6
once they have been adjudicated as a community, the collective-use lands shall be
considered as “inalienable, non-extinguishable, and non-attachable.” Regarding the election
of the Directors of the Curvaradó Community Council, the Commission stated that the
representatives of the 231 families settled in the urban area of Carmen del Darién, appealed
it before the local authorities, and afterwards, the Direction of Ethics of the Ministry of the
Interior decided such appeal through an administrative resolution.
13.
That the representatives of the 231 families referred to the each one of the four
criteria suggested by the Commission (supra Having Seen 12), as follows:
a)
regarding the first criterion, they indicated that the “32 families belong to the
MINOR COUNCILS OF PUERTO LLERAS AND PUEBLO NUEVO, which are part of the
MAJOR COUNCIL OF THE CURBARADO BASIN.” Furthermore, they emphasized their
condition of “BLACK DESCENT” and their ancestry in such territories;
b)
regarding the second criterion, they observed that the permanence in such
territory has been “a privilege of some”, given that after the “HUMANITARIAN CRISIS
generated by the displacement, the land possession has been a major problem that
has impeded the free development of the BLACK COMMUNITIES [, whom] for
approximately 6 years [live] in the banks of Atrato River, in the urban area of the
Municipality of Carmen del Darién where they are located the basin of the Curbaradó
and Jiguamiandó, therefore[,] in the zone of influence of the structural problem […],
in the place where the Curbaradó river flows into, meaning, a strategic spot of
mobility[.] Ther[e] is where the largest amount of Afro-descendents that own [the]
collective territory live, not because they so w[ant], but because [they] are subject
to, obligated to, and frightened, in this sector of influence of the armed conflict;”
c)
regarding the third criterion, they indicated that the families that they
represent have also filed judicial procedures, despite their “scarce economical and
human resources […], proof of which is the criminal investigation generated by the
accusation of over 60 persons, filed before the HUMAN RIGHTS NATIONAL UNIT
under file No. 2022 against members of the 57 Front of the [Revolutionary
Colombian Armed Forces] FARC, or several actions, petitions, and briefs that they
have constantly filed before different entities of the [C]olombian [S]tate and
international organizations, in order for them not to be excluded from the
procedures,” and
d)
regarding the fourth criterion, they held that they had plots of land within the
collective territories before the displacement. Hence, for them, it “is imperative to
recover their plots and produce on them[, since] they h[ave] not been able to return
to [their] plots and exercise the governability over their collective territories, due to
the fear of the FARC.” They pointed out that it was concerning “the situation of the
231 families without any kind of labor options, while their plots were almost
abandoned.” Furthermore, they considered that “it is not possible that, under a
defined scenario by a ring of HUMANITARIAN and BIODIVERSITY ZONES, the HH.RR.
[human rights] of the BLACK COMMUNITTIES OF CURBARADÓ Y JIGUAMIANDÓ are
being restricted from obtaining the benefit from the territories given and adapted
with sufficient infrastructure to generate crops.”
14.
That the Inter-Ecclesiastical Commission of Justice and Peace, in its observations
(supra Having Seen 11) did not refer specifically to each one of the criteria that were
pointed out by the Inter-American Commission. However, it manifested that it shared the
observations made. Furthermore, it stated that “[t]he lack of definition of the beneficiaries
of the measures has become an additional factor of vulnerability.” Likewise, it pointed out
that “[t]he visit […] of the Inter-American Commission to the Humanitarian Zone and the
Biodiversity Zone of ‘Nueva Esperanza’ for the elaboration of its report, allowed the