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DE RUEHBO #0997/01 0842045
ZNY CCCCC ZZH
P 252045Z MAR 09
FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC PRIORITY 7931
INFO RUEHCV/AMEMBASSY CARACAS PRIORITY 1889
RUEHLP/AMEMBASSY LA PAZ MAR 0026
RUEHPE/AMEMBASSY LIMA PRIORITY 7208
RUEHZP/AMEMBASSY PANAMA PRIORITY 3273
RUEHQT/AMEMBASSY QUITO PRIORITY 7934
RUEHGL/AMCONSUL GUAYAQUIL PRIORITY 4859
RUEKJCS/SECDEF WASHDC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RUCNDTA/USMISSION USUN NEW YORK PRIORITY 1982

C O N F I D E N T I A L BOGOTA 000997 

SIPDIS 

E.O. 12958: DECL: 03/25/2019 
TAGS: PGOV PINR ECON SOCI EAGR CO
SUBJECT: PALM OIL FIRMS VOLUNTARILY RETURN SOME LAND TO 
DISPLACED AFRO-COLOMBIAN COMMUNITIES IN 
CURVARADO/JIGUAMIANDO 

REF: A. (A) 08 BOGOTA 618 
¶B. (B) 08 BOGOTA 4353 

¶1. Summary:  On February 16-17, three palm oil firms 
voluntarily returned 1269 hectares of land usurped by 
paramilitaries to the displaced Afro-Colombian communities of 
Curvarado and Jiguamiando in Choco department.  The hand over 
follows years of pressure by the GOC, human rights groups, 
and the USG, and is the first such return of land to the 
communities.  Still, more than 20,000 additional hectares 
remain illegally in the hands of other palm oil firms and 
cattle ranchers.  Before this land is returned, the GOC will 
need to complete a census of the displaced communities, 
finish mapping the disputed land, and identify the legal 
vehicle to remove the illegal occupiers.  The experience of 
theJiguamiando and Curvarado communities highlights the 
GOC's failure to set up an effective process to return land 
to displaced communities. End Summary. 

Voluntary Return of Land 
------------------------ 

¶2. (U) On February 16-17, three palm oil companies operating 
in the area of Curvarado and Jiguamiando, Choco Department, 
voluntarily handed over 1269 hectares of contested land to 
the Ministry of Interior (MOI) for the purpose of returning 
the lands to its legal owners.  MOI said the three firms 
were: Agropalma, Palmas S.A. and Acopalma S.A.  In a 
statement, the MOI said that 635 hectare of the 1269 hectare 
were planted with sick palm that could not be saved. Catalina 
Riveros, Special Advisor to the Minister of Agriculture 
(MOA), said MOA is looking for funds to pay local residents 
to eradicate the dead palm, so the land could be cleared to 
be occupied by the legal communities. 

The 2007 Land Decision 
---------------------- 

¶3. (U) In September 2007 a Ministry of Agriculture legally 
binding decision was made (resolutions 2159 and 2424) stating 
that land being occupied and used by palm oil companies in 
the areas of Curvarado and Jiguamiando Department of Choco, 
was done so illegally.  The resolutions provided the legal 
basis for the communities to return to the land, but the 
process to void the illegal occupiers' titles, as well as the 
legal process to remove them from the land, still needed to 
be addressed.  Since the initial ruling, the GOC's efforts to 
remove the illegal occupiers using the local courts or police 
have floundered due the lack of simple legal procedures and 
pressure by the illegal occupiers on local authorities (see 
ref A). 

International Pressure Necessary 
-------------------------------- 

¶4. (C)  The February 16-17 event is the first voluntary 
return of land in the area, and reflects the ongoing pressure 
from the GOC, human rights groups and the USG in the case. 
Riveros agreed that it is an important step, but stressed the 
need for more international pressure.  The Washington Office 
on Latin America (WOLA) also commended the event, but called 
for further pressure to return the remaining 21,000 hectares 
used by palm oil companies and illegal cattle ranchers. 
Similarly, Father Alvaro Franco of the Inter-Ecclesiastic 
Commission for Justice and Peace--a human rights group which 
has been active on this issue--praised the return, but noted 
the presence of criminal groups, including elements of Don 
Mario's group, in the region.he also voiced concern about 
criminal penetration of the local Colombian National Police 
presence. Franco said cattle ranchers, in particular, are 
using gunmen to threaten the communities, and urged the 
international community to continue to press the GOC to 
return the remaining land. 

Obstacles and Some Solutions 
---------------------------- 

¶5. (C)  Franco raised a number of obstacles delaying the 
return of the remaining 21,000 hectares of land to its legal 
owners.  (Note: Only a small portion--approximately 4,000 
hectares of the total amount of land in dispute is utilized 


by palm growers, with cattle ranchers using the rest.) 
First, he explained that neither the remaining palm oil 
companies nor the illegal cattle ranchers have any interest 
in handing over the land.  Both groups have filed legal 
appeals against the 2007 ruling, as well as criminal 
complaint against the communities (processo 2022).  He also 
asserted that the MOA is biased in favor of the palm oil 
companies, leading it to delay completion of the mapping and 
local census which are the next steps in the return process. 
Still, Franco agreed that the MOA is doing everything 
possible to expedite the hand over of the recently returned 
land to the communities. 

¶6. (C)  Presidential Human Rights Program director Carlos 
Franco told us that much of the process of collecting 
information for the census has been completed.  Riveros said 
the MOA appointed an official in March to work full-time on 
completing the actions needed to resolve the land dispute. 
Still, she conceded that the tortuous process involved in 
trying to return illegally occupied land to the Jiguamiando
andCurvarado communities highlighted the GOC's lack of 
effective tools to address this problem.  Franco agreed the 
GOC needs to set up an expedited administrative procedure to 
facilitate land restitution to victims, as well as a special 
office to assist victims with such claims, but said such 
instruments are unlikely to be created in the near future. 
The current victim's bill provides a provision to expedite 
land restitution to victims, but is pending a vote in 
congress. 
BROWNFIELD 

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