Aletho News

Colombia’s choice, biofuel exports or social justice

By Stewart Vriesinga | CPTnet | 7 July 2011

Christian Peacemaker Jenny Rodriguez and I visited the community of Las Pavas in May. It was good to see them back on their land, where I first met them in March of 2009. The Colombian Constitutional Court has recognized that the community’s claims on these lands have merit, so the likelihood of further displacements seems remote.

However, despite the court ruling, and despite the Ministry of the Environment’s assessment that palm oil cultivation would adversely affect these lands, the palm oil company Aportes San Isidro continues to occupy these lands. Some of its personnel, protected by police, are living about ten meters from the community’s homes. Aportes San Isidro is unlikely to cease its operations until the Colombia legal system annuls its title to the land. Only then can the families of Las Pavas receive their registration as the legitimate title-holders.

Las Pavas bases its claim to this land on the land forfeiture by the previous title-holder and Las Pavas’ right of possession. Under Colombia’s land reform laws, a property owner forfeits title to lands that he or she fails to cultivate or otherwise occupy for an extended period. These laws grant rights of ownership to third parties who have occupied and cultivated such lands (or state-owned lands) for period of five years or more. Under these criteria, the community of Las Pavas applied to the Colombian Institute for Rural Development (INCODER) for the right of possession back in 2006. The Constitutional Court’s ruling in favour of the community requires INCODER, which so far has denied the community’s claims to the land, to reopen the case.

INCODER has a conflict of interest. It is simultaneously responsible for both land reform and rural development in Colombia. Aportes San Isidro’s palm oil cultivations complement INCODER’s economic development plans for the area, since they are likely to contribute to economic growth by supplying the global demand for bio-fuel. The Las Pavas community’s development plans, on the other hand, focus not on national economic growth, but rather food security, the environment, and the future well-being of the community. These factors could very well make INCODER sympathetic to Aportes San Isidro’s palm oil production, and therefore reluctant to comply with the Constitutional Court’s ruling that requires the reopening of the Las Pavas community’s claims to these lands.

Even so, here in Colombia the return of the community of Las Pavas to its land is described as a miracle. Very few of the over four million internally displaced Colombians have regained access to their land. Indeed, since the new government of Juan Manuel Santos was inaugurated at the start of August 2010, at least eight leaders of displaced communities directly involved in advocating for return of their families’ or their communities’ land have been assassinated, presumably by paramilitary or criminal gangs that benefited from stolen land.

The combined political and legal efforts of a host of national and international allies-campaigns against Body Shop, Daabon Organics helped raise the community’s profile, ensuring that the community leaders were not killed despite threats against them and allowing the community to return to its land. Furthermore, the Constitutional Court of Colombia, unlike the lower courts, aligned itself with the court of public opinion and ruled in favour of the community.

More miracles are required:

The annulment of Aportes San Isidro’s land title, and its removal from the lands in question must follow the Constitutional Court’s ruling; the Colombian authorities must issue land titles to the community; and the community must receive compensation for all the environmental and property damage done by the Daabon and Aportes San Isidro consortium. Only then can the community members begin the work of rebuilding their lives and a better future for their children.

July 7, 2011 - Posted by aletho | Economics, Environmentalism