39
permissions while the collective ownership title of Afro-descendant territory and the adoption of policies to
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protect the environment were still pending.
175.
On April 13, 1993, the Superior Court of the Quibdó Judicial District protected the
fundamental right to work of the operators of Maderas del Darién S.A. and ordered CODECHOCO to
complete as contractually agreed the timber concessions granted in Decisions 3595 and 3596 of
December 1992 in the name of the said timber company and one other; a decision that was reversed in
May 1993 by the Supreme Court of Justice. The Constitutional Court upheld the Supreme Court's
decision in Judgment T-469 of 1993. In July and August 1994, the Ombudsman requested the Chocó
Judicial District Court to annul resolutions 3595 and 3596 and that CODECHOCO should adopt measures
to fulfill the said judgments. The Court condemned the Director of CODECHOCO for contempt of court,
but the Labor Cassation Chamber of the Supreme Court of Justice annulled the condemnation
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considering that it was imposed by a non-existent judicial order.
176.
On August 27, 1993, Law 70 implemented transitory Article 55 of the Constitution
acknowledging the right of the black communities to participate in: (i) the decisions affecting them and (ii)
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participative proceedings, as seen by the rest of Colombian nationals, on an equal footing.
177.
On September 23, 1997, due to the communities' displacement from Cacarica, Maderas
del Darién S.A. requested from CODECHOCO the suspension of forest exploitation activities for as long
as would be necessary based on public order problems preventing furtherance of their work in the area.
CODECHOCO complied via resolution 1479 of 1997.
178.
On April 26, 1999, INCORA granted collective title to the lands in the jurisdiction of the
Riosucio Municipality in Chocó Department to the black communities of the Community Council of the
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Cacarica river basin, as "lands of black communities".
179.
On May 10, 2000, Maderas del Darién S.A. informed CODECHOCO of the decision to
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begin activities with the participation of the communities settled in the area.
180.
In June 2000, the Ombudsman's Office of the Department of Justice of the River
Cacarica Basin, the Director of the Nature Reserve of los Kativos and the Human Rights Advisors of the
Procurator General, denounced the logging in the territory of the communities that were in the process of
returning, within the process of follow-up and control of the agreements signed between the National
Government and the communities returning to the region. They denounced the high-tech lumbering of
cativo wood directly affecting the means of survival of the communities in the process of returning and
their natural resources, the blocking of the pipes, the injecting of the wood with substances that poisoned
the water and contaminated the fish, and the transformation of the cativo woods into grazing land and
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their consequent extinction.
172
Annex 1. Constitutional Court. Judgment T-995/2003 of October 17, 2003, p. 26. Annex 15 to the petitioners’
allegations on the merits received on March 10, 2008.
173
Annex 1. Constitutional Court. Judgment T-995/2003 of October 17, 2003, p. 23. Annex 15 to the petitioners’
allegations on the merits received on March 10, 2008.
174
Annex 1. Constitutional Court. Judgment T-995/2003 of October 17, 2003, p. 15. Annex 15 to the petitioners’
allegations on the merits received on March 10, 2008.
175
Annex 1. Constitutional Court. Judgment T-955/2003 of October 17, 2003, p. 5. Annex 15 to the petitioners’ allegations
on the merits received on March 10, 2008.
176
Annex 1. Constitutional Court. Judgment T-995/2003 of October 17, 2003, p. 32. Annex 15 to the petitioners’
allegations on the merits received on March 10, 2008.
177
Annex 1. Constitutional Court. Judgment T-995/2003 of October 17, 2003, p. 46. Annex 15 to the petitioners’
allegations on the merits received on March 10, 2008.