2017 Afro-Colombian Briefings Choco Fashion Gold mining Human Rights Land News

A River with Rights: Community Response to illegal Gold Mining in Chocó, Colombia

The
Afro-descendant and Indigenous communities dwelling alongside the River Atrato in Chocó,
because of the state’s failure to behave to guard their rights, selected to make use of
constitutional regulation, a “Tutela”, in an
try and pressure the state to adjust to its obligations to guard their
elementary rights and the rights of the river. On 10 November 2016, they gained a
landmark determination from the Courtroom Sentence T-622. On this sentence, the Courtroom
launched the idea of biocultural rights into Colombian constitutional regulation,
thereby recognising the direct interdependency between nature, pure
assets and the cultures of ethnic communities and Indigenous Peoples. The Courtroom
discovered that the authorities had did not adjust to their constitutional
obligation to take concrete and efficient measures to cease the unlawful gold
mining actions, which had precipitated a humanitarian and environmental
disaster within the Atrato river basin, its tributaries and the encompassing
territories. It was one of many first sentences on the planet to be issued by a
courtroom on the bio-cultural rights of a river.

The main target of
this text is to look at the authorized motion taken by the communities in an
effort to deal with the humanitarian and environmental disaster they have been dealing with. The
Afro-descendant and Indigenous Communities of Chocó, represented by the Consejos Comunitarios and ethnic
networks with legal professionals from the NGO Centro
de Estudios para la Justicia Social Tierra Digna (Tierra Digna), realised
the one efficient and sustainable means of addressing the issues they confronted was
petitioning the Constitutional Courtroom to order the Colombian State to dismantle the
unlawful gold mining, protected or owned by unlawful armed teams, and to halt
the unlawful deforestation; to deal with the shortage of primary providers; and to wash
up the environmental degradation brought on by the illicit economies.  In contrast to some other Colombian division, 97 per
cent of the inhabitants of Chocó is indigenous or
Afro-descendant, dwelling on collectively owned territory.

Chocó is a distant tropical cloud forest area of Colombia and one in every of
the highest ten hotspots on the earth for its biodiversity (Important
Ecosystems Fund 2005), with 98% of
its territory granted in collective possession to indigenous and Afro-descendant
populations. In Chocó there are 120 Resguardos
(indigenous Reserves) and 70 consejos
comunitarios mayores (governing our bodies of Afro-descendant collective
territories), masking 96% of the tasteless within the Chocó Division.

Background

The Fuerzas Armadas
Revolucionarias de Colombia (FARC), the most important of the guerrilla teams in
Colombia, withdrew from Chocó following the signing of the Last Peace Accord in
November 2016. Nevertheless, the interior armed battle continues in Colombia; the
major unlawful armed teams  are the Ejército de Liberación Nacional (ELN),
the most important guerrilla group after the FARC, and the neo-paramilitary teams. In
2017, Colombia registered the second highest variety of individuals internally
displaced on the earth [IDMC 2017].  The failure
of the state to occupy the facility vacuums left by the FARC resulted in an
improve within the variety of ELN combatants and neo-paramilitaries in Chocó, with
elevated violence as these teams fought for management of the revenues from
established unlawful economies [UN Security Council 2017; ABColombia 2017, 2018].
Regardless of Chocó being extremely militarised – Titan, a joint safety forces
workforce (Military, Navy and Airforce) is deployed in Chocó – unlawful armed teams transit
with ease.

Chocó is located between the Darién Hole on the border with Panama and
the departments of Antioquia and Valle de Cauca; its connecting river techniques
movement into the Pacific Ocean and the Caribbean Sea (by way of the Gulfo de Uraba). As
a end result, Chocó is a strategic hall for drug trafficking and unlawful
arms importation (OECD 2017).  The unlawful gold financial system additionally strikes giant sums of
cash in Chocó. All the armed actors in Colombia profit from the unlawful
gold commerce; bribes are paid for the doorway of heavy equipment, safety
cash is paid to whichever unlawful armed group that’s in management, and the gold
is used for cash laundering for the drug-trafficking commerce, as giant quantities
of coca are grown in Chocó (OECD, 2017). These dynamics have a serious influence on the
ethnic communities dwelling in Chocó, producing elevated violence, intimidation and
worry; curfews are imposed by unlawful armed teams. But, the unlawful economies
additionally present a supply of revenue for a desperately poor area, with little
infrastructure and prohibitively excessive transportation prices that make the
advertising of agricultural merchandise presently unviable with out state subsidies.

