ATANQUES, Colombia - "Historical Extermination of Indigenous Peoples" was the focus of the Permanent Peoples' Tribunal held in the Kankuamo Nation's territory in mid-July.

The Permanent Peoples' Tribunal is an international and permanent court that functions independently from state power at the international level. Since its first session in 1979 in Brussels concerning Western Sahara, the Tribunal has held 33 sessions addressing grave human rights violations.

Leonardo Crippa, staff attorney from our Washington, D.C. office, was selected to serve on an international panel of judges which included a Nobel Laureate, an Italian Supreme Court justice, university professors, and officials from indigenous nations.

ASSASSINATIONS, LOSS
OF LAND, ARMED CONFLICTS

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Indigenous Groups in Danger of Disappearing

Corporations with a license to kill

Final decision of the Tribunal's special session concerning the Historical Extermination of Indigenous Peoples in Colombia

For two days, the Tribunal heard testimony and collected evidence concerning assassinations, ongoing armed conflicts, prosecution of traditional indigenous leaders, militarization of indigenous territory, violations of collective property rights to land and natural resources, and threats to self-governance that endanger the survival of indigenous nations in Colombia.

It was the first time traditional indigenous leaders had the chance to denounce the historic and systematic violations of their collective rights as distinct peoples within Colombia before an independent tribunal.

"They say the world has advanced, that it is civilized now, that there are human rights, that significant progress has been made toward the protection of human beings on planet Earth," said Lorenzo Muelas, governor of the Guambiano people in Colombia. "But for indigenous peoples, that civilization has never existed, nor have there ever been human rights."

THE VERDICT

After more than two years of hearings documenting actions of foreign corporations that violate human rights of indigenous peoples in Colombia, the judicial panel issued their final verdict.

The verdict condemned 43 multinational corporations, the Colombian government and the U.S. government for their roles in ongoing violence that has led to "the imminent danger of physical and cultural extinction faced by 28 indigenous groups - including 18 with less than 100 members - who are suspended between life and death."

The verdict also states that indigenous peoples "are targets of genocide" whose natural resources, means of livelihood, food, water and land have been taken away from them as they are expelled from territories where transnational companies seek to exploit indigenous land for mining, oil and agribusiness.

The judges observed "a profound lack of recognition of the identity of indigenous peoples" and "violations of their right to exist according to their own ways of life, customs, traditions and world view."

TRIBAL LAW USED IN RECOMMENDATIONS

The Tribunal took into account indigenous tribal law (derecho propio o derecho mayor) and international human rights law when issuing the final decision. Based on an indigenous viewpoint provided by indigenous judges and testimony the Tribunal developed a section considering tribal law as a critical source of law when addressing the legal issues involved.

Using international human rights law principles, the Tribunal addressed the systematic human rights violations against indigenous nations in Colombia. Based on the evidence submitted, the Tribunal made critical recommendations to the State of Colombia, paramilitaries, international human rights bodies, and the Colombian people and media concerning the rights of indigenous peoples in Colombia.

The Tribunal's final judgment marks a historical decision addressing the systematic violation of indigenous rights in Colombia. Though it has no legal binding effect for the State of Colombia or transnational corporations operating in Colombia, the decision has a considerable moral influence well-recognized in the international community.

Bruno Rutsche, one of the judges for the Tribunal, has organized a briefing for the European Parliament from September 15 to18, 2008 to review the verdict on the cases from Colombia.

Photo courtesy of ONIC

RELATED LINKS

For further information concerning the Tribunal's special session concerning the Historical Extermination of Indigenous Peoples in Colombia, see the National Indigenous Organization of Colombia's web site (only available in Spanish) http://www.onic.org.co/

For further information regarding the Permanent Peoples' Tribunal, see the Lelio e Lisli Basso Issoco International Foundation's web site (only available in Italian)http://www.internazionaleleliobasso.it/