36
Government" was signed. The agreement included a number of aspects to be developed by the
152
Government to ensure the definitive return of these communities.
162.
On December 15, 1999, in a signing ceremony taking place in the Turbo Stadium, the
Colombian Institute of Agrarian Reform (INCORA) handed over the collective title to an area of 103,024
hectares with 3, 202 square meters, located in the jurisdiction of the Municipality of Riosucio, Department
153
of Chocó, to the Supreme Community Council of Cacarica Black Communities.
This Community
Council comprises 23 Cacarica communities, 710 families and a total of 3,840 individuals.
163.
In addition between January and December 2000, the State provided food to those
154
engaged in the process of return to Cacarica, at a cost of approximately $11,154,769,286.00.
7.
The Return
164.
The forced displacement of these communities lasted four years, from February 1997
until March 2001. In this respect, one of the displaced indicated:
I'm going to refer a little bit to how my family and personal life is. I have a very sad and painful
history. After the displacement I came to lose my family, I lost my wife and four children, I lost
everything [...] that is the date, four years ago, since I've seen her. I have a three-year-old son I
155
don't know. The displacement destroyed my family unity, wrecked my family, I'm finished."
165.
On January 31, 2001, the process of return and resettlement of the displaced on their
lands began. In the first phase, 270 returned, in the second 84 and then 450. In the last phase, in March
2001, approximately 150 persons returned. This process took place under State protection and with the
156
help of the international community for two settlements called: "Esperanza en Dios" and "Nueva Vida".
166.
The State lent technical and financial support for the implementation of the following
phases for the return to the area: (i) exploration, on October 13, 1999; (ii) reconnoiter, in December 1999;
(iii) first phase, on February 28, 2000; (iv) the second, on October 13, 2000; and (v) the third and last,
157
between December 2000 and March 1, 2001.
During the first phases, the conditions for the following
stages for return were prepared, and in the last phases, there was a continuation of the projects for
158
housing, production and all other activities for this community’s reestablishment.
167.
The State supported the family reintegration phase for the displaced community settled in
Bahía Cupica with their family and friends living in Turbo in September 2000, with the transport of 201
159
persons.
In 2004, ten families who were living in Jaqué - Panama, were voluntarily repatriated to
152
Aspects such as: humanitarian assistance until the families can guarantee their own subsistence, documentation,
construction of 418 dwellings, the formal handing over of the Resolution adjudicating the collective lands of their community, on
December 15, 2000, in Turbo, development of protective measures, cleaning up and channeling of the depths of the Perancho and
Peranchito. Annex 57. Agreement for return between the Cacarica Basin Displaced Communities Temporarily Settled in Turbo,
Bocas de Atrato and Bahía Cupica and the National Government. Annex to the original petition of June 1, 2004. Cf. Annex 1.
Constitutional Court, Judgment T-955/2003 of October 17, 2003, p. 7. Annex 15 to the petitioners’ allegations on the merits received
on March 10, 2008.
153
INCORA Decision No. 841, of April 26, 1999. Note of the Foreign Ministry, August 27, 2009, para. 113.
154
Annex 58. Note of the Foreign Ministry of April 24, 2001, of the proceedings in MC 70-99, received on April 25, 2001.
155
Annex 3. CAVIDA. We are part of the land of this Land: Recollections of a Civilian Resistance, Cacarica, 2002, p. 159.
Annex 1 of the petitioners’ allegations on the merits received on March 10, 2008.
156
Annex 1. Constitutional Court. Judgment T-955/2003 of October 17, 2003, pp. 7 and 8. Annex 15 to the petitioner’s
brief received on March 10, 2008.
157
Note of the Foreign Ministry, August 27, 2009, para. 104.
158
Note of the Foreign Ministry, August 27, 2009, para. 105.
159
Note of the Foreign Ministry, August 27, 2009, para. 106.