In Colombian Regulation, territory is a elementary proper for ethnic
communities. The organisation of territory in Chocó differs from
the remainder of the nation in that almost all is collectively owned land, titled
to indigenous or Afro-descendent communities. Afro-descendant communities have been
granted collective land-rights to territory occupied ancestrally within the 1991
Structure,[i] offered they adjust to sure governance standards; this proper is regulated
by Regulation 70. The ancestral territories are primarily discovered alongside the Pacific Coast
of Colombia.[ii]

Nevertheless, it was not till the latter a part of the 1990s that unlawful armed
actors (paramilitaries and guerrilla teams), started to see small-scale
mechanised mining as a probably profitable enterprise in Chocó. Brutal violence elevated, and this mixed with air pollution of the
rivers, gravely impacted on the riverine communities’ well being and lifestyle (Acción Fashionable). Excessive ranges of
poverty associated to the disruption of their conventional lifestyle, have been
additional compounded by state abandonment.

The best way of
lifetime of the ethnic communities in Chocó over tons of of years has contributed
to the preservation of its wealthy biodiversity (Tierra Digna 2017).  All this modified within the 1980s, with the
entrance of paramilitary teams and a gold rush which noticed miners arriving with
mechanical diggers, bulldozers and “dragons” (floating mining platforms on the
river). The miners have been from Brazil and neighbouring departments (referred to
regionally as ‘foreigners’). Mercury was used to separate out gold, the residue of
which was washed into the rivers. By 2010, Colombia was the world´s worst
mercury polluter per capita from small-scale mechanised gold mining, and Chocó
one of many worst areas (UNIDO 2009; ABColombia 2015).

The influence of small-scale mechanised gold mining on
communities

The Rio Quito is a tributary of the
Atrato; right here there are 4 collective territories owned by Afro-descendant
communities (San Isidro, Villa Conte, La Soledad y Paimadó). Their conventional
lifestyle concerned agriculture (rising corn, rice, cocoa, coconut, sugar
cane, bananas and so on.), fishing and artisanal gold mining.[iii] The
small-scale mechanised mining gold rush arrived in Paimadó, Rio Quito, with
technical diggers in 1999 (Tiempo, 2009). Roughly ten years later, in
2009, a authorities inter-agency Fee revealed that this small-scale
mechanised mining, numbered 24 mechanised platforms, every of them extracting on
common 300 grams of gold per 20-hour day. That they had dumped within the river: 4
tons of mercury and 35,000 gallons of gasoline; created 250,000 tons of sediment, and
destroyed 400 hectares of virgin forest (Tiempo, 2009). The ecological injury
to the river was incalculable, affecting flora, fauna, aquatic assets and
damaging public well being (Panorama
del Sector Minero, 2014; Tiempo, 2009).

‘When these miners
arrived in our communities, they began taking our assets, which left the group
with out alternatives. Earlier than, we managed this exercise, however in a standard,
artisanal approach… I’m telling you this frankly, as a result of it isn’t a secret: the
topic of mining additionally entails the    presence
of armed teams who ‘personal’ them or demand ‘safety cash’.

Collectively owned land is ruled by
Group Councils and common council elections are held. Any new actions
on the land have to be agreed by the Council. Mechanised small-scale mining
created tensions and divisions in communities between these in favour of
getting into into contracts with the miners and people who opposed them. The disputes
have been so critical, that in some communities, parallel Group Councils
have been established to agree the contracts; or particular person households ignored the
Group Council getting into into bi-lateral agreements with the machine house owners
to take advantage of their farm land; and in different instances, Group Councils, oblivious
to the attainable penalties, shaped small corporations with the miners, with
disastrous outcomes (Interviews in 2014).

The social material of the communities
together with their conventional financial actions have been severely broken,
forcing group members to hunt work elsewhere. The impacts disproportionately
impact ladies. Ladies historically gained an revenue from panning for gold;
nevertheless, the unlawful miners, as soon as that they had moved in, put extreme restrictions on
artisanal mining actions.[iv] Consequently, the ladies have been pressured to work on the mining camps, washing garments
and cooking.

