also “PAF”) for the sites of Sábalos and Larga Boba. Subsequently, in 1982, the same company
applied to the National Corporation for the Development of Chocó (“CODECHOCÓ”) for a PAF for
the Balsa II Project, located in the area of Puerto Escondido. Following a long procedure,
resulting above all from the involvement of INDERENA and CODECHOCÓ, entities that shared
jurisdiction and applied different rules under the Natural Resources Code, in 1992 and 1993, the
CODECHOCÓ Board of Directors approved several of the permits that had been requested. 276
133. As regards the situation of the Cacarica communities, in 1992, the Government created
the Special Commission for the Black Communities under transitory article 55 of the
Constitution, which expressed concern about the logging in the area of the Cacarica River
because of the river was being blocked owing to the transportation of logs and the deforestation
of the last reserves of cativa trees in the country. In addition, it revealed complaints filed by
social organizations owing to the procedures by which CODECHOCÓ had granted forestry
exploitation and logging permits to the detriment of the communities, and violating transitory
article 55. The commissioners insisted in the need to suspend the concession of large-scale
forestry permits until the collective titling of the territories of the black communities had been
regulated and appropriate policies had been elaborated to protect the environment. 277
134. Then, on April 13, 1993, the Superior Court of the Judicial District of Quibdó issued an
order to protect the fundamental right to work of the employees of Maderas del Darién S.A. and
ordered CODECHOCÓ to officialize, by contracts, the forestry exploitation permits granted by
resolution 3595 of December 1992 to the said logging company. This decision was revoked in
May 1993 by the Supreme Court of Justice278 and, on October 22, 1993, the Third Review
Chamber of the Constitutional Court confirmed the Supreme Court’s ruling.279
135. Immediately after the first instance decision of the Superior Court of the Judicial District
of Quibdó, at the end of April 1993, CODECHOCÓ signed the contracts for the Balsa II and
Guamal forestry exploitation projects (corresponding to resolutions 3595 and 3596 of 1992,
supra para. 132) and the PAF for Sábalos and Larga Boba (corresponding to resolutions 655 and
656 of 1993, supra para. 132). On July 27, 1995, the Ombudsman asked the Superior Court of
the Judicial District of Chocó to annul resolutions 3595 and 3596, and order CODECHOCÓ to
adopt measures to comply with the said rulings. After examining the request, the Superior
Court ordered CODECHOCÓ to comply with the prior decisions of the Constitutional Court and of
the Supreme Court. In addition, it sanctioned the Director of CODECHOCÓ for contempt, but the
Labor Cassation Chamber of the Supreme Court of Justice annulled the sanction, considering
that it had been imposed in relation to an inexistent judicial order.
136. Even though CODECHOCÓ ordered the suspension of all logging activities in the Cacarica
River basin by resolution 1180 of September 7, 1999, on December 9 that year CODECHOCÓ
issued resolution 1486 authorizing the Balsita Community Council to log cativa trees. In
addition, some months later, on June 2, 2000, in a note addressed to the legal representative of
Madarien, CODECHOCÓ authorized the resumption of the Balsa II PAF, which had been
suspended since 1997.
276
The permits were granted by resolutions 3595 and 3596 of December 30, 1992, 655 of April 16, 1993, and 656
of May 28, 1993. However, the CODECHOCÓ Board of Directors issued the permits subject to the contract including “a
clause that will condition their validity to the final decision taken by the legislator under transitory article 55 of the
Constitution,” an article that recognized the right to collective land ownership of the black communities owing to the
years that they had occupied vacant land in the rural areas on the banks of the Pacific Basin.
277
Cf. Colombian Constitutional Court. Judgment T-955 of October 17, 2003 (evidence file, folios 157 and 158).
278
Cf. Colombian Constitutional Court. Judgment T-955 of October 17, 2003 (evidence file, folios 153 and 154).
279
Specifically, the Colombian Constitutional Court emphasized the importance of protecting the environment, and
the natural resources and strategic ecosystems. Cf. Judgment T-469/1993 of the Colombian Constitutional Court, cited
in the judgment of the Constitutional Court. Judgment T-955 of October 17, 2003 (evidence file, folio 155), and
Ombudsman’s Office, undated Amicus curie presented by the Ombudsman’s Office to the Constitutional Court in 2002
(evidence file, folio 46529).
55
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