Graduate School of Development Studies

Mining Rights vs. Human Rights: Struggles for Environmental Justi e in Colombia
!he "ase of the Afro#"olom$ian Distri t of %a !oma in the &orth of "au a A Research Paper presented by:

Daro Ernesto Flrez Arvalo (Colombia)

in partial fulfillment of the requirements for obtaining the degree of MAST RS !" ARTS #$ % & '!PM $T ST(%# S Speciali)ation:

Environment and Sustainable Development

(ESD)

Members of the e*amining committee: Prof+ Murat Arsel Prof+ ,ram ,-scher

The .ague/ The $etherlands Month/ 0ear

Dis laimer:
This document represents part of the author1s study programme 2hile at the #nstitute of Social Studies+ The 3ie2s stated therein are those of the author and not necessarily those of the #nstitute+ Research papers are not made a3ailable for circulation outside of the #nstitute+

'n(uiries:
Postal address: #nstitute of Social Studies P+!+ ,o* 45667 4894 'T The .ague The $etherlands :ortenaer;ade <4 48<= A> The .ague The $etherlands ?@< 69 A47 9A79 ?@< 69 A47 9655

'ocation:

Telephone: "a*:

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Contents
'ist of Tables++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++3i 'ist of "igures+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++3i 'ist of Maps+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++3ii 'ist of Acronyms++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++3iii Abstract+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++i* Chapter 1 Introduction..........................................................................................10 <+< !bBecti3es and question++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++<@ !bBecti3es <@ Main question+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++<@ <+4 Methodology+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++<@ The case <A %ata collection++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++<8 'imitations <8 Chapter 2 Setting up Environmental Justice ......................................................1 4+< Classical Theory on en3ironmental Bustice+++++++++++++++++++++++++++++++++++++<7 4+4 Theory of recognition++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++<6 4+@ #ntegrating recognition/ redistribution and participation++++++++++++++++44 4+A Analytical "rame2or;+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++4A Chapter ! "lac# communities$ mechanism o% participation and gold mining in Colombia 2& @+< $ormati3e recognition of blac; communities+++++++++++++++++++++++++++++++++48 Constitutional recognition and rights++++++++++++++++++++++++++++++++++++++++++++47 AfroCColombian legal frame2or;++++++++++++++++++++++++++++++++++++++++++++++++47 #nternational instrument of human rights+++++++++++++++++++++++++++++++++++++4= @+4 Recognition of blac; communities in mining policy++++++++++++++++++++++45 @+@ %ecision ma;ing process in mining++++++++++++++++++++++++++++++++++++++++++++++++@< Mining Concession +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++@@ n3ironmental license ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++@8 Chapter ' (arginali)ation and E*clusion o% +%ro,Colombians........................!iii

A+<+ 'a Toma districtDs social and economic model ++++++++++++++++++++@= A+< 'a Toma district++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++A4 A+4 *clusion of AfroCColombian persons from economic and social prosperity++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++AA

A+@ Marginali)ation of AfroCColombian persons from parity participate as a pee ion++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++A8 A+A #nstitutional relations+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++A6 Ministry of #nterior and Eustice+++++++++++++++++++++++++++++++++++++++++++++++++++++A= 'ocal en3ironmental authority++++++++++++++++++++++++++++++++++++++++++++++++++++++A5 Mining authority+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++89 Mayor of municipality of Suare)++++++++++++++++++++++++++++++++++++++++++++++++++89 Administrati3e Court of Popayan+++++++++++++++++++++++++++++++++++++++++++++++++8< !mbudsman !ffice of Cauca+++++++++++++++++++++++++++++++++++++++++++++++++++++++8< Community of 'a Toma+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++84 Chapter & De%ining Environmental Justice .........................................................&' 8+< AcciFn de tutela: CommunityDs claims+++++++++++++++++++++++++++++++++++++++++++88 !rdinary courts: from Popayan city to the Supreme Court++++++++++88 The constitutional court++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++87 8+4 Ma;ing en3ironmental Bustice: bet2een dignity/ participation and autonomy++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++86 %ignity86 Participation 86 Autonomy 79 Chapter Conclusions........................................................................................... 1 7@ References++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++7A Appendi* < Maps+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++7= Appendi* 4 .istory of struggles o3er land+++++++++++++++++++++++++++++++++++++++++++++++++++++++69 Appendi* @ Mechanism of participation and protection of fundamental rights ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++64 Prior consultation ("ree/ prior and informed consent) +++++++++++++++++64 AcciFn de tutela +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++6@ i3

Appendi* A SocioCeconomic and en3ironmental system of blac; communities ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++68 Appendi* 8 Cartography 'a Toma %istrict +++++++++++++++++++++++++++++++++++++++++++++++++++++6= Appendi* 7 Autonomy: lin;ing life proBect and political proBect of blac; communities++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++65

.ist o% /ables
Table < Mining Titles #nside thnic Territories+++++++++++++++++++++++++++++++++++++++A7

.ist o% 0igures
"igure < Stages of a mining proBect+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++@< "igure 4 Mining Concession Process+++++++++++++++++++++++++++++++++++++++++++++++++++++++++@@ "igure @ n3ironmental 'icensing Process++++++++++++++++++++++++++++++++++++++++++++++++@7 "igure 4 Traditional production system of the blac; communities of the pacific+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++A9 Map < Spatial integration of the collecti3e territories of the blac; communities of the pacific region++++++++++++++++++++++++++++++++++++++++++++++++A4 "igure A (nsatisfied ,asic $eeds in the $orth of Cauca+++++++++++++++++++++++++++A8 "igure 8 Process in ad3ocacy of the right of prior consultation++++++++++++++++8A "igure 7 Mining concession+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++85 "igure 6 n3ironmental #mpact Assessment++++++++++++++++++++++++++++++++++++++++++++++85 "igure = Traditional production system of the blac; communities of the pacific+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++67 "igure 5 Spatial integration of the collecti3e territories of the blac; communities of the pacific region++++++++++++++++++++++++++++++++++++++++++++++++67 "igure <9 ,asis for culturally and en3ironmentally sustainable de3elopment++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++65

3i

.ist o% (aps
Map < Map of Colombia+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++7= Map 4 %epartment of Cauca+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++75 Map @ Municipality of Suare) and 'a Toma district++++++++++++++++++++++++++++++75 Map A Traditional Production System in 'a Toma %istrict +++++++++++++++++++6=

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.ist o% +cron1ms
,C C'T E "%# PC PC$ ,lac; Communities Community of 'a Toma n3ironmental Eustice "oreign %irect #n3estment Prior Consultation Proceso de Comunidades $egras

3iii

+bstract
The community of 'a Toma is a Colombian district integrated by <@99 Afro Colombian persons that has struggled for many years and in many occasions in the defence of their right of collecti3e property o3er land and control o3er their territory+ This paper analy)es the current struggle against the e*ploitation of gold Gin mines that are located inside of their territoryC/ and ho2 the allocation of natural resources that ha3e been the source of employment for this community for more than three centuries can affect their means of subsistence/ and sur3i3al of cultural integrity+ Regardless of the constitutional pro3isions that protect the minority rights/ in this case the AfroCColombians and their long relation to their territoriesH the state has conceded the rights for mining e*ploitation to foreigners ignoring e*isting international instruments that guard human rights and communities1 fundamental rights granted by the Colombian Constitution of <55<+ #n the midst of this situation/ institutional mechanisms for the recognition of fundamental human rights 2ere successfully mobili)ed by residents of 'a Toma+ #n their legal action/ residents claimed the 3iolation of their identity/ their right to prior consultation/ and to selfCdetermination+ Although ad3ance in materiali)ation of a bill of rights in Colombian Constitution/ in practice 'a Toma had to 2ait ten years to be hearing as legitimate holders of territory and achie3e en3ironmental Bustice+

2e13ords
n3ironmental Eustice/ Minority groups/ Mining/ #dentity/ Participation/ Autonomy+

i*

Chapter 1 Introduction
.istorically/ AfroCColombians ha3e been marginali)ed from en3ironmental decisionCma;ing and e*cluded from social and economical prosperity that the country has achie3ed (%e "riedemann <55@/ Iade <558/ scobar <555/ Arocha 4995)+ An aftermath of this status of marginali)ation and e*clusion may be obser3ed through the case of the community of 'a Toma (C'T)/ a Colombian district integrated by <@99 AfroCColombian persons/ that has struggled for many years and in many occasions in the defense of their right to collecti3e property o3er land and their territory (!%R 49<</ Torres 49<4)+ The current struggle began ele3en years ago against the e*ploitation of gold in mines inside the 'a Toma territory+ This situation arises from the go3ernmentDs allocation of mining concessions to a Colombian entrepreneur GMr+ .ector SarriaC in a collecti3e territory of the council of 'a Toma that has been inhabited by this community since <7@7 (Constitutional Court 49<9)+ This policy to attract in3estment in the mining sector is part of the go3ernment1s broader neoliberal reforms/ namely increased pri3ati)ation/ economic deregulation/ and trade liberali)ation+ Regardless of ancestral inhabitance and legal collecti3e property o3er land/ traditional mining practices/ fundamental rights granted by the Constitution and international instruments of human rights/ the C'T 2as e*cluded from the distribution of natural resources (such as gold) and marginali)ed from the decisionCma;ing process promoting mining proBects inside their territory+ Thus/ the influence of neoCliberal economic restructuring of the mining sector in Colombia has led to negati3e consequences for minority groups such as blac; communities of the Colombian pacific in regards to the en3ironment/ 2or;ing conditions/ and li3elihoods ("aber and McCarthy 499@)+ 3en no2/ after more than <89 years of the abolition of sla3ery < and 4< years after the enactment of the ne2 national Constitution that recogni)es Colombia as a multicultural and pluralCethnic country/ and after signing se3eral international treaties and protocols (such as the Con3ention <75 of <5=5)/ AfroCColombians are persistently marginali)ed and e*cluded (Arocha 4995)+ #n <55</ as a result of a constituent assembly that embraced ideas of di3ersity/ equality and participatory democracy/ the ne2 Constitution loo;ed to a liberal state as the natural requirement of democracy/ and the Jmateriali)ation of human rights as the benchmar; of Bustice1 ( sla3a 4995:**)+ Thus/ normati3ely the ne2 political constitution created necessary institutional space for the recognition of blac; communities1 rights and consolidated recognition for indigenous people (Iade <558)+ (nfortunately/ as the present case sho2s/ in practice that
<

The abolition of sla3ery in Colombia 2as in <=8@+

<9

recognition does not reflect an effecti3e enforcement mechanism to address the e*clusion and marginali)ation of AfroCColombians (Arocha 4995)+ To loo; into e*clusion and marginali)ation of AfroCColombians/ this research critical analy)es the case of 'a Toma in order to figure out ho2 the benchmar; of Bustice created by the ne2 constitution partially fails+ The AfroCColombian community1s demands stand in four main thematic components that need to be dealt 2ith: dignity/ identity/ participation and autonomy+ The first is the recognition of ci3il rights and the basic social and economical needs of e3ery Colombian citi)en/ the second is understood as the group1 o2n 2ays of life and cultural traditions that identify them as a groupH the third is 3ie2ed in terms of the social relations bet2een ethnic groups and institutionsH and the last/ as the selfCdetermination of political/ social/ economic and cultural de3elopment and control o3er natural resources in ethnic communities1 territory+ "urthermore this research challenges the idea of ma;ing of Bustice through the mere materiali)ation of human rights and basic human needs/ as something that only can be distributed+ !n the contrary/ as 0oung (<559)/ "raser (<557/ <55=/ 499<) and Schlosberg (499@/ 4998) argue/ achie3ing Bustice has to incorporate the concept of recognitionH thus both redistribution and recognition ha3e been seen together+ ,ut as 0oung (<559) argues recognition is a social norm embedded in social practice and/ thus/ cannot be simply distributed+ "or that reason 2e cannot see the recognition of AfroC Colombians and the o3ercoming of their marginali)ation and e*clusion through Colombian Constitution/ la2s and norms+ #nstead/ as "raser (499<) notes/ it needs to be conte*tuali)ed in t2o le3elsH first at intragroup participation CC that in Colombia could be represented by the long process that blac; communities ha3e been de3eloping since the ne2 constitution allo2s the creation of legal frame2or;s that protect and recogni)e blac; communities on their o2n identity/ and ha3e strength them as a groupH and second at the intergroup participation/ 2hich are the social relations bet2een these communities and public and pri3ate organi)ations/ as 2ell as society in general+ Although in some cases itDs necessary to conte*tuali)e the former in order to ha3e a better understanding of the case/ this research deals 2ith the latter+ !n that purpose/ the second chapter 2or;s on the theoretical frame2or; challenging the narro2 3ie2 of en3ironmental Bustice ( E) defined e*clusi3ely as a question of equity in the distribution of en3ironmental goods (Agyeman et al+ 49<9)+ This 3ie2 has been de3eloped 2ith important academic research of en3ironmental inBustice cases in (nited States+ #t has an especial relation and strong influence from Ra2lsD liberal Bustice theory in (S (.onneth <55=)+ Ra2ls defines Bustice as Ka standard 2hereby the distributi3e aspects of the basic structure of society are to be assessed1 (Ra2ls <56<:5C<9 cited in Shlosberg 4996)+ .o2e3er/ on cases of multiculturalism and the pluralCethnic conte*t of 'atin American countries/ <<

this 3ision falls short+ .ence this research attempts to e*pand the concept of E through theories of Bustice that arise from recognition theory based on the 2or; of Taylor (<557) and .onneth (<55A/ 499<)+ Taylor and .onneth (499<:A8) argue that Kmoral quality of social relations cannot be solely measured in terms of distribution of material goods1H 2hile Taylor (<557) put theory of recognition in terms of identity and .onneth in terms of Bustice+ .o2e3er/ loo; at these t2o theories separately ignore the bi3alent condition of marginali)ation (mis or malCrecognition) and e*clusion (malC distribution) of AfroCColombian community+ Thus this research is more synchroni)ed 2ith the 3ision de3eloped by 0oung (<559) and "raser (<557/ <55=/ 499<) 2ho argue that social Bustice is based on both on the principle of equality and on the principle of recognition of difference+ As a frame2or; of analysis/ the status model de3eloped by "raser (499<) is an important guide+ She proposes to treat recognition as a question of social status+ "rom this perspecti3e: what requires recognition is not group-specific identity but rather the status of group members as full partners in social interaction. Misrecognition, accordingly, does not mean the depreciation and deformation of group identity. Rather, it means social subordination in the sense of being prevented from participating as a peer in social life (#bidem: 4A)+ Thus one attempt to introduce participation as a ;ey concept in achie3ing E by grassroots organi)ations+ .o2e3er/ itDs necessary to identify community claims in order to try to understand the scope of those demands+ Although achie3ing better space in en3ironmental decisionC ma;ing is essential/ the community purpose goes beyond itH their true achie3ement rests in control and autonomy o3er their territory ( scobar 499=) GSee appendi* 8C+ .o2e3er/ it cannot be possible 2ithout real and effecti3e participation on decisionCma;ing+ The third chapter attempts to understand ho2 ,C are normati3ely recogni)ed/ and 2hat mechanisms of participation allo2 these communities to inter3ene on issues that directly affect them/ as 2ell as ho2 they are in3ol3ed in the decisionCma;ing process of mining proBects+ .ere/ the responsibilities of public and pri3ate organi)ations are presented in order to loo; at social relations bet2een them and AfroCColombians+ #n sum/ this chapter assesses the e*tent to 2hich rights of ,C are incorporated in mining policy in Colombia+

$e*t/ the legal struggle faced by members of the council of 'a Toma is described and analy)ed in chapters four and fi3e+ Chapter four co3ers the <4

first period of the legal process 2hen the mining rights 2ere arbitrarily granted to a entrepreneur pri3ileging him o3er AfroCColombians rights+ The case clearly e*emplifies the po2er that mining authorities may transfer through mining titles and also the empo2erment and disempo2erment that regulations and institutions gi3e and remo3e to and from sta;eholders in3ol3ed in mining acti3ities+ Chapter fi3e analy)es the second period of the legal process 2hen the community successfully too; the process a2ay from the mining legal frame2or; and put it in the terrain of constitutional fundamental rights+

1.1 4b5ectives and 6uestion

)$*e tives
This paper offers a critical assessment of ho2 the implementation of the decisionCma;ing process behind Colombia1s transformation into an international mining hub has been triggering not only cases of en3ironmental inBustice 2ithin minority groups/ but ho2 it has also opened up a ne2 chapter in the long struggle for the protection of human rights based on ethnic grounds in Colombia+ #n that conte*t/ the main four obBecti3es are: a+ To assess the e*tent to 2hich rights of ,C are incorporated in mining policy in Colombia+ b+ To understand the main characteristics of ,C1 organi)ation and their identity 2ith territory+ c+ To identify the main elements of the international instruments of human rights that allo2s the recognition of ,C1 rights+ d+ To loo; for 2ays in 2hich relationship bet2een mining and ,C can be more Bust+

Main (uestion
.o2 the decisionCma;ing process in mining acti3ity lead to cases of en3ironmental inBustice 2ithin minority groupsL

1.2 (ethodolog1
The methodology employed an analysis of the Constitutional CourtDs decision document 2hich protects the fundamental right of prior consultation (PC) Gsee appendi* @ to e*pand this conceptC of the AfroC Colombian C'T+

