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provides a generic regulatory framework to protect the right to property and
the cultural identity of the communities of African descent of the Pacific
watershed, including the communities of the Jiguamiandó and the Curbaradó,
and establishes that, once awarded to a community, the lands for collective
use are "inalienable, imprescriptible and may not be embargoed”, and that
“the State shall punish and prevent any act of intimidation, segregation,
discrimination or racism against the black communities […] and shall ensure
that the principles of equality and respect for ethnic and cultural diversity are
enforced”;
c)
For several years, the members of the Communities have been the
victims of acts of harassment and violence designed to cause forced
displacement from their territory;
d)
In February 1997, as part of a military operation against the
Colombian Armed Revolutionary Forces (FARC), the Army’s Seventeenth
Brigade and armed civilians belonging to the United Self Defense Forces of
Colombia (AUC), caused the displacement of inhabitants of the Bajo Atrato
region to the jungle, where they hid for a year and a half;
e)
Since 2001, the company URAPALMA S.A. has initiated cultivation of
the oil palm on approximately 1,500 hectares of the collective land of these
communities, with the help of “the perimetric and concentric armed protection
of the Army’s Seventeenth Brigade and armed civilians in their factories and
seed banks.” The goal of the armed raids and operations in this territory has
been to intimidate the members of the Communities, so that they either join
in the production of oil palm or evacuate the territory. The company’s
preparation of the land in order to expand the crop continues to advance
toward the community of Nueva Esperanza, near the place chosen by the
members of the Communities to set up their “humanitarian refuge zones.”
Moreover, under these circumstances, the cultivation of African palm and the
exploitation of the natural resources on the Communities’ territory endanger
the lives and survival of these families;
f)
Between January and October 2001, there were more armed raids that
resulted in 13 deaths, the looting of provisions held to provide humanitarian
assistance, and the displacement of nine communities that inhabited the
basin of the Curbaradó River. In consequence, the original villages were
abandoned and the Communities reassembled in five sites near the collective
territory of the Jiguamiandó. During a visit in loco in December 2001, the
Commission received statements from several members of these
Communities;
g)
In 2002, armed paramilitary activities increased. On September 22,
2002, military units from the Army’s Seventeenth Brigade entered the center
of the municipality (corregimiento) of Pavarandó. Members of paramilitary
groups who, on September 12, 2001, had stoned and stabbed two persons in
Puerto Lleras, and cut the throat of another person, as well as assassinating a
disabled peasant and a pregnant woman in Pueblo Nuevo, were recognized
among them. On the way to Jiguamiandó, these soldiers detained a group of
members of the Communities who were going to Mutatá to buy food and
threatened to kill them if they returned to their community. Two of those
persons have disappeared;
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