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C O N F I D E N T I A L BOGOTA 003855 

SIPDIS 

SIPDIS 

E.O. 12958: DECL: 05/19/2017 
TAGS: PTER PGOV PREL ECON CO
SUBJECT: CURVARADO AND JIGUAMIANDO:  A TALE OF TWO 
DISPLACED AFRO-COLOMBIAN COMMUNITIES 

REF: A. BOGOTA 2533 
     ¶B. BOGOTA 2274 

Classified By: Political Counselor John S. Creamer.
Reason: 1.4 (b,d) 

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Summary 
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¶1.  (C)  Conflict between paramilitary and FARC forces 
displaced the Afro-Colombian communities of Curvarado and 
Jiguamiando in 1997.  Between 2001-2002, after the GOC 
designated 100,000 hectares in the area as Afro-Colombian 
"communal territories," community members returned.  They 
found their land occupied by African palm plantations.  Palm 
companies claimed they "bought" the land, but human rights 
and Afro-Colombian advocacy groups say sellers were 
intimidated by paramilitaries and/or lacked the legal right 
to sell the land.  The GOC's land titling agency has spent 
years sorting out which plantations are legitimately on 
private property and which are on communal territories. 
Contacts expect the lands to be returned by the end of 2007. 
The GOC is also prosecuting corporate officers in palm 
plantation companies operating in the area for charges 
including homicide.  Prosecutors are optimistic about the 
cases, but worried about their ability to protect witnesses. 
End summary. 

-------------------------------------------- 
Background: Afro-Colombians and African Palm 
-------------------------------------------- 

¶2.  (U)  1993's "Ley 70" designated traditional 
Afro-Colombian lands as "communal territories."  The law 
described what lands would become communal territories, but 
did not explicitly demarcate their boundaries.  Article 63 of 
the National Constitution and Article 7 of the "Ley 70" 
declares that the land in each community designated for 
collective use cannot be transferred or seized as collateral 
in a legal proceeding ("inalienable, imprescriptible, e 
inembargable").  The department of Choco on the Pacific coast 
has the highest concentration of Afro-Colombians (ref A). 
About 10 percent of Colombia's African palm oil, a source of 
bio-fuel and other products, comes from the Pacific coast 
region (ref B). 

¶3.  (U)  The USG supports African Palm projects in many parts 
of the country.  In addition to a thorough diligence process 
that establishes land history and ownership, the USG works 
primarily with small and medium sized land holders.  The USG 
also works with private banks, which adds an additional due 
diligence step.  Further, the USG is working with INCODER and 
local government entities to strengthen the land titling 
process and accountability. 

--------------------------------------------- ------- 
Curvarado and Jiguamiando:  Caught in the Cross-Fire 
--------------------------------------------- ------- 

¶4.  (U)  The Afro-Colombian communities of Curvarado and 
Jiguamiando in northern Choco were caught in the cross-fire 
between the FARC and the United Self-defense Forces of 
Colombia (AUC) in the late 1990s according to Hector Cruz, a 
fifteen year veteran of the national Prosecutor's office who 
is coordinating criminal prosecutions in the area.  Prior to 
1997 each community had a population of 3,000-5,000, spread 
throughout half a dozen or so small river villages.  FARC 
influence was pervasive until 1997 when paramilitary forces 
began engaging the FARC. The FARC and AUC targeted community 
leaders for assassination, and local residents fled. 

¶5.  (U)  Palm companies began "purchasing" land in the area 
between 1998-2001.  Human rights and Afro-Colombian advocacy 
groups say sellers were intimidated by paramilitaries and/or 
lacked the legal right to sell the land.  They also claim 
corrupt local government officials colluded in the process 
and that threats continue.  Cruz said palm plantations began 
operating in the area in 2001.  At the same time, the 
government land titling agency, INCODER, designated 100,000 
hectares of communal territories in Curvarado and Jiguamiando
and displaced community members began returning.  According 
to INCODER, they found thirteen thousand hectares of land 
were occupied by palm plantations, some financially supported 

by GOC agricultural agencies. 

¶6.  (C)  LorenaGarnica, a special advisor to the Ministry of 
Agriculture and Rural Development which oversees GOC land 
agencies, said INCODER has spent years sorting out which 
plantations are legitimately on private property and which 
are on communal territories.  INCODER ultimately decided that 
15,000 hectares of plantations were on communal territories. 
Still, returning the land has been complicated by the 
multitude of government agencies involved.  Land registration 
offices (local municipal notary offices that register land 
titles) have to void prior title decisions before the land 
can be returned, but have waited until civil courts resolved 
property demarcation disputes.  Civil court decisions have 
sometimes been contingent on criminal court findings. 
Garnica said "buck passing" was a problem, but thinks an 
interagency March 28, 2007 agreement will expedite the 
process.  Garnica and Cruz both expect the majority of the 
15,000 hectares to be returned before the end of 2007.

--------------------------------------------- ------ 
Prosecutions for Murder, Mayhem and False documents 
--------------------------------------------- ------ 

¶7.  (C)  Hector Cruz has worked for three years developing 
cases for crimes committed in Curvarado and Jiguamiando since 
the displacement.  He was recently put in charge of all cases 
against palm companies in the area, a responsibility 
previously shared between a number of different prosecutors. 
Every month he spends about a week in Choco: talking to 
witnesses, reviewing documents, and traveling by boat (for up 
to ten hours) between different courthouses.  Pointing to a 
five foot high pile of indictments stacked against his office 
wall, he said he has prepared cases for 16 murders, a dozen 
land invasions, five forced displacements, and two uses of 
false documents.  Most cases are against corporate officers 
of palm companies, and Cruz plans to charge about 25 of them. 
 Cruz believes there were connections between paramilitaries 
and palm companies, but said they have been difficult to 
verify. He has focused his resources on what he can prove. 

¶8.  (C)  Cruz predicts he will get convictions within 18 
months, but resources are a problem.  He only has one lawyer 
and a several local investigators helping him.  Success will 
hinge on witnesses.  Cruz expects to need between 50-75
witnesses, but worries that many may be too frightened to 
testify.  Cruz said the Prosecutor General supports his 
efforts, and has told him to expedite the cases.  Still, he 
said his office has only been able to offer protection to 
four or five witnesses, and he does not know if they will 
have the resources to protect others. 
Drucker

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