5
13.
That, in this regard, the representatives have indicated that the said project does
not include the beneficiaries of these provisional measures and that “[…] no diagnosis
has been made of the humanitarian situation of the Jiguamiandó and the Curbaradó
Communities, nor have proposals for prevention and protection plans been agreed on.”
In addition, they said that the State had not provided humanitarian aid to these
Communities and that the measures to which the State had been referring in its reports
had been provided to other inhabitants. In any event, the representatives considered it
important that the humanitarian aid should be delivered to the beneficiary communities
by the relevant institutions of the National System for Integral Attention to the Displaced
Population (“SNAIPD”) and not by military personnel, in order to respect the decision of
these Communities not to become involved in the armed conflict.
14.
That, in its observations, the Inter-American Commission considered that the
State had not provided information on the measures adopted to comply with its
obligation to provide special protection to the “humanitarian refuge zones.”
15.
That, based on the above, the Court requires the State to provide further
information on this point, in the terms of the fourth operative paragraph of the Order of
March 6, 2003 (supra first having seen paragraph).
*
*
*
16.
That, with regard to the measures to guarantee the necessary security conditions
so that the beneficiaries of these provisional measures who have been forced to displace
may return to the place they came from, the State emphasized that the return of these
people should be conducted within the framework of specific protocols and that the
Communities should await the outcome of the administrative procedures initiated by the
Colombian Rural Development Institute (INCODER) concerning demarcation, because it
was not the State’s policy to support a fait accompli. In this regard, the State indicated
that, through INCODER, it had awarded different areas of land in the jurisdiction of
Carmen de Darién and Belén de Bajirá to the Jiguamiandó and the Curbaradó Community
Councils, and that the work of ICODER was addressed, above all, at recovering land that
has been illegally occupied and recognizing authentic titles. Regarding the alleged
activities of the cultivation of oil palm and livestock farming on the lands of these
Community Councils, the State reported that it was carrying out the delimitation and
demarcation of any private land that might be located in the said areas, in addition to the
collective lands awarded to the communities of African descent organized into the
Community Councils of the valleys of the Jiguamiandó and Curbaradó Rivers. The State
attached documentation in this regard.
17.
That, in their observations, the representatives indicated that, during the course of
paramilitary operations, “third parties, in other words palm oil entrepreneurs, using
pressure by the paramilitary groups, fraud and forged documents, [were allowed] to
prove hypothetical private property rights over lands within the territory of the Curbaradó
and the Jiguamiandó” on which palm trees had been planted illegally. Moreover, the
representatives considered that the State had used the argument of the complexity of
verifying the legal ownership of the land in order not to support the return of the
members of these Communities, instead of considering the principle of security. The
representatives also indicated that the return of various communities to specific
territories did not constitute a fait accompli, but rather to a return to their places of
origin; consequently, they considered that the “[…] institutional negligence in solving the
problem of the illegal appropriation of property, the continuing increase in the cultivation
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