<@

!he ase
The case selected brings essential elements to critically analy)e 4 the dramatic increase@ of mining entitled all around Colombia and the subsequent conflicts at local le3el+ #nter alia/ these conflicts arise due to a lac; of participation of communities in decisionCma;ing and a lac; of integrity bet2een mining policy and other producti3e and nonCproducti3e sectors and local processes of de3elopment and local peoples1 3ocation+ This study attempts to loo; at the institutional disrespect for ethnic groupsD rights through mining decisionCma;ing and the impact that it has been generating locally+ 'a Toma district consists of <+@99 AfroCColombians and is located in the north of the department of Cauca in the basin of Colombian pacific Gsee maps in appendi* <C+ This territory has been inhabited and 2or;ed by AfroC Colombians from the ensla3ement process dating bac; to <7@7+ This long inhabitance in territory has reinforced their cultural identity/ as 2ell as their strong lin;s 2ith the territory/ 2hich is the space that gi3es them means of subsistence/ possibility of interaction each other and de3elops their more ancient traditions ( scobar 4998)+ This research analy)es the legal struggle of the council committee of 'a Toma 2hich used the 2rit of protection of fundamental rights/ or accin de tutela Cappendi* @ e*plain this conceptC, in order to pre3ent 3iolation of human rights+ This conflict arose 2hen mining authorities issued mining concessions to a foreign entrepreneur GMr+ .ector SarriaC ignoring the inhabitance of local AfroCColombians in the area and their rights to PC+ Mr+ Sarria 2as granted 2ith an en3ironmental license as a preCrequirement to start mining e*ploitation/ although it 2as issued 2ithout fulfilling necessary PC 2ith blac; C'T+ %espite this/ an ordinary court protected Mr+ Sarria1s mining rights instead of human rights of AfroCColombians and ordered to e3ict the artisanal miners in the area+ Moreoe3er/ institutional mechanisms for the recognition of fundamental human rights 2ere successfully mobili)ed by residents of 'a Toma+ #n their legal action/ residents claimed the 3iolation of their right to PC/ to selfCdetermination/ and to access to adequate means of subsistence+ To sum up/ this case presents the confrontation bet2een mining rights granted by the mining authority to an entrepreneur and human rights granted by the Constitution and international instruments of human rights to an AfroCColombian community/ 'a Toma+
4 The rele3ance of the case is that sho2s ho2 mining policy: i) ignores local de3elopmental process/ ii) 3iolate constitutional mandates such as participatory democracy/ iii) ignore artisanal mining as an alternati3e of gold e*ploitation/ i3) promote large scale mining as a panacea/ 3) disempo2ered local communities/ and 3i) disrespect international threats of human rights+ @

According 2ith Rudas (49<9) the number of mining titles passed from a total of <+==@ in 4994 to 6+=75 in 4995/ this is an increase of @<6M in the period+

<A

Data olle tion

This research started re3ie2ing local conflicts due to mining entitlements that has been granted to foreign entrepreneurs in Colombia+ Through the Constitutional CourtDs decision/ the case of 'a Toma 2as identified+ #n this regard/ it is necessary to study and understand the legal frame2or; of mining and AfroCColombian communities/ as 2ell as international instruments of human rights+ 'iterature 2as re3ie2ed in order to identify the approach employed in the in3estigation+ All the research is based in secondary data+ #n the researching process some organi)ations 2ere contacted by email+ !rgani)ations such as C $SAT agua viva and Minority Rights Nroup #nternational facilitate information and documents+ :ey informants such as #rene &ele)/ Nuillermo Rudas/ Paola Mendo)a/ %anilo (rrea and 'uis sla3a also facilitate information and documents that strengthen the analysis+ "or all them/ my sincere gratitude+ Another source of information 2as documentary material 2hich 2as collected from Colombian organi)ations and online sources+ #t 2as important for the research because it helps to incorporate firstChand e*periences of the community to conte*tuali)e their demands and claims+

%imitations
Although most of the information about mining entitled is free for public consultancy/ itDs difficult to access it from o3erseas+ "or that reason/ the research too; the CourtDs decision as the core of the in3estigation+ The research dri3es the case from the sources managed by the Court/ as 2ell as documents elaborated by public and nonCgo3ernmental organi)ations 2hich facilitate important information/ although it cannot gi3e a complete 3ie2 of the community+ "ortunately there are scholars and nonCgo3ernmental organi)ations 2or;ing on the ground 2ith local people 2ho allo2 us to document the case and understand long struggles o3er territory+ .o2e3er/ it 2as also necessary to ta;e some sources from the process at national le3el+

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Chapter 2 Setting up Environmental Justice

The aim of this chapter is to understand social Bustice in the light of theory of distribution and theory of recognition and its lin; to participation+ The theoretical frame2or; for this research highlights the importance of loo;ing at recognition as an essential element of conflicts of social and en3ironmental inBustice+ .o2e3er/ it1s necessary to ;eep in mind that each case has to be conte*tuali)ed according 2ith specific conditions to understand not only the mo3ements1 petitions but also the ;ind of recognition that arises+ #n this matter classical theory of E 2ill pro3ide a starting point for critical analysisH theories of recognition and the 2or; of theorists 2ho ha3e tied it 2ith redistribution 2ill also help to e*pand E theory+

2.1 Classical /heor1 on environmental 5ustice

The term E has been used in (nited States by grassroots en3ironmental mo3ements such as the antito*ic mo3ements (Adeola 4999) and the mo3ement against en3ironmental racism (Cutter <558) 2hich conduct research on the une3en distribution of en3ironmental ris;s among certain groups of people/ especially those of color and the poor (Agyeman et al+ 49<9)+ .o2e3er/ according 2ith Pulido (<557) it is a multiracial mo3ement 2hich is organi)ing around '('(s ('ocally (n2anted 'and (ses)/ such as 2aste facility sitting/ transfer storage and disposal facilities/ and other issues such as lead contamination/ pesticides/ 2ater and air pollution/ 2or;place safety/ and transportation+ This concept in3ites a focus on the seemingly material aspects of inequality (Mc%onald 4994: <<4)+ This is related 2ith the de3elopment of political theory in last decades 2hich Bustice has been defined e*clusi3ely as a question of equity in the distribution of social goods+ ,arry (<555 cited in Schlosberg 4996:<4) argues that Bustice is fully contained 2ith the set of rules that go3ern our distributional relationship+ ,righouse (499A cited ibidem) also argues that the subBect of Bustice is the 3ery basic structure of societyH it defines ho2 2e distribute 3arious rights/ goods and liberties+ ,ut perhaps the greatest influence has been tied to the liberal Bustice theory de3eloped by Eohn Ra2ls+ #n his classic A heory of !ustice, Ra2ls defines Bustice as Da standard 2hereby the distributi3e aspects of the basic structure of society are to be assessedD (Ra2ls <56<:5C<9 cited #bidem)+ Ra2ls offers t2o basic principles of Bustice: e3eryone 2ould ha3e the same political rights/ and the <7

distribution of economic and social equality in a society should benefit e3eryone/ including the 2ellCoff (Schlosberg 4996:<@)+ According to Schlosberg (4996:4<C@) although recognition is central to distributional theorist/ there is a confusion o3er 2hether recognition is a precondition of distribution or 2hether it is a good to be distributed+ #n relation to the former a critical argument/ as is presented in the present case/ is that in the practical realm social groups1 claim for recognition as a central factor of inBustice+ .ence recognition cannot be assumed as a precondition/ it is an issue that needs to be deal 2ith+ #n relation to the later a critical 3ie2 argument is that recognition cannot be assume as a normal good/ because Dit does not recogni)e a limite to the application of a logic of distributionD (0oung <559:4A cited in Schlosberg 4996:4@) Moreo3er/ as $ussbaum (49<<:86) argues this theory has the merit of being concern about distribution/ although people ha3e different needs of resources and the in3estment that public policy 2ould differ from it/ other2ise inequalities 2ill persist+ "inally/ as Schlosberg (4996:<<) argues/ one important problem 2ith liberal theories of Bustice is that recognition and its lin; to both distribution and to participation is simply underCtheori)ed+ This is attributed to the little de3elopment of distributional concerns 2ith respect to recognition+

2.2 /heor1 o% recognition

.ere t2o theses of Bustice from the theory of recognition 2ill be presented+ The first one 2as de3eloped by Charles Taylor (<554) in Jpolitics of recognition1+ TaylorDs thesis is that identity is partly shaped by recognition or its absence+ KRecognition is not Bust a courtesy people o2e/ for him it1s a 3ital human need1 (#bidem: 47)+ The second 3ie2 2as de3eloped by A*el .onnet (499<:**)/ 2ho argues that Jrecognition of the dignity of indi3iduals and groups forms a 3ital part of concept of Bustice1+ "or Taylor (<554: 4=) Jthe importance of recognition has been modified and intensified by the ne2 understanding of indi3idual identity that is tied 2ith the moral sense of people about 2hat is 2rong and right/ according to culture1+ #t is triggered on the ideal of authenticity 2hich Taylor (<554: @9) associates 2ith J.erder 2ho put for2ard the idea that each of us has an original 2ay of being human: each person has his or her o2n OmeasureP1+ #n TaylorDs (<554) opinion this is a milestone because ne3er before no one thought that the difference bet2een human beings had this ;ind of moral significance+ This gi3es a ne2 2ay of 3ie2ing oneself and a ne2 significance of anyone elseDs life+

<6

.o2e3er/ this author also points out that identity has been fi*ed during time by oneDs social position+ Therefore/ Taylor (<554:@<) adds/ Kthe bac;ground that e*plained 2hat people recogni)e as important to themsel3es 2as to a great e*tent determined by their place in society and the roles or acti3ities attached to this position1+ This e3olutional history of society mar;s the e3olution of personal identity on people but not only of oneDs identity but also the de3elopment of groupDs identity/ as 2ell as different 2ays of life in society+ This may be e*plain in more homogeneous societies as urope/ but acquire more comple*ity in societies such as in 'atin America 2here colonial period bring about interaction of different cultures such as local indigenous/ Africans OimportedP as sla3es and uropean colonisers+ Thus these young states are characteri)ed by the formation of many different cultural identities 2hich attempt to construct one nation+ This is 2hat the Colombian Constitution of <55< attempted to de3elop 2hen recogni)es Colombia as a pluralCethnic and pluralCcultural countryA and creates spaces in order to de3elop culture and selfC determination of indigenous and AfroCColombians+ This process has been shaped through the internal dialogue bet2een groups such as indigenous and afroCcolombians and the social or public dialogue 2ere the politics of equal recognition play a crucial role (Taylor <554:@6)+ Thus the current recognition of minorities groups in Colombia has been de3eloping on the basis of grassroots mo3ements Gas is presented in chapter threeC and the social and political representation that these groups had in the constitutional assembly+ .o2e3er these groups 2ould hardly achie3e real recognition 2ithout the necessary spaces for dialogue as equals/ as 2ell as the recognition of both the politics of dignity and the politics of difference/ as Taylor define it as follo2: "n the public sphere, it has come to mean two rather different things. "n one hand, the politics of universalism, emphasi#ing equal dignity of all citi#ens, and the politics has been the equali#ation of rights and entitlements. $t has been e%panded from equali#ation of civil rights and voting rights into the socioeconomic sphere. "n the other hand, the development of the modern notion of identity has given rise to a politics of difference. &veryone should be recogni#ed for his or her unique identity. 'ith the politics of dignity what is established is meant to be universally the same, an identical bas(et of rights and immunities) with the politics of difference, what is as(ed to recogni#e is the unique identity of this individuals or group, their distinctness from everyone else * aylor +,,-:./0. Thus the construction of a nation state as Colombia firstly loo;s at the uni3ersalistic notion of dignity life through the respect for human rights and the fulfilment of basic human necessities for all citi)enships+ This has been
A

Col+ Const+ Art+ 6+

<=

constructing through the democratic proBect since independence process that rise national 3alues of being Colombian+ Secondly the recognition of Colombia as a pluralCethnic country rise the necessary recognition of different 2ays of life/ respect for social and economical autonomy on territory and the de3elopment of o2n cultural 3alues+ .o2e3er/ minorities groups ha3e been e*clude from social and economical benefits Gpolitics of dignityC/ as 2ell as the minimal protection of their integrity as groups Cpolitics of differenceC+ Although the current policy legally include a chapter that rule the 2ay as minorities groups should be treated/ in practice these groups has been marginali)ing from public dialogue in name of Othe national interestP+ Although this is not the space to debate post and cons of the uni3ersalistic 3ision of recognition/ itDs necessary to say that this notion has narro2ed the space for minorities groups to de3elop their o2n 2ays of life and their notion of de3elopment (Taylor <554)+ According 2ith TaylorDs (<554: **) analysis/ Jthere are forms of liberalism of equal rights that can restrict space to distinct cultural identities1+ This can be applied in Colombia 2here the inequalities bet2een the a3erage Colombian citi)en and minorities groups such as indigenous peoples and afroCcolombians ha3e steadily increased o3er time Gpresented in chapter fourthC/ ignoring their status that gi3e them special protection but also some responsibilities o3er territory and the de3elopment of their o2n 2ays of life+ This brings to the Kheart of the question of ho2 rightsCliberalism is related to di3ersity1 (Taylor <554: 8@)+ #n TaylorDs analysis a society can be organi)ed around a definition of good life/ therefore a Kliberal society needs strong collecti3e goals/ in this 3ie2/ pro3ided it is also capable of respecting di3ersity/ especially 2hen dealing 2ith those 2ho do not share its common goalsH and pro3ided it can offer adequate safeguards for fundamental rights1 (Taylor <554:85)+ .o2e3er he distinguishes Kthe fundamental liberties/ from pri3ileges and immunities that are important/ but can be re3o;ed or restricted for reason of public policy1 (#bidem)+ !n this basis/ mining public policy in Colombia has been pri3ileged large scale gold e*ploitation o3er traditional and artisanal mining/ the de3elopment of producti3e sector as agriculture and local industry/ conser3ation of 2ater and en3ironment/ as 2ell as human rights and fundamental rights of local people 2hich/ in some cases/ ha3e been displaced from territory+ Thus/ as is presented belo2/ the restriction of en3ironmental/ social and ci3il rights create a 3ery sensible terrain 2here moral inBustice can arise+ .ere / the politics of difference and itDs Kstruggle for recognition can find only one satisfactory solution/ and that is a regime of reciprocal recognition among equals1 (Taylor <554:89) but also the recognition of traditional 2ays of li3e and the necessary autonomy and capabilities to de3eloped it as a feasible public policy+ #nter alia/ this implies the implementation of participatory mechanism in decision ma;ing process/ <5

equal representation of society and an open dialogue among public/ pri3ate and social organi)ation that allo2 mechanism of accountability and equal respect+ This lead to the equal 3alue of different cultures and the recognition of multiculturalism/ as 2ell as the necessity of pre3enting the imposition of some cultures on others/ and 2ith the assumed superiority that po2ers this imposition+ #t presumes that the demands of multiculturalism rest in the same principles of equal respect (Taylor <554)+ .o2e3er i#n 'atin America/ 2hich is characteri)ed by high cultural di3ersity/ some states promote legal recognition of multiculturalism has been promoted in their in political constitutions through recognition of multiculturalism and the bill of rights/ although in practice the mechanism of participation restrict and ignore those minorities groups from spaces for public dialogue+ Thus and 2hat Taylor calls principles of equal respect and 2hat the constitution recogni)e as an essential 3alue: Cdemocratic participationC ha3e been constantly ignore+ Thus Taylor1s theory of recognition falls shortH first on the special status of minorities groups due to historical e*clusion and marginali)ation of these groups that required special attention from the state/ and second the practical relationship bet2een groups in society that ha3e different goals and hardly consider interest of less po2erful groups in society+ This trend pushes implementation and de3elopment of main stream models o3er alternati3es and traditional systems of de3elopment+ .ere .onneth1s theory of recognition may print some important points of 3ie2 into the analysis+ #n the same line .onneth1s (499<) points out that the moral quality of social relation goes beyond the distribution of material goods and/ ho2e3er he argues that the Jrecognition of the dignity of indi3iduals and groups forms a 3ital part of concept of Bustice1 (ibidem: A8)+ Thus cases of
inBustice may arise 2hen central aspects of personal 2ell being are ignored/ and

this disregard pro3ides the ;ey to connect morality and recognition+ As 2as presented abo3e/ morality represents the social measure of 2hat it1s right and 2hat it1s 2rong and for recognition/ .onneth ta;es .egel1s approach and identify three forms of reciprocal recognition: 1irst, in which two sub2ects reciprocally accept their specific sets of needs, so that they can attain emotional security in the articulation of their physical drives. his mode of reciprocal recognition cannot be generali#ed beyond the circle of primary social relationships, apparent in affective ties such as family, friendship or love. he second sub2ect3s awareness is the legal order. 'e are here dealing with the denial of rights and with social e%clusion, where human beings suffer in their dignity through not being granted the moral rights and responsibilities of a full legal person within their own community. And third, recognition that allows sub2ects to value in each other those qualities 49

which contribute to the reproduction of the social order. o the e%tent to which this form of recognition has to presuppose the crucial e%perience of shared duties and responsibilities, it includes, in addition to the cognitive element related to ethical concerns, the affective dimension associated with solidarity (.onneth 499<:A6C=). .onneth (499<) argues that selfCreali)ation needs the three forms of recognitionH the first one in order to encourage subBect1s steam and personal 3alues/ and the later t2o 2hich rest in the moral order of society+ Thus Jin the face of gro2ing economic inequality/ it 2ould be dangerous and ris;y to suggest that the recognition of personal or collecti3e identity alone could form the goal of a Bust society1 (.onneth 499<:84)+ .onneth completes his analysis arguing that these three patterns of recognition: Appear to provide the formal conditions for interaction, within which human beings can be sure of their dignity and integrity. $ntegrity is here only meant to indicate that sub2ects are able to rest secure in the (nowledge that the whole range of their practical self-orientation finds support within their society. 'henever they participate in a social life world in which they encounter those three patterns of recognition, in whatever form, they can then relate to themselves in the positive modes of self-confidence, self-respect and self-esteem. his line of argument leads to some normative implications that would require us to widen our familiar concept of social morality, since the normative aim of undistorted recognition cannot be encompassed fully by the concept of 2ustice without having to be reconstructed from within the framewor( of a formal conception of the good life (#bidem 89)+ This analysis points out three realms of study on recognition issues+ "irst the rele3ance of identifying and de3eloping the three types of recognition in order to ensure dignity on people and groups/ second the moral 3alue that society needs to achie3e in order to de3elop and integral notion of social Bustice/ and third the ac;no2ledge that recognition is a precondition to material redistribution in order to achie3e equality and social Bustice+ #t prints essential elements of analysis to the current case study that sho2s the achie3ement of t2o of the three types of recognition but lac; of equal representation and 3alue among social groups+ !n this theoretical frame2or;/ the study of cases of social inBustice allo2s identifying the hierarchy in society/ the 2ay as po2er interest run/ real space for participation/ ho2 policy is rule beyond legal and formal documents and the recognition and respect for different 2ay of life+ This is part of 2hat this document attempt to present+

