VZCZCXYZ0001
PP RUEHWEB

DE RUEHBO #2317/01 1772234
ZNR UUUUU ZZH (CCY PARA 3 CLASS AD00AAF822/MSI0250 510)
P 252234Z JUN 08
FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC PRIORITY 3350
INFO RUEHBR/AMEMBASSY BRASILIA PRIORITY 8263
RUEHCV/AMEMBASSY CARACAS PRIORITY 0611
RUEHLP/AMEMBASSY LA PAZ JUN 9522
RUEHPE/AMEMBASSY LIMA PRIORITY 6300
RUEHZP/AMEMBASSY PANAMA PRIORITY 1914
RUEHQT/AMEMBASSY QUITO PRIORITY 6966
RUEHGL/AMCONSUL GUAYAQUIL PRIORITY 4473

UNCLAS BOGOTA 002317 
 
SENSITIVE 
SIPDIS 
 
C O R R E C T E D  C O P Y  (PARA 3 CLASS CORRECTED) 
 
E.O. 12958: N/A 
TAGS: PTER PGOV PREL ECON SOCI CO
SUBJECT: COFAN INDIGENOUS GROUP DEMANDS CONSULTATIONS ON 
MILITARY BASE 
 
REF: BOGOTA 6535 
 
SUMMARY 
------ 
 ¶1. (U) The Santa Rosa del Guamuez Cofan Indigenous community 
petitioned the Inter-American Commission on Human Rights 
(IACHR) to seek precautionary measures requiring the GOC to 
consult with them on plans to build a military base near 
their territory.  The Santa Rosa representatives (who clash 
with other Cofan tribes in the area) contend the base will 
have adverse environmental and social impacts on their 
community, and say the GOC is legally obligated to consult 
with them prior to construction.  The Ministry of Defense 
 
(MOD) tells us the territory is not part of an indigenous 
reserve, and consultations are not required.  Still, the MOD 
offered to meet the Cofan to discuss their concerns, but the 
Cofan refused, demanding the completion of environmental and 
social impact studies prior to a meeting.  The MOD says the 
base is needed due to the heavy presence of narcotraffickers 
and illegal armed groups in the region. End Summary. 
 
PRIVATE VS. INDIGENOUS LAND? 
-------------------------- 
¶2.  (U) On March 10, 2008 the Santa Rosa Cofan indigenous 
community filed a complaint seeking precautionary measures 
with the IACHR regarding the Ministry of Defense's (MOD) 
plans to build a military base near their indigenous reserve. 
 The MOD notes that it purchased 173 hectares of land (Finca 
Maraveles) in 1989 from Alfonso Sanchez.  Sanchez had held a 
valid title to the land since 1973.  The Cofan allege that 
Sanchez "invaded" their land,  but have no maps or other 
documents to prove this.  They claim the GOC has lost maps 
proving the land's connection to the Cofan, but have not 
brought any legal action challenging Sanchez' ownership.  The 
Santa Rosa Cofan community has about 240 members--three other 
Cofan reserves are in the area.  They estimate the total 
Cofan population in Putumayo is about 1500; other members 
live in Ecuador. 
 
¶3.  (SBU)  Ministry of Interior and Justice (MOIJ) Director of 
Indigenous Affairs Edilberto Herrera told us the GOC promised 
eight hectares of the Finca Maraveles land, which the Cofan 
considers religious burial grounds, to the indigenous group 
in the 1970's.  He said the policy at that time was to 
promise first and confirm proper titling of the land later. 
Although no written documentation of this promise has been 
found, Army Commander Mario Montoya tells us the military has 
agreed to create an eight hectare buffer between the base and 
the community.  MOD sources added that the GOC is prepared to 
grant unlimited Cofan access to the eight hectares or to even 
sell back that part of the property.  The dispute over 
construction of the military base dates from 2006. 
 
CONSULTATIONS HINGE ON ENVIRONMENTAL IMPACT 
--------------------------------------- 
¶4.  (U) International treaties, the Colombian constitution, 
and court decisions (see reftel) require the GOC to consult 
with indigenous groups about actions that affect them.  The 
MOD says consultations are not required in this case, because 
the property was privately purchased and was not part of an 
indigenous reserve.  Herrera confirmed this was true, with 
the caveat that consultations are needed if there are 
"environmental or social impacts" on an indigenous community. 
 The Cofan fear the planned 200-soldier base will adversely 
affect them.  In addition to helicopter noise and 
"indiscretions" by young soldiers, they claim patrols 
improperly enter their homes.  An additional concern is the 
contamination of the headwaters of the river they use for 
fishing, traditional ceremonies, and washing.  The Cofan say 
a waste pipe currently flows directly from the base 
construction site to the river, with no visible filtration 
system. 
 
¶5.  (U) MOD Human Rights Office Director Colonel Juan Carlos 
Gomez told us he visited the military base on June 21, and 
saw a small creek in the area, not a river. He denied there 
would be any environmental impact, claiming the waste 
produced by the base is properly filtered.  Gomez said the 
MOD has completed the list of studies the Cofan requested and 
was prepared to present the information to the community on 
June 21, but the Cofan refused to meet with him--they wanted 
to see the studies first.  Instead, he met with the mayors of 
San Miguel and Hormiga who support the base opening and the 
new road it will bring, noting the economic benefits to the 
70,000 people in their communities.  The Santa Rosa Cofan 
 
 
leaders concede that local residents, as well as various 
tribes within the Cofan nation, are divided on the base issue. 
 
HALTED DIALOGUE 
----------------- 
 
¶6.  (U) Carlos Salinas, director of the U.S. human rights 
group Healing Bridges, and his lawyer Juan Pablo Berrios 
legally represent the Cofan and filed the complaint with the 
IACHR.  They told us the community requested that the IAHCR 
ask the GOC to halt construction of the base, and provide: 1) 
plans for the construction of the base, to include a list of 
machinery and chemicals to be used, and any plans to move the 
earth, 2) environmental impact study, in particular related 
to water sources, and 3) political, cultural, social, and 
economic impact studies.  They are concerned about on-going 
construction at the site. 
 
¶7.  (U) The Putumayo region is a strategic drug-production 
and transport area, and has a strong FARC presence.  Illegal 
armed groups and narcotraffickers often exploit locals in 
their efforts to continue operations.  The Cofan elders 
acknowledged the presence of narcotraffickers and criminal 
groups in the region, but complained that military presence 
would attract more violence. 
 
¶8.  (U) Accion Integral indigenous expert Fanny Romero told 
us that although their office does not usually conduct the 
consultations, they could assist the MOD to start a dialogue 
with the Cofan and could also help address the Cofan's 
environmental concerns.  In addition, they could provide 
sensitivity training to the military.  Post forwarded Cofan 
complaints to Accion Integral, and they have begun to 
coordinate with the Human Rights Office in the MOD on this 
issue.  Post is also facilitating an exchange of information 
between the MOD and the Cofan in an effort to start a 
meaningful dialogue. 
BROWNFIELD