A/HRC/16/45/Add.1
illegal armed groups. In Curvaradó and Jiguamiandó agro-businesses have usurped lands of
displaced communities to plant African palm. The courts have confirmed the land title held
by the communities; however, thousands of hectares remain controlled by illegal armed
groups in cooperation with agro-businesses33.
VII.
The right to consultation and participation in decisionmaking
A.
Political participation
71.
Civil society groups emphasized the poor levels of Afro-Colombian representation
in political institutions at all levels. At the time of the independent expert’s visit, there were
10 self-identified Afro-Colombian members of the House of Representatives out of 166
elected members, two of whom occupied seats specifically reserved for Afro-Colombians.
The 102-member Senate has no Afro-Colombian members and no reserved seats for AfroColombians, while 2 seats are reserved for indigenous peoples. In the newly elected
Government, none of the 13 Cabinet Ministers is Afro-Colombian; there are no AfroColombians on any high court.
72.
In the executive and administrative branches of Government there is apparent gross
underrepresentation of Afro-Colombians. In the national police and military, AfroColombians are concentrated at the lowest levels.
73.
In the departments and municipalities where the population is overwhelmingly AfroColombian, many of the politicians are considered to be corrupt or as not truly representing
the interests of Black people.
B.
Community Councils
74.
Law 70, Article 5, requires each community to form a Community Council as its
internal administrative body to receive title to ancestral lands. Community Councils are also
to oversee the conservation and protection of collective property, the preservation of
cultural identity, and the use and conservation of natural resources. Community Councils
are required to identify a representative from the respective community to act as a friendly
conciliator in internal conflicts. Community Councils offer essential leadership structures
and potential for local governance, allowing Afro-Colombians to manage their own affairs.
75.
Leaders in Buenaventura and Suárez complained that their Community Councils
were being denied registration, effectively denying them the right to claim collective land
title and to be consulted over megaprojects. The reasons identified for the denial of
registration were often bureaucratic requirements that may not have been met with
precision or claims that registration had already been granted to another competing Council
claiming legitimacy. Community members and NGOs interpreted both rationales as being
ploys to wrest control away from the legitimate representatives in favour of those more
compliant with the ultimate purpose of expropriating the land title or enabling use of the
land by outside interests.
76.
Competing interests related to land ownership are blamed for creating tensions
within some communities. In the situation in Curvaradó and Jiguamiandó, it is evident that
divisions have emerged within communities and between Community Councils over land
33
See http://www.wola.org/index.php?option=com_content&task=viewp&id=870&Itemid=8
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