4<

2.! Integrating recognition$ redistribution and participation

#ris 0oung (<559) made the earliest direct challenge to theories of Bustices based solely on issues of distribution+ She loo;s at Jho2 the current malCdistribution gets producedL #nstead of central questions of distributional Bustice that loo;s at 2hat is the best model of distribution/ 0oung as;s not only 2hat distribution loo;s li;e/ but also 2hat determines poor distribution1 (Schlosberg 4996:**)+ J0oungDs argument is that 2here social group differences e*ist and some groups are pri3ileged 2hile others are oppressed/ social Bustice requires e*plicitly ac;no2ledging and attending to those groups1 differences to undermine oppression1 (#didem)+ She loo;s at the cause of unBust distribution the lac; of recognition on group differences/ hence to resol3e inequity problems it1s necessary to 2or; on equal recognition of groups and a3oid oppression+ Thus 0oung attempts to resol3e problems of malCdistribution but focus on recognition of indi3iduals and groups as subBects of social and material oppression+ Another important academic that has been 2or;ing on issues of redistribution and recognition as problems on social Bustice is $ancy "raser+ "raser (<558: 75) focuses in demonstrating that JBustice requires both redistribution and recognition/ as neither alone is sufficient1+ !n that purpose/ she differentiates socioeconomic inBustice and cultural inBustices/ although she says that that differentiation is more analytical than practical because the t2o are intert2ined ("raser <558)+ This analytical differentiation is useful in the light of identifying and loo;ing for remedies that palliate cases of inBustice+ .o2e3er/ she argues that Jthe emancipator aspects of the t2o problematics should be integrated in a single/ comprehensi3e frame2or;1 ("raser <557: 8) that contains both claims for social equality and for the recognition of difference+ #t is 2hat she calls the bivalent idea of Bustice+ "raser ta;es distance from Taylor and .onneth and ma;es her o2n argument on recognition as question of social status/ instead of the identity model proposed by both theorists+ She argues that identity model is mainly focus on group specific moral identity so it construct moral pressure on indi3iduals to construct group identity 2hich can by problematic because it can deny the comple*ity of people1s li3es/ a3oid the interaction bet2een groups promoting separatism and denying internal heterogeneity 2ithin groups ("raser 499<: 4A)+ Therefore "raser (499<: 4A) proposes that 2hat requires recognition is the status of groups1 members as full partners in social interactions/ the status model+ "or this model Jmisrecognition and status subordination in3ol3es institutionali)ed patterns of cultural 3alue constituting some actors as inferior/ e*cluded/ 2holly other or simply in3isible/ hence as less than full partners in social interaction1 (#bidem). Thus/ according to "raser/ claims 44

for recognition Jaimed not at 3alori)ing group identity/ but rather at o3ercoming subordination1 ("raser 499<: 48)+ Recognition in the status model see;s Jto establish the subordinated party as a full partner in social life able to interact 2ith others as a peer1+ They aim to JdeCinstitutionali)e patterns of cultural 3alue that impede parity of participation and to replace them 2ith patterns that promote it1 (#bidem)+ To sum up/ on status model "raser de3elop the bi3alent idea that differentiates socioeconomic inBustice and cultural inBustices but at the same time integrates those ideas on one frame2or;+ This frame2or;/ status model/ has the normati3e core in the conception of parity of participation) that it to be possible needs least t2o conditions must be satisfied: 1irst, the distribution of material resources must be such as to ensure participants3 independence and voice. his is called the ob2ective condition of participatory parity. $t precludes forms and levels of material inequality and economic dependence that impede parity of participation. $n contrast, the second condition requires that institutionali#ed patterns of cultural value e%press equal respect for all participants and ensure equal opportunity for achieving social esteem. his is called the intersub2ective condition of participatory parity. As she constantly argues neither alone is sufficient+ The first condition bring consideration of better economical and social distribution 2or;ed on theory of redistributi3e Bustice/ and the second condition brings into focus the status order of society and to culturally defined hierarchies of status/ concepts 2or;ed on theory of recognition+ Therefore/ "raserDs (499<: @<) formula to identify 2hich ;ind recognition people need depends on the nature of the obstacles they face 2ith regard to participating as a par 2ith others in social life/ participatory parity. 4Redistribution claimants must show that e%isting economic arrangements deny them the necessary ob2ective conditions for participatory parity. Recognition claimants must show that institutionali#ed patterns of cultural value deny them the necessary intersub2ective conditions. $n both cases, therefore, the norm of participatory parity is the standard for warranting claims. $n both cases, too, participatory parity serves to evaluate proposed remedies for in2ustice3 ("raser 499<: @4)+ ,eyond group identity of blac; communities and their legal recognition/ "raser1s status model helps to analyse the interaction bet2een social groups/ the go3ernment and pri3ate organi)ations in order to identify ho2 inBustice arise/ and 2hich could be possible remedies to o3ercome Jinstitutionali)ed patterns of cultural 3alue that impede parity of participation and to replace them 2ith patterns that promote it1 ("raser 4@

499<: 48)+ #n that sense/ it is important to focus on those interactions in order to de3elop this theoretical frame2or; on the conte*t of the current case study+

2.' +nal1tical 0rame3or#

Although the theories of distribution and recognition gi3e essential elements of analysis/ the status model 2ill guide the analysis of this research+ Through this case study one attempts to loo; at the social relations bet2een people and public and pri3ate organi)ations in order to determine ho2 en3ironmental inBustices loo;s li;e in Colombia+ The first step is de3eloping the participatory frame2or; of ,C in mining proBects+ #t implies to identify and understand ho2 these communities are in3ol3ed in the decisionCma;ing process/ as 2ell as their fundamental and human rights to PC+ The second step is to identify public and pri3ate organi)ationDs responsibilities/ in order to identify ho2 each of them faced participation of the C'T in the mining e*ploration and e*ploitation proBect CC as 2ell as loo;ing at interactions bet2een them+ And the third step is to identify and understand ho2 en3ironmental inBustice loo;s li;e through the communityDs claims and loo;ing through redistribution/ recognition and participation interaction+

4A

Chapter ! "lac# communities$ mechanism o% participation and gold mining in Colombia

This chapter attempts to understand ho2 ,C are organi)ed/ ho2 they are normati3ely recogni)ed and 2hat are the mechanism that these communities ha3e in order to participate in decisionCma;ing / as 2ell as those mechanisms that could be used to protect their fundamental rights+ This research does not 2ant to ma;e an analysis of the ideal conditions for participation/ instead it 2ould li;e to present the 2ay participation is regulated in Colombia and the specific responsibilities that public organi)ations ha3e to recogni)e and in3ol3e ethnic groups in those proBects and issues that directly affect them+ This chapter presents the legal frame2or; that recogni)es this community and the schemes of participation that permit their inter3ention in administrati3e decisions and proBects regulated in the Constitution and 'a2+ .o2e3er/ in practice ,C still are subBect of marginali)ation/ e*clusion and invisibility5 in society (%e "riedemann <55@/ scobar <55=/ Arocha 4995)/ Thus misCrecognition and malCdistribution e*ceed the reductionist definition based on state legal centralism 2hich fails to recogni)e ho2 societies are increasingly regulated by more than one legal system (%e Sousa and RodrQgue)CNara3ito 4998)+

!.1 7ormative recognition o% blac# communities

$ormati3e recognition of ,C is tied to the constitutional reform process of <55<+ .o2e3er/ as documented by scholars such as Arocha and %e "riedemann (<558) and Camacho (<556)/ the process of inclusion and recognition of AfroCColombians had to be accompanied by the influence of social mo3ements/ contestations/ long debates in the assembly and the support of indigenous representati3e+ $g12eno (4996) argues that before the Constitution of <55< afroC Colombians ha3e not had legal and political instruments for protection of their territory+ #nstead/ since <=59 the indigenous people ha3e had a legal instrument G'a2 =5 of <=59C of protection against inter3ention of the state and pri3ate firms in their territory+ .o2e3er/ the Constitution of <55< still pri3ileges and gi3es maBor recognition to indigenous groups+ Thus as
8

The Iord in3isibility 2as used by %e "riedemann in anthropological 2ay+ She argues that historical economical/ social and cultural process de3eloping by AfroCColombians ha3e been deny o3er time+

48

Arocha (4995) argues/ afroCColombians ha3e been Jrecogni)ed1 through indigenous social and economic organi)ations+ Although the court has interpreted afroCColombiansD rights in the light of those rights gi3en to indigenous groups/ the main achie3ement of afroC Colombians in the constitution 2as the transitory article 88 2hich allo2s the enactment of 'a2 69 of <55@+ This la2/ as 2ill be discussed belo2/ de3eloped cultural and territorial rights of ,C+

"onstitutional re ognition an+ rights

The Constitution of <55< 2as a milestone in the legal recognition of Colombia as a multicultural country and outlines special rights for both indigenous and ,C (Arocha<554/ Iade <558)+ The Constitution recogni)es Colombia as a pluralCethnic and pluralCcultural country7 and creates spaces in order to de3elop culture and selfCdetermination of indigenous and AfroC Colombians+ Also some rights 2ere created around language and dialects 6/ the education system that respects their cultural identity =/ equality in recognition of cultural manifestations5/ and the right to political participation 2ith t2o seats in congress Cc6mara de representantes-+7. Also Articles @@9 and @45 of the Constitution constrain public authorities to inter3ene in ethnic territories according 2ith their fundamental human rights+ This means their right to be different/ as the 2ay to guarantee sur3i3al of cultural and ethnic richness of Colombia (Constitutional Court 4995)+ Moreo3er/ the transitory article 88 of the Constitution of <55< << ordered to de3elop a la2 2ith the aim to recogni#e the right to collective property of the 89 which occupy uncultivated lands in the rural #ones ad2oining the rivers of the :acific 8asin/ as 2ell as establishing mechanisms to protect the cultural identity and the rights of these communities and to foster their economic and social development (Colombian Constitution <55<)+

Afro#"olom$ian legal frame,or-

7 6

Col+ Const+ Art+ 6+ Col+ Const+ Art+ <9+ = Col+ Const+ Art+ 7=+ 5 Col+ Const+ Art+ 69+ <9 Col+ Const+ Art+ <67+ << According 2ith Iade (4994)/ the gains 2on here for blac;s 2ere the result of blac; protest and political mobili)ation Rthe transitory article 88 2as included in the ne2 Constitution after some effecti3e protest/ including the occupation of public buildings+

47

After negotiations bet2een the state and blac; organi)ations the transitory article 88 of the Constitution 2as later formali)ed into 'a2 69 of <55@ (Iade 4994)+ This la2 de3eloped cultural and territorial rights of ,C+ The process of construction of that la2 allo2s people to organi)e themsel3es and create spaces to e*ercise the constitutional rights granted to ,C and the defense of their territories/ as 2ell as assuming a leading role in the struggle for the social control of the territory as a precondition for the sur3i3al/ reCcreation/ and strengthening of culture ( scobar 4998)+ The process of the construction of 'a2 69 helps ,C to organi)e themel3es/ as 2ell as recogni)ing territory as those spaces used to satisfy community needs and for social and cultural de3elopment (#bidem)+ 'egally and politically/ it is the territory 2here ,C ha3e de3eloped their identity and culture that re3ol3es around food/ means of 2or; and production/ social interrelationships/ relationship 2ith nature and music+ This lays foundation and essence of ,C1 identity and continued struggles for recognition as legitimate settlers of their space/ free determinants of their o2n de3elopment as a community/ and recognition of collecti3e property o3er their territory+ The la2 69 stipulates four principles that directly gi3e recognition to AfroCColombians<4: (i) recognition and protection of cultural and ethnic di3ersityH (ii) respect for integrity and dignity for cultural life of these communitiesH (iii) equal participationH and (i3) protection of en3ironment according 2ith their o2n relations 2ith nature+ Also Arocha (4995) argues that 'a2 69 emphasi)es si* big inno3ations: recognition and legitimation of afroCColombian ethnicityH collecti3e entitlement of ancestral territoriesH sustainable management of territoryH creation of communitarian councils in local and national le3els in order to de3elop the model of participatory democracy of constitutionH the right to their o2n education that includes their African pastH and finally/ participation in formulation of national de3elopment plan+ #n relation 2ith mechanism of participation of ,C/ the 'a2 69 <@ specifies that e*ploitation of natural resources could not put in ris; the cultural/ social and economic integrity of ,C+ "urther/ 'a2 55 of <55@ stipulates the participation of ,C in the regulation of all issues related 2ith the management and conser3ation of natural resources+ As scholars of the branch of OBust sustainabilityP in (nited :ingdom and the uropean (nion ad3ocate/ schemes of participation should be tied to en3ironmental rights and regulations on sustainable de3elopment (Agyeman and 3ans 499A)+ Also in Colombia/ one sector 2ith representation and participatory mechanisms of participation to ,C is the
<4 <@

'a2 69+ Art+ @+ 'a2 69+ Art+ AA+

46

en3ironmental sector (Asher 4995)+ ,C ha3e one seat in the en3ironmental council+ Also the Ministry of n3ironment in coordination 2ith these communities has to promote proBects of sustainable de3elopment/ conser3ation and management of 2ater 2ith these communities <A+ #t is through PC that these communities can inter3ene in proBects on their territories/ as 2ill be further discussed belo2+

'nternational instrument of human rights

The con3ention <75 of the #nternational 'abor !rgani)ation passed in <5=5 is the first binding con3ention that de3eloped the rights of indigenous peoples and tribal or minority groups+ This con3ention 2as ratified by Colombia through 'a2 4< of <55@+ This international instrument of human rights applies for minority groups and 2hose status is regulated 2holly or partially by their o2n customs or traditions or by special la2s or regulations<8+ #n addition to the measures that the go3ernment has to ta;e in order to ensure the protection of tribal groupsD rights/ the go3ernment has to pre3ent discriminatory action against these peoples/ as 2ell as respecting their social/ cultural/ religious and spiritual 3alues and practices/ on the basis of difference+ Article 7 of the con3ention stipulates that three procedural conditions should be applied by the go3ernments+ The first is to ensure the peoples consultation 2hene3er consideration is being gi3en to legislati3e or administrati3e measures 2hich may affect them directly+ The second are on the adequate means by 2hich peoples can freely participateH and the third is the importance of encouraging peoplesD o2n institutions and initiati3es<7+ This instrument 2or;s on tribal peoples1 recognition in t2o directions+ !n one hand/ it attempts to create an equal status of these peoples o3er regulation and la2 granted by other members of the population+ !n the other hand/ it see;s the reali)ation of the social/ economic and cultural rights of these people 2ith respect to their social and cultural identity/ in light of their differences+ #n the second part of the con3ention it 2or;s directly on land issues+ #t ma;es rele3ance to peopleDs cultural and spiritual 3alue o3er land+ #t also claims legal possession o3er the territory that these groups occupy <6+ The con3ention ma;es allusion on those cases 2here go3ernments has o2nership o3er mineral resources and subsoil and gi3es rele3ance to the
<A <8

'a2 55+ Art+ 65+ Con3+ <75+ Art+ <+ <7 Con3+ <75+ Art+ 7+ <6 The con3ention e*plicitly calls for identify the land 2hich tribal groups traditionally occupy/ it in order to guarantee effecti3e protection of their rights of o2nership and possession+ #n Colombia that responsibility is in the Ministry of #nterior+

4=

procedures through 2hich the go3ernment has to consult people+ #t also states that peoples affected by mining acti3ities shall recei3e a fair compensation for any damage 2hich they may sustain in result of such acti3ities+ #t1s possible to see that the con3ention tries to recogni)e tribal groups1 rights in t2o 2ays+ !n one hand/ it ta;es into account their social/ economical/ religious/ spiritual differences/ 2hich has to be respected+ !n the other hand/ it as;s for better life conditions such as health and education in economic plans+ Recogni)ing their aspirations to e*ercise control o3er their o2n institutions/ 2ays of life and economic de3elopment and to maintain and de3elop their identities/ languages and religions/ 2ithin the frame2or; of the States in 2hich they li3e+ #n terms of theories of recognition it too; TaylorDs idea of the creation of different society through the legal frame2or;/ and also influences the creation of spaces for participation but as equals 2ith other groups in society+ #tDs important to loo; at the con3ention in the creation and constitution of representati3e institutions of these peoples since it1s through the institutions that groups are allo2ed managing their status in society+ Also it1s important to mention the significance of selfCdetermination of these people1s priorities+ .ere/ the con3ention calls to reinforce their identity as indi3iduals but also as groups that identify each other as equals+

!.2 8ecognition o% blac# communities in mining polic1

.and in hand 2ith liberal political 3ie2 2hich recogni)es multiculturalism and participatory democracy/ the Colombian constitution of <55< created the necessary elements to allo2 the neoCliberal economic proBect to be implemented<=+ "ree business enterprise 2as allo2ed and the apparatus of the state 2as concei3ed to facilitate economic acti3ities<5+ Regarding the mining sector/ Colombia as 2ith other 'atin American countries/ used the political ideal of indi3idual freedom as a fundamental precept of socioCeconomic prosperity (.ar3ey 4998)+ The main argument of the go3ernment to ta;e possession of minerals is that the subsoil belongs to the nation/ and the deposits of minerals need to be e*tracted in order to share that 2ealth among the entire nation+ .o2e3er/ as 2as presented abo3e/ 2hen territory belongs ethnic groups the state has to guaranty not only fulfillment of the norms/ but also protect them according 2ith
<=

$eoliberal proBect 2hich Colombia has chosen is 2hat %a3id .ar3ey identify as a theory of political economic practice that propose that human 2ellCbeing can best be ad3ance by liberating indi3idual entrepreneurial freedoms and s;ills 2ithin an institutional frame2or; characteri)ed by strong pri3ate property rights/ free mar;ets/ and free trade (.ar3ey 4998: 4) <5 Col+ Const+ Art+ @@@ and @@A+

45

constitutional mandates+ (nfortunately/ as ,ebbington (4999/ 49<<)/ ,ridge (4994) and ,ury (4998) ha3e been arguing in 'atin America/ spaces that are occupied by indigenous Sand other ethnicT groups ha3e been systematically and repeatedly disad3antaged by national de3elopment models/ denying the rights to de3elop their o2n social and economic systems/ li3elihood and control o3er territory+ #n Colombia/ legal mining frame2or; is gi3en by the 'a2 7=8 of 499< 2hich regulates all issues related 2ith mining+ Through this la2 the state 2as concei3ed to play a passi3e role and directs the system to be unfolding under the free play of mar;et forces 2hich are no2 open to national and international players ("ierro 49<4)+ Thus mining sector in Colombia made a transition from state in3estor 2hich highly protected the sector through a scheme of partnerships bet2een public and pri3ate capital/ to a state 2hich ser3es as facilitator and supervisor in the development of mining pro2ects, at the same time it encourages private investment both efficiently and categorically ((PM 4997)+ This ne2 mining code sought to promote mining all around the country and e*pressly mentions that: no activity of prospection, e%ploration or e%ploitation or physical possession of minerals, whatever their age, duration or characteristics, confer any right or priority to acquire the mining title or oppose proposals from third parties 49+ The rights of mining e*ploration and e*ploitation only can be acquired by mining concession 2hich is a2arded under the principle of first in time, first in right+ Although these changes promote pri3ate in3estment in mining/ the chapter >#& of the mining code stipulates all concerns about ethnic groups+ According to this/ in order to preser3e cultural integrity every mining e%plorer or e%ploiter has the obligation to conduct its activities in a manner that does not erode the cultural, social and economic values of ethnic communities that traditionally occupy the area ob2ect of mining entitled -++ "urthermore/ it specifies that ,C must be respected in their identity and the traditional 2ay that they implement mining acti3ity 44+ .ere/ the right of priority to obtain mining concession inside ,CD territory is established 4@+ .o2e3er/ the mining code also mandates that the communities that do not request mining concessions on time can lose their right of priority o3er concessions and the concession can be granted to anyone else 2ho requests it4A+ Thus these communities are obligated not only to request concessions

