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DE RUEHBO #0126/01 0101822
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FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC 0874
INFO RUEHCV/AMEMBASSY CARACAS 9753
RUEHLP/AMEMBASSY LA PAZ JAN LIMA 5770
RUEHQT/AMEMBASSY QUITO 6475
RUEHGL/AMCONSUL GUAYAQUIL 4257
RHMFISS/CDR USSOUTHCOM MIAMI FL

UNCLAS BOGOTA 000126 

SIPDIS 

SIPDIS 

E.O. 12958: N/A 
TAGS: PHUM PGOV KJUS CO SOCI
SUBJECT: A/S FARRAR'S VISIT TO CHOCO RAISES CONCERNS ON 
AFRO-COLOMBIAN ISSUES 


-------- 
SUMMARY 
-------- 

¶1. On November 28, 2007, DRL Acting A/S Jonathan Farrar 
visitedQuibdo, Choco to discuss Afro-Colombian land and 
social issues.  Choco Governor Julio Ibarguen said weak 
infrastructure, poor nutrition, and underdevelopment foster 
violence and displacement in Choco, especially in 
Afro-Colombian communities.  UN Refugee Agency (ACNUR) 
representativeGiovani Salazar told Farrar poor 
infrastructure and corruption do not permit the return of 
internally displaced people (IDPs). Members of COCOMACIA 
(Consejo Comunitario de la Asociacion Campesina Integral del 
Atrato), a group of local Afro-Colombian activists, voiced 
concern that new land use laws may threaten communal land 
rights, and complained of increased violence due to fighting 
among the FARC, narco-traffickers and Colombian military. 
GOC officials conceded that the transfer of land titling 
authority from Colombia's rural land development agency 
(INCODER) to the Ministry of Interior and Justice (MOIJ) will 
be delayed due to organizational issues.  Farrar suggested 
working with the GOC on a package of measures to address 
these concerns.  END SUMMARY. 

--------------------------------------------- ------- 
Weak Infrastructure, Corruption Exacerbate Problems 
--------------------------------------------- ------- 

¶2.  Choco Governor Julio IbarguenMosquera told DRL A/AS 
Jonathan Farrar on November 28 that weak infrastructure, poor 
nutrition, and underdevelopment foster violence and 
displacement in Choco, especially in Afro-Colombian 
communities.  Ibarguen said the lack of basic services, 
including health care, education and running water, lead to 
competition for resources among displaced communities, 
demobilized paramilitaries, and local residents.  Many 
residents have migrated elsewhere in search of jobs. 
Ibarguen said the GOC had lost track of all but around 50 of 
the more than 1,000 ex-paramilitaries who had demobilized in 
Choco.  Local ACNUR representative Giovani Salazar told us 
later that many had been recruited into a private security 
firm and were providing protection and extorting funds from 
Quibdo merchants.  Members of COCOMACIA, a group of 
Afro-Colombian community leaders, claimed the GOC's 
encouragement of African palm production -- as an alternative 
to drug cultivation in rural areas -- diverts resources that 
should be used to provide basic services. (Note: The GOC 
supports private development of African palm as part of its 
biofuels strategy, but we are not aware that GOC funding for 
local communities is being redirected to the palm industry.) 
The leaders complained that African palm harms the land, 
breeds corruption, and leads to human rights abuses. 
COCOMACIA also complained that local communities' limited 
access to resources reflects their lack of the right 
"connections" to influence authorities. 

¶3.  ACNUR representative Giovani Salazar agreed weak 
infrastructure prevents the proper return of IDPs.  He said 
Choco's leaders need to improve local infrastructure and 
develop the political will to fight corruption.  Salazar said 
there are over 15,000 critical IDPs who will not receive 
needed attention due to lack of resources, corruption and 
mismanagement.  International Office of Migration (IOM) 
representativeSoraya Mesa told us many civil society groups 
provide assistance, but complained that local official do not 
want to take over the management and cost of the projects. 
She said IDP leaders are weak, politically inexperienced, and 
do not represent their groups' interests, focusing instead on 
personal gain or agendas.  Salazar added that public forces 
are frequently corrupt, noting that claims of extrajudicial 
killings are increasing in Istmina and San Juan. 

¶4. COCOMACIA leaders said education is a challenge, with 
schools non-existent in many communities.  Mesa highlighted 
the IOM-built schools for the reintegration of demobilized 
fighters, but said untrained soldiers fill many teaching 
slots due to a teacher shortage. Salazar said most 
demobilized have no more than a second grade education, 
making it hard for them to find jobs.  Most do not want to 
work in the rural sector and are easily lured back to the 
drug trade. 

