Force, determination, courage, love of life, identity
These words largely sum up my impressions of my mission to Columbia, which took place principally in Bogota and in the south of the country (Cali, Tumaco, Neiva) from the 10th to the 20th of November, 2009. The mission was part of a Lawyers without Boarders Canada project that aims to reinforce access to justice for indigenous communities and other groups particularly vulnerable to the effects of ongoing armed conflict in the country.
My schedule, which for the most part I shared with my colleague Me Eve-Marie Préfontaine, was fully loaded. It included:
• a meeting with the Indigenous Legal Network of the National Indigenous Organization of Columbia (ONIC) (in Bogota)
• an international meeting on the responsibility of multinational corporations (in the region of Bogota)
• several working meetings with lawyers and human rights advocates (the lawyer’s association CAJAR, the ONIC, the Colegiatura de Cali, the Defensora del Pueblo and the Observatorio de Derechos Humanos in Neiva)
• a meeting with municipal authorities to discuss the land rights of afro-Colombian communities (Tumaco, Pacific coast)
• several workshops with indigenous and afro-Colombian communities (with the Awas in the Narino department, in Tumaco, in Cali, in Neiva, and in Bogota)
As LWOB delegates our role was principally to support victims and their lawyers in meetings with the Columbian authorities, to collect information regarding the circumstances of victims and their lawyers, and to offer presentations on Aboriginal rights in Canada. For my part, I talked about the duty to consult Aboriginal peoples, the negotiation of agreements regarding the impact and benefits of projects and Aboriginal customary law. We also underlined the importance in Canada of lawyers associations and law societies.
The workshops on aboriginal customary law were a highlight of the mission for me. Aboriginal Columbians seem to regularly apply their customary laws (for example in family, penal, and civil matters) and the Columbian Constitution clearly recognizes their jurisdiction to do so. During these workshops I shared some of my experiences with Aboriginal Communities in Canada. I described the ongoing process of codifying Cree customary hunting laws, and the Mohawks’ experience in using a Mohawk court to resolve various penal matters and civil disputes.
When indigenous leaders intervened during workshops I participated in, I was struck by the force with which they affirmed their identity and defended their cultures, legal systems and territories. Their desire to protect their identity was so ardent that, in certain circumstances, it even pushed them to risk their lives.
One major source of pressure on indigenous lands is its mineral wealth. As a part of my presentations on the duty to consult I talked about the impact and benefit agreements negotiated in Canada between companies, governments, and Aboriginal communities. The workshop participants were surprised to hear that often, Canadian governments and companies are willing to negotiate with Aboriginal communities, as opposed to trying to physically push them of their lands.
The case of the James Bay Cree, in which consent to hydroelectric development led to financing for autonomous social programmes, raised both curiosity and interest. Nevertheless, years of violence seems to have made this kind of compromise unimaginable for most of the indigenous peoples who spoke at the workshops. In contrast, they foresaw an intense struggle to exclude resource companies from their territories. The leaders that we met did not seem willing, given the present context of violence and distrust, to make comprises.
The courage of the numerous lawyers I met in Columbia is unforgettable. They continue to pursue judicial actions nationally and internationally despite a climate of intimidation, threats and assassinations (400 lawyers have been murdered in the last 20 years). I was also surprised to see that many human rights lawyers are young women, dynamic, eloquent, confident and often notable examples of Columbian beauty (!).
The love of life and sense of humour of the lawyers I met, though often tinged with cynicism, was striking. Despite leading lives where fear is never far, they continued to laugh, to go out and to dance (especially salsa, much to my delight). One lawyer whose life had often been threatened explained to me why it was important for human rights lawyers to make frequent visits to Europe; otherwise, he said with a hearty laugh while tracing a finger across his throat, they were eliminated.
Despite assassinations, collusion between politicians and paramilitary forces, and the intimidation of government agencies supposedly charged with their protection, the lawyers I met have refused to surrender to fatalism. They continue to work with determination and to look forward to a Columbia governed by the rule of law. It’s inspiring.
Elisabeth Patterson
A LWBC Mission with Indigenous Accents: A Volunteer’s Description of her Time in Columbia
Force, determination, courage, love of life, identity
These words largely sum up my impressions of my mission to Columbia, which took place principally in Bogota and in the south of the country (Cali, Tumaco, Neiva) from the 10th to the 20th of November, 2009. The mission was part of a Lawyers without Boarders Canada project that aims to reinforce access to justice for indigenous communities and other groups particularly vulnerable to the effects of ongoing armed conflict in the country.