49 4<

'a2 7=8+ Art+ 7+

'a2 7=8+ Art+ <4<+ 44 'a2 7=8+ Art+ <@9+ 4@ 'a2 7=8+ Art+ <@@+ 4A 'a2 7=8+ Art+ @8+

@9

for e*ploitation of minerals but also to implement the acti3ity in order to ;eep the mining rights granted48+ .o2e3er/ the decisionCma;ing process of mining proBects only permits the participation of ,C in studies of formulation of the #A that should be super3ised by the Ministry of n3ironment+ The Ministry of Mines (4996/ 49<9) constantly argues that the measure to fulfill the Con3ention <75 has to be applied according 2ith each countryDs characteristics+ Thus in its 3ie2/ this process cannot be an obstacle to implement an acti3ity that is legally defined as public interest acti3ity+ The MinistryDs concern is not about implementation of PC but 2hen it should be implemented+ Additionally/ according to the constitution and legal frame2or;/ the obligation of PC only applies on the assumption of mining e*ploitation+ According to the Ministry of Mines/ PC is not necessary in mining concession process/ but in en3ironmental licenses 2hich permit to begin the e*ploitation stage+ This 3ie2 is supported in en3ironmental and mining guidelines 2hich 2ere made by the ministry of Mines and the Ministry of n3ironment 2ith the international cooperation of Canada+ !n behalf of the mining sector/ the ne*t subsection sho2s the decisionCma;ing process in mining proBects+

!.! Decision ma#ing process in mining

The ne*t graph sho2s the relation bet2een stages of mining proBects and mining and en3ironmental acti3ities that has to be fulfilled by their promoters+ The essential stages of mining proBect are prospection/ e*ploration/ e*ploitation and close and abandon+ Prospection in Colombia can be implemented by any person or firm 2ithout any legal requirement+

Figure 1 Stages of a mining project

48

#f mining acti3ity is not implemented in three years/ lose the rights grant by mining authority+

@<

S tages Prospection

Mining activities Mining Concession

Step I. Geological exploration soil. Step II. Geological exploration subsoil.

Environmental management Env. Culture

MiningEnvironmental Guidelines

Exploration

Step III. Asses of geological model Step IV. Wor Plan !P"#$ !" ec%nical and economical viabilit&$

Environmental Impact Assessment

Approval of P"# and Issued of Environmental license S teps' (uilding)or s Exploitation "ransformation

Exploitation

Implementation of Management program

Source: Ministry of Mines and Ministry of Environment, mining environmental guidelines (2003).

!n the contrary/ e*ploration acti3ity can be implemented only by those people that ha3e a mining title or mining concession+ This concession that 2ill be e*plained belo2 gi3es the rights to reali)e this acti3ity e*clusi3ely and carries out the necessary studies to determine the mining potential of a deposit+ Thus/ mining concession holders can ma;e the necessary geological studies of the soil and subsoil in order to predict the potential of the deposit and complete the necessary studies to formulate the Jplan e*ploitation 2or;s1 (P!T for Spanish acronym)+ P!T is an essential document because it defines the 2ay the 2or;s on e*ploitation stage 2ill be implemented/ this document has to be accepted by the mining authority+ Regarding en3ironmental acti3ities mining concessions are allo2ed to implement necessary studies to formulate the #A as prerequisite for obtaining en3ironmental licenses before e*ploitation acti3ities+ n3ironmental and mining guidelines state that during e*ploration acti3ities local community has to be informed about the obBecti3es and the scope of proBect+ #n the case of reali)ing acti3ities inside pri3ate property the o2ner of the property has to be directly and effecti3ely informed+ Although the socioCeconomic and en3ironmental impacts of e*ploration ha3e small social and economic impacts/ at least compared 2ith e*ploitation acti3ities/ it defines the 2ay in 2hich the mining proBect 2ill be implemented+ #tDs on the basis of e*ploration results that the proBect is formulated and planned+ "or that reason participation on this stage is essential+ As 2ill be present belo2/ public organi)ations in3ol3ed in the process such as Ministry of Mines/ Ministry of #nterior and Ministry of n3ironment ha3e to be informed about the settlement of ethnic groups @4

since mining concession is required+ Thus since the beginning of a proBect public organi)ations are informed+ .ere the institutional strength plays an essential role in respect to the recognition of ,CD 3alues and human rights+ #n addition to the institutional strength/ the political and administrati3e 2ill in3ol3e ,C in decisionCma;ing process determinate the le3el of recognition or misrecognition of those communities+ Although the guidelines are 3ery limited in scope and content of participatory schemes during e*ploration stage/ as 2as presented abo3e/ norms and Burisprudence ha3e 2or;ed to e*tend those issues+ Also the responsibilities among institutions are defined in order to ensure respect for norms and people+ !b3iously the gap bet2een norms and practice is huge/ but it is the concern of ne*t chapter 2here the case 2ill be present and analy)ed+ $o2/ one 2ants to present the process of t2o essential steps in implementation of mining proBectsH mining concession and #A+

Mining "on ession

Mining concessions are regulated by the mining authority 2hich is the Ministry of Mines+ 'egally this is a contract bet2een the state and a firm/ a person or a community 2ith the aim of reali)ing the necessary studies and e*ploration 2or; to e*ploit minerals in a specific area 47+ This is the starting point to begin any mining proBect because it grants the necessary rights to ensure e*clusi3e mining inter3ention in an area+ Thus mining acti3ity implemented by other people or firms inside this specific area could be penali)ed46 as rules that criminali)e this acti3ity are being more and more strict+ The ne*t figure sho2s the necessary steps to fulfill this process+ The norm defines this process as promptly and effecti3ely as possible in order to facilitate the issuance+ The first step is to request the concession+ The proposal has to contain 2here the proBect is located/ e*tension of the area/ the minerals to e*ploit/ ethnic groups 2ith permanent settlement/ areas 2ith legal restriction of mining e*ploitation/ terms of reference and mining guides that 2ill be used in e*ploration 2or;s/ maps 2ith technical specificities/ and a technical appendi*4=+ Regarding en3ironmental issues/ the proposal has to include the respect en3ironmental guidelines+

Figure 2 Mining Concession Process

47 46

'a2 7=8+ Art+ <A+ 'a2 7=8+ Art+ <85C<78+ 4= 'a2 7=8+ Art+ 46<+

@@

Inform presence of E t%nic groups

* e+uest and proposal

Inform ot%er P ublic #rgani,ations-P #.

!12 da&s$

P #/s opinion

Assessment Admission of proposal

!12 da&s$

C orrections #ppositionsact

!32 da&s$

C oncession0 register and insurance

E xploration !1 &ears$
Prior C onsultation

Source: Ministry of Mines and Ministry of Environment, mining environmental guidelines (2003).

!nce the proposal is submitted/ the mining authority has to inform the Ministry of #nterior 2hich is responsible for all concerns about ethnicity and the Ministry of n3ironment or local en3ironmental authorities 2hich are responsible for all concerns about en3ironmental issues+ Public organi)ations ha3e @9 days to send any obBection or inform about any concern on the process+ Then the mining authority has to assess proposal and additional information/ as 2ell as require correction to the proposal if necessary+ "inally the mining authority admits or reBects the proposal+ Regarding ethnic groups/ mining concessions do not need PC 2ith ethnic groups+ .o2e3er/ these groups ha3e to be informed about the concession process in their territories in order to enforce the priority right of mining concession45+ !nce one community informs their interest in enforced priority rights/ they ha3e t2o months to send the proposal and request mining concessions@9+ Although the norm does not establish the procedural to inform ethnic communities about their priority right for mining concession/ the Court stipulates that the community has to be informed about the proposal of mining concessions and the 2ays that the community has to directly manage and e*ploit the natural resources on their territory @<+ The go3ernment has the responsibility of gi3e 2ide information to communities in3ol3ed+ According 2ith the mining legal frame2or;/ PC has not been carry out/ although all public organi)ations are in3ol3ed and communities should be informed about the proBect in order to be in3ol3ed in e*ploration stage+ .o2e3er/ the Ministry of Mines (4996) has argued that they do not ha3e
45 @9 @<

'a2 7=8+ Art+ 468+ 'a2 7=8+ Art+ <@+ Sentence CC=5< of 4994+

@A

any responsibility 2ith that process that itDs the Ministry of #nterior 2ho implements it+

Environmental li ense
#n Colombia/ n3ironmental licenses are regulated by the Ministry of n3ironment and local en3ironmental authorities@4+ The inter3ention of any of these organi)ations depends on the scale of the proBectH thus a proBect that e*pects to remo3e material o3er 4 million tons per year has to be assessed by the Ministry of n3ironment/ other2ise the competent organi)ation is the local en3ironmental authority+ The 'a2 55 of <55@@@ rules general concerns on en3ironmental issues and the act 4=49 of 49<9 regulates en3ironmental licensing specifically+ According 2ith this act/ en3ironmental license is the authori)ation for implementing any proBect that could lead to deterioration of the en3ironment+ Through this license the necessary measures to pre3ent/ mitigate/ compensate and manage the e*ternal effects of the proBect o3er en3ironment and people are defined+ The en3ironmental license is a prior condition to ma;e effecti3e the rights granted by mining concessions in the e*ploitation stage+ Thus their issue is compulsory for all mining proBects in the country+ The ne*t figure sho2s the en3ironmental licensing process+ According 2ith act 4=49 an en3ironmental license has to incorporate t2o essential studiesH first the study of alternati3es and the second the n3ironmental #mpact Assessment@A+ .o2e3er/ study of alternati3es is not required on miming proBects@8+ #n relation 2ith #A/ in order to facilitate and simplify the process the Ministry of Mines and the Ministry of n3ironment ha3e defined the standards and ha3e designed guidelines and terms of references 2hich ha3e to be follo2ing by entrepreneurs or any person interesting in de3eloping a mining proBect+ These preCestablishing documents contain technical/ social/ economic and en3ironmental requirements that ha3e to be fulfilled during e*ploration acti3ities and all requirements that ha3e to be included to the a2ard of #A and P!T+

@4

'ocal en3ironmental authorities or Corporaciones AutFnomas Regionales are locating in each department of the country and ha3e Burisdiction o3er territory of department+ These organi)ations are in charge of implementing public policy formulated by Ministry of n3ironment and regulate and super3ise all concerns on en3ironmental issues+ @@ 'a2 55+ Ar+ A5G74+ @A n3ironmental #mpact Assessment G #AC is the e3aluation of the effects li;ely to arise to a proBect significantly affecting the en3ironment+ #t is the systematic process for considering possible impacts prior to a decision being ta;en on 2hether or not a proposal should be gi3en appro3al to proceed (Eay et al/ 4996)+ @8 Act+ 494= of 49<9+ Art+ <=+

@8

Figure 3 Environmental Licensing Process

*e+uest of Environmental license

Prior Consultation

Ministr& of Interior/s certification

EIA Proposal

!35 da&s$

Information ot%er Public organi,ations

!12 da&s$

P#/s opinions

Assessment #f EIA

!35 da&s$

*e+uest of additional information

!62 da&s$

Environmental 4icense approval

Source: Ministry of Mines and Ministry of Environment, mining environmental guidelines (2003).

#n order to assess 2hether or not it is necessary to implement PC/ the en3ironmental authority has to be informed about the inhabitance or not of ethnic groups in the area of the proBect+ This certificate has to be issued by the Ministry of #nterior+ This document is required and determinate of super3ision and assessment of PC in this process@7+ !nce #A has been sent/ the en3ironmental authority ( A) has 8 days to start the process and <8 days to inform other public authorities about the process+ These authorities ha3e 49 days to send information that they considered pertinent for the process+ After those 49 days/ A can request to the claimant additional information+ Then 2hen all information has been recei3ed the A has 48 days to ma;e a decision about the feasibility of proBect+ !n regard of participation of people/ the article <8 of the act 494= stipulates that the community has to be informed about impacts and scope of the proBect/ and PC has to be implemented 2hen the proBect is located inside ethnic groupsD territory+ Thus/ although the licensing process has not had any mention to PC/ this process has to be enforced according to 'a2 55/ 'a2 69 and Act+ <@49+ Although there e*ists a debate about the steps 2here it is necessary to promote participation in the process/ the increasing consensus is that participation and public hearing gi3es the necessary feedbac; to shape #A/ promote best practices and educate people and public organi)ations in the en3ironmental a2areness (Eay et al+ 4996/ Nlasson and Sal3ador/ 4999/
@7

Act+ 494=+ Art+ 4A+

@7

.olmC.ansen/ <556/ Nlasson and Sal3ador/ 4999)+ #t is also a tool used to e3aluate the transparency and equity of #A systems (Toro et al+ 4995)+ .o2e3er/ as Toro et al+ (4995) argue in Colombia the criterion of public participation is considered only to be partially fulfilled+ n3ironmental authorities ha3e an important role in management and conser3ation of natural resources but also in the regulation of mining acti3ity according 2ith essential features of ecosystems and impacts of the acti3ities+ $ational and local en3ironmental authorities enable or reBect en3ironmental impact assessments of mining proBects as essential requests to obtain an en3ironmental license+ Thus en3ironmental authorities ha3e an important role in decisionCma;ing processes of the implementation of mining acti3ities in the country+

@6

Chapter ' (arginali)ation and E*clusion o% +%ro, Colombians

This chapter attempts to conte*tuali)e 'a Toma district as a community that is part of the process of de3elopment of AfroCColombianDs identity in the Colombian pacific/ and their struggles for being recogni)ed as legitimate inhabitants of their territory+ The first section describes some essential features of the districtH peopleDs relation 2ith mines/ traditional production system TPS and ho2 it influences their identity+ Then some features of marginali)ation and e*clusion of AfroCColombians 2ill be presented as an introduction of the most recent struggle of this community against misrecognition of their fundamental rights+ This case study 2ill be di3ided into t2o sections: The first one co3ers the legal process of mining titles that include mining concessions and en3ironmental licenses in order to e*ploit gold in 55 .a inside the area of ;a oma district+ This period sho2s the interplay among institutions in3ol3ed in mining acti3ities and also ho2 a mining title holder can handle organi)ations and norms in order to enforce mining rights granted by mining concessions+ #t e*emplifies the po2er that mining authority gi3es through mining concessions/ as 2ell as the empo2erment and disempo2erment that regulation gi3es and remo3es from sta;eholders in3ol3ed in this acti3ity+ The second period that is presented in chapter fi3e/ reports the accin de tutela that had to be used by the community in order to protect their human right of PC+

../. %a !oma +istri t0s so ial an+ e onomi mo+el

The district of 'a Toma is located in the northeast of the department of Cauca Gsee appendi* <C+ #t has an area of 6+999 hectares/ 2here <+@99 AfroC Colombian families li3e and share the territory since <7@7+ The community is engaged in acti3ities such as agriculture/ fishing and in particular/ artisanal mining 2here they ha3e their means of subsistence (Sembrar 49<9)+ Nold e*traction is the community1s main economic acti3ityH ho2e3er they identify themsel3es as agro-mineros Gagricultural minersC (&ele) et al+ 49<<)+ According to historians/ 'a Toma 2as constitute 2hen many sla3es left the cuadrillas Cthe basic organi)ation of sla3e laborC and stayed in this place 2or;ing in mining (#bidem)+ #n the mines each member of the cuadrilla has a specific function: the men clean the terrain/ see; timber to build houses and boats/ 2hilst 2omen and children go to the chagra Gpeasant farmC to do @=

the agricultural acti3ities (#bidem)+ Thus the cuadrillas led to a producti3e labor and social structure 2here social/ familiar and cultural relationships 2ere strengthened (#bidem)+ Similarly in the municipality men and 2omen ha3e been de3eloping ancestral mining not Bust for li3elihood/ but also as a social and cultural structure through 2hich their identity 2as constructed+ As 'isifrey Ararat/ president of communal council of 'a Toma/ said: we always have been saying: mining in northern 9auca is what has allowed us to stay in time, to live as a people. <ot only is it an economic activity. $t is also a learning activity (Taller sobre minerQa ancestral 49<9 cited by !%R 49<<)+ As scholars argues/ different from the colonial conceptuali)ation of sla3ery as an essential 2or; to support the economy during the colonial period (RoBas 499=)/ mining acti3ity acquired another connotation for sla3es because around it that they constructed their o2n social and genetic net2or; (%e "riedemann <55@)+ Permanence of afroCColombians in the territory 2as possible/ inter alia/ for t2o reasons: first because after deli3ering the gold they produced/ they 2ere allo2ed to 2or; on the land/ as 2ell as managing to buy some plotsH and second because the implementation of artisanal mining by ,C 2as done in a sustainable 2ay+ This community still applies ancestral ;no2ledge in the e*ploitation of minesH ;no2ledge that had allo2ed e*ploitation of gold o3er three centuries+ As Plutarco Sando3al/ leader of the :roceso de 9omunidades <egras *:9<0.// highlight/ ma(es no sense to compare large scale mining and artisanal mining. ;arge scale mining is not sustainable. 'e have to be cra#y to deplete water sources, natural resources =...> $t ma(e nos sense to end life for profits (Taller sobre minerQa ancestral 49<9 cited by !%R 49<<)+ People in the community also e*press their essential ties constructed through mining and said that it helped them to sur3i3e from the economic hegemonic process+ #t also constitutes a threat to the sur3i3al of tradition/ culture/ identity and means of life as 2ell as the conser3ation of nature in those territories+ Thus any struggle for territory goes beyond a plot of land/ it in3ol3e three centuries of traditions and culture/ as 2ell as the physical presence in the territory+ 'and acquires a connotation that in3ol3es much more 3alue than the simple price recei3ed by the e*ploitation of the mineral or promises of social in3estmentUde3elopment+ This is also e*plaining by scobar et al+ (4998) as the 2ay as ,C and indigenous people ha3e maintained distinct material and cultural practices in relation 2ith the rest of the nation+ The traditional production system (TPS) of ,C is recogni)ed to contain their o2n forms of ;no2ledge and rationality/ as being the basis for food security and conser3ation ( scobar 499=)+ TPS 2as recreated from the
@6

