memorandum of justification concerning human ... - Just the Facts

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2008, groups reached Bogotá, where indigenous leaders met with nine government
ministers and established a new forum to discuss previous agreements between the GOC
and the groups.
NGOs report that the situation in Cauca remains tense as the Prosecutor General‘s
Office continues its efforts to prosecute indigenous leaders, including Aida Quilcue, for
the kidnapping of a policeman during the protests.
Security Situation for Afro-Colombian Communities
Five percent of Colombia‘s territory (4.7 million hectares) is collectively titled to
Afro-Colombian communities. Afro-Colombians make up between 11 and 25 percent 48
of Colombia‘s population. The departments with the highest population of Afro-
Colombians are Chocó (82 percent Afro-Colombian), San Andrés and Providencia (57
percent Afro-Colombian), Bolívar (27 percent Afro-Colombian), and Valle de Cauca (27
percent Afro-Colombian). As is the case in areas populated by indigenous communities,
illegal groups have attempted to exploit for criminal purposes many of the departments
with high Afro-Colombian populations, which in turn endangers the local population. In
order to combat this activity, the Armed Forces maintain a presence in some of these
areas. In doing so, the Armed Forces continue to take action against the illegal groups
that threaten the security, and, therefore, the land and property rights, of Afro-
Colombians. (For more on actions taken against illegal groups, see Section
7046(b)(1)(B)(iii) and (b)(2).)
According to the Association of Internally Displaced Afro-Colombians
(AFRODES), as of July 2009, 49 850,000 Afro-Colombians have been displaced since
1997 (including 32,353 in 2005; 30,451 in 2006; and 44,087 in 2007; and 33,519 in
2008). NGOs allege illegal armed groups have forced Afro-Colombian communities off
their land, leading the group to comprise an estimated one third of IDPs in Colombia. In
some cases, others complain that individual Afro-Colombians have sold land, legally or
illegally. Since much of this land is located in areas where government institutions are
weak or, in some cases, not present, legal enforcement of collective title is difficult.
Afro-Colombian Land Disputes
In the communities of Jiguamiandó and Curvaradó in the Department of Choco,
the Colombian government has been working on resolving land disputes between local
Afro-Colombian communities and palm oil companies currently occupying the Afro-
48 Colombian census figures cite 11 percent while NGOs and Afro-Colombian groups contest this figure, saying it is too low
and they really make up 25 percent of the population.
49 Most recent information available as of July 15, 2009.
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