5) By Decision 045 of March 7, 2012, among other matters the Special Supervisory
Chamber evaluated progress in the implementation of the orders issued by Decisions
005 of 2009, May 18, 2010, and 384 of 2010 (supra considering paragraphs 49.2 to
49.4), related to the restitution process of the collective territory of the Afrodescendant communities of the Curvaradó and Jiguamiandó river basins. It concluded
that there had been a “very severe delay in complying with the orders imparted by the
Constitutional Court for the protection of the displaced and/or confined Black
communities,” and that the case of “the Black communities of the Jiguamiandó and
Curvaradó river basins” was emblematic because it “revealed the challenges that the
national Government will face to ensure the effective restitution of collective territories
and lands to the Black communities.” The Special Supervisory Chamber ordered the
Ministry of the Interior, in coordination with other authorities, such as the Ministries of
Defense, and of Agriculture and Rural Development, the Special Administrative Unit
for Attention to and Reparation of Victims, the National Protection Unit, and other local
authorities, to draw up and implement “an urgent provisional plan to prevent
displacement and to provide individual and collective protection” for communities of
the Jiguamiandó and of the Curvaradó; that it attend, “immediately and
comprehensively, to the most urgent needs in the area of individual and collective
security,” and that it offer “a response that is continuing, permanent and congruent
with the difficulties they face […].” The Ministry of the Interior was asked to report to
the Constitutional Court, by April 15, 2012, at the latest, on the way in which the
different State entities involved would meet their responsibilities. In addition, the
Constitutional Court ordered the Prosecutor General’s Office to present a detailed
report on the results of investigations into the “crime of forced displacement and
related offenses in the region covered by the Curvaradó and Jiguamiandó river
basins,” and to expedite the processing of the investigations that were delayed.
Furthermore, it ordered that the Ministry of Defense adopt, by April 1, 2012, at the
latest, “effective, pertinent and sufficient measures to ensure the individual and
collective security” of the inhabitants of the said river basins.
6) In Decision 112 of May 18, 2012, the Special Supervisory Chamber analyzed the
reports presented on the implementation of the “urgent provisional plan to prevent
displacement and provide individual and collective protection in the Jiguamiandó and
Curvaradó river basis […],” in compliance with the provisions of Decision 045/12
(supra considering paragraph 49.5). In this Decision, the Constitutional Court
concluded that “[t]he progress achieved to date as regards the design and
implementation of preventive measures and measures of individual and collective
security, as well as in coordinating efforts and overcoming shortcomings in effective
coordination among all the local and national agencies concerned, remains
insufficient.” In addition, it indicated that the “risk assessment and the decisions on
the measures of protection do not reveal the identification and incorporation of the
risks that can be anticipated in the [land] restitution process, which demonstrates the
limited sensitivity of the authorities to the circumstances that give rise to the risks and
directly affect those who participate in these processes.” The Special Supervisory
Chamber ordered the Ministry of the Interior to present reports related to the process
of land restitution to the communities of the Jiguamiandó and of the Curvaradó,
among other matters.
7) Lastly, in Decision 299 of December 18, 2012, among other matters, the Special
Supervisory Chamber made an assessment of the orders issued in the Decisions of
May 18, 2010, 045 of March 7, 2012, and 112 of May 18, 2012. The Chamber stated,
among other matters, that “the measures of security [that are adopted] must be
complementary, because although there are security problems related to the situation
21