VZCZCXYZ0000
RR RUEHWEB

DE RUEHBO #0239/01 0172054
ZNR UUUUU ZZH
R 172054Z JAN 08
FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC 1012
INFO RUEHCV/AMEMBASSY CARACAS 9787
RUEHPE/AMEMBASSY LIMA 5789
RUEHZP/AMEMBASSY PANAMA 1091
RUEHQT/AMEMBASSY QUITO 6498

UNCLAS BOGOTA 000239 

SIPDIS 

SIPDIS 

E.O. 12958: N/A 
TAGS: PTER PGOV SOCI ECON POL CO
SUBJECT: GOC READY TO RETURN AFRO-COLOMBIAN LANDS IN CHOCO 

REF: 07 BOGOTA 3855 


¶1.  SUMMARY:  The GOC has resolved the legal issues 
surrounding the return of the Afro-Colombian communal 
territories of Curvarado and Jiguamiando to their rightful 
inhabitants.  The GOC determined that the communities, 
displaced by paramilitaries in the mid-1990s, own 29,300 
hectares of land occupied by African palm plantations. 
Still, security concerns have prevented most community 
members from returning to their land, and basic 
infrastructure will require work.  The Ministry of the 
Interior and Justice (MinInt) expects to resolve the security 
issues within the next two months, clearing the way for the 
communities' return.  END SUMMARY 

Background 
---------- 

¶2.  Conflict between paramilitary and FARC forces displaced 
about 8,000 members of the Afro-Colombian communities of 
Curvarado and Jiguamiando in the department of Choco in the 
mid-late 1990s.  The GOC had previously recognized the 
communities' right to their land pursuant to Article 55 of 
the Constitution of 1991 and Law 70 of 1993.  The GOC's land 
titling agency, INCODER, delineated the boundaries of 110,000 
hectares of "communal territories" for Curvarado and 
Jiguamiando between 2000 and 2001.  However, when community 
members tried to return to their lands in 2001-2002, they 
found 35,000 hectares, or roughly a third of the land, 
occupied by African palm plantations. 

Untangling the Mess 
------------------- 

¶3.  In 2006 the GOC began the process of untangling ownership 
of the disputed 35,000 hectares.  Lorena Garnica, a special 
advisor to the Minister of Agriculture and Rural Development 
(MinAg), said "buck passing" of responsibility between GOC 
agencies remained a problem until the MinAg agreed to 
coordinate the legal resolution of the cases.   The MinAg
decided the most effective process would be to pursue 
administrative solutions through INCODER and the 
Superintendent of Notarization and Registration (as opposed 
to filing court cases which could take many years). 

¶4.  In July 2007 the Consejo de Estado (Colombia's highest 
administrative court entity) issued an advisory opinion 
invalidating the plantation companies' claims to 5,100 
disputed hectares because they were not registered on time. 
In September the Superintendent of Notarization and 
Registration revoked companies' claims to another 24,200 
hectares (6,500 hectares of claims based on false documents 
and 17,700 based on false claims that river movement had 
created new land).  In August and September INCODER also 
determined that the companies had legitimate claims to 6,400 
hectares. 

Legally Resolved, But Further Civil and Criminal Action Likely 
--------------------------------------------- ----------------- 

¶5.  Catalina Riveros of the MinAg's Office of Rural 
Development has coordinated the legal resolution of the 
cases.  Riveros said the MinAg's role ended in September with 
the decisions regarding ownership.  If plantations challenge 
the decisions by the Consejo de Estado and Superintendent of 
Notarization and Registration, which Riveros thinks likely, 
theDefensoria del Pueblo (National Ombudsman) will defend 
the decisions.  However, Riveros said such law suits should 
not legally prevent Afro-Colombians from taking possession of 
their lands.  Additionally, because the plantations' actions 
were determined to be in "bad faith," the communities own any 
African palm trees on their land.

¶6.  MinInt Vice-Minister Maria Isabel Nieto, who has 
responsibility for coordinating security issues for the 
communities' return, noted that legally the communities still 
need to request local authorities to inspect the lands and 
formally hand the title over to them.  She described this as 
a simple administrative requirement that she anticipates will 
be accomplished imminently.  Nieto said that once the 
communities ask local authorities for the inspection-title 
handover, MinInt will help coordinate the delivery. 

¶7.  In addition, Prosecutor Hector Cruz said in the next six 
month he plans to file criminal cases against 20 plantation 
officers on charges of using false documents and forcing 
people off their land (in addition, he expects to bring 
charges against non-company individuals for eight murders 
related to the land takings).  Nieto noted that the 
government has reached out to other palm companies in the 
hope that arrangements could be reached to allow the 
communities to take advantage of the valuable palm trees on 
their property. 

Security Issues Remain 
---------------------- 

¶8.  GOC officials and local residents told us security 
remains a serious concern.  Nieto said the police and 
military currently provide protection to specific at-risk 
community members, but agreed that the communities need an 
overall security plan.  She is working with local 
authorities, the communities, police and the military to 
develop such a plan, and expects to finish it by March. 
Nieto is also coordinating the return with Sister Cecilia 
Naranjo, the director of the human rights group "Justice and 
Peace" which represents the communities.  Naranjo told us she 
is confident that residents will be able to return once the 
security plan is in place. 

Living Conditions Will Need Work 
-------------------------------- 

¶9.  Nieto and Naranjo agreed that even after security has 
been established, living conditions will be difficult.  Most 
homes have been destroyed or fallen into disrepair.  Public 
facilities for health, education and other social services 
are non-existent outside of two "humanitarian zones" where 
about 500 people live.  Nieto has begun working with Accion
Social (the President's social program office) on improving 
living conditions.  Diego Molano, Accion Social's Deputy 
Director, told us the GOC's Centro de Coordinacion de Accion
Integral (CCAI) would soon start working in Curvarado and 
Jiguamiando.  CCAI coordinates about eighty million dollars 
of GOC spending to develop social services in areas where 
security exists but state control remains shaky. 

Brownfield 

=======================CABLE ENDS============================