non-governmental organizations108 have referred to the context of marginalization, vulnerability
and segregation that these communities continue to endure, despite the social assistance
measures implemented by the State. This was acknowledged by the State’s expert witness,
María Paulina Leguizamón Zarate, who referred to the “Operation Genesis report,” which
indicates that the region of the Chocóano and Antioqueño Urabá is characterized by “continued
abandonment by the State in terms of social assistance, not only as regards education, where
the coverage is among the lowest in the country, but also as regards health and, above all,
sustainable development.”109 The same report emphasized that Chocó department “has been
characterized by having a corrupt public administration, not only because of the diversion of
public funds, but also owing to the award of permits or the corruption of public officials by
logging companies, the illegal expansion of palm plantations and, in general, all kinds of mining
exploitation.”110
A.3. Public order situation and acts of violence against the Cacarica communities
88.
The Urabá region is of major geostrategic importance in the armed conflict, in particular
for the illegal armed groups, given its geographical location and its biological wealth (supra
paras. 83 and 84). This geographical location is favorable for the international trafficking of
arms, chemical products, and illegal drugs. It is also a strategic territory from a military
perspective because it serves as a hiding place and is a corridor to the southwest and the Bajo
Cauca Antioqueño, the Sinú Valley, and the Nudo de Paramillo and a corridor to the western
part of Antioquia. Consequently, “for more than three decades, the Urabá has been an epicenter
of the armed conflict, which has extended to nearby areas, especially to Chocó.”111
89.
Regarding the situation of violence in the Urabá region, it is an undisputed fact that the
illegal armed groups have sought out this region as a corridor; that the banks of its rivers are
used by the illegal armed organizations to commit crimes, and that the Darién Chocóano is used
by these groups for trafficking arms and illegal drugs.112 In addition, the State indicated, and
Report by Doudou Diène, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and all
forms of discrimination. Mission to Colombia, 23 February 2004, para. 34. See also: Committee for the Elimination of
Racial Discrimination (CERD). Examination of report submitted by the States parties under article 9 of the Convention.
Concluding observations on Colombia, 28 August 2009, para. 13; United Nations Development Programme (UNDP),
Report “Afro-Colombians and the Millennium Development Goals” 20 November 2011, and the Third report of the InterAmerican Commission on Human Rights, “Human Rights in Colombia,” Chapter XI: The Rights of Black Communities,
Bogota 1999.
108
Cf. Observatory on Racial Discrimination [Universidad de los Andes]: “El Derecho a no ser Discriminado. Primer
Enfoque sobre Discriminación Racial and Derechos sobre la Población Afrocolombiana (version resumida)”; Ediciones
Unidas; Bogota, 2008 (evidence file, folios 8269 to 8272, 8255, 8271, 8282, 8283, 8284 and 828). See also,
Secretariado Nacional de Pastoral Social, CARITAS Colombia “Situación de guerra y violencia en el Departamento del
Chocó 1996-2002; Bogota; November 2002 (evidence file, folios 8762, 8763, 8768 and 8769).
109
“Operation Genesis Report” cited in the affidavit dated January 31, 2013, prepared by María Paulina
Leguizamón Zarate, expert witness proposed by the State (evidence file, folio 15413).
110
Cf. “Operation Genesis Report” cited in the affidavit dated January 31, 2013, prepared by María Paulina
Leguizamón Zarate, expert witness proposed by the State (evidence file, folio 15413). Also, Ombudsman’s Office.
Decision of the Ombudsman No. 39 of June 2, 2005 (evidence file, folio 47465).
111
Prosecutor General’s Office, Justice and Peace Unit, Dossier on the Elmer Cárdenas Bloc, Genesis (evidence file,
folio 44475).
112
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 (evidence file, folio 230). See also: Ombudsman’s
Office, Delegate Ombudsman for risk assessment of the civilian population as a result of the armed conflict, Early
Warning System (EWS), risk assessment No. 044-05, September 13, 2005 (evidence file, folios 51152 to 51155);
Prosecutor General’s Office, Justice and Peace Unit, Dossier on the Elmer Cárdenas Bloc, Genesis (evidence file, folio
44470); “Operation Genesis Report” cited in the affidavit dated January 31, 2013, prepared by María Paulina
Leguizamón Zarate, expert witness proposed by the State (evidence file, folio 15413); Testimony of witness Germán
David Castro Díaz, proposed by the State, before the Inter-American Court of Human Rights during the hearing on
February 11, 2013.
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