(Translated by Rolf Schoenborn, a CSN Volunteer Translator)
CACIQUE TAMOABIOY ANCESTRAL TERRITORY
KAMENTSA AND INGA TRADITIONAL AUTHORITIES OF THE
SIBUNDOY VALLEY, PUTUMAYO – COLOMBIA
OCTOBER 16, 2014
The Ancestral Authorities and the Kamentsa and Inga people, who inherited their land from their ancestor the Cacique Tamoabioy, exercise their power and authority given to them by their people and in accordance with natural law and our basic rights, practice, customs and traditions recognized by the Colombian Constitution, Article 246; International Convention 169 of 1989 of the International Labor Organization/(ILO), ratified by Law 21 of 1991; and in keeping with other norms based upon natural law of origin.
MANDATE OF THE INDIGENOUS KAMENTSÀ AND INGA
We indigenous and heirs of the Cacique TAMOABIOY are not only heirs of the land but also of ancestral wisdom with the task of preserving our land and our well-being, according to the Bengbe Waman Juabn for the KAMENTSA and Suma Kwsai for the INGA, where the spirits of our elders give us advice, protect us and show us the right way.
Therefore the Kamentsa and Inga came together on October 14 and 15, 2014 in Sibundoy, Putumayo to assert and demand our collective ancestral rights according to natural law, and also to strengthen our culture and our attachment to the land.
Therefore we share the words of our traditional authorities, ancestral spirits, the taitas and mamitas, the sages, the young, and the children, with the national government, Colombian society, the international community and other indigenous peoples in their respective territories and walks of life.
That we as Kamentsà and Inga are indigenous, and have been in this land since time immemorial and preserve our own system of justice in accordance with our cosmic vision, habits, customs and traditions;
That in accordance with our system of justice, natural law, habits, customs and traditions at their most basic, we want to strengthen our principles and values of unity, solidarity, and brotherliness, as well as individual and collective respect, which we consider to be basic pillars of governance and social control in our respective lands;
That article 246 of the Colombian Constitution recognizes all rights within the framework of self-government and demands that indigenous peoples’ authorities be enabled to perform JURISDICTIONAL functions in their territories according to their own rules and proceedings, as long as they do not contravene the Constitution and Laws of the Republic; and therefore the Colombian State accords Traditional Authorities special functions;
That Law 21 of 1991, Article 4, Number 1, orders that the state “adopt special measures to be specified in order to safeguard persons, institutions, goods, work, cultures and the environment of the peoples concerned”;
That Law 21 of 1991, in Article 7, Number 1, decrees, The peoples concerned shall have the right to decide their own priorities regarding the process of development insofar as it affects their lives, beliefs, institutions, and spiritual well-being, and the lands they occupy or use in some way, and to control, insofar as possible, their own economic, social and cultural development.” In addition, said peoples should participate in the formulation, application and evaluation of national and regional development plans and programs which may affect them directly.
That the SIBUNDOY Mayor’s office nullify and void Act Number 010 granting possession on January 1 to the group Sol de Los Pasto de Sibundoy, and abstain from any and all recognition or certification not legalized by authorities in Inga and Kamentsa territory, unless claim procedures of the original indigenous peoples of the Sibundoy Valley are settled.
That the SIBUNDOY Mayor’s office acting in legal representation of Mr. Mauricio Guerrero García reply to this petition as soon as possible.
That the offices of the mayors of the Sibundoy Valley abstain from initiating possession procedures for municipal councils other than those of the Sibundoy Valley Inga and Kamentsá.
That the CONSTITUTIONAL COURT carry out the revision of Sentence STC 12 85 5-2014, Proceeding No. 8600 1-22-08-000-2014-0017 8-01 of September 24, 2014.
That the Office of Indigenous, Minorities and ROM Affairs, Incoder (Instituto de Desarrollo Rural – Rural Development Institute), the Delegated Defender of Ethnic Minorities attached to the Ombudsman’s office be guarantors the demanded recovery of the ancestral lands of the Inga and Kamentsá peoples of the Sibundoy Valley.
That those who denominate themselves as the Sol de Los Pasto y Quillacingas community SHOW RESPECT for the Inga and Kamentsá, residents for thousands of years of the Alto Putumayo and heirs of the Tamoabioy territory.
And as a consequence,
1. The Certificate of Possession No. 010 which was granted by the Mayor’s office of the Municipality of Sibundoy to the Sol de Los Pasto, because it was issued by an authority without the right to do so, lacking the necessary legal validity.
2. All legislative and administrative measures which contravene our fundamental rights and threaten our continued existence as an original, millenial indigenous PEOPLE.
3. All the megaprojects implemented under the concept of the NON EXISTENCE of the Inga and Kamentsa Peoples and their Ancestral Territories of the Sibundoy Valley.
Our tradition and vision of the cosmos learned from our grandfathers; the concept of ownership of the land does not exist as it is understood in the language of non-indigenous peoples; we instead say that Mother Nature provides us with the fruits of the earth, the mountains, the valleys, the jungle, the rivers, the slopes, the waterfalls and the lakes. One community wins this right against another, or one people against another, through the extent of its knowledge and familiarity of the secrets of its territory. This requires first entering into harmony with the forces and spirits which animate it in order to be able to govern.
That we the Kamentsa and Inga Indigenous People do not RENOUNCE our ancestral, constitutional and legal right to organize ourselves to conduct our own government.
That the Traditional Authorities in office and the Representatives of the Kamentsa and Inga are the only ones who legitimately have the right to enter into a dialogue and carry out processes of agreement with the State.
That the ancestral Inga and Kamentsa territory is indivisible (soil, subsoil, air space), imprescriptible, inalienable and guaranteed against seizure according to the word of life, which we have inherited from our ancestors for our existence in time and space as an ancient people and culture.
The National Government to move forward in a clear, sincere and transparent manner all of the processes of dialogue and agreement, so as to permit us at last to find the path to those agreements which should lead us to specifications of our fundamental rights for the good of this diverse country which is home to us all.
All ancestral peoples to reaffirm with us our struggles, we being defenders and protectors of our territory and autonomy. In a harmonious and holistic relationship ensuring continued existence for future generations.
FOR LAND, FOR LIFE, FOR OUR EXISTENCE.
THE UNITED NATIONS OF INGA – KAMENTSA.