Dignidad” (hereinafter “CAVIDA”) [Self-determination, Life and Dignity Community].245 After
remaining for almost three years in the Turbo sports arena and in the El Cacique hacienda Bahía Cupica (Chocó), they began the process of returning to their territory, following
agreements between the national Government and the community, and monitored by a Joint
Verification Commission. Another group of the displaced population chose to settle definitively in
the municipality to which they had been displaced. 246 Owing to the situation of insecurity and
scarcities, they asked the Government to provide adequate safety and socio-economic
conditions for their return.247
124. Agreements were therefore signed with the Colombian Government. 248 Some of the
agreements made by the Government, the communities and the Joint Verification Commission
included the construction of housing, a production project, the “unclogging” of the navigable
waterways and the permanent presence of the Ombudsman’s Office as part of the
comprehensive protection scheme.249 In addition, on December 13, 1999, the “Return
Agreement between the Communities displaced from the Cacarica river basin provisionally
settled in Turbo, Bocas de Atrato and Bahía, and the national Government” was signed, which
included the components that the Government had to carry out for the definitive return of the
communities.250
245
Cf. Ombudsman’s Office. Press communiqué No. 869, of August 21, 2003 (evidence file, folio 51403). The
objectives of these communities: not to participate either directly or indirectly in the armed conflict; not to bear arms;
not the provide help of any type to those taking part in the conflict; to draw up their own regulations and abide by
them; to bear the distinctive signs of the community responsibly; to commit to a political and negotiated settlement of
the armed conflict; to enhance community work, and to defend their national identity and their territory. In order to put
these objectives into practice, the communities requested the participants in the conflict: (a) to respect the areas where
they live and work; (b) to respect their freedom of movement; (c) to remove the restriction on foodstuffs; (ch) to avoid
political campaigning within the community and, consequently, not to recruit or pressure its members; (d) to respect
their choice and their non-violent action; (e) to respect their civil rights and international humanitarian law; (f) to
respect their principles and autonomy; (g) to abstain from taking reprisals against the community for those who join
armed groups and, also, to denounce the facts to the Verification Commission. 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, point C, Nos. 23 to 26. Constitutional Court. T-955 of October 17, 2003 (evidence file, folios 137 and
138). See also, Somos Tierra de Esta Tierra. Memorias de una Resistencia Civil. CAVIDA (evidence file, folio 301 and
ff.).
246
Cf. Ombudsman’s Office. Press communiqué No. 869, of August 21, 2003 (evidence file, folio 51403);
Constitutional Court. Judgment T-955 of October 17, 2003 (evidence file, folio 139 and 140). See also: The
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. 27 (evidence file, folio 233).
247
Cf. Constitutional Court. Judgment T-955 of October 17, 2003 (evidence file, folio 135). See also:
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. 27 (evidence file, folio 233): “The conditions
consisted in the construction of two new settlements (Esperanza en Dios and Nueva Vida), the award of collective title
to the lands, the State’s protection without weapons, community development and non-pecuniary reparation.” See also:
Affidavits of January 21, 2013 of John Jairo Mena Palacio (evidence file, folios 14985 and 14986); Henry Anguro
Martínez (evidence file, folio 15075) and Marcos Fidel Velásquez (evidence file, folios 14957 to 14959).
248
Cf. Constitutional Court. Judgment T-955 of October 17, 2003 (evidence file, folio 139); for example, the
“Return Agreement between the Communities displaced from the Cacarica river basin provisionally settled in Turbo,
Bocas de Atrato and Bahía, and the national Government” was signed on December 13, 1999. Similarly, letter of
January 7, 1999, from the Ministry of Foreign Affairs to the Commission (evidence file, folio 3913).
249
Cf. Ombudsman’s Office. Press communiqué No. 869 of August 21, 2003 (evidence file, folio 51403). According
to the Ombudsman’s Office, “[m]ost of these project have been executed with resources from the National Budget,
supervised by the Social Solidarity Network, the Ministry of Transportation, and the Banco Agrario, among others”; See
also, Somos Tierra de Esta Tierra. Memorias de una Resistencia Civil. CAVIDA (evidence file, folio 301 and ff.).
250
These components were: humanitarian assistance until the families could ensure their subsistence,
documentation, construction of 418 houses, formal handing over of the decision awarding collective title to the territory
to the community in Turbo on December 15, 2000, implementation of measures of protection, and dragging and
chaneling of the navigable waterways of Perancho and Peranchito. Cf. Return Agreement between the Communities
displaced from the Cacarica river basin provisionally settled in Turbo, Bocas de Atrato and Bahía, and the national
Government (evidence file, folios 1632 to 1658); Colombian Constitutional Court, Judgment T-955 of October 17, 2003
(evidence file, folio 139).
51
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