5 Colombian and families of mixed race […] that inhabit in the Humanitarian Zones and in the Biodiversity Zones of Curvaradó y Jiguamiandó.” 6 This population asserts “the right to a decent life, of the return to their land, to property restitution, and to the environmental protection before the illegal business development in their territory,” and regarding which they have assumed representation, acting both in the Inter-American System as well as in internal actions. 10. That in attention to the diverse positions manifested during the private hearing carried out at the headquarters of the Court regarding the aforementioned request (supra Having Seen 6), the Court estimated, in the Order of February 5, 2008, that “the number of persons that in this moment make up the beneficiary communities is not susceptible of determination nor exact identification.” For this reason, the Court considered that it “[was] for the Inter-American Commission to clarify to the Tribunal the range of persons who qualify as beneficiaries of these provisional measures that were adopted upon its request. For this purpose, the Commission shall point out the precise criteria that [could] permit the determination and identification of the beneficiaries of these measures in a collective sense,” (supra Having Seen 7). 11. That after the Order issued by the Tribunal, members of the “Return Management Committee” of the black communities of Puerto Lleras and Pueblo Nuevo of the Jiguamiandó River basin, representing 450 families, requested them “to be taken into account in the RANGE OF QUALIFYING PERSONS that form the 515 families […] beneficiaries of the provisional measures” ordered in this matter (emphasized as in the original.) 12. That in response to the requirement carried out by the Court, after four time extensions were granted and after the non-extendable term that was established for such purpose was due, the Inter-American Commission informed the Tribunal that it had performed a visit to the zone in which the beneficiaries of the present provisional measures and the 231 families inhabit. (supra Having Seen 10). The Tribunal observes that in such brief, the Commission did not establish its position regarding the range of persons that at this moment make up the beneficiary communities. It was limited to establish in a general way four criteria that shall allow this Tribunal to determine such range, as follows: a) “the membership to the human group that forms the so-called “Minor Community Councils” of the basin of the Jiguamandó and Curvaradó rivers, recognized by the […] Colombian State locally and municipally;” b) “the permanence in the community territory located between the basin of the Jiguamandó and Curvaradó rivers after March 6, 2003, the date in which the Tribunal ordered the adoption of these provisional measures;” c) “the participation or the lack thereof, in the judiciary complaints filed with the purpose of retrieving the possession of the lands usurped by the palm business persons,” and d) “the use that the person gives to the portion of territory that has been assigned to him or her.” Furthermore, the Commission pointed out that the discussion about the range of beneficiaries “revolves around fundamental differences of criteria, as follows: a) the entitlement to the realm right over the community territory, and b) the legitimacy of the election of the Directors of the Curvaradó Community Council.” Regarding the first aspect, the Commission indicated that “the collective entitlement of the territory belonging to this human group was legalized by […] the Law 70 of 1993, [that] gives a generic legal framework for the protection of the property rights and cultural identity of the black communities of the Pacific basin, including the communities of Jiguamiandó and Curvaradó. In its Article 7, this norm establishes that, 6 Specifically, they pointed out that they have assumed the representation with the endorsement of the Community Councils of the families that inhabit in the four Humanitarian Zones, namely Nueva Esperanza, formed by 33 families and Pueblo Nuevo, formed by 60 families in the Jiguamiandó river basin, which was formed by its inhabitants from 2001 until October 2006, in what was denominated Bella Flor Remacho Humanitarian Zone, that existed from 2001 until October 2006. Also, the five Biodiversity Zones in Curvaradó are formed by 8 families.