to the Peace Communities and the process of the return to Cacarica were murdered, and 19
persons were disappeared.269 Despite the new acts of violence, in October 2002, 939 persons
decided to continue the return process.270 On September 7, 2001, the Cundimarca
Administrative Court issued an order to protect the fundamental rights of the communities of
the Cacarica River to health and also life, tranquility, and the right to obtain a response to their
petitions from the authorities.271 The representatives also indicated that paramilitary groups
made two incursions into the settlements of the communities in 2001: the first on June 9 and
the second on June 10.272
H. Dispossession and illegal logging on the collective territory
130. As already noted, the area of the Cacarica River basin is located in a region recognized to
have abundant natural resources. The forest wealth of the area is also important for the survival
of the communities who inhabit the Cacarica River basin, whose livelihood is based on
agriculture, artisanal fishing, hunting, and also logging (supra para. 87).
131. In 1967, Colombia’s Congress approved Law 31,273 recognizing to the “black
communities” the right to collective ownership of the territories they occupied ancestrally and,
consequently, the right to use and exploit its lands and woods, the latter by law or by prior
authorization of the environmental authority, in accordance with the Natural Resources Code.274
Law 70 was promulgated on August 31, 1993, recognizing “to the black communities that have
been occupying vacant land in the rural areas on the banks of the rivers of the Pacific Basin, in
keeping with their traditional production methods, the right to collective ownership, as
established in the following articles.”275
132. Regarding the logging in the Cacarica River basin, in August 1981, Maderas del Darién
S.A. (hereinafter “MADARIÉN”) asked the National Renewable Natural Resources and
Environmental Institute (hereinafter “INDERENA”) to grant it two logging permits (hereinafter
(evidence file, folio 14960). See also, Ombudsman’s Office. Press communiqué No. 773 of October 8, 2002 (evidence
file, folio 51399).
269
Cf. Ombudsman’s Office. Decision No. 025 of the Ombudsman on the massive human rights violations and
forced displacement in the Bajo Atrato region of Chocó, October 2002, para. 2 (evidence file, folio 235). On June 8,
2001, the Inter-American Commission asked the State to provide heightened measures of protection for the inhabitants
of “Esperanza en Dios” and “Nueva Vida” because a group of paramilitaries had entered the “Esperanza en Dios”
settlement and had retained 20 of its members. Cf. Note of the Inter-American Commission on Human Rights to the
Minister for Foreign Affairs of June 8, 2001, on the processsing of MC 70-99 (evidence file, folio 1668).
270
Cf. Ombudsman’s Office. Decision No. 025 of the Ombudsman on the massive human rights violations and
forced displacement in the Bajo Atrato region of Chocó, October 2002, paras. 26 to 48 (evidence file, folios 237 and
238). See also: Prosecutor General’s Office, Justice and Peace Unit, Dossier on the Elmer Cárdenas Bloc, structures
described by Fredy Rendón, concerning ‘Description Operation Torment in the Atrato, April 17, 2002, II (Bojayá)
(evidence file, folios 44477).
271
Cf. Cundimarca Administrative Court, First section, File A.T 00-1378 of September 7, 2001 (evidence file, folio
46890); Colombian Constitutional Court. Judgment T-955 of October 17, 2003, p. 24 (evidence file, folio 156).
272
Cf. Ombudsman’s Office. Decision No. 025 of the Ombudsman on the massive human rights violations and
forced displacement in the Bajo Atrato region of Chocó, October 2002, paras. 45 and 46 (evidence file, folio 238).
273
Cf. Law 31 of July 19, 1967, approving ILO Convention 107 concerning the protection and integration of
indigenous and tribal peoples in independent countries, adopted by the fourtieth session of the General Conference of
the International Labour Organization.
274
Law 31 of 1967, permitted an increase in the State’s policies recognizing the communities’ territorial rights and
provided the legal grounds for the request by the black peasants of the Atrato, as of 1986, for communal title to the
land, and for their opposition to the logging activities on their territories. Cf. Colombian Constitutional Court. Judgment
T-955 of October 17, 2003 (evidence file, folio 143).
275
Law 70 of 1993, Official gazette No. 41,013 of August 31, 1993, article 1 (evidence file, folio 695). Law 70 of
1993 was complemented by transitory article 55 of the Colombian Constitution that, among other matters, recognized
to the black communities that had been occupying vacant land in the rural areas on the banks of the rivers of the Pacific
Basin in keeping with their traditional production methods, the right to collective ownership, pursuant to its provisions.
54
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