The PC$ is the national association that groups <49 communities that 2or; for the recognition of AfroCColombiansD rights of all around the country+

@5

biodi3ersity conser3ation proBect for the pacific/ :royecto 8iopac?fico (P,P)+ This proBect 2as Bointly formulated 2ith acti3ist and through the con3iction that the communal production system associated with the collective territories of the ethnic communities should be seen as the nucleus of the strategy for the conservation and sustainable use of biodiversity in the region-territory of the pacific (SVnche) <55= cited in scobar 499=)+ "or the bio-cultural territory of the pacific a TPS 2as define as the comple% ensemble of form of (nowledge and practice of gathering, production, transformation, and distribution of goods that are characteristic of ethnic groups and peasant communities) these forms are closely related to the availability of natural resources and to the dynamic and natural cycles of the ecosystems in which peoples life, and which constitute the productive basis of the said systems (#bidem) The ne*t figure sho2s this TPS 2here agriculture occupies the prominent position follo2ing by fishing/ collecting/ and hunting+ scobar (499=) argues that together/ these four acti3ities constitute the basis of most systems+ The ne*t category is e*tracting acti3ities/ particularly mining and forest products+ "inally there are some complementary acti3ities/ such as rising small animal species/ handicraft/ and some ser3ices/ such as ri3er transportation and tourism+
Figure 2 Traditional production system of t e !lac" communities of t e pacific#

Source: Project Biopacific (PBP 1998) cited in Escobar ( !!8)

The ne*t map sho2s cartography of 'a Toma district+ #t demonstrate importance of territory as a 2hole socio/ economic/ and cultural system that is based in the sustainability of en3ironmentH respecting ecosystems and ta;ing from it means of subsistence not producing for accumulation+ These systems reduce peopleDs dependence on outside inputs/ use lo2Cintensity technologies/ and ha3e a high ecological and production efficiency 2hen there are able to maintain their di3ersity+ As they become increasingly A9

speciali)ed/ they lose the adaptati3e capacity/ and their ecoCsystemic efficiently diminishes (#bidem)+ %esign of P,P interpretate TPS as strategy for in the situ conser3ation of biodi3ersity+ .o2e3er it needs territorial control/ a relati3e equilibrium in the intensity of the use and ecosystem capacity/ and an underlying net2or; of social relations that that ma;e it 2or;able (#bidem)+

A<

Map 1 Spatial integration of t e collective territories of t e !lac" communities of t e pacific region#

Source: Centro de studios Sociales (C S)+ (ni3ersidad $acional de Colombia (49<<)

'.1 .a /oma district

The district of 'a Toma is located in the northeast of the department of Cauca Gsee maps appendi* <C+ #t has an area of 6+999 hectares/ 2here <+@99 AfroCColombian families li3e and share the territory since <7@7+ The community is engaged in acti3ities such as agriculture/ fishing and in particular/ artisanal mining 2here they ha3e their means of subsistence (Sembrar 49<9) Gsee cartography appendi* 4C+ Nold e*traction is the community1s main economic acti3ityH ho2e3er they identify themsel3es as agro-mineros Gagricultural minersC (&ele) et al+ 49<<)+ The TPS of communities from the Colombian pacific is briefly described in the appendi* A+ TPS e*emplify PolanyiDs argument that although the mar;et became a predominant system o3er the past t2o centuries/ the economy is A4

an instituted process and the mar;et is only one 2ay of organi)ing the economy (cited in scobar 499=)+ According to historians/ many sla3es left the cuadrillas Cthe basic organi)ation of sla3e laborC and stayed in these places 2or;ing in mining (&ele) et al+ 49<<)+ #n the mines each member of the cuadrilla has a specific function: the men clean the terrain/ see; timber to build houses and boats/ 2hilst 2omen and children go to the chagra Gpeasant farmC to do the agricultural acti3ities (#bidem)+ Thus the cuadrillas led to a producti3e labor and social structure 2here social/ familiar and cultural relationships 2ere strengthened (RoBas 499=)+ Similarly in the municipality men and 2omen ha3e been de3eloping ancestral mining not Bust for li3elihood/ but also as a social and cultural structure through 2hich their identity 2as constructed+ As 'isifrey Ararat/ president of communal council of 'a Toma/ said: we always have been saying: mining in northern 9auca is what has allowed us to stay in time, to live as a people. <ot only is it an economic activity. $t is also a learning activity (Taller sobre minerQa ancestral 49<9 cited by !R% 49<<)+ As scholars argues/ different from the colonial conceptuali)ation of sla3ery as an essential 2or; to support the economy during the colonial period (RoBas 499=)/ mining acti3ity acquired another connotation for sla3es because around it that they constructed their o2n social and genetic net2or; (%e "riedemann <55@)+ Permanence of AfroCColombians in the territory 2as possible/ inter alia/ for t2o reasons: first because after deli3ering the gold they produced/ they 2ere allo2ed to 2or; on the land/ as 2ell as managing to buy some plotsH and second because the implementation of artisanal mining by ,C 2as done in a sustainable 2ay+ This community still applies ancestral ;no2ledge in the e*ploitation of minesH ;no2ledge that had allo2ed e*ploitation of gold o3er three centuries+ As Plutarco Sando3al/ leader of the :roceso de 9omunidades <egras *:9<0.@/ highlight/ ma(es no sense to compare large scale mining and artisanal mining. ;arge scale mining is not sustainable. 'e have to be cra#y to deplete water sources, natural resources =...> $t ma(e nos sense to end life for profits (Taller sobre minerQa ancestral 49<9 cited by !R% 49<<)+ People in the community also e*press their essential ties constructed through mining and said that it helped them to sur3i3e from the economic hegemonic process+ #t also constitutes a threat to the sur3i3al of tradition/ culture/ identity and means of life as 2ell as the conser3ation of nature in those territories+

@=

The PC$ is the national association of <49 communities that 2or; for the recognition of AfroC ColombiansD rights of all around the country+

A@

Thus any struggle for territory goes beyond a plot of land/ it in3ol3e three centuries of traditions and culture/ as 2ell as the physical presence in the territory+ 'and acquires another connotation and in3ol3es much more 3alue than the simple price recei3ed by the e*ploitation of the mineral or promises of social in3estmentUde3elopment+ !n the contrary/ the ne2 Colombian constitution attempts to build a nation neither by integration nor by segregation but by pursuing unity through the preser3ation of ethnic di3ersity (Arocha <55=)+ ,oth the historical process of generating identity through social interaction and dialogue among people (Taylor 499<) and struggles in protection of land 2hich integrate .onnethDs three patterns of recognition ha3e been supporting the selfCa2areness of AfroCColombians and their o2n significance as a culture+ .o2e3er/ as is presented in follo2ing subsection/ perhaps the recognition of their 3alues as a culture does not lie 2ithin these communities but in the 2hole society and institutions+ This is 2here the calls to recogni)e the equal 3alue of different cultures fails+

'.2 E*clusion o% +%ro,Colombian persons %rom economic and social prosperit1

This case opened another chapter in 2hat %e "riedemann (<5=A) calls the $nvisibility@5 of ,C in Colombia/ as 2ell as history of marginali)ation and e*clusion that they ha3e had to endure+ The aftermath of this history of marginali)ation and e*clusion may be obser3ed through social and economic conditions of AfroCColombians+ According 2ith (rrea (4996)/ based on information from a sur3ey of quality of life G C& A9C in 4998 the percentage of people 2ith unsatisfied basic needs G$,#A<C in the country 2as 4A+AMH 2hile it 2as @A+8M for AfroCColombians+ This gap 2as bigger in rural areas/ in 2hich 87+<M of Colombians had unsatisfied basic needs/ 2hile in the case of AfroCColombians that percentage 2as 76+4M+ T2o things are ob3iousH first the number of AfroCColombians 2ithout essential li3ing conditions is bigger than the national a3erage/ and second the rural areas in Colombia are at the bac; of the de3elopmental political proBect+ The same characteristics may be seen in the north of the department of Cauca+ According 2ith the (nited $ations %e3elopment Program G($%PC/ the $,# inde* of Cauca is <5M abo3e the national a3erage+ 3en 2orse/ the li3ing conditions of the municipality of Suare) are the 2orst of the department 2ith 85M of people in the municipality 2ithout their basic needs
@5

#n3isibilidad como borradura de las trayectorias/ presencias y aportes de la gente negra: W'a in3isibilidad que como estrategia de dominio se ha proyectado en tiempo y espacio a lo largo de casi cinco siglos S+++T+ Se apoya en una negaciFn de la actualidad y de la historia de los africanos negros y sus descendientes en AmXricaW ("riedemann/ <5=A: 8<9 cited in Restrepo 49<9)+ A9 ncuesta de Calidad de &ida G C&C+ A< $ecesidades ,Vsicas #nsatisfechas G$,#C+

AA

satisfied+ The ne*t graph sho2s the $,# inde* for nine municipalities of the north of Cauca+ The bottom line sho2s the a3erage inde* in Colombia and the other/ the a3erage in Cauca+
Figure $ %nsatisfied &asic 'eeds in t e 'ort of Cauca

Source: P"#D ( !!9)

Although AfroCColombians ha3e been recogni)ed in their different means of production/ the StateDs duty to pro3ide better li3ing conditions such as health and education for all sectors in society cannot be ignored+ ,ut 2hat is gaining more rele3ance in this research is not only about the unequal distribution of nation prosperity/ but also the marginali)ation from decisionC ma;ing in the use and e*ploitation of natural resources+ Contrary to the model of accumulation promoted by pri3ate entrepreneurs/ the AfroC ColombiansD e*ploitation of natural resources in3ol3es their cultural identity and means of subsistence+

'.! (arginali)ation o% +%ro,Colombian persons %rom 1arit2 1arti i1ate as a 1ee ion
T2o recent episodes that e*clude AfroCColombians from decisionC ma;ing in the de3elopmental process ha3e occurred in 'a Toma+ The first one 2as in <5=A 2hen ;a Aalva2ina dam 2as built+ #t 2as built 2ithout PC of AfroCColombians 2ho li3e in the area of impact of the dam (Torres 49<4/ Arocha 4995)/ although promises of economic and social de3elopment/ as 2ell as better li3e conditions 2ere made+ .o2e3er/ after 47 years of that proBect/ the burden of that construction 2as assumed by local people/ 2hilst the benefits are in hands of dam o2ners/ basically foreigners and multinational companies (Torres 49<4)+ As duard Mina (49<4) leader of 'a Toma said the best gold mines in the municipality of Auare# were flooded by the Aalva2ina. he most productive part of Auare#, which were A8

the slopes of the 9auca River, was flooded as well. $t has caused a great impact on the agriculture of the town A4+ Another e*ample of differential distribution of cost and benefits of de3elopment is e*pressed by another leader of 'a TomaH 'isifrey Ararat (49<9) 2ho e*presses/ here we have ;a Aalva2ina, BC .5 millionD. per year and we are paying for the worst and most e%pensive energy in the country, moreover the village does not have an aqueduct + Scholars such as Arocha (4995) that ha3e document the conflict/ point out that ;a Aalva2ina truncated ancestral mining acti3ity of AfroC Colombians and floods the land 2hich gi3es their means of substance+
AA

The current conflict arises due to an une3en issuance of mining titles o3er territories of indigenous people and AfroCColombians A8+ According 2ith "ierro (49<4) in 49<9/ 4+44M of collecti3e territories of ,C 2ere entitled and 9+=8M of indigenous resguardos+ The ne*t table sho2s the total e*tension of indigenous resguardos and AfroCColombian collecti3e territories and the area entitled for mining purpose inside their territories+ "ierro also argues that it configured an early 2arning for the protection of ,CD rights and the ad3ocacy of their means of subsistence+
Ta!le 1

Mining Titles Inside Ethnic Territories 9lace Indigenous Resguar+os +%ro,Colombians /erritories
Source: $ierro et al% ( !1!)%

E*tension /otal 4=+A<9+=<4 8+4@<+==@

+rea entitled 4A4+@<6 466+=78

: 9+=8 4+44

As a result of these territorial enclosures/ struggles around the e*ploitation of gold in mines 2hich are located inside of indigenous and blac; territory arises+ 'a Toma is one case 2here the state ga3e the rights for e*ploitation of gold to a foreign person 2ithout any relationship 2ith inhabitants of the territoryH territory 2here ,C ha3e 2or;ed for more than @ centuries+ 3en 2orse/ international instruments of human rights and the community1s fundamental rights ha3e been ignored+ Therefore the C'T had to start a legal struggle in order to claim respect for their human rights/ as ancient settlement and property o3er territory/ as 2ell as respect for their o2n 2orldC3ision of life/ nature and de3elopment Gsee appendi* AC+ #n the 2ords of leaders of 'a Toma through a press release of the PC$:

A4

This inter3ie2 in: http:UUnotiagen+2ordpress+comU49<4U9AU94UlaCsal3aBeCsal3aBinaCelCdespoBoCyCelC oroCenCsuare)U A@ The equi3alent in Colombian pesos is Y78+999 million+ AA This inter3ie2 in: http:UU222+youtube+comU2atchL3Z"2gqdTs&e#=[featureZrelated
A8

.o2e3er it is a phenomenon that is happening all around the country+ #t does not respect minorities groups such as peasants and traditional miners (Rudas 49<9)+

A7

As we have reiterated, the eviction of the miners of ;a oma is an act of violation of their fundamental rights. Mining concessions given to foreigners in this territory and violating the right to :9, threatening their tangible, cultural, spiritual and historical way of life. hat concession deprives native people to e%ploit the mineral resource which has been their means of subsistence for centuries. $t affects food security of people, as well as other economic, social and cultural needs of a population that has not recovered from the impacts of the construction and operation of the hydroelectric ;a Aalva2ina yet. &ven more, impacts never have been neither repaired nor compensated *:9< -7+70.DE .ere the lac; of recognition of group differences (0oung <559) in de3elopmental models and "raserDs (<557/ 499<) concept of parity of participation marginali)e AfroCColombians from benefits of natural resources and pre3ents the construction of their autonomous 3ision of the future and hence sur3i3or of culture and communities itself ( scobar 499=)+

'.' Institutional relations';

#n the first period of the legal struggle/ the C'T has not had deep inter3ention in the process+ .o2e3er/ it led to the order of e3iction of persons that 2or;ed in gold mines of the district+ Throughout this process it is possible to identify the institutional mo3ements that foreign entrepreneurs can use in order to appropriate and ta;e control of minerals located inside of ethnic territories+ #t is also the 2ay in 2hich public organi)ations concei3e the rules that normati3ely recogni)es AfroCColombians+ Although Mr+ Sarria 2as granted 2ith a mining concession inside ethnic territories since 4999/ he neither sociali)ed nor did PC 2ith communities that inhabit the territory+ !n the contrary/ he managed a fluid communication 2ith go3ernmental offices such as mining authorities/ en3ironmental authority/ as 2ell as local courts+ As documented in the Budicial record of the accin de tutela, the inter3ention of C'T 2as only to protect them from the imminent e3iction from their territory+ The social relations among sta;eholders help to identify and analy)e "raserDs status model that places misrecognition as the denial of the possibility to participate as an equal and the subordinate status of groups+

A7 A6

The press release in: http:UUes+scribd+comUdocU@7@6<959UAccionC(rgenteC'aCT!MA This section ta;es as essential input the Sentence TCA59@6 of the Supreme Court 2hich resol3es the second instance of the acciFn de tutela and the Sentence TCA8<9AC<9 of the Constitutional Court 2hich re3ie2s the case+ This information is part of the legal record of Constitutional Court+

A6

Ministr2 of 'nterior an+ Justi e

According to this Ministry/ bet2een 4997 and 49<9/ there 2ere eight letters from Mr+ Sarria requesting from the Ministry the necessary certification of 2hether or not ethnic groups inhabit the area of mining concessions+ The first ans2er of the Ministry of #nterior in 4997 announced: after revised institutional databases from national statistical department F GA<&D@-, neither 89 nor indigenous councils are registered in the municipality of Auare#, but according to information provided by the Municipality of Auare#) 89 =...> are recorded in the &l ambo + #n addition said the MinistryH if a mining title overlaps with a blac( community settled in the area of the pro2ect, you must notice it in order to comply with the :9 processA5+ There are many aspects to remar; from this statement+ The first one is that the Ministry is responsible for the protection of ethnic groups/ as 2ell as ensuring implementation of PC/ but does not ha3e a data base 2ith a register of ,C in the country+ The Ministry used information from %A$ 2hich is not the entity in charge of carry such registration/ essentially because gathering information from the census that %A$ manages is not a 3alid register of collecti3e territories of ,C since the census is based on indi3idual titles/ not collecti3es+ Second/ despite the ambiguity of the communication/ the Ministry informed that PC is required 2hen ethnic communities are settled in a territory+ ,ut the Ministry does not monitor the processH rather/ PC 2as discretionally left in hands of Mr+ Sarria+ Third/ the Ministry sho2ed its complete ignorance about :A of ,C 2here the community is spatially organi)ed in multiple subsistence and economic acti3ities in3ol3ing agriculture/ fishing/ hunting/ gathering/ and small scale gold mining and timber collecting for the mar;et ( scobar 4998)+ "or that reason/ as is presented in appendi* A/ persons of a community necessarily does not ha3e permanent permanence in 2hole the territory but as collecti3e territory it is organi)e to maintain subsistence of 2hole community+ After many e*changes of letters/ in 4995/ the Ministry of #nterior decided to 3isit the area+ #n response/ the Ministry recommended Mr+ Sarria to ma;e a meeting to inform them about the mining proBect/ and also suggest implementing PC 2ith the C'T district+ #n the report of that 3isit the Ministry informed that the communitarian council of ;a oma is legally constituted as an Afro-9olombian community+ According to the Ministry of #nterior/ Mr+ Sarria requested to begin PC 2ith C'T/ e3en though he desisted of that process since the verification visit concluded that there was no inhabitance of ethnic groups in the area of
A= A5

%epartamento Administrati3o $acional de stadQstica G%A$ C+ %ocument !"#97C49@8=C% TC<999 issued by the Ministry of #nterior and Eustice on August <5/ 4997+

