sincelejo (capital of Sucre). According to information received by OCHA’s Army - Farc Field Office (July 24 - 30), 19 men are reported 50% missing. They were presumably recruited by an All data herewith presented was gathered from official sources by OCHA Colombia undetermined non-State armed actor. Even though later on 4 of them returned, people in Sincelejo are reluctant to denounce kidnappings and recruitment by fear of reprisals.

Furthermore, concerns about children and youth forced recruitment in Colombia increase as reported by the inter-institutional working group against children and youth participation in Colombia’s armed conflict “Colombia Coalition” (comprised by national and international NGOs). The group presented its formal report to the Human Right’s Inter-American Commission (July 13), which focused its analysis on children’s recruitment and demobilisation in the negotiation between the Government of Colombia and paramilitary groups. While pointing-out there are no official figures, the report indicates there would be an estimate of 13,000 children (1 in 4 combatants under age 18).

HEALTH CRISIS IN ARAUCA 60,000 people with restricted access to health services due to armed pressure.

2 major healthcare companies in Arauca suspended the provision of medical services in the towns of Arauquita, Saravena and Fortúl claiming armed pressure from ELN (July 18). Both companies cover 80% of the departmental population; 40% (60,000) settled in the affected towns. The Social Protection Ministry called upon the Defense Ministry to take protection measures for the companies’ workers. Consequently, the Army Brigade in Arauca increased military presence to reinforce security in these towns.

KANKUAMO INDIGENOUS AUTHORITY MURDERED IN The Inter-American Human Rights Court recalls that since 1986, 300 Kankuamos have been killed and over 400 families forced to leave their ancestral territory.

The indigenous leader, José Trinidad Martinez, witness in the judicial process of an Army colonel accused on connivance with former paramilitary groups, was killed on July 16 (press sources) in the village of Atanquez (rural whereabouts of city located in Sierra Nevada de Santa Marta). The Inter-American HHRR Court had issued especial protection measures for the Kankuamos in 2003, which were recently ratified this year.

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FOLLOW-UP: PROTESTS AGAINST AERIAL FUMIGATIONS CONTINUE IN BOLÍVAR 1,000 IDPs from southern Bolívar affected by aerial spraying and armed confrontations continue gathered in the town of Cantagallo claiming international attention.

Protesters issued a press communiqué through the Peasant Families Association denouncing human rights’ violations and the damaged caused to 14 rural zones by aerial spraying, and requesting humanitarian aid consisting of food, non-food items and medical services. A verifying mission integrated by local authorities of Cantagallo, the Catholic Church and a local community-based organisation confirmed subsistence crops and water sources are contaminated by glifosate in the reported areas, therefore causing a food shortage and the spread of diseases among rural inhabitants (July 17). While local authorities are delivering food and medical aid to IDPs, the Peasant Families Association together with the Ombudsman’s Office have established a permanent humanitarian working group to keep track of the crisis and advocate toward a prompt solution.

FOLLOW-UP: MASS DISPLACEMENT IN NARIÑO 8,000 persons remain at risk in El Charco and La Tola while displacements continue.

Local authorities informed 81 families arrived to the urban area of El Charco since the last displacement event in the rural San José two weeks ago. According to the source, IDPs are temporally settled in shelters and in relatives’ houses. Similarly, some rural areas of the municipality of La Tola are at high risk due the presence of illegal armed groups along the Tapaje River. Regarding the situation of the population declared in civil resistance, OCHA was informed about nearly 8,000 people in 6 rural areas of El Charco municipality who still remain in their territories in high risk of displacement.

Communities in the area face food shortages and therefore requested the Ombudsman’s Office, NRC, the Catholic Church, UNHCR and OCHA for humanitarian aid and for national and international attention upon their situation. The Local Committee for IDPs Assistance made an appeal to the Departmental Committee for support due to its low capacity to assist a new mass displacement. The main needs in the urban area of El Charco where IDPs are arriving are food and sanitation infrastructure. The Ombudsman’s Office issued a new note emphasising the prevention and protection actions recommended in its early warning for El Charco and Iscuandé municipalities.

