40 181. On April 23 and 26, and October 24, 2001, the Community Council of the Cacarica Basin denounced the logging on its collective territory by Empresas del Darién S.A. in a public communication 178 and before State entities. They demanded vindication of their fundamental rights to ethnic, social, socio-economic and cultural integrity, to subsistence, and not to be subjected to forced displacement, to participation in, and the right to, due process that they submitted were being violated by the Ministry of the Environment, Living and Territorial Development, CODECHOCO and Madereras del Darién, because the former tolerate and allow, and the private entity advances, the illegal logging on their collective 179 territories. 182. On September 7, 2001, the Administrative Court of Cundinamarca issued a tutela decision protecting the fundamental rights of the River Cacarica Communities to health in conjunction with the right to life, to tranquility and, inter alia, ordered that the Autonomous Corporation of Chocó 180 comply with the logging suspension order in that area. This decision was upheld on November 16, 2001, by the Conseil d'Etat, which pointed out that the presence of Military Forces in the area should respond to a plan "allowing fulfillment of the purpose of lending security to the area and preserving the life 181 and stability of the community faced with violence instigated by illegal armed groups." 183. On October 17, 2003, when reviewing the tutela decision adopted by the Contentious Administrative Court of Chocó, the Constitutional Court of Colombia vindicated the fundamental rights to diversity and ethnic and cultural integrity, to collective ownership, to participation and to subsistence of the Afro-Colombian communities of the Cacarica river basin threatened by indiscriminate logging in the plaintiffs' collective territory. It ordered, inter alia, the suspension of the logging until a consultation 182 process had taken place and the logging on their collective territory had been duly regulated. In the abovementioned judgment the Court pointed out that: The 23 communities participating in the Superior Council of the river Cacarica basin, created in accordance with the provisions of Article 5 of Law 70 of 1993, undergo serious difficulties both from within and without, which obstruct their community processes and affect the consolidation of their cultural identity, and relate to disagreements on the administration of the collective territory fundamental characteristics which the commercial exploitation of logs on their land must fulfill, and in the consequences generated by the displacement and the harassment of all kinds to which they 183 were and continue to be the victims. 184. In its 2006 Report, the United Nations High Commissioner for Human Rights repeated that "the territories inhabited by Afro-Colombian communities have been seriously affected due to the fact that they are particularly rich in natural resources and due to their strategic location for illegal armed groups. Various communities in Chocó have been seriously affected by private exploitation of their 184 collective lands." 178 Annex 1. Constitutional Court, Judgment T-955/2003 of October 17, 2003, p. 9. Annex 15 to the petitioners’ allegations on the merits received on March 10, 2008. 179 Annex 1. Constitutional Court, Judgment T-955/2003 of October 17, 2003, p. 51. Annex 15 to the petitioners’ allegations on the merits received on March 10, 2008. 180 Constitutional Court, Judgment T-955/2003 of October 17, 2003, p. 9. Annex 15 to the petitioners’ allegations on the merits received on March 10, 2008. 181 Annex 1. Constitutional Court. Judgment T-995/2003 of October 17, 2003, p. 24. Annex 15 to the petitioners’ allegations on the merits received on March 10, 2008. 182 Annex 1. Constitutional Court, Judgment T-955/2003 of October 17, 2003, pp. 92 and 93. Annex 15 to the petitioners’ allegations on the merits received on March 10, 2008 183 Annex 1. Constitutional Court, Judgment T-955/2003 of October 17, 2003, p. 65. Annex 15 to the petitioners’ allegations on the merits received on March 10, 2008. 184 Annex 61. Annual Report on the Human Rights Situation in Colombia, Office in Colombia of the UNHCHR E/CN.4/2006/9, January 20, 2006, Note 12, Annex IV, para. 14. See. http://www.hchr.org.co/documentoseinformes/informes/altocomisionado/Informe2005_esp.pdf. Cf. Annex 62. Constitutional Court. Order 005-2009. Protection of fundamental rights of the Afro-descendant population victims of forced displacement, in the Continues…

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