A/HRC/16/45/Add.1
facilitated the presence of armed groups32. It emphasized the need for differentiated
approaches towards solving the problems faced by Afro-Colombian communities.
66.
The Court ordered the Government to design and implement a Comprehensive Plan
for the Prevention, Protection and Attention to forcibly displaced Afro-Colombian
communities, including 62 specific plans aimed at identified communities and a roadmap
for the protection of ethnic territories. Despite a deadline of the end of October 2009, at the
time of the independent expert’s visit, these requirements had not been effectively
implemented.
VI.
Dispossession of Afro-Colombian lands
67.
Afro-Colombian lands, while isolated and neglected for centuries, have in recent
years been identified as the most fertile and resource rich in Colombia. This has placed
once isolated, largely self-sufficient communities directly in harm’s way. Violence and
threats against Afro-Colombians are now most prominently associated with the ultimate
aim of controlling land and natural resources resulting in the dispossession of AfroColombian lands. Communities described ongoing violence and threats in pursuit of
acquisition, control or exploitation of their collectively owned lands. While few displaced
communities have returned to their lands, those who do often find that others have claimed
ownership or rights of usage in their absence.
68.
Economic development “megaprojects” have increasingly led to the dispossession of
Afro-Colombian collective territories. These projects have been associated with brutal
forced displacement, mass violence and selected killings. Persistent reports indicate that
armed groups collude with national and foreign companies (including palm oil and mining
companies), and often with local government and business actors to acquire and control
land and resources. Black communities rarely benefit from these megaprojects and have
grave concerns about encroachment on their land rights and adverse environmental impacts.
Equally, the manipulation or co-opting of community leadership and Community Councils
creates divisions within Afro-Colombian communities with the aim of acquiring land.
69.
In some situations involving claims of usurped land, the interest of the Government
appears to be complex. Massive single-crop agro-business development projects, such as
palm oil plantations, and large-scale mining industry, figure prominently in national
development plans. The Government provides financing for projects that accord with
national planning goals, which some claim have financed projects on usurped AfroColombian lands. Local or departmental governments may have an ownership stake in
public-private projects, as is the case in the planned port expansion project in
Buenaventura, which threatens to displace thousands. Consequently, when Afro-Colombian
communities seek Government assistance in regaining their lands or in bringing legal cases,
they are unclear whether the Government is acting as a neutral referee or as an interested
party.
70.
Two high-profile regions which the independent expert visited illustrate the
experiences of many Afro-Colombian communities. Afro-Colombian communities have
conducted small-scale farming and artisanal gold mining in Suárez, North Cauca, since the
17th century. However, communities complained of licences being granted to companies
for large-scale mining on their ancestral lands without prior consultation with them.,
resulting in communities being denied access to ancestral mining areas or facing eviction.
Following her visit, eight Afro-Colombian miners were killed in April 2010 allegedly by
32
16
Constitutional Court order 005, 2009, para. 67