II. POLITICAL CONTEXT OVERVIEW

FORMER PARAMILITARY COMMANDERS SUSPEND NEGOTIATIONS WITH THE GOVERNMENT OF COLOMBIA The announcement was made last week after the Constitutional Court sentenced “paramilitarism” is to be tried as an ordinary crime rather than as political rebellion (July 11). This decision enables extradition and raises many doubts on the legal situation of nearly 19,000 ex-combatants. Rearming and claims of former paramilitaries currently running for local posts add to the controversy.

The matter caused a confrontation between the Court and President Uribe. Magistrates argue political status cannot be granted to paramilitaries nor can they be tried for rebellion or political crimes – “sedition” in legal terms- under the basis of the National Constitution and the international treaties to which Colombia is bound. Furthermore, the Court argues that the origin of self-defence groups, although illegal, coincided with the State’s interests in fighting rebel guerrillas as apposed to fighting State forces to overthrow the establishment. In essence, paramilitaries are not rebels, and therefore their crimes cannot be transmuted into political rebellion.

On the other hand, President Uribe argues that all non-State armed actors should be offered the same negotiation terms under a peace process. His logic is supported by the fact that self-defence groups have incurred in drug-trafficking and atrocious crimes for financing their subsistence and exercising control just as much as left-wing guerrillas. In the end, their means are similar notwithstanding their ends. In addition, the President sustains that to any given victim it is irrelevant whether the perpetrator was a paramilitary or a guerrilla member, what counts is that be it one or the other, they both have to be punished the same way.

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Therefore, Uribe called upon the National Government to work on proposals seeking to revive rebellion as a figure under which paramilitaries can be judged, and to present such proposals before Congress with the objective of keeping the process alive. The General Procurator offered a third possibility consisting on developing an alternative legal figure to try the remaining 19,000 ex-combatants. It is noteworthy that the suspension of the process could increase the risk of rearming, thus far documented by OAS throughout the country. In turn, ELN timidly suggested the matter should be settled through a national referendum.

DEPUTIES’ BODIES STILL IN FARC’S HANDS Even though FARC agreed to deliver the remains of the deputies killed on June 18th to a humanitarian commission led by ICRC, the encounter has not taken place yet, increasing doubts around the conditions of their assassination.

On June 28th, the Colombian Security Management Department, DAS denounced that FARC could be delaying the deliver in order to modify the crime scene and thus erase all trace of their responsibility for the murder. According to DAS, important information reports that the remains have been moved from a region in the Pacific Coast of Nariño department, to an area near Pradera and Florida municipalities (requested by FARC to be demilitarised for a humanitarian negotiation). Furthermore, the intelligence organisms declared that the death of the deputies took place during an armed confrontation between two different units of FARC one of which gave the order to kill the hostages. Meanwhile the humanitarian commission for the recovery of the deputies’ remains and their relatives continue waiting for the delivery.

ELN AND THE GOVERNMENT COULD NOT REACH A CEASE OF HOSTILITIES AGREEMENT AT THE 6TH ROUND OF TALKS IN CUBA Disagreements around the terms for a cease of hostilities are to be discussed when talks resume on August 20. Cuban representatives will be present at the table as witnesses.

The National Government stands firm on the need for a concentration area in order for the cease of hostilities agreement to be verifiable. ELN, on the other hand, said they will not enter a disarmament process and will not concentrate their troops, claiming verification should be conducted on the basis of mutual trust and with participation of international organisms. Despite prevailing differences, the High Peace Commissioner officially handed over to the public the “base agreement” document, which is the staring point for the next round. Following the end of the 6th round, ELN and FARC issued a joint public communiqué (July 23) stating they have established an “insurgent unity” in Catatumbo region (Norte de Santander) to coordinate their military actions. The announcement is an important precedent bearing in mind the intensifying and continued fighting between both guerrillas in other areas such as Arauca, Cauca and Nariño departments reported throughout this year.

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