Whereby The Provisional Article 55 Of The Constitution Develops

Original Language Title: Por la cual se desarrolla el artículo transitorio 55 de la Constitución Política

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Law 70 of 1993 (August 27)
Official Gazette No. 41,013, dated August 31, 1993.
Whereby the provisional article 55 of the Constitution is developed. Summary

Term Notes

PURPOSE AND DEFINITIONS ARTICLE 1o. This law aims to recognize the black communities that have been occupying uncultivated land in rural areas adjoining the rivers of the Pacific Basin, in accordance with their traditional production practices, the right to collective ownership, in accordance with the provisions of the following articles. It also aims to establish mechanisms for the protection of cultural identity and the rights of black communities in Colombia as an ethnic group, and promoting economic and social development, in order to ensure that these communities get real conditions equal opportunities against the rest of Colombian society.
According to the provisions of paragraph 1o. the provisional article 55 of the Constitution, this law will also apply in the badlands, rural and coastal areas that have been being occupied by black communities with traditional production practices in other areas of the country and meet the requirements of this law . Effective Jurisprudence

Article 2.
. For the purposes of this law means:
1. Pacific Basin. It is the region defined by the following boundaries: from the top of the volcano of Chiles on the border with the Republic of Ecuador, it follows the watershed of the Cordillera Occidental through the Cumbal volcano and Azufral, to Hoz de Minamá; it is crossed, a little below the mouth of the river Guáitara and continue along the watershed of the Western Cordillera, through the Munchique hill, the Farallones de Cali, Los Cerros Tatamá, Caramanta and Concordia; This hill is continued by the watershed to the Nudo de Paramillo; it follows towards the northwest to the top of Carrizal, to continue along the dividing of the waters that go to Rio Sucio and Caño Tumarandó with going to the river Leon to a point of Bahia Colombia on the left bank of the mouth the Surinque river in the Gulf. It continues along the line that defines the Gulf Coast of Urabá to the international landmark in Cape Tiburon, from this point it follows the line of the international border between the Republic of Panama and Colombia, to the halfway milestone between Punta Ardita (Colombia) and Cocalito (Panama), on the Pacific Ocean coast, continue along the coast to the mouth of Mataje river, continuing along the international border with the Republic of Ecuador, to the summit of the volcano of Chiles, the starting point .
2. Rivers of the Pacific Rim. Are the rivers of the Pacific region, comprising:
a) The Pacific slope formed by the surface waters of rivers and streams that drain directly into the Pacific Ocean and its tributaries; basins Look, Rosario, Chagui, Patia, Curay, Sanquianga, Tola, Tapaje, Iscuandé, Guapí, Timbiquí, Bubuey, Saija, Micay, Naya, Yurumanguí, Tumba Grande Tumbita, Cajambre, Mayorquin, Rest, Anchicayá, Dagua rivers Bongo, San Juan, Ijuá, Docampado, Capiro, ordo, Siriví, Dotendó, Usaraga, Baudo, Piliza, Catripre, Virudo, Coqui, Nuquí, Tribuga, Chori, Valley, Huaca, Abega, Cupica, Changuera, Borojó, Curiche , Putumia, Juradó and other smaller rivers that drain directly into the Pacific Ocean;
B) The basins of the Atrato, Tolo Acandí and rivers that belong to the Caribbean slope.
3. riverine rural areas. Are the surrounding land to the river banks mentioned in the previous paragraph that are outside the urban perimeters defined by the municipal councils of the municipalities in the area under consideration, in accordance with the Code of Municipal Regime (Decree 1333 1986), and the rules that add to it, develop or reform, and in which the respective community be seated.
4. badlands. They are the land located within the boundaries of the national territory belonging to the state and that no other owner, and those who, having been awarded with that character, must return to rule the state, in accordance with the provisions of article 56 of Law 110 of 1913, and the rules that add to it, develop or reform.