-------------------------- 
Confusion over Laws/Rights 
-------------------------- 

¶5.  Many COCOMACIA leaders told us confusion surrounds the 
new Rural Development, Mining and Forestry Laws.  The 
communities fear these laws may undermine the communal land 
rights established by Law 70.  The communities said they need 
more information about the reforms.  COCOMACIA believes Law 
70 makes clear that any collective title must include 
development assistance.  They cautioned that the collective 
titling of land produced different challenges in different 
areas.  Development assistance should be tailored to meet the 
needs of individual communities rather than delivered in 
general, one-size-fits all programs. 

¶6.  COCOMACIA leaders added that the consultation process 
(consultaprevia), which requires the GOC to consult with 
communities before approving private mining/oil projects or 
the location of military bases on Afro-Colombians' land, is 
often biased.  Mining companies, their lawyers, and the 
Ministry of Mines and Energy manipulate the consultations to 
the companies' advantage.  They complained that under their 
interpretation of Law 70, subterranean mineral rights should 
be the property of the communities, citing the "historical 
practices" language in the bill. (Note: This interpretation 
conflicts with Colombia's Constitution and Constitutional 
Court rulings awarding ownership of minerals and other 
sub-soil rights to the national government.)  COCOMACIA plans 
to push for new legislation that will clarify the rights of 
collectively titled communities under Law 70. 

--------------------------------------------- 
"Ruled by Fear, Under the Control of the Gun" 
--------------------------------------------- 

¶7.  Leaders from COCOMACIA told us Choco is "ruled by fear" 
created by the FARC, corrupt officials, and 
narco-traffickers.  COCOMACIA said GOC protection programs 
are "useless." None of the activists had requested 
protection; most said protection of rural Afro-Colombian 
communities was a more pressing issue.  Salazar said most 
Afro-Colombian communities are situated near rivers, areas 
contested by the FARC, new criminal groups such as 
Organizacion Nuevo Generacion and Rastrojos, and the 
military.  Illegal groups label some communities as 
"sympathizers" of rival organizations, making them targets of 
military action.  Locals call Istmina a "death zone" because 
over 70 murders were reported between September and November 
¶2007.  MOIJ Vice Minister Maria Nieto acknowledged that 
MOIJ's protection program has difficulties working in Choco 
due to weak infrastructure and local corruption.  Nieto also 
said that land titles for the Afro-Colombian communities of 
Curvarado and Jiguiamando, which together total 25,000 
hectares, were ready but would not be delivered until 
February or March 2008 to allow time to improve protection 
before titles are turned over. 

¶8.  International Committee of the Red Cross (ICRC) delegate 
Barbara Hintermann told us the ICRC covers Choco from its 
Medellin office, largely due to security concerns. 
Hintermann said security on the Choco river systems had 
deteriorated in 2007. The ICRC has noted pressure on IDP 
leaders to sell to, or allow the use of collective lands by, 
illegal groups. 

------------------------------------ 
Transfer of Land Titling Authorities 
------------------------------------ 

¶9.  As of January 1, 2008, land titling authority will be 
transferred from INCODER to Accion Social and the Ministry of 
Interior and Justice (MOIJ).  Salazar said INCODER is not 
prepared to transfer its authority, partly due to the 
confusion over how the transfer will take place. Decisions on 
land claims are slow and would likely remain so after the 
transfer.   Local INCODER office director Carmelo Negrete
conceded difficulties in transferring authority, but said it 
would be done.  He that all titling disputes go to INCODER,s
central office in Bogota, so the effect on the ground would 
be little to none. 

¶10.  Nieto said the MOIJ has included Afro-Colombian issues 
as part of its internal restructuring plan.  The Ministry 
will create new offices for Afro-Colombian and indigenous 
issues in early 2008.  A/AS Farrar suggested this new office 
could participate in the consultation process to better 
defend Afro-Colombian communities' rights. (Note: The MOIJ's 
existing Afro-Colombian affairs office with a staff of six is 
already supposed to play this role.)  Nieto agreed this could 

be a possible solution but said the Ministry would need time 
to fully staff the new offices.  MOIJ is developing best 
practices for working with Accion Social on land issues, but 
the hand-over of responsibilities from INCODER will be 
delayed by up to six months as the MOIJ staffs up to meet 
these new requirements. 

--------- 
Follow-up 
--------- 

¶11.  In a subsequent meeting with the Ambassador, A/AS Farrar 
offered for DRL to work with the Embassy, AID Mission, and 
WHA on a package of measures that GOC could take to address 
Afro-Colombian concerns.  Some initiatives already are in 
preparation (e.g., creation of MOIJ Directorate for 
Afro-Colombians, delivery of Curvarado and Jiguiamando land 
titles); others would require new GOC action (e.g., issuance 
of Law 70 regulations on financing for collective land 
titles, appointment of an Afro-Colombian representative to 
the committee that evaluates risk for GOC protection 
programs). 

¶12.  A/AS Farrar has cleared on this message. 
Brownfield