A=

the pro2ect+ #nstead/ Mr+ Sarria requested the Ministry initiate a sociali)ation program 2ith the C'T district+ This sho2s a constant attempt to ignore the settlement of ,C by Mr+ Sarria/ but also a lac; of diligence by the Ministry in enforcing legal requirements+ The Ministry left all the responsibility of PC in hands of Mr+ Sarria 2hen it 2as recogni)ed that ,C had legal rights in the area+ The Ministry had se3en months to demand implementation of PC and inform communities about the process in order to protect an imminent 3iolation of communityDs rights+ ,ut beyond institutional responsibility/ as "raser (499<) points out in the status model the Ministry did not gi3e to the community the status to/ <) participate in the process and 4) demonstrate their legitimate inhabitance and property o3er territory+ The communication process is such that the community is not allo2ed to inter3ene G thus neglecting any stipulation of prior consent+ Mean2hile/ Mr+ Sarria 2ins the Budicial sentence that ordered to e3ict people from the area+ Although the Ministry 2as informed about the Budicial order/ it ne3er inter3enes in the process/ e3en ac;no2ledging that the process 2as 2rongly made+

%o al environmental authorit2
Although PC ne3er 2as fulfilled as an essential requirement of en3ironmental the local en3ironmental authority G la 9orporacin Autnoma Regional del 9aucaC issued the license in 4995+ n3ironmental authority did not request neither sociali)ation nor PC of the mining proBect 2ith communities/ and issued an en3ironmental license 2ithout fulfilling this essential requirement in the decisionCma;ing process of mining+ This sho2s that this process could be 3ery fragile 2ith regards to the influence of in3estment of great amounts of capital/ as 2ell as political influence in the promotion of a sector that demands competiti3eness in terms of fe2er barriers to implement acti3ities+ #n this case/ there 2as neglect for human rights and respect for ethnic groups1 selfCdetermination and control o3er their territory+ 'ea3ing the sociali)ation and PC of mining proBects in the hands of only one institution has therefore been inadequate+ This institution must deal 2ith pressure of resol3ing the economic/ social and en3ironmental issues of mining proBects/ as 2ell as enforce a multiplicity of norms on all those issues+ #gnoring parity of participation led to misrecognition of the blac; community and also created a case of inBustice due to the 3iolation of the blac; communityDs human rights+ This case e*emplifies ho2 institutional structure and institutional interactions limit en3ironmental Bustice+ A5

Mining authorit2
Mining authority in this case is represented by three different organi)ations+ The first one is the Ministry of Mines 2hich is the entity that designs and guides public policy at national le3el+ The second one is #$N !M#$AS 2hich 2as delegated to issue mining titles/ as 2ell as monitoring their implementation+ And third #$N !M#$ASCCA'#/ branch of the national entity/ 2hich locally ser3es as mining authority+ #n 4997/ #$N !M#$AS granted Mr+ Sarria 2ith the mining license ,"CC94<+ As 2as presented in chapter @ it ga3e Mr+ Sarria mining rights to e*plore the area in order to fulfill requirements such as the 2or;s plan P!T and #A before e*ploitation+ Although/ #A is a responsibility of en3ironmental authority/ the P!T 2as ne3er required for mining authority+ !n the contrary/ #$N !M#$ASCCA'# protected Mr+ SarriaDs mining rights and obligated the Mayor of Suare) to e3ict people+ ,oth the Ministry of Mines and #$N !M#$AS argue that they are not responsible for the implementation of PC+ Thus they cannot engage on this issue/ on the contrary/ they ha3e to respect mining rights in order to support legal security in the sector+ #n such a 2ay/ once Mr+ Sarria presents en3ironmental licenses the #$N !M#$ASCCA'# authori)es the start of e*ploitation acti3ities+ ,ut due to opposition of people/ this entity/ through an amparo administrativo, ordered Mayor of Suare) to e3ict people from their mines+ The Mining authority granted mining concessions 2ithout informing people in the ground in order to allo2 them to perform their right of priority o3er mining concessions/ and then through an amparo administrativo protecting mining rights of Mr+ Sarria 2ithout any concern of the blac; communityDs rights and necessary performance of P!T+ The question here is if regardless their legal functions can a go3ernmental organi)ation issue an administrati3e act in opposition to human rights and fundamental rights+

Ma2or of muni i1alit2 of Suarez

#n April of 499= the mining authority mandated the Mayor of the municipality to enforce the mining rights of Mr+ Sarria and to e3ict AfroC Colombian miners+ .o2e3er/ the mayor did not emit the necessary act to stop mining acti3ities by ,C+ As the mayor refused stopping mining acti3ities and e3icting people/ Mr+ Sarria used the accin de cumplimiento 2hich is the legal instrument to demand fulfillment of an administrati3e act+ As is presented in the ne*t subsection/ this demand 2as resol3e in fa3or of Mr+ Sarria+ 89

#n response of Administrati3e Court of PopayanDs decision/ in May 4<st of 49<9/ artisanal miners of the area made a strong contestation on a main interCmunicipality road of the department+ At that time/ the mayor of the municipality of Suare) disagreed 2ith the Court\s sentence/ arguing that there is no respect for the natural community of the region who are economically dependent on mining for their livelihood + #n a ne2spaper inter3ie2/ the mayor added this is a serious social problem that cannot be solved behind des(s from $<H&"M$<AA in 8ogot6, or tried in :opayan. 'e are living in a tense situation because these communities have no other way of living, they have lived there for many years ago implementing artisanal mining89 ( lColombiano 49<9)+ This sho2s the parado* that does not ta;e into account local peopleDs 3ocation and de3elopmental process/ but assigns the responsibility of dealing 2ith social/ economic and en3ironmental local conflicts to others+ #t also demonstrates the short influence of local institutions and that those institutions neither are called to participate in mining proBects+

A+ministrative "ourt of 3o1a2an

The Administrati3e Court of Popayan had to resol3e an accin de cumplimiento filed by Mr+ Sarria in order to enforce the act issued by mining authority that ordered the e3iction of miners from the area entitled+ This demand 2as resol3ed in fa3or of Mr+ Sarria/ for that reason on April 49th of 49<9/ the mayor of the municipality had to emit the resolution $o+ 4=7AC@ orderering the immediate suspension of activities in the area, as well as the eviction of people and confiscation of all elements used for such activity+ Although the administrati3e court resol3ed a specific demand to enforce an act/ questions arose about the admissibility of analy)ing the legality of the documents presented by Mr+ Sarria+ "or e*ample/ the correct fulfillments of the en3ironmental license process and the certification of ,C by the Ministry of #nterior+ To 2hat e*tent should the court analy)e and assess the documents presented by Mr+ Sarria or require information from all organi)ations in3ol3ed in the processL #t is an open question to assess the responsibility of this court in the case+

)m$u+sman )ffi e of "au a

89

http:UU222+elcolombiano+comU,ancoConocimientoUMUmineros]protestan]en]suare)]caucaUminero s]protestan]en]suare)]cauca+asp Access in September <9th of 49<4+

8<

The !mbudsman office of Cauca assists the community to file the accin de tutela+ They also testified that the C'T has inhabited the territory for more than three centuries/ and PC 2as ne3er completed+ Although there is rele3ance of the institutional support of the ombudsman office in protecting human right/ unfortunately this organi)ation does not ha3e the capacity to directly protect human rights 3iolations+ ,ut 2ho decides these are the Budges+ .o2e3er/ they ha3e implemented the role of sociali)ation of human rights and effecti3ely used mechanisms to protect it+

"ommunit2 of %a !oma
According 2ith the record of the legal process/ so far/ the community has not been in3ol3ed in the decisionCma;ingH on the contrary/ all actions described before 2ere made in order to a3oid inter3ention of community+ %espite limitation of tal;ing directly 2ith the community/ it is important to present the 3ision and the communityDs thoughts+ A documentary of Minority Rights Nroup #nternational presents an inter3ie2 2here 'icifrey Ararat leader of 'a Toma e*plains their relations 2ith mining authority and some of their claims in relation 2ith ancestral mining+ The inter3ie2 is that follo2: $<H&"M$<AA tells that we are illegal. 'e said that we are legal, because: +0 mining is an ancestral activity, -0 mines are located inside our territory, .0 we have saved it in order to not e%tract all gold at once, and D0 we have struggled we multinationals, not only now, it has been a historical struggle. 1or that reasons we are legal. $<H&"M$<AA told us before that we have to legali#e mines and of course we filed for titles, but by them claims had already been filed for the whole area. Ao those of us who has been mining here for so long. 'e propose for the mining authority to recogni#e ancestral mining and to open an office 2ust to regulate ancestral mining. 8ecause thatIs another thing the mining code assumes equality in the mining situation and how are we going to compare with the multinationalsJ 8ecause putting the ancestral miner on the same level as a multinational is ridiculous. $ am not interesting in getting rich with mines, not at all. $ am interesting in all this community having their savings, and that those savings can help my children, and the childrenIs children, generation after generation. Another thing has happened here we have only ta(en the gold that we need, because our elders also told us something: that is better to have a lea( all the time than a spurt all at once, that you cannot control. hose are our eldersI words, if we loo( at them in todayIs spirit itIs true. Ao for us this is life, it is our permanence over time. 1or 84

us mining is not an economic activity, for us mining is a cultural activity.

8@

Chapter & De%ining Environmental Justice

This chapter e*amines the issue of community claims e*pressed through the accin de tutela. #n the process it is possible to see the Budge1s different interpretations in three different instances/ as 2ell as the scope of this Budicial action in the protection of human rights and further for the real recognition of ,C and multiculturalism+ #t sho2s the limited scope of accin de tutela/ on one hand/ and the importance of this mechanism in the protection of ethnicity and human rights/ on the other+ This critical 3ie2 does not ignore the rele3ance of the accin de tutela/ ho2e3er it presents some of the limitations in the accurate fulfillment of the recognition of multiculturalism in Colombia+ The ne*t graph sho2s the sequence of the process since the accin de tutela 2as filed+ #t includes t2o instances in ordinary court 2here the tutela 2as denied/ the inter3ention of the :9< in order to inform the Constitutional Court about the case and the Constitutional Court re3ie2 of the accin de tutela+ At the same time/ the community began the legali)ation process of their mines 2ith the mining authority+ Also during this period the en3ironmental authority suspended Mr+ SarriaDs en3ironmental license+
Figure ( Process in advocacy of t e rig t of prior consultation

Source: &ourt's decision ()*+1!,)1!% -.n elaboration%

8A

&.1 A in +e tutela< Communit1=s claims

"acing imminent e3iction/ on May 49th of 49<9 the 9onse2o 9omunitario de ;a oma5+ decided to file the accin de tutela $^ 467<=84 demanding protection of the rights to dignity life and wor(, fulfillment of :9, as well as recogni#ing autonomy over territory and cultural integrity, all them human rights hold by 89 that implement artisanal mining activities in ;a oma+ Through the use of the accin de tutela the community pushed the process outside of mining rules and put it in the terrain of the constitutional precepts84+ The communityDs demands could be categori)ed in three le3els: first/ in terms of dignity and human rights 2hich is a fundamental right of e3ery Colombian+ Second/ in terms of respect for PC as a human right that ethnic communities ha3e+ #t is supported in terms of recognition of multiculturalism and importance of recogni)ing different 3alues and cultures+ #t relates to .onnethDs term of BusticeH the respect in their difference/ as 2ell as "raserDs conceptuali)ation 2here the norm of Bustice is represented through parity participation in decisionCma;ing+ Third in terms of autonomy and cultural integrity/ refering to the right of AfroCColombians to determine their o2n political/ economic/ and cultural futures+ Through these claims it is possible to thin; of remedies for misC recognition and malCdistribution from a uni3ersalistic point of 3ie2 CC from participants1 distincti3eness and their autonomy to de3elop their o2n de3elopmental models and from participatory mechanisms that ensure that communities can participate in decisionCma;ing and that their o2n means of production can be recogni)ed as legitimate and can be integrated in the mar;et model+ This 3ariety of claims generates a comple*ity to harmoni)e the community1s interest in preser3ing cultural integrity+ This is analy)ed belo2/ ta;ing into account the constitutional courtDs decision+

)r+inar2 ourts: from 3o1a2an it2 to the Su1reme "ourt

The accin de tutela 2as reBected t2o times+ The first one by the Supreme Court of PopayVn/ in Eune Ath of 49<9/ 2hich found that the arguments presented for community 2ere not strong enough to pro3e that the rights to PC 2ere not implemented+ Moreo3er/ this court argued that constitutional mechanisms 2ere not the space to discuss the legality of the
8<

The Council of 'a Toma is officially recogni)ed by the municipality of Suare) through ResoluciFn $_ 499@C@C6 of !ctober =th of 499=+ 84 'a2 69 and Act <@49+

88

administrati3e acts demanded+ Also/ 2ithout being part of the case/ this Court decided about the legali)ation process of mines filed by the community/ concluding that that process 2as only applicable to areas free of mining concession+ This act 2as impugned by the community but the national Supreme Eustice Court confirmed the prior act in Eune 44sd of 49<9+ Iithin the Court Ds arguments the C'T had to 2ait until the legali)ation process 2as resol3ed in order to define their economic and litigious rights+ Another argument 2as that the community had to ta;e action through ordinary instruments gi3en by the mining code such as nullity action and restore the right+ Therefore/ according to the Supreme Court/ the tutela 2as not an appropriate mechanism in this case/ trying to ;eep Budicial conflict a2ay from constitutional space and bring it around to ordinary Bustice again+ #n relation 2ith PC/ this Court e*empts any responsibility to the Ministry of the #nterior because they inform Mr+ Sarria the necessity of implementing sociali)ation+ .o2e3er/ the Court did not inquire on the omission of PC by Mr+ Sarria 2hich 2as one of the claims of the demand+ Therefore neither instance resol3es the demand against dignity CC PC or autonomy CC that 2ere central arguments of the community+ $either instance accepted the accin de tutela as a 3alid mechanism to protect communityDs rightsH on the contrary they tried to detract from the constitutional terrain+ #t Ds parado*ical that in the first instance the court did not find enough proof that supports the presence of ,C in the area but accepted the official document from #$N !M#$AS that authori)ed the e3iction of ,C+ #tDs also parado*ical that in the first instance the Budge resol3ed a legali)ation request 2hen it is not of their competenceH but in second instance the same document 2as used by the Budge to a3oid the process from constitutional mechanisms of protection+ ,ut neither in the first instance nor in the second instance did they assess the 3iolation of fundamental rights of the community 2hich 2as the locus of the accin de tutela+

!he onstitutional ourt

The Constitutional Court re3ie2ed the accin de tutela and in %ecember <Ath 49<9 too; the decision of protecting the fundamental rights of the C'T+ The Court re3ersed the sentence of the Supreme Court of Eustice and protected the fundamental rights of PC+ #nter alia/ the court ordered the Minister of #nterior to conduct/ coordinate and ensure PC/ ordered the process ofpreCconsultation/ and ordered the en3ironmental authority to assess the process+ The court also ordered that Mr+ Sarria immediately suspend any mining acti3ity in the district+

87

The court argues that the accin de tutela is the suitable mechanism to protect ethnic groups against 3iolation of PC+ #t also re3ealed its o2n interpretations of the mining rules/ reCshaping mining policy and decisionC ma;ing+

&.2 (a#ing environmental 5ustice< bet3een dignit1$ participation and autonom1

The Constitutional Court1s decision addressed fi3e main issues: (i)the StateDs responsibility to guarantee access to information and participationH (ii) the obligatory nature and specifics of the process of PCH (iii) the minority groupsD rights of being differentH (i3) the harmony bet2een economic de3elopment and sustainabilityH (3) the autonomy and cultural integrity of ethnic groups+ "inally/ an analysis of the CourtDs decision in relation 2ith the community1s claimsH dignity/ participation and autonomy/ is presented belo2+

Dignit2
As the Colombian Constitution offers dignity that the State cannot pro3ide/ the accin de tutela has become an essential mechanism to enforce human and fundamental rights+ As sla3a (4995) argues/ constitutional ground has established a sort of tactical counterChegemonic alliance bet2een the Court and certain social sectors that ha3e been e*cluded or invisibili#ed from de3eloping the emancipatory 3alues enshrined in the <55< Constitution+ Although the court did not touch dignity as an e*plicitly issue/ they consider that it is an essential principle that supports cultural identity and AfroCColombians rights+ As Ra2ls argues/ dignity is a precondition for social Bustice (Cited in Schloberg 4996)+ Thus despite dignity being placed in the common rights that all Colombian citi)ens should encompass/ due to the historical discrimination of minority groups/ the Court has reali)ed that these groups ha3e to be treated economically and socially different in order to trigger their current social position+ .ence it promotes the implementation of redistributi3e policies 2hich/ in "raserDs parity of participation/ is essential to impro3e a communityDs position to participate as a peer+ Thus dignity is ta;en as the honor that e3ery indi3idual should ha3e in society and it is represented 2hen e3ery indi3idual is recogni)ed at least 2ith constitutional rights+

3arti i1ation
86

The Court has argued that the right of participation constitutes the essential instrument to preser3e ethnic/ social/ economic/ and cultural AfroC Colombian1 integrity and 2ithin it depends on their subsistence as social group5.+ .ence the State must ensure that no concession 2ill be issued 2ithin the ancestral territory/ until the study of social and en3ironmental impact is performed+ ,ut in order to ensure effecti3e inter3ention of the community/ a preCconsultation process has to be carried out+ PreC consultation has to define foundational rules and means by 2hich the community may freely participate and de3elop their o2n institutions and initiati3es through the process8A+ The Court tied the StateDs en3ironmental protection duty and the ad3ocacy of social/ cultural and economical integrity of ethnic communities 2ith their right of being consulted and the guarantee of participation and access to information+ Through this process of participation communities ha3e to be informed about positi3e and negati3e impacts in order to preser3e the idiosyncrasy of people+ Thus the acti3e participation of ethnic groups is a ;ey issue in the decisionCma;ing of those proBects to be implemented inside their territories+ The court is highly consistent 2ith legal frame2or;s presented abo3e that recogni)es minority groups+ ,ut perhaps the crucial interpretation on mining policy is/ as mentioned earlier/ that before beginning e*ploration and e*ploitation acti3ities of a mining proBect inside ethnic territories/ the necessary PC must to be done+ Second/ to ratify that P!T and #A ha3e to appro3e before starting any mining acti3ityH and third/ the mining authority has to determine the priority right of ethnic communities+ The blue bo*es in the ne*t figures add the courtDs reCinterpretation of mining decisionCma;ing process+

8@ 8A

Sentences TC<== of <55@H TC@A4 of <55A and S(C9@5 of <556 (cited in Sentence TC675 of 49<<) Con3+ <75+ Art+ 7+ Sentences TC6@6 of 4998 y TC675 of 4995+

8=

Figure ) Mining concession

Inform presence of Et%nic groups

78 8 9 :; < < 9 =

>:?< @< A8W B= C D E F 9 :C 9C <:-W E.

