9 whose requirements shall be established by the State. 8 In this manner, the referred organizational forms are formed as an expression of the autonomy of the communities settled in such zones, so the distinction between Community Councils, as well as Major or Minor Councils, and consequently, the membership of a plurality of persons to the communities formed by them, is an objective criteria for the determination of the range of beneficiaries of the present provisional measures; therefore, the Court shall analyze it at once. This does not occur with the rest of the criteria submitted by the Inter-American Commission (supra Considering 12), that, as it has been expressed by the State, do not provide adequate objective elements that allow us to differentiate the beneficiaries of the present measures in a collective sense, specifically, in the context of the general conditions of the armed conflict in the Colombian State. 19. That according to the information submitted by the Inter-American Commission, the Inter-Ecclesiastical Commission of Justice and Peace, the representatives of the 231 families and the State, there is a substantial number of “Minor Community Councils” on the basin of the Jiguamiandó and Curbaradó rivers. In the present matter, there are two groups differentiated regarding their membership to different “Minor Community Councils.” The first group is formed by the 161 families organized in the “Humanitarian and Biodiversity Zones” that form the “Minor Community Councils” of the Community Councils of Jiguamiandó and Curbaradó, which are beneficiaries of the present provisional measures ordered since March 6, 2003. The second group is formed by 231 families that have joined the request before this Tribunal, of which “32 families belong to the Minor Councils Of Puerto Lleras and Pueblo Nuevo, that are part of the Major Council of the basin of the Jiguamiandó River” and “199 families that form, in its majority, the Minor Council of Bocas Curbaradó, that belongs to the Major Council of the basin of Curbaradó,” (supra Considering 9, 13 and 14). There is a majority group formed by 450 families that did not state their membership to any community council of the zone and they only stated “to be part of the black communities of Puerto Lleras and Pueblo Nuevo” that lived in a condition of displacement (supra Considering 11). 20. That despite that, the Commission did not inform to the Tribunal which of these groups or “Minor Community Councils” was the beneficiary of the present provisional measures. From the request for the adoption of provisional measures submitted by the Inter-American Commission in 2003, it cannot be inferred regarding from which of the different “Minor Community Councils” was the protection requested. On the contrary, the request refers in a generic manner to those persons that form the “Minor Community Councils”, namely: The Community Council of Jiguamiandó and the families of Curbaradó, that normally inhabit the margins of those rivers, are formed by a total of 2125 Afro-descendent (515 families), whose collectively titled territory amounts to 54.973 and 25.000 hectares, respectively, in the municipality of Carmen del Darién, Department of Chocó […] The 2125 members of the Afrodescendent communities in whose favor the adoption this measures is requested are a perfectlyidentifiable group that forms the so-called “Minor Community Councils” recognized by the […] State in the procedure of precautionary measures before the Commission as well as at the local and municipal level, and whose existence is recorded in official records. The State not only has acknowledged the collective property that this community exercises over its land, but also their self-governing mechanisms. 21. That, in the way that they have been stated, the membership criterion submitted by the Commission remains insufficient for the determination of the range of persons that in 8 In what is relevant, Article 5 of the Law 70 of 1993 establishes that “[t]o receive as collective property the land subject to adjudication, each community shall form a Community Council as a form of internal administration, whose requirements shall be determined by the Rules issued by the National Government.”

Select target paragraph3