R 302232Z MAY 07 FM AMEMBASSY BOGOTA TO RUEHC/SECSTATE WASHDC 5750 C O N F I D E N T I A L BOGOTA 003855 SUBJECT: CURVARADO AND JIGUAMIANDO: A TALE OF TWO

DISPLACED AFRO-COLOMBIAN COMMUNITIES REF: A. BOGOTA 2533 B. BOGOTA 2274 Classified By: Political Counselor John S. Creamer. Reason: 1.4 (b,d) ------Summary ------1. (C) Conflict between paramilitary and FARC forces displaced the Afro-Colombian communities of Curvarado and Jiguamiando in 1997. Between 20012002, after the GOC designated 100,000 hectares in the area as Afro-Colombian "communal territories," community members returned. They found their land occupied by African palm plantations. Palm companies claimed they "bought" the land, but human rights and Afro-Colombian advocacy groups say sellers were intimidated by paramilitaries and/or lacked the legal right to sell the land. The GOC's land titling agency has spent years sorting out

which plantations are legitimately on private property and which are on communal territories. Contacts expect the lands to be returned by the end of 2007. The GOC is also prosecuting corporate officers in palm plantation companies operating in the area for charges including homicide. Prosecutors are optimistic about the cases, but worried about their ability to protect witnesses. End summary. -------------------------------------------Background: Afro-Colombians and African Palm -------------------------------------------2. (U) 1993's "Ley 70" designated traditional Afro-Colombian lands as "communal territories." The law described what lands would become communal territories, but did not explicitly demarcate their boundaries. Article 63 of the National Constitution and Article 7 of the "Ley 70" declares that the land in each community designated for collective use cannot be transferred or seized as collateral in a legal proceeding ("inalienable, imprescriptible, e inembargable"). The department of Choco on the Pacific coast has the highest concentration of Afro-Colombians (ref A). About 10 percent of Colombia's African palm oil, a source of bio-fuel and other products, comes from the Pacific coast region (ref B). 3. (U) The USG supports African Palm projects in many parts of the country. In addition to a thorough diligence process that establishes land history and ownership, the USG works primarily with

small and medium sized land holders. The USG also works with private banks, which adds an additional due diligence step. Further, the USG is working with INCODER and local government entities to strengthen the land titling process and accountability. ------------------------------------------------Curvarado and Jiguamiando: Caught in the CrossFire ------------------------------------------------4. (U) The Afro-Colombian communities of Curvarado and Jiguamiando in northern Choco were caught in the cross-fire between the FARC and the United Self-defense Forces of Colombia (AUC) in the late 1990s according to Hector Cruz, a fifteen year veteran of the national Prosecutor's office who is coordinating criminal prosecutions in the area. Prior to 1997 each community had a population of 3,000-5,000, spread throughout half a dozen or so small river villages. FARC influence was pervasive until 1997 when paramilitary forces began engaging the FARC. The FARC and AUC targeted community leaders for assassination, and local residents fled. 5. (U) Palm companies began "purchasing" land in the area between 1998-2001. Human rights and AfroColombian advocacy groups say sellers were intimidated by paramilitaries and/or lacked the legal right to sell the land. They also claim corrupt local government officials colluded in the process and that threats continue. Cruz said palm

plantations began operating in the area in 2001. At the same time, the government land titling agency, INCODER, designated 100,000 hectares of communal territories in Curvarado and Jiguamiandoand displaced community members began returning. According to INCODER, they found thirteen thousand hectares of land were occupied by palm plantations, some financially supported by GOC agricultural agencies. 6. (C) LorenaGarnica, a special advisor to the Ministry of Agriculture and Rural Development which oversees GOC land agencies, said INCODER has spent years sorting out which plantations are legitimately on private property and which are on communal territories. INCODER ultimately decided that 15,000 hectares of plantations were on communal territories. Still, returning the land has been complicated by the multitude of government agencies involved. Land registration offices (local municipal notary offices that register land titles) have to void prior title decisions before the land can be returned, but have waited until civil courts resolved property demarcation disputes. Civil court decisions have sometimes been contingent on criminal court findings. Garnica said "buck passing" was a problem, but thinks an interagency March 28, 2007 agreement will expedite the process. Garnica and Cruz both expect the majority of the 15,000 hectares to be returned before the end of 2007.

--------------------------------------------------Prosecutions for Murder, Mayhem and False documents --------------------------------------------------7. (C) Hector Cruz has worked for three years developing cases for crimes committed in Curvarado and Jiguamiando since the displacement. He was recently put in charge of all cases against palm companies in the area, a responsibility previously shared between a number of different prosecutors. Every month he spends about a week in Choco: talking to witnesses, reviewing documents, and traveling by boat (for up to ten hours) between different courthouses. Pointing to a five foot high pile of indictments stacked against his office wall, he said he has prepared cases for 16 murders, a dozen land invasions, five forced displacements, and two uses of false documents. Most cases are against corporate officers of palm companies, and Cruz plans to charge about 25 of them. Cruz believes there were connections between paramilitaries and palm companies, but said they have been difficult to verify. He has focused his resources on what he can prove. 8. (C) Cruz predicts he will get convictions within 18 months, but resources are a problem. He only has one lawyer and a several local investigators helping him. Success will hinge on witnesses. Cruz expects to need between 5075witnesses, but worries that many may be too frightened to testify. Cruz said the Prosecutor General supports his efforts, and has told him to expedite the cases. Still, he said his office has only been able to offer protection to four or five

witnesses, and he does not know if they will have the resources to protect others. Drucker

(Edited and reading.)

reformatted

by

Andres

for

ease

of