Pre.consultation and C onsultation

!12 da&s$

W E < C :C <:

8 @8: ;@C C<:<? < < 9 =

!12 da&s$

< 8D C<: E < CC <: 9 D

>:;C F 8 :< := 9 D I D <@@ :CC 8 @C :C :F 9 8 9 A9 8 <B8 C :D = ;C :F C :@C :C :F 8 F C 8

!32 da&s$

<:D8 C<:G8FC8 9 :;C : 9 :D 8

=<9 C<: H8 9 G
Prior C onsultation

Source: Ministry of Mines and Ministry of Environment, mining environmental guidelines (2003) and Courts decision !"#$0%!$0. &'n ela(oration.

Figure * Environmental +mpact ,ssessment

78 8 <? D 8 C ?C D 9 C <: : C<:@8: 9==CD8: 8

WC < <: =9 C<:

KC :C <?>: 8C <

8 CF:G C@ =8@8: 9 C<:9:; 8 9= 9 C <:<?> CAD <@@ :CC 8

: A< C A9 < 8 C8 <D8 > W< < 9=

!35

>:?< @9 C <:< A8 WB= C D

!12 da&s$

W E < C :C <:

8 @8: E?>

!35 da&s$

78 8 <?9;;C C <:9= C :?< @9 C <:

!62 da&s$

: C<:@8: 9= JC D 8 : 8 9 < 9=

Source: Ministry of Mines and Ministry of Environment, mining environmental guidelines (2003) and Courts decision !"#$0%!$0. &'n ela(oration.

PC 2or;s as a counterChegemonic against 2hat Polanyi (<554) argues is the deepest fla2 in mar;et liberalism as it subordinates human purpose to the logic of an impersonal mar;et mechanism+ #nstead/ he argues/ human beings should use the instruments of democratic go3ernance to control and 85

direct the economy to meet our indi3idual and collecti3e needs (Cited in ,loc; <554)+ The E frame2or; rests on de3eloping tools and strategies to eliminate unfair/ unBust/ and inequitable conditions and decisions (,ullard <557)+ #n this case/ impro3ed participatory mechanisms can help ameliorate forms of inBusticeH but those forms of inBustice must be addressed in order to impro3e participation (Schlosberg 4996)+ .ence participation is an essential element but not enough in the path of see;ing en3ironmental Bustice+

Autonom2
,oth international Con3ention <75 and the CourtDs interpretation consider autonomy essential in the integral de3elopment of this groups1 sur3i3al of their culture+ The Court points out that it has been demonstrated that there is a longCstanding lin; bet2een the territory and the cultural and economic sur3i3al of the AfroCColombian community settled there+ Moreo3er/ the 3iolation of the right to consultation on e*ploiting natural resource proBects also means the 3iolation of other rights of the people affected/ such as autonomy and cultural integrity+ Ihen communities and local organi)ations in the Alto Cauca claim recognition of their ethnic identity as agro-miners/ they are also demanding autonomy in their traditional production system sho2ing that the territory is the dynamic in 2hich traditional culture shapes local space and 3ice 3ersa(Torres 49<4)+ As Taylor (4999) argues E recogni)es the importance of respecting the cultures of all people/ honoring cultural di3ersity/ and appreciating a 3ariety of belief systems that relate 2ith the natural 2orld practice+ AfroCColombiansD demands CC as Arturo scobar (499=) has 2idely in3estigated CC include autonomy as a maBor component of Bustice/ as sho2n in appendi* A and 8/ and the 3ital importance of control o3er their territory for the sur3i3al of their traditions and culture as a community and their identity+

79

Chapter Conclusions
Colombia has been e*perimenting 2ith a ne2 e*pansion of the mining sector that has created big e*pectations for the go3ernment/ foreign in3estors and society+ The go3ernment lin;s this e*pansion 2ith the possibility of po3erty reduction and social in3estment+ "oreign in3estors see; ne2 opportunities for business in an industry highly attracti3e for international prices of gold and a Ocompetiti3eP local en3ironment 2hich made fle*ible Jrules1 and pri3ileged large scale in3estment (Rudas 49<9/ "ierro 49<4)+ .o2e3er/ this e*pansion has been accompanied by social conflict and political debates around the relations of mining/ human rights/ en3ironmental integrity and de3elopment (,ebbington et al+ 499=) At least/ se3en aspects ha3e led to conflicts due to the dramatic and une3en e*pansion of mining acti3ity: i) a decisionCma;ing process that does not trust in the constitutional precepts such as participatory democracy and human rightsH ii) public organi)ations that does not meet constitutional rules nor equal 3alue of different culturesH iii) a historical e*clusion and marginali)ation of minority groups such as indigenous/ AfroCColombians and peasantsH i3) a lac; of coordination bet2een national and local interestH 3) institutional 2ea;nesses 2hich has led to fe2 a lac; of monitoring in the fulfilment of norms/ as 2ell as corruptionH 3i) a lac; of recognition of traditional production systems and their 3alue in the conser3ation of culture and ethnicityH and 3i) a lac; in recognition of Colombia as a multicultural country as something that is an identify of our society+ Moreo3er/ as Arturo scobar (<558) argues these can become struggles against de3elopment oriented to2ards economic gro2th/ and for de3elopment as a process that fosters more inclusi3e economies/ respects citi)enship rights/ demonstrates en3ironmental integrity/ and allo2s for the coCe*istence of cultures and locali)ed forms of territorial go3ernance (cited in #bidem)+ Although normati3e recognition of ethnic groups in Colombia offers a legal frame2or; for protection of human rights/ it is the o2n recognition and construction of identity that has had strengthened this groups a3oidance of being displace from their territory+ This unity as a group is a long and slo2 process that these groups ha3e gained o3er time and especially since the Constitution of <55<+ #n the struggles for respect o3er autonomy and control of territory the accin de tutela has played an important role in the protection of human rights and enforcement of mechanism of participation+ .o2e3er/ this instrument falls short in the achie3ement in the final purpose of necessary autonomy o3er territory in order to preser3e cultural integrity and sur3i3al of people+

7<

Perhaps the instrument that has supported ethnic groups1 claims for en3ironmental Bustice such as dignity/ participation and autonomy is PC+ Substantially/ PC is a human right recogni)ed by the Constitution/ international instruments of human rights and legal frame2or;+ #t includes the guarantee of access to information in order to assess the ad3antages and disad3antages of proBects and the harmoni)ation of opposing interests such as the use and e*ploitation of natural resources in a sustainable 2ay and ensuring the protection of the integrity of ethnic groups+ Procedurally/ it includes public hearings and other means that guarantee effecti3e inter3ention of communities+ #t is important to equate concepts of PC and en3ironmental Bustice/ as participation is an essential element to accomplish redistribution and recognition in order to achie3e access and control o3er natural resources+ #n the case of minority groups such as #ndigenous and AfroCColombians/ PC is a human right legally recogni)ed by accin de tutela/ but in the case of other minority groups such as peasants and artisanal or small scale miners the legal protection that these groups can recei3e is 3ery restricted+ Thus the recognition of di3ersity 2ithin sectors in society and institutions needs the effecti3e application of participatory democracy in order to be inclusi3e in decisionCma;ing but also it needs the recognition of different cultural 3alues and production systems as real and legitimate social/ economic and en3ironmental alternati3es+ Although normati3e recognition creates the conditions for interaction 2ithin 2hich human beings can be sure of their dignity and integrity (.onneth 499<)/ the mere legal materiali)ation of human rights and fundamental rights of AfroCColombians and #ndigenous groups has partially failed+ The legal struggles that minority groups ha3e had fighting demonstrate that in addition to normati3e recognition/ institutional arrangements ha3e to be done+ #n "raserDs (<55=) 2ords/ it must consider 2hether institutionali)ed cultural patterns of interpretation and 3aluation impede all members of society to interact 2ith one another as peers+ Moreo3er/ as 0oung (<559) argues/ a concept of Bustice needs to focus more generally on the elimination of institutionali)ed domination and oppression+ Parado*ically the main circles of oppression came from the go3ernment 2here political influence and po2er ma;e more difficult to find de3elopmental alternati3es and recogni)e equal 3alue of different cultures+ .ence/ although the literature e*presses the importance of public participation in the decision ma;ing process/ people do not ha3e the final decision in their hands+ As demonstrated/ decisions are ta;en in bureaucratic realms a2ay from the field and disengaged 2ith those directly in3ol3edH the institutional arrangements are made in high circles of po2er that ha3e control o3er administrati3e offices and Budicial courts+ Thus the last decision is political+ 74

%espite this/ the case demonstrates the legitimacy of the demands from grassroots organi)ations/ as 2ell as the possibility of protected human and fundamental rights through accin de tutela+ Moreo3er/ this action reCshapes mining public policy and sets up decisionCma;ing participation in the mining sector+ Thus ne2 challenges in fulfilment of CourtDs decision are not minor but grassroots organi)ations ha3e been demonstrating that they ;no2 their rights and ;no2 ho2 to ma;e them effecti3e+ .ere is important to de3elop the idea of a construction of net2or;s that support social relations bet2een different ;inds of contraChegemonic organi)ations that help to promote the dialogue bet2een different sectors of society and public organi)ations as a peer in order to assert control o3er their o2n space+

7@

8e%erences
Adeola, 1.". *-7770 K9ross-<ational &nvironmental $n2ustice and Luman Rights $ssues A Review of &vidence in the Geveloping 'orldK, American 8ehavioral Acientist D.*D0: E@E-/7E. Agyeman, !., R.G. 8ullard and 8. &vans *-77-0 K&%ploring the <e%us: 8ringing ogether Austainability, &nvironmental !ustice and &quityK, Apace and polity E*+0: //-,7. Arocha, !. *+,,@0 K$nclusion of Afro-9olombians: Bnreachable <ational HoalJK, ;atin American :erspectives -5*.0: /7-@,. Arocha Rodr?gue#, !. *-77,0 K$nvisibilidad y &spe2os :ara ;as 9iudadan?as Afrocolombianas &n GebateK, A 9ontracorriente: Revista de Listoria Aocial y ;iteratura en AmMrica ;atina E*-0: +,+--++. Asher, N. *-77,0 8lac( and Hreen: Afro-9olombians, Gevelopment, and <ature in the :acific ;owlands. Gu(e Bniversity :ress 8oo(s. 8ebbington, A., ;. Lino2osa, G.L. 8ebbington, M.;. 8urneo and O. 'arnaars *-77@0 K9ontention and Ambiguity: Mining and the :ossibilities of GevelopmentK, Gevelopment and 9hange .,*E0: @@/-,+D. 8ebbington, A. *-77,0 K he <ew &%traction: Rewriting the :olitical &cology of the AndesK, <A9;A Report on the Americas D-*50: +---7. 8ebbington, A. and G. Lumphreys 8ebbington *-7+70 KAn Andean Avatar: :ost<eoliberal and <eoliberal Atrategies for :romoting &%tractive $ndustriesK. 8ury, !. *-7750 KMining Mountains: <eoliberalism, ;and enure, ;ivelihoods, and the <ew :eruvian Mining $ndustry in 9a2amarcaK, &nvironment and :lanning A ./*-0: --+-.,. 9amacho, R.:. *+,,/0 K;a 9onstitucin Ge +,,+ y ;a :erspectiva Gel Multiculturalismo &n 9olombiaK, Alteridades /*+D0: +7/-+-,. 9utter, A.;. *+,,50 KRace, 9lass and &nvironmental !usticeK, :rogress in Luman Heography +,: +++-+++. Gecreto +.-7 *+,,@0 KAe Reglamenta ;a 9onsulta :revia 9on ;as 9omunidades $nd?genas y <egras :ara ;a &%plotacin Ge ;os Recursos <aturales Gentro Ge Au erritorioK. Gecreto -7-@ *-7+70 K:or &l 9ual Ae Reglamenta &l itulo P$$$de ;a ;ey ,, Ge +,,. Aobre ;icencias AmbientalesK. Ge 1riedemann, <.A. *+,,.0 ;a Aaga Gel <egro: :resencia Africana &n 9olombia. $nstituto de HenMtica Lumana, 1acultad de Medicina, :ontificia Bniversidad !averiana. Ge Aousa Aantos, 8. and 9.A. Rodr?gue#-Haravito *-7750 ;aw and Hlobali#ation from 8elow: owards a 9osmopolitan ;egality. 9ambridge Bniversity :ress.

7A

&scobar, A. *+,,,0 K9omunidades <egras Ge 9olombia: &n Gefensa Ge 8iodiversidad, erritorio y 9ulturaK, Revista 8iodiversidad *--0: +5--7. &scobar, A., A. :aulson, A. :aulson and ;. He#on *-7750 K he &mergence of 9ollective &thnic $dentities and Alternative :olitical &cologies in the 9olombian :acific RainforestsK, :olitical &cology Across Apaces, Acales and Aocial Hroups. &scobar, A. *-77@0 erritories of Gifference: :lace, Movements, ;ife, Redes. Gu(e Bniversity :ress 8oo(s. &slava, ;. *-77,0 K9onstitutionali#ation of Rights in 9olombia: &stablishing a Hround for Meaningful 9omparisonsK, Revista Gerecho del &stado --: +@.---,. 1aber, G. and G. Mc9arthy *-77.0 K<eo-;iberalism, Hlobali#ation and the Atruggle for &cological Gemocracy: ;in(ing Austainability and &nvironmental !usticeK, !ust sustainabilities: Gevelopment in an unequal world : .@-E.. 1ierro M! *-7+-0 :ol?ticas Mineras en 9olombia. 8ogot6: Gigiprint &ditores, &B. 1raser, <. *+,,50 K1rom Redistribution to RecognitionJ Gilemmas of !ustice in aK:ost-AocialistKAgeK, <ew left review : E@-E@. 1raser, <. *-77+0 KRecognition without &thicsJK, heory, culture Q society +@*--.0: -+-D-. 1raser, <. *-77@0 KAocial !ustice in the Age of $dentity :oliticsK, Heographic hought: A :ra%is :erspective : /-. Hlasson, !. and <.<.8. Aalvador *-7770 K&$A in 8ra#il:: A :rocedures-:ractice Hap. A 9omparative Atudy with Reference to the &uropean Bnion, and especially the BNK, &nvironmental $mpact Assessment Review -7*-0: +,+---5. Larvey, G. *-77/0 A 8rief Listory of <eoliberalism. "%ford Bniversity :ress, BAA. Loffmann, ". *-77-0 K9onflictos erritoriales y erritorialidad <egra, &l 9aso Ge ;as 9omunidades AfrocolombianasK, Afrodescendientes en las AmMricas. rayectorias sociales e identitarias a +57 aRos de la abolicin de la esclavitud en 9olombia : .5+-.5@. Lolm-Lansen, !. *+,,/0 K&nvironmental $mpact Assessment in &stonia and <orwayK, &nvironmental $mpact Assessment Review +/*E0: DD,-DE.. Lonneth, A. *-77-0 KRecognition "r RedistributionK, 9hanging :erspectives on the Moral "rder of AocietyK, in Recognition and Gifference: :olitics, $dentity, Multiculture, ed.A.;ash and M.1eatherstone.;ondon: Aage : D.-55. !ay, A., 9. !ones, :. Alinn and 9. 'ood *-77/0 K&nvironmental $mpact Assessment: Retrospect and :rospectK, &nvironmental $mpact Assessment Review -/*D0: -@/-.77. ;ey /7 *+,,.0 K:or ;a 9ual Ae Gesarrolla &l Art?culo ransitorio 55 Ge ;a 9onstitucin :ol?tica.K. ;ey ,, *+,,.0 K:or la cual se crea el Ministerio del Medio Ambiente, se reordena el Aector :Sblico encargado de la gestin y conservacin del medio ambiente y los recursos naturales renovables, se organi#a el Aistema <acional Ambiental, A$<A y se dictan otras disposicionesK.

78

;ey E@5 *-77+0 K:or ;a 9ual Ae &%pide &l 9digo Ge Minas y Ae Gictan "tras GisposicionesK. McGonald, G.A. *-7+-0 'orld 9ity Ayndrome: <eoliberalism and $nequality in 9ape own. Routledge. Ministerio de Minas y &nerg?a - Ministerio del Medio Ambiente *-77.0 KHuia Minero AmbientalK, Huias Minero Ambientales para &%ploracin y &%plotacin Minera en 9olombia. 8ogot6. <gKweno, 8. *-77/0 urf 'ars: erritory and 9iti#enship in the 9ontemporary Atate. Atanford Bniversity :ress. :<BG *-7+70 K;os Afro-9olombianos 1rente a ;os "b2eticos Ge Gesarrollo Gel MilenioK. 8ogot6: :R"HRAMA G& ;AA <A9$"<&A B<$GAA :ARA &; G&AARR";;". :roceso de 9omunidades <egras *-7+70 K&vitar &l Gesalo2o $legal Ge M6s Ge 5 Mil Afrodescendientes Gel erritorio Ancestral Ge ;a oma, Municipio Ge Auare#, Gepartamento Gel 9auca 9olombiaK. Restrepo, &. *-7+70 KTuiMn $magina ;a $ndependenciaJ Apropsito Ge ;a 9elebracin Gel 8icentenario &n 9olombiaK, <madas : E,-//. Rudas ;leras Huillermo *-7+70 K:ol?tica Ambiental Gel :residente Bribe -77- -7+7K. 8ogot6: 9onse2o <acional de :laneacin. A&M8RAR *-7+70 KGespo2o del erritorio en 9omunidades AfrocolombianasK, 9aso ;a oma Municipio de suare#, Mayo -7+7. Achlosberg, G. *-77D0 KReconceiving &nvironmental !ustice: Hlobal Movements and :olitical heoriesK, &nvironmental politics+.*.0: 5+/-5D7. Achlosberg, G. *-77/0 Gefining &nvironmental !ustice: heories, Movements, and <ature. "%ford Bniversity :ress <ew Uor(. aylor 9. And Hutmann, A. *+,,-0 Multiculturalism andV the :olitics of RecognitionV: An &ssay. :rinceton, <!: :rinceton Bniversity :ress. aylor, G.&. *-7770 K he Rise of the &nvironmental !ustice :aradigm $n2ustice 1raming and the Aocial 9onstruction of &nvironmental GiscoursesK, American behavioral scientist D.*D0: 57@-5@7. orres, $.P. *-7+-0 K'ater Hrabbing in the 9auca 8asin: he 9apitalist &%ploitation of 'ater and Gispossession of Afro-Gescendant 9ommunitiesK, 'ater Alternatives 5*-0: D.+-DD,. scha(ert, :. *-77,0 KGigging Geep for !ustice: A Radical Reimagination of the Artisanal Hold Mining Aector in HhanaK, AntipodeD+*D0: /7E-/D7. PMle# orres $rene, R6tiva Haona Aandra and Parela 9orredor Ganiel *-7++0 K9Artograf?a Aocial 9omo Metodolog?a :articipativa y 9olaborativa Ge $nvestigacin &n &l erritorio Afro-Gescendiente Ge ;a 9uenca Alta Gel R?o 9AucaK, 9entro de &studios Aociales F 9&ABniversidad <acional de 9olombia.

