E/CN.4/1997/71/Add.1
page 14
50.
In the field of health, infant mortality is estimated at 110 per
thousand, or four times the national average. High rates of mortality and
morbidity have been linked to malnutrition in the areas inhabited by
indigenous populations.
B.
Contradictions in legislation and regulations
and the difficulties of dialogue
51.
The contradictions in legislation and regulations are attributable both
to the State's desire to assign land to the Amerindian and Afro-Colombian
communities and recognize the territorial autonomy of the Amerindian
communities, and to its desire to preserve control over the resources of the
soil and subsoil and water resources. Moreover, physical planning policies
clash with the interests of these communities.
52.
In this respect the Special Rapporteur notes that laws and regulations
on mining operations and environmental protection conflict with the recognized
territorial rights of the Amerindian and Afro-Colombian populations as
described above. Thus, by declaring the ancestral lands of the members of
the Afro-Colombian communities, in particular those in the Pacific region,
“uncultivated land” ( terrenos baldíos ), Act No. 99 of 22 December 1993, which
established the Ministry of the Environment and relates to environmental
management and conservation, and Act No. 160 of 1994 on agrarian reform hinder
recognition of their ownership of this land. Similarly, the creation of
national parks and reserved forests in zones that are to be assigned to these
populations seems likely to restrict their actual access to the land. Of the
42 national parks, 15 coincide with zones set aside for the
resguardos . 18
The Ministry of the Environment, acting through the autonomous regional
corporations (corporaciones regionales autónomas), the Ministry of Mines and
Energy, and INCORA have issued mining, forestry or agricultural permits to
private national or international enterprises or to individuals without
discussing with or actually involving the local populations, even though this
is required by a number of acts and regulations. This policy jeopardizes the
environment and allows entrepreneurs to appropriate the resources (gold,
oil, timber, etc.) which could be used to improve the populations' living
conditions.
C.
Exploitation of natural resources, development projects,
and threats to the existence of the Afro-Colombian and
indigenous communities
53.
The long-neglected strip of territory along Colombia's Pacific seaboard
has become the object of domestic and outside ambitions. The zone known as
the Chocó Biopacífico is an almost untouched ecosystem which is very rich in
biodiversity and whose species are coveted by profit-seeking international
firms. 19 The Afro-Colombian and Amerindian communities, whose way of life and
respect for the environment are responsible for the areas's preservation, are
gradually being dispossessed of these valuable natural resources. The
region's subsoil, with its rich gold reserves, is undergoing intensive mining
which, because of the use of mercury, is polluting watercourses and destroying
20
the aquatic flora that provide these communities with food.
Intensive
forestry is depleting the soil and exposing it to erosion. On account of the
growing importance of the Pacific in the world economy, powerful national and