6 once they have been adjudicated as a community, the collective-use lands shall be considered as “inalienable, non-extinguishable, and non-attachable.” Regarding the election of the Directors of the Curvaradó Community Council, the Commission stated that the representatives of the 231 families settled in the urban area of Carmen del Darién, appealed it before the local authorities, and afterwards, the Direction of Ethics of the Ministry of the Interior decided such appeal through an administrative resolution. 13. That the representatives of the 231 families referred to the each one of the four criteria suggested by the Commission (supra Having Seen 12), as follows: a) regarding the first criterion, they indicated that the “32 families belong to the MINOR COUNCILS OF PUERTO LLERAS AND PUEBLO NUEVO, which are part of the MAJOR COUNCIL OF THE CURBARADO BASIN.” Furthermore, they emphasized their condition of “BLACK DESCENT” and their ancestry in such territories; b) regarding the second criterion, they observed that the permanence in such territory has been “a privilege of some”, given that after the “HUMANITARIAN CRISIS generated by the displacement, the land possession has been a major problem that has impeded the free development of the BLACK COMMUNITIES [, whom] for approximately 6 years [live] in the banks of Atrato River, in the urban area of the Municipality of Carmen del Darién where they are located the basin of the Curbaradó and Jiguamiandó, therefore[,] in the zone of influence of the structural problem […], in the place where the Curbaradó river flows into, meaning, a strategic spot of mobility[.] Ther[e] is where the largest amount of Afro-descendents that own [the] collective territory live, not because they so w[ant], but because [they] are subject to, obligated to, and frightened, in this sector of influence of the armed conflict;” c) regarding the third criterion, they indicated that the families that they represent have also filed judicial procedures, despite their “scarce economical and human resources […], proof of which is the criminal investigation generated by the accusation of over 60 persons, filed before the HUMAN RIGHTS NATIONAL UNIT under file No. 2022 against members of the 57 Front of the [Revolutionary Colombian Armed Forces] FARC, or several actions, petitions, and briefs that they have constantly filed before different entities of the [C]olombian [S]tate and international organizations, in order for them not to be excluded from the procedures,” and d) regarding the fourth criterion, they held that they had plots of land within the collective territories before the displacement. Hence, for them, it “is imperative to recover their plots and produce on them[, since] they h[ave] not been able to return to [their] plots and exercise the governability over their collective territories, due to the fear of the FARC.” They pointed out that it was concerning “the situation of the 231 families without any kind of labor options, while their plots were almost abandoned.” Furthermore, they considered that “it is not possible that, under a defined scenario by a ring of HUMANITARIAN and BIODIVERSITY ZONES, the HH.RR. [human rights] of the BLACK COMMUNITTIES OF CURBARADÓ Y JIGUAMIANDÓ are being restricted from obtaining the benefit from the territories given and adapted with sufficient infrastructure to generate crops.” 14. That the Inter-Ecclesiastical Commission of Justice and Peace, in its observations (supra Having Seen 11) did not refer specifically to each one of the criteria that were pointed out by the Inter-American Commission. However, it manifested that it shared the observations made. Furthermore, it stated that “[t]he lack of definition of the beneficiaries of the measures has become an additional factor of vulnerability.” Likewise, it pointed out that “[t]he visit […] of the Inter-American Commission to the Humanitarian Zone and the Biodiversity Zone of ‘Nueva Esperanza’ for the elaboration of its report, allowed the

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