IX.3.
DISPOSSESSION AND EXPLOITATION OF THE TERRITORIES OF THE AFRODESCENDANT COMMUNITIES OF THE CACARICA
(Artículo 21 of the Convention)
A. Arguments of the Commission and of the parties
339. The Commission indicated that the communities displaced from the Cacarica river basin
who had been victims of the ransacking and destruction of their villages and who were displaced
were prevented “from enjoying their property, lands, and the resources of traditional use found
there.” The Commission also argued that the Afro-descendant communities of the Cacarica
“maintain a close bond with their land, as part of their ancestral tradition, and therefore both
their traditional lands as well as their natural resources must be safeguarded by Article 21 of
the American Convention, in its collective dimension.” The Commission also considered that the
right to property of the communities of the Cacarica river basin had been “affected due to the
neglect and deterioration of their lands and both their moveable and immoveable, community
and individual property,” and that the displacement impaired their ability to work, which
resulted in loss of earnings. It also indicated that the right to property of the Afro-descendant
communities was affected “during the time of the displacement because they had no access to
the right to the use and enjoyment of the natural resources on their traditional lands - such as
wood - among other resources traditionally used by members of the communities.”
340. The representatives added that the Afro-descendant communities of the Cacarica have
“an almost umbilical relationship with the land, a vital relationship that can be perceived by the
words they use, according to which the land is their mother and also their father, because they
receive all its benefits,” and that, owing to Operation Genesis, “the victims in this case were
arbitrarily deprived of the use and enjoyment of their property, in both its individual and
communal dimension.” They also stated that the “displacement was accompanied by the
ransacking and destruction of both individual and collective property.”587 Furthermore, they
indicated that the violent incursion, the occupation and destruction of the spaces of their
community and family life, of the places they lived in and planted, had profound effects on their
way of life and survival, on their culture and ancestral identity, and as a result it “violated […]
the sphere of protection of Article 21” of the Convention.
341. Furthermore, they noted that “the territory from which they were displaced was
exploited illegally by logging companies, while the territory was controlled by paramilitary
groups that prevented the return of its ancestral inhabitants.” They indicated, in particular, that
“these companies exploited the timber resources of the Cacarica area irrationally, by
mechanical means, and this has had an extremely harmful effect on the land, the forestry
resources, and the living conditions of the ethnic minorities who inhabit the areas that were
logged […]”; moreover, they accused the company MADARIEN of being the “direct beneficiary of
different areas of the Colombian economy.” They added that “the illegal operations of the
companies have caused severe environmental damage to the collective territory of which the
victims in this case are the ancestral owners.”
342. Based on the above, the representatives considered that the State’s “responsibility had
been constituted because it deliberately allowed the illegal exploitation of resources by private
companies, which were supported by paramilitary groups, and had not taken effective measures
to repair the environmental damage that this situation had caused and to guarantee that the
said activities did not continue,” and “nor had it taken effective steps to stop companies from
587
Among this property, they indicated “the school, the health center, the women’s store, the meeting place, a
football field, a power plant, an engine, working animals, and a collective vehicle […].”
112
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