77

Uoung, $. *-7770 K!ustice and the :olitics of GifferenceK, :rincetonW<! . 'ade, :. *+,,50 K he 9ultural :olitics of 8lac(ness in 9olombiaK, American &thnologist --*-0: .D+-.5/. 'ade *-77-0 X he 9olombian :acific in perspectiveY. !ournal of ;atin American Anthropology / *-0:--...

76

+ppendi* 1 (aps
The ne*t map sho2s the location of the department of Cauca in Colombian territory+ #t is located in the basin of the Colombian pacific in the south east of the country+ The red circle mar; territory of this department+
Map 1 Map of Colom!ia

The ne*t map sho2s the territory of the department of Cauca and the location of the municipality of Suare)+

7=

Map 2 -epartment of Cauca

The ne*t map sho2s the territory of the municipality of Suare) and their districts+ #n orange the city center/ in green district of la Toma and in blue ;a Aalva2ina dam+
Map 3 Municipality of Suare. and La Toma district

75

+ppendi* 2 >istor1 o% struggles over land

According 2ith Olands and rightsP88/ conflicts o3er land in 'a Toma district has had long history+ Since <579/ 2hen Alfonso Nutierre) Sarria occupies $orth Iest of 'a Toma in order to promote pri3ate business such as stoc;breeding+ At that time/ the community organi)e themsel3es to defend their territory against the e*pansion of Nuitierre) Sarria/ but the municipal police protect the landholder+ Then/ after <9 years of Budicial confrontation bet2een Nutierre) Sarria and community/ both parts conciliate and a plot of land 2as legally entitled to some members of the community+ #n <565/ the 9orporacin Autnoma Regional del 9auca GC&CC/ the local en3ironmental authority/ began the construction of ;a Aalva2ina dam+ People in 'a Toma complaint about the pressure that they ha3e had to sell the land/ as 2ell as the lo2 price paid for it+ !ne year later/ C&C started to build the dam 2ithout consulate people+ The en3ironmental authority said that it 2as a ser3ice for nation for that reason communities had to cooperate+ Parallel 2ith construction of the dam rumours about free energy supply for all people and a built of school calm the people+ #n <5=8/ the best land and mines flooded forcing people to confinated in the top of the mountain 2here land are much less fertile diminishing producti3e acti3ity from agriculture and mining+ Also relationship in economic and cultural changed because some communities 2ere isolated by the la;e+ Also it promotes a big displacement of people to capital cities such as PopayVn/ Cali and ,ogotV+ !n the contrary/ do2nstream some 2etlands 2ere dried and started the har3est of monoCcrops of sugarcane+ #n <55< starts a proBect to increase the capacity of 'a Aalva2ina+ After ne2 constitution of <55< and the la2 69 of <55@/ the community of 'a Toma made a public hearing 2ith the purpose of stop the 2or;s+ #n <558 community organi)e a ne2 public hearing 2ith authorities from national le3el such as the Ministry of Mines/ Ministry of n3ironment/ the Prosecutor !ffice/ the !mbudsman !ffice+ As a result the Ministry of n3ironment requests a ne2 en3ironmental impact assessment that has to in3ol3e community+ Then in <556/ the results of that ne2 #A from <6 communities consulted <A reBect the proBect/ 4 allo2 the proBect and < declared itself as neutral+ After this year a paramilitary army arri3e in the municipality+ This army groups declared military targets some leaders of the community+ %uring this years started mining prospection in the area/ 2ithout consulate communities+

88

http:UUlandsandrights+blog+comUfilesU49<<U<<U49<<]95]'ineasTiempo'aToma.ormigueroNuachen MC@MA5+Bpg

69

Suddenly/ in 499A some persons and transnational company AngloNold Ashanti arri3e to the municipality holding mining titles+ Peoples organi)ed themsel3es starting a campaign pro defence of the territory+ This campaign strength ties of solidarity among peoples+ #n 4997 the community of ;a oma too; action and starts doing contestation+ The first 2as a stri;e in front of the offices of the en3ironmental authorityH the second a mining 2as organi)ed to meet people from many different communities+ Third a hi;ing pro defence of the territory of 'a Toma+ And forth 2ith occasion of a national mining stri;e in 8 departments/ the case of ;a oma 2as sociali)ed in the permanent people Ds tribunal+ After that the transnational AngloNold Ashanti 2as e*pelled from the territory+ Monitoring mining concessions has had 3ery difficult due to different o2ners are registered but all loo;s li;e be o2ned by the same company+ Current conflicts are: <) the 3illage does not ha3e fresh 2ater/ 4) go3ernment insists in transfer !3eBas Ri3er/ @) management of 'a Sal3aBina did not fulfill prior consultaion of communities/ A) agricultural impo3erishes due to changes in local climate+ Although migration persists/ unemployment in cities forces the return of people to territory+ #t implies in some cases increase of criminality+ Constitutional court emit Sentence TCA8<9AC<9 2here suspend mining concession in the area of 'a Toma and order prior consultation as essential procedure for any mining proBect in the area+ #t is from de3elopment policies applied to the region/ as 2ell as speeches claiming regionalism/ localism/ ethnic identity and the protection of the en3ironment/ the AfroCColombian Pacific identity begins to emerge as strong on stage politicians/ about the late eighties and early nineties (!bser3atorio de %iscriminaciFn Racial/ 49<<)

6<

+ppendi* ! (echanism o% participation and protection o% %undamental rights

Mechanisms of democratic participation of afroCColombians include: <) formulation/ implementation and monitoring of national and regional de3elopmental plansH 4) the issue of legal and administrati3e actsH and @) those proBects inside their territories that directly could affect their culture and integrity+

3rior onsultation 4Free5 1rior an+ informe+ onsent6

The right to prior consultation87 recogni)ed to ethnic communities is a mechanism for reali)ing the right to participation and means protection of other rights (Maya 4995)+ #nternationally prior consultation is regulated by the Con3ention <75 and in Colombia is regulated by the act <@49 passed in <55=/ ho2e3er/ the Constitutional Court has created large Burisprudence on this issue+ The act <@49 stipulates that prior consultation has to analy)e the social/ economic/ cultural and en3ironmental impacts on indigenous or ,C due to e*ploitation of natural resources o3er their territory+ #t has to be performed 2hen any proBect 2ould be implemented inside collecti3e territories of ethnic groups+ The Constitutional Court in Sentence TC675 of 4995 recogni)es that ethnic groupsD claims in prior consultation processes are not binding/ but they can obBect proBects inside their territories+ .o2e3er/ the en3ironmental authority has the final decision for en3ironmental licenses+ According 2ith the Constitutional Court in Sentence TC6@6 of 4998/ before starting prior consultation/ a preCconsultati3e measure is performed in order to set up the rules of the process by all parts in3ol3ed in the proBect+ The n3ironmental #mpact Assessment ( #A) has to be formulated 2ith the participation of the council of blac; communities+ The Ministry of #nterior and the Ministry of n3ironment ha3e to super3ise the processH ho2e3er/ it is the person 2ho o2ns the proBect that is responsible for underta;ing the process+ #n this sense/ as 2ill be present in the case/ it creates a ;ind of discretion in the implementation of the process that could put to ris; their effecti3e reali)ation+
'a consulta pre3ia es un derecho fundamental de las comunidades indQgenas y afroC descendientes/ reconocido y protegido por el ordenamiento constitucional y/ en consecuencia/ e*igible Budicialmente+ ste derecho estV estrechamente relacionado con la sal3aguarda de la identidad diferenciada de estas comunidades/ presupuesto para el cumplimiento del mandato superior de reconocimiento y protecciFn de la di3ersidad Xtnica y cultural de la $aciFn+ 'a consulta pre3ia/ en tal sentido/ es un instrumento BurQdico imprescindible para e3itar la afectaciFn irre3ersible de las prVcticas tradicionales de las comunidades diferenciadas/ que constituyen sus modos particulares de sobre3i3encia como comunidades diferenciadas+ (Sentencia CC@77 of 49<<)
87

64

The Constitutional courtDs decision CC@77 of 49<< stipulates that prior consultation is not a mere formal requirement/ on the contrary/ it is a substanti3e process in order toH <) 2iden and accurately inform communities about proBects that are e*pected to be implemented in their ethnic territories/ and 4) their main target is to agree 2ith ethnic groups/ these groups can discuss proBects and propose alternati3es+ n3ironmental authority has to confirm and assess the process+ Then/ this authority also has to con3ene public hearings 2ith the Ministry of #nterior/ the community and the o2ner of the proBect+ The purpose of this meeting is to ha3e a consensus on the impacts and compromises o3er the measures that 2ill be implemented in order to mitigate impacts+ #n cases of not reaching a consensus/ the en3ironmental authority has to determine 2hether or not to issue the en3ironmental license+ The Court has incorporated the #nterCAmerican Court of .uman RightsD Burisprudence related 2ith the guarantee of adequate participation of ethnic communities in the process 2hich does not limit to prior consultation/ on the contrary the complete reali)ation of prior consultation requires free/ prior and informed consent from interested groups86+

A in +e tutela
#n addition to the bill of rights created by the Constitution/ ne2 procedures 2ere introduced to safeguard different types of rights and interests protected by it+ #ncluding a right to order administrati3e authorities to fulfill their legal mandates in specific situations ( Accin de 9umplimiento)8=/ to protect collecti3e rights (Accin :opular)85/ to secure rights of specific social groups (Accin de Hrupo)79/ and finally the 2rit of protection of fundamental rights (Accin de utela)7< ( sla3a 4995)+ The Constitutional Court 2as created 2ith the specific functions of safeguarding the integrity and supremacy of the Constitution 74/ and the figure of !mbudsman to protect and promote the charter of fundamental human rights7@+ According 2ith sla3a (4995) perhaps the most 3isible ad3ancement in the process of normati3i)ation of the Constitution for the Colombian people
86 8=

Sentence TC675 de 4995+ Col+ Const+ art+ =6+ 85 Col+ Const+ art+ ==+ 79 Col+ Const+ art+ == and 'a2 A64 of <55=+ 7< Col+ Const+ art+ =7+ 74 Col+ Const+ Title 3iii/ Chapter A+ 7@ Col+ Const+ arts+ 4=<C4=@+

6@

at large has been its generous bill of rights and the 2rit of tutela+ #n <55</ the bill of fundamental rights 2as strategically adopted to transcend mere 2ords+ #n order to achie3e this goal/ the 2rit of tutela has played a crucial role+ The 2rit enables any person 2hose fundamental rights are being threatened or 3iolated to request that a Budge 2ith territorial Burisdiction protect that person1s fundamental rights+ Citi)ens may file the claims informally 2ithout an attorney+ The Budge is legally bound to gi3e priority attention to the request o3er any other business+ #n accordance 2ith the requirements of the specific situation under re3ision/ the tutela procedure allo2s the Budge to order the adoption of any measure necessary to protect threatened fundamental rights/ e3en before pronouncing a final Budgment+ "urthermore/ e3ery single tutela can be potentially re3ie2ed by the Court/ 2hich 2ill select those that it considers necessary to correct or pertinent for the de3elopment of its o2n la2 case/ and issue a corresponding Budgment+

6A

+ppendi* ' Socio,economic and environmental s1stem o% blac# communities

Perhaps the most ancient tales about gold e*traction in Colombia could be counted by ,C from the pacific area of the country+ This is because as Arturo scobar (4998) e*plain ,C and indigenous people ha3e maintained distinct material and cultural practices in relation 2ith the rest of the nation/ such as multiple subsistence and economic acti3ities in3ol3ing agriculture/ fishing/ hunting/ gathering/ and small scale gold mining and timber collecting for the mar;et+ ,lac; communities of the Colombian pacific ha3e been ta;ing deep roots on their territories 2here they ha3e been de3eloping their o2n identity and culture+ The ne*t figure sho2s the traditional production system TPS of these communities+ #t 2as represented by Arturo scobar (499=) from the biodi3ersity conser3ation proBect for the pacific/ :royecto 8iopac?fico P,P/ through 2hich the local model of nature into modernity too; a ne2 turn+ This proBect 2as Bointly formulated 2ith acti3ist and through the con3iction that the communal production system associated with the collective territories of the ethnic communities should be seen as the nucleus of the strategy for the conservation and sustainable use of biodiversity in the region-territory of the pacific (SVnche) <55= cited in scobar 499=)+ "or the bio-cultural territory of the pacific a TPS 2as define as the comple% ensemble of form of (nowledge and practice of gathering, production, transformation, and distribution of goods that are characteristic of ethnic groups and peasant communities) these forms are closely related to the availability of natural resources and to the dynamic and natural cycles of the ecosystems in which peoples life, and which constitute the productive basis of the said systems (#bidem) #n TPS agriculture occupies the prominent position follo2ing by fishing/ collecting/ and hunting+ scobar (499=) argues that together/ these four acti3ities constitute the basis of most systems+ The ne*t category is e*tracting acti3ities/ particularly mining and forest products+ "inally there are some complementary acti3ities/ such as rising small animal species/ handicraft/ and some ser3ices/ such as ri3er transportation and tourism+

68

Figure / Traditional production system of t e !lac" communities of t e pacific#

Source: Project Biopacific (PBP 1998) cited in Escobar ( !!8)

Spatially/ this TPS is represented in the ne*t figure+ These systems reduce peopleDs dependence on outside inputs/ use lo2Cintensity technologies/ and ha3e a high ecological and production efficiency 2hen there are able to maintain their di3ersity+ As they become increasingly speciali)ed/ they lose the adaptati3e capacity/ and their ecosystemic efficiently diminishes (#bidem)+
Figure 0 Spatial integration of t e collective territories of t e !lac" communities of t e pacific region#

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Source: Project Biopacific (PBP 1998) cited in Escobar ( !!8)

%esign of P,P interpretate TPS as stategy for in the situ conser3ation of biodi3ersity+ .o2e3er/ this strategy requires territorial control/ a relati3e equilibrium in terms of intensity of use and ecosystem capacity/ and an underlying net2or; of social relations that ma;es the system 2or;able (#bidem)+

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+ppendi* & Cartograph1 .a /oma District

The ne*t map sho2s the traditional production system in 'a Toma district+ #n blue are represented 'a Sal3aBina dam and other streams that sho2 the 2ater 2ealth in the region+ The TPS is integrated for agriculture/ forest/ fishing and mining+ Areas for specific acti3ities are represented in different colours/ and community life in traditional farms all around their territory+ Also is possible to identify facilities such as a school+ TPS in 'a Toma e*emplifies social/ economic and cultural structure of collecti3e territories of AfroCColombians in the pacific+ A system that is based in the sustainability of en3ironmentH respecting ecosystems and ta;ing from it means of subsistence not producing for accumulation+ #t is 2hat has been help in preser3ation of territory+
Map $ Traditional Production System in La Toma -istrict

Source: Centro de studios Sociales (C S)+ (ni3ersidad $acional de Colombia (49<<) 6=

+ppendi* +utonom1< lin#ing li%e pro5ect and political pro5ect o% blac# communities
,lac; communities in the Colombian pacific ha3e been increasing their a2areness and interconnections bet2een territory/ culture and political strategy+ As is sho2n in appendi* 8/ the blac; communities1 life proBect is based in the territory 2hich is seen as the space of effecti3e appropriation of the ecosystem/ as the space used to satisfy community needs and to bring about social and cultural de3elopment+ The regionCterritory/ on the contrary/ is concei3ed of as a political construction for the defence of the territories and their sustainability+ #t attempts to articulate the life proBect of the communities 2ith the political proBect of the social mo3ement+ Thus the political strategy of the regionC territory is essential to strengthening specific territories in their cultural/ economic/ and ecological dimensions+ Thus throughout the <559Ds/ :roceso de 9omunidades <egras PC$ acti3ist highlighted three interrelated guidelines for local action: the life proBect of the communitiesH the territory as the space that sustains the life proBect and as a planning unit in the frame2or; of la2 69H and the organi)ational process centred on the appropriation and social control of the territory and as the basis for food security/ selfCsubsistence and autonomy+ This conceptuali)ation is point out by Arturo scobar (499=) in ne*t figure+
Figure 11 &asis for culturally and environmentally sustaina!le development# Matural resource sustainabilit& S elf.subsistence And conservation Group vision of "%e future S elf.management And governabilit&

Well (eing !4ife proLect$

Autonom&

" erritor& !Political proLect$

Cultural diversit& And Multi.activities

#rgani,ation and solidarit&

Et%no.territorial organi,ation

Appropriation and social Control of t%e territor&

S ource' Escobar !N22O' 3PO$

Internal development of t%e blac communit& " erritorial appropriation and conservation of nature

Source: )roceso de Comunidades *egras (P&" !!*) cited in Escobar ( !!8)

65

The PC$ adopted a set of politicoCorgani)ational principles that/ in the acti3istD 3ie2/ encompassed the practice/ lifeC2orld/ and desires of the blac; communities+ These principles concern the ;ey issues of identity/ territory/ autonomy/ and de3elopment+ # 2ould transcript principles concern 2ith territory and autonomy+
.. Autonomy *the right of e%ercise of beingWidentity0. 'e understand autonomy in relation to the dominant society, other ethnic groups, and political parties. $t arises out of our cultural logic. hus understood, we are autonomous internally in the political realm, and aspire to social and economic autonomy. D. 9onstruction of an autonomous perspective of the future. 'e intend to construct an autonomous vision of economic and social development based on our culture and traditional forms of production and social organi#ation. he dominant society has systematically imposed on us a vision of development that responds to its own interest and worldview. 'e have the right to ma(e (nown to others the vision of our world, as we want to construct it. (Cited in scobar #bidem)

scobar (#bidem) argues that another important emphasis is the need to construct autonomous 2ays of thin;ing/ being and doing+ The idea of the groupDs o2n thought has been important throughout/ and it is seen in relation to the need to defend the life proBect of the communities+

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