                ‘…many
ladies have been sexually abused by the blokes who come right here to mine, they provide              them jobs and find yourself raping them
after which different males [at the camp] proceed raping them…     there are ladies who’re affected
psychologically, traumatised by what has occurred to    them…’[v]

The unlawful miners pay safety cash
for his or her operations to unlawful armed teams, in addition to bribes to the safety
forces (OECD 2017). The presence of unlawful armed teams defending the mining
operations makes it unimaginable for the group councils to regulate the unfold
of this mining of their territory. Moreover, reporting these mining operations places the lives of
group leaders in peril; nevertheless, many take that danger to attempt to cease the
destruction of their lifestyle:

                ‘you set your self in actual hazard… this type of
state of affairs creates worry and terror… not everybody        has the braveness to confront it…’.[vi]

                ‘the authorities … are very
sluggish. For them to behave we now have to be proper on prime of them and typically there isn’t a confidentiality even
inside these [state] establishments. For instance, for those who report that you simply don’t need a miner to be mining the best way they’re
doing it, you run the danger               that
they may kill you’.[vii]

One main
drawback for group leaders is informants within the native authority’s
buildings, who inform the unlawful armed teams when leaders are denouncing the
mining operations. The group leaders continually complain that a number of hours
after reporting to the authorities that an unlawful mining camp has been arrange
on their territory, they obtain dying threats – typically by textual content message –
warning them that they’ll kill them in the event that they proceed denouncing. In 2017
alone, 121 Human Rights Defenders and group leaders have been killed in
Colombia.

After years
of inaction by the State and the growing phenomenon of unlawful mining, the communities
alongside the Atrato River organised to make use of authorized mechanisms to pressure the state to
reply to their state of affairs.

The group
councils of Bajo Atrato, The Asociación
de Consejos Comunitarios del Bajo Atrato (ASOCOBA) requested a gaggle of human
rights legal professionals – Centro de Estudios para
la Justicia Social Tierra Digna (Tierra Digna), who specialize in working
with communities on the adverse impacts of extractives on human rights, to
assist them to get the State to reply and handle the violations of their
rights. These ranged from lack of satisfaction of their primary wants (well being
schooling, consuming water and so forth.) to the destruction of their surroundings. These
communities stay in Bajo Atrato, nearly all of the mining was extracting in
Medio and Alto Atrato.

Tierra Digna arrange a faculty for the leaders from ASOCOBAR to facilitate
exploration of the issues they have been dealing with and to look at what steps they
might take. For the communities of ASOCOBAR the contamination from the mining
and deforestation have been recognized as two of the main issues. Corporations
arrived extracting the wooden. Though some had licences to do that from CODECHOCÓ
(native surroundings company), they have been additionally slicing down the cloud forest throughout
far larger areas than that they had been given a licence to take advantage of (Interviews,
2018). The residue of this deforestation was thrown into the river, drying out
the ciénagas (swamps), silting up the
rivers making them troublesome to transit. Moreover, contamination from the
gold mining within the Medio and Alto Atrato was flowing down the river and
polluting the water. Excessive on their record of considerations was the impression of mercury on
the well being of the communities. What emerged as the important thing aspect on which
fulfilment of lots of their wants depended was the environmental safety of the river Atrato (Interviews,
2018).

They recognised that an built-in strategy alongside the entire of the Atrato
River and its tributaries was the one sustainable approach of addressing what have been
interrelated impacts. The ASCOBAR communities subsequently introduced collectively
group councils and the interethnic organisation: the Foro Inter-étnico Solidaridad Chocó (FISCH), which represented
each Afro-descendant and Indigenous Peoples in Chocó, the Consejo Comunitario Mayor de la Organización Fashionable Campesina del Alto
Atrato (COCOMOPOCA), Consejo
Comunitario Mayor de la Asociación Campesina Integral del Atrato (COCOMACIA)
to debate the issues; they usually agreed on a joint authorized technique with Tierra
Digna.

In January
2015, Tierra Digna as authorized consultant of the communities, submitted a Tutela to the Constitutional Courtroom (CC).
A Tutela is a particular motion that any
particular person citizen can use to ask the CC to rule on a violation of their
elementary rights. The legal professionals and communities have been not sure as as to if the
Constitutional Courtroom would settle for this Tutela,
as Tutelas have been meant to redress
violations of the elemental rights of people, whereas this Tutela addressed the elemental rights
of a collective of organised
communities. The choice proffered by the CC created essential jurisprudence,
in that it accepted a Tutela from a
group of organised communities, and recognised the inherent interdependency of
environmental rights and elementary rights.

The
communities argued that the contaminating actions produced by unlawful mining
have been having a direct influence on individuals’s well being, in addition to different oblique
impacts on human well-being. These have been associated to the discount of forest
merchandise, affecting meals safety and conventional medicines and forcing modifications
in conventional practices, makes use of and customs of ethnic
communities, due to the impacts on biodiversity.

They
defined how the authorities’ failure to fulfil their constitutional
obligations to take concrete and efficient measures to cease the unlawful mining
actions had resulted in an unprecedented environmental and humanitarian
disaster because of contamination with poisonous substances, erosion, accumulation of
waste, deforestation and lack of biodiversity, within the river basin of the Atrato
River, its tributaries and surrounding territories. This disaster was additional
exacerbated by the uncontrolled violence perpetrated by armed actors. Subsequently, the claimants requested the Courtroom
for cover of the communities’ biocultural rights. In its easiest
definition, this refers back to the rights that ethnic communities have, to
administer and train autonomous guardianship over their territories and the
pure assets that make up their habitat, in accordance with their very own legal guidelines
and customs.[viii] This
is significant as their tradition, traditions and lifestyle have been developed based mostly on
the particular relationship they’ve with the bio-diverse surroundings. In impact,
these rights outcome from the popularity of the intrinsic connection between
nature, its assets and the tradition of the ethnic and indigenous communities
that inhabit them, that are interdependent with one another and can’t be
understood in isolation (T-622/16).

The CC initially
dominated towards them; the communities then appealed this choice to the Council
of State, which in flip denied the appliance. Often, the Council of State’s
determination would have ended the authorized course of for these communities. Nevertheless, the
CC has the competence to pick instances for an in-depth evaluate the place the Chamber
considers that the case poses a number of complicated constitutional authorized points. Due
to its extraordinary authorized and constitutional complexity, this Tutela was chosen.

Within the
subsequent examination the CC consulted specialists, made a subject go to, held native
hearings and an area meeting with all of the communities concerned within the case.
Then, in a ground-breaking ruling, on 10 November 2016, the Courtroom took an
ecocentric strategy to human rights, recognising the Atrato River as a authorized entity with environmental rights that have to
be protected alongside the communities’ bio-cultural rights. By this, the
Courtroom acknowledged the inherent interdependency between the surroundings and
communities within the Atrato area. It was one of many first sentences to be
issued by a courtroom on bio-cultural rights of the river; three different sentences
from New Zealand, Ecuador and India additionally tackle the rights of nature [Cano,
2018].

The Courtroom, in
sentence T-622/16, ordered the
authorities to take a collection of measures to guard the Atrato River and fight
unlawful mining within the area while taking account of the environmental and
social realities. The sentence additionally emphasised the constitutional proper of
ethnic communities to free, prior, knowledgeable session and consent, and
said that “critical violation of the elemental rights to life, well being, water,
meals safety, the wholesome surroundings, the tradition and the territory of the
ethnic communities that inhabit the Atrato River basin and its tributaries,
attributable to the Colombian State entities” (T-622 para 9.45).

The sentence of the
Courtroom ordered the federal government to design three plans in session with the
communities to implement the sentence, together with deadlines for his or her
completion:

  • Environmental
    Plan (1 yr);
  • Eradication
    Plan for the unlawful mining (6 months);
  • Plan to
    handle meals safety and safety of cultural practices (6 months).

As well as, the federal government was required to finish toxicology and
well being research of the native inhabitants.

Diagram 1: State
Departments answerable for the totally different elements of implementation of the
Sentence T-622/16

https://daily-pins.com/wp-content/uploads/2019/02/a-river-with-rights-community-response-to-illegal-gold-mining-in-choco-colombia.uk

Along with the implementation construction, the Courtroom put in place a
committee chargeable for monitoring the implementation.

Monitoring Committee (Comité
de Seguimiento a la Sentencia)

This Committee consists of the Procuraduría
(Inspector Basic), Controlaria and
Defensoria (Human Rights Ombudsman).
The Procuraduría is liable for
convening this committee each six months to watch progress on
implementation. Sentence T-622 additionally makes provision for a Panel of Specialists to advise
the Procuraduría, relating to the
high quality and applicability of the technical plans produced.

The inclusion
of the Procuraduría on this committee
is critical, because the Procuraduria
has a disciplinary perform in relation to State Establishments; its powers
embrace sanctioning particular person state staff who don’t fulfil their
duties. This committee might subsequently place strain on the
people officers to make sure that they fulfil their duties and
implement the sentence.  Chocó has a
vary of sentences dictated by the Courts in relation to the setting,
mining and lack of satisfactory public providers which haven’t been carried out.

The
authorities of Juan Manuel Santos, following the T-622 sentence, established the
Comisión Intersectorial para Chocó. This
committee presently is liable for the coordination and implementation of
at the least 9 earlier courtroom selections in relation to the surroundings and the
humanitarian state of affairs in Chocó; Decision 064 of 2014 from the Defensoria, which units out the
necessities for addressing malnutrition in indigenous youngsters in Chocó; and
agreements made between the State and the residents of Chocó because of two
main Paros Civicos (civil protests),
in addition to sentence T-622. It’s led by the Presidential Workplace and the
Planning Division.

Nevertheless, the considerations
of the communities affected by the T-622 sentence have been that this Fee
while constructive when it comes to coordinating the implementation of all of those
provisions, each diluted the participation of the communities and the
risk of shut scrutiny of the implementation of the T-622 sentence; the
Fee had a variety of aims and the consultant of the Guardianes was simply one among many. The Guardianes have insisted that the
buildings decided by the Courtroom are those that might be used to implement
the choice.

Guardianes del Atrato
(Guardians of the Atrato)

Within the
sentence, the Courtroom ordered the formation of a physique referred to as the Guardianes del Atrato, which was conformed of 1 Authorities consultant
and one group consultant, to collectively fulfil the position “guardians” of the
rights of the Atrato River. The communities determined that the duty of explaining
the sentence, attending conferences, informing the communities and representing
the views of all of the consejos and resguardos was an excessive amount of for one individual,
particularly contemplating the Atrato river is 750 kilometres lengthy and with a
appreciable variety of tributaries. A group of 14 Guardians, seven males and
seven females, was proposed. After dialogue, this was agreed by the federal government
and enacted by way of Decision 0907 (introduced in December 2017 and accredited in Might
2018). The Decision nevertheless didn’t determine any assets for
implementation; the establishment of 15 Guardianes
is now legally recognised, however there isn’t any finances to hold out the work. The
lack of any finances for communities which are desperately poor is a serious
drawback. 

Prospects of implementation
of the T-622 Sentence

The CC set
out intimately which establishments must be concerned in monitoring, and which in
implementation of the choice. As well as, it offered for professional advisors to
facilitate the work of the monitoring committee which consists of officers
liable for management of state establishments and monitoring of human rights.
The inclusion of state officers with a disciplinary position demonstrates an
effort by the CC to make sure that there’s political weight and can behind the
monitoring of its implementation; the detailed construction for its enforcement
present this choice with a stronger risk of implementation than different
CC selections.

There are
different essential parts that must be taken under consideration, which might be
important if this determination is to be carried out sustainably. Coordination
throughout the 4 thematic areas dictated by the CC is required. If every
division produces and implements a plan to deal with sentence T-622 with none
coordination, then the modifications will show to be unsustainable. For instance, the
Defence Ministry is liable for the destruction of the dragons and removing of unlawful mining from the river: if the
Defence Ministry doesn’t coordinate with the Agricultural Ministry, which is
answerable for offering agricultural tasks to switch the revenue from
mining, then the degrees of poverty in these communities would end in them
being pressured to return to work for the unlawful mining operations or be pushed
into the palms of different felony mafias.

Participation
of native communities was a central component within the manufacturing and submission of
the Tutuela; additionally it is important for
making certain its profitable implementation. The acceptance of 14 Guardianes del Atrato (7 male, 7 feminine),a constructive step, wasundermined by the failure to offer
funding. Decision 0907 de 2018, offering for the Guardianes, was accredited with none finances for its implementation.
On this respect, the shortage of a finances for the Guardianes significantly weakens this physique and restricts the work
they will undertake. The Guardianes
will want a finances for journey (journey is extraordinarily pricey in Chocó) and to
cowl their lack of earnings or to cowl the time they might have spent farming.
In the intervening time they wish to increase the cash from worldwide
cooperation. However the lack of provision of a price range by the state additionally signifies
a scarcity of political willingness, which weakens the place of the Guardianes.

One other tendencies rising are the exclusion of session and
participation of communities within the design of the implementing plans. The
baseline research and motion plans have been introduced to the communities in June 2018.
The baseline research and five-year plan produced, had been accomplished with out the
participation of the communities. The shortage of a voice in what was to occur in
their territories generated appreciable concern which was exacerbated by the
poor high quality of the baseline research and lack of element within the motion plans. The
baseline research didn’t supply an built-in evaluation of the complicated networks of
the drivers of mechanised unlawful mining or any plan for establishing, by way of
main analysis, a baseline research of the degradation of the river basin. The
paperwork introduced collated fairly dated secondary literature and knowledge units on
the area. There was additionally a scarcity of built-in evaluation and monitoring
indicators.

Using illicit gold mining to fund unlawful armed teams and the
laundering of medicine cash brings into play a variety of unlawful armed teams and
felony networks that pose a serious impediment to the safety of these engaged
within the implementation of T-622. In 2015, the federal government said that unlawful mining had
surpassed drug trafficking to turn into the principal generator of soiled cash in
Colombia (Bargent et al 2015;
GITOC 2016; Semana 2013).  The cost of bribes to all armed actors,
authorized and unlawful, in addition to corrupt native authorities, will make this a
troublesome sentence to implement successfully and sustainably.

The shortage of response by the state to create enough circumstances for
participation of the communities additionally consists of points to do with the security and
safety of the Guardianes and different
group leaders within the area, who’re threatened and have acquired little or
no help when it comes to safety mechanisms from the Nationwide Safety Unit.
The shortage of political willingness that a few of these elements point out will
majorly hamper the efficient implementation of the choice.

Nevertheless, the
dedication from the communities all through Chocó to see this sentence
carried out has resulted in them enterprise a marketing campaign to tell the
diplomatic corps, INGOs, teachers and the media, which has produced a variety of
very constructive outcomes.  One of many
promising outcomes of this work is that a bid designed to help the
communities within the implementation of the T-622 sentence led by Glasgow
College was accepted with funding from the Newton Caldas Fund, Financial
Social Analysis Council and Colciencias. The United Nations Environmental
Programme has prioritised their involvement within the implementation of this
sentence, together with the World Wildlife Fund (WWF) and different worldwide
organisations, together with ABColombia and its member organisations.

Conclusion

Tierra Digna
and the communities of FISCH, COCOMOPOCA, COCOMACIA and ASCOBAR achieved sentence
T-622 and thereby demonstrated that communities are in a position to make use of the Colombian
authorized system to drive the state to interact within the upholding of the rule of regulation.
Solely time will inform whether or not using the regulation on this context might be
efficient. Political will is clearly a key aspect within the implementation, however
it isn’t the one one. The oversight and engagement regionally, nationally and
internationally, if coordinated, can add appreciable weight to the likelihood
of implementation of what is among the most necessary judicial selections
globally to uphold the rights of nature. The worldwide context whereby the
rights of nature are additionally gaining floor additional promotes the likelihood. This
is clearly step one in what will probably be an extended street forward. It’s by no
means clear on this second if this sentence can be absolutely carried out. Nevertheless,
there’s a willpower on the a part of the Guardianes
del Atrato, and organisations regionally, nationally and internationally to
seeing this carried out.

References

Acción Well-liked por la violación de los derechos colectivos
consagrados en los literales a), c), f ), g) del artículo four de la Ley 472 de
1998, Consejo Comunitario de Paimadó

ABColombia (2015) Fuelling battle in Colombia: The impression of gold mining in Chocó

Cano Pecharroman, Lidia (2018) Rights of Nature: Rivers That Can Stand in Courtroom, Earth Institute,
Columbia College, New York

International Initiative towards Transnational Organized Crime–GITOC (2016) Organized Crime and Illegally Mined Gold in Latin America

Instituto de Estudios para el Desarrollo y
la Paz –INDEPAZ (2015), XI informe de presencia de grupos

narcoparamilitares en 2014

OECD (2017) Due diligence in
Colombia’s gold provide chain gold mining in Chocó

UNODC (2016) Colombia:
Explotación de oro de aluvión Evidencias a partir de percepción remota

OHCHR (2018) Annual Report of the
United Nations Excessive Commissioner for Human Rights on the state of affairs of human
rights in Colombia

UNIDO (2010) Antioquia, Colombia: the world’s most polluted place by mercury:
impressions from two area journeys

UN Safety Council (2017), Report of the
Secretary-Common on the United Nations Verification Mission in Colombia, para
21.

Constitutional Courtroom judgment
T-622/16 of 2016. https://bit.ly/2oVoQGI

Web site

ABColombia (2017) Colombian Colombian
Constiutional Courtroom units a International Precedent, final accessed 29 June 2018 https://www.abcolombia.org.uk/constitutional-court-sets-global-precedent/

Semana.com (2013), Minería ilegal:
entre el oro y el crimen, final accessed 29 June 2018

ABColombia, Battle
Exacerbates in Chocó, 29 April 2017

ABColombia, Growing
considerations about aggravation of humanitarian disaster in Chocó, 11 July 2018, https://www.abcolombia.org.uk/news/news-archive/

Newspapers

Bargent,
James and Norby, Michael (2015), Al Jazeera
America, Blood gold: From battle
zones in Colombia to jewelry shops within the US.

El Tiempo, Decomisan 24 dragas por explotación ilegal
de oro en Chocó y hallan peces contaminados con mercurio, 21 April 2009.

El
Tiempo (2014) El desolador panorama de la
minería ilegal en el Chocó

Magazines

Dinero (2011) La nueva
lavandería

Panorama del Sector Minero (2014) Fiscalía Common de Nación,
Comunicado del 21 de abril de 2009, Bogotá, cited by UPME (Unidad de Planeación
Minera Energética) in Panorama del Sector Minero,
August 2014.


[i] This Constitutional Rights was enacted into
regulation by way of Regulation 70 of 1993.

[ii] Afro-descendants initially arrived right here as
escaped slaves and later as freed slaves. They occupied this distant jungle space
of Colombia and commenced to develop a standard lifestyle just like that of
indigenous peoples. Regulation 70 of 1993 which enacted the Constitutional modifications
enshrines safety of Afro-descendants’ cultural practices and conventional
makes use of of pure assets, in addition to guaranteeing the financial and social
improvement of their communities. By 1996, many had shaped the required group
buildings and had acquired their formal land titles or have been within the course of
doing so.

[iii] Paimado group additionally utilized for and
obtained a few years in the past the mining rights for black communities of their
territory. Nevertheless, they’ve been unable to understand this proper due for a
number of causes together with the unlawful mining that’s working of their
territory.

[iv] In these riverine communities they paned and
dived for gold this offered an necessary portion of their revenue. The livelihoods of
these communities beforehand had a stability of actions, all of which
contributed to an satisfactory revenue. Artisanal mining was a key element of
this. When the miners moved in, the group members both needed to work for
them or wait on the aspect of the rivers till the miners stopped the machines
for a set interval to let group members pan for the dregs left behind. With
the speedy destruction of their livelihoods, group members began working
for these miners. See ABColombia’s
Report for extra info on the totally different types of artisanal mining utilized by
these communities.

[v] Individual 1 interviewed by ABColombia in
September 2014

[vi] Individual 2 interviewed by ABColombia in
September 2014

[vii] Individual three interviewed by ABColombia in
September 2014

[viii] Regulation 70 of 1996 affords Afro- descendant
communities with collective territory safety of their “to manage and train autonomous
guardianship over their territories -according to their very own legal guidelines, customs”

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