5. Black community. It is the group of families of Afro-Colombian descent who have their own culture, they share a history and have their own traditions and customs within the compo-village relationship demonstrate and maintain awareness of identity that distinguish them from other ethnic groups.
6. collective occupation. It is the historical and ancestral settlement of Black communities on land for collective use, which constitute their habitat, and which currently develop their traditional production practices.
7. traditional production practices. They are the activities and farming techniques, mining, logging, livestock, hunting, fishing and gathering of natural products in general, they have traditionally used black communities to ensure the preservation of life and self-sustaining development. Effective Jurisprudence


ARTICLE 3. This law is based on the following principles:
1. The recognition and protection of ethnic and cultural diversity and the right to equality of all cultures that make up Colombian nationality.
2. Respect for the integrity and dignity of the cultural life of black communities.
3. The participation of black communities and their organizations in decisions that affect them and the entire nation on an equal footing, in accordance with the law without prejudice to their autonomy.
4. Environmental protection taking into account the relations established by the black communities with nature. Effective Jurisprudence


ARTICLE 4. The state awarded to black communities that treats this law collective ownership of the areas, in accordance with the definitions contained in the second article, comprising the badlands of rural areas adjoining the rivers of the Pacific Rim and those located in the areas referred to in the second paragraph of article 1. of this law that have occupied in accordance with their traditional production practices.
The land on which the right is determined to collective ownership will be referred to for all legal purposes "Land of Black Communities". Effective Jurisprudence

The 5th ITEM. To receive the allocable collectively owned land, each community will form a Community Council as a form of internal administration, whose requirements will determine the regulations issued by the National Government.
In addition to providing the regulations, are functions of the Community Councils: define and assign areas within the allotted land; ensure the conservation and protection of the rights of collective property, preservation of cultural identity, use and conservation of natural resources; choose the legal representative of the respective community as a legal person, and make feasible conciliators in conciliation internal conflicts.

ARTICLE 6o. Except soils and forests, collective awards made pursuant to this law, they do not understand:
a. The ownership of property for public use.
B. Urban areas of the municipalities.
C. Renewable and nonrenewable natural resources.
D. The lands of indigenous reservations legally constituted.
E. The subsoil and rural lands in which private property is proven according to law 200 of 1936.
f. Reserved for national security and defense areas.
G. Areas National Parks system.
With respect to soils and forests included in the collective title, ownership is exercised in social function and is inherent ecological function. Consequently, for the use of these resources shall be taken into account:
a. Both the use of forests to be exercised by operation of law, as forest exploitation for commercial purposes must guarantee the persistence of the resource. To advance the latter authorization of the competent authority for the management of forest resources is required.
B. The land use will take into account the ecological fragility of the Pacific Rim. Consequently awardees develop conservation and management practices consistent with ecological conditions. For this purpose appropriate models of production and agro-forestry, agro-forestry or other similar be developed, designing suitable mechanisms to encourage and discourage environmentally unsustainable practices.

ARTICLE 7. In each community, the part of the land of the black community destined for collective use is inalienable, imprescriptible and indefeasible.
Can be conveyed only areas that are assigned to a family group, the dissolution of one or other causes specified in the regulations, but the exercise of preferential right of occupation or acquisition may only rest with other members of the community and failing that another member of the ethnic group, in order to preserve the integrity of the lands of black communities and cultural identity of them. Effective Jurisprudence

Article 8. For the purposes of the award of the article is about 4o., Each community will present their request to the Colombian Institute of Agrarian Reform -Incora.- This may initiate ex officio the award.
A committee of the Incora, the Geographic Institute "Agustin Codazzi" and the commission Inderena or entity that replaces it held on the report of the Community Council, a technical assessment of applications and determine the boundaries of the area to be granted by collective property title. Editor's Notes

Article 9.
To: The application shall be accompanied with the following information. Physical Description of the territory holder intended.
B. ethnohistoric background.
C. demographic description of the territory.
D. traditional production practices.
the application is filed with the respective regional manager ordered a visit to the black community concerned, which shall not exceed sixty days from the filing of the application. The resolution ordering the visit will notify the black group concerned, the respective organization and the Deputy Attorney agricultural affairs.
From practiced visit a memorandum containing the following points will rise. Location of the land.
B. Approximate Land Size.
C. general boundaries of the land.
D. Number of black people who live in the area.
E. Name and number of strangers who do not belong to the established community, indicating the approximate area they occupy.
F. planimetric survey of the territory to be entitled.

ARTICLE 11. The Colombian Institute of Agrarian Reform INCORA in a non-extendible period of sixty (60) days, issue administrative acts through which collective ownership is awarded to communities that treats this law .
The corresponding administrative act shall be notified to the representative of the respective community and, once entered in the relevant register, constitute sufficient legal title and proof of ownership.

ARTICLE 12. In the administrative procedure land titling determined by the Government by special regulations will be preferred application of the principles of efficiency, economy and speed, in order to ensure the timely realization of the rights recognized in this law. In matters not covered by this Act or the regulations, the general legislation on wastelands of the nation as it is compatible with the nature and purposes of recognition property of black communