In Colombia, Rural Communities Face Uphill Battle for Land Rights

“The only risk is wanting to stay,” beams a Colombian tourism ad, eager to forget decades of brutal internal conflict; however, the risk of violence remains for many rural communities, particularly as the traditional fight over drugs turns to other high-value goods: natural resource rights.

La Toma: Small Town, Big Threats

In the vacuum left by Colombia’s war on drugs, re-armed paramilitary groups remain a threat to many rural civilians. Organized groups hold footholds, particularly in the northeast and west, where they’ve traditionally hidden and exploited weak governance. Over the past five years, their presence has increased while their aims have changed.

A recent PBS documentary, The War We Are Living, profiles the struggles of two Afro-Colombian women, Francia Marquez and Clemencia Carabali, in the tiny town of La Toma confronting the paramilitary group Las Aguilas Negras, La Nueva Generacion. The Afro-Colombian communities the women represent – long persecuted for their mixed heritage – are traditional artisanal miners, but the Aguilas Negras claim that these communities impede economic growth by refusing to deal with multinationals interested in mining gold on a more industrial scale in their town.

For over seven years, the Aguilas Negras have sent frequent death threats and have indiscriminately killed residents, throwing their bodies over the main bridge in town. At the height of tensions in 2010, they murdered eight gold miners to incite fear. Community leaders know that violence and intimidation by the paramilitary group is part of their plan to scare and displace residents, but they refuse to give in: “The community of La Toma will have to be dragged out dead. Otherwise we’re not going to leave,” admits community leader Francia Marquez to PBS.
La Toma’s predicament is further complicated by corruption and general disinterest from Bogota. Laws that explicitly require the consent of Afro-Colombian communities to mine their land have not always been followed. In 2010, the Department of the Interior and the Institute of Geology and Minerals awarded a contract, without consultation, to Hector Sarria to extract gold around La Toma and ordered 1,300 families to leave their ancestral lands. Tension exploded between the local government and residents.

The community – spurred in part by Marquez and Carabali – geared into action; residents called community meetings, marched on the town, and set up road blocks. As a result, the eviction order was suspended multiple times, and in December 2010, La Toma officially won their case with Colombia’s Constitutional Court. Hector Sarria’s mining license as well as up to 30 other illegal mining permits were suspended permanently. But, as disillusioned residents are quick to point out, the decision could change at any time.

“Wayuu Gold”

Much like the people of La Toma, the indigenous Wayuu people who make their home in northeast Colombia have also found themselves the target of paramilitary wrath. Wayuu ancestral land is rich in coal and salt, and their main port, Bahia Portete, is ideally situated for drug trafficking, making them an enticing target. In 2004, armed men ravaged the village for nearly 12 hours, killing 12, accounting for 30 disappearances, and displacing thousands. Even now, seven years later, those brave enough to lobby for peace face threats.

Now, other natural resource pressures have emerged. In 2011, growing towns nearby started siphoning water from Wayuu lands, and climate change is expected to exacerbate the situation. A 2007 IPCC report wrote that “under severe dry conditions, inappropriate agricultural practices (deforestation, soil erosion, and excessive use of agrochemicals) will deteriorate surface and groundwater quantity and quality,” particularly in the Magdalena river basin where the Wayuu live. Glacial melt will also stress water supplies in other parts of Colombia. The threat is very real for indigenous peoples like the Wayuu, who call water “Wayuu gold.”

“Without water, we have no future,” says Griselda Polanco, a Wayuu woman, in a video produced by UN Women.

The basic right to water has always been a contentious issue for indigenous peoples in Latin America – perhaps most famously in Cochabomba, Bolivia – and Colombia is no different: most recently 10,000 protestors took to the streets in Bogota to lobby for the right to water.

Post-Conflict Land Tenure Tensions

Perhaps the Wayuu and people of La Toma’s best hope is in a new Victims’ Law, ratified in June 2011, but in the short term, tensions look set to increase as Colombia works to implement it. The law will offer financial compensation to victims or surviving close relatives. It also aims to restore the rights of millions of people forced off their land, including many Afro-Colombian and indigenous peoples.

But “some armed groups – which still occupy much of the stolen land – have already tried to undermine the process,” reports the BBC. “There are fears that they will respond violently to attempts by the rightful owners or the state to repossess the land.”

Rhodri Williams of TerraNullius, a blog that focuses on housing, land, and property rights in conflict, disaster, and displacement contexts, wrote in an email to New Security Beat that there are many hurdles in the way of the law being successful, including ecological changes that have already occurred:

    "Perhaps the biggest obstacle is the fact that many usurped indigenous and Afro-Colombian territories have been fundamentally transformed through mono-culture cultivation. Previously mixed ecosystems are now palm oil deserts and no one seems to have a sense of how restitution could meaningfully proceed under these circumstances. Compensation or alternative land are the most readily feasible options, but this flies in the face of the particular bond that indigenous peoples typically have with their own homeland. Such bonds are not only economic, in the sense that indigenous livelihoods may be adapted to the particular ecosystem they inhabit, but also spiritual, with land forming a significant element of collective identity. Colombia has recognized these links in their constitution, which sets out special protections for indigenous and Afro-Colombian groups, but has failed to apply these rules in practice. For many groups, it may now be too late."

As National Geographic explorer Wade Davis said at the Wilson Center in April, climate change can represent as much a psychological and spiritual problem for indigenous people as a technical problem. Unfortunately, as land-use issues such as those faced by Afro-Columbian communities, the Wayuu, and many other indigenous groups around the world demonstrate, there is a legal dimension to be overcome as well.

Article Source: New Security Beat

Image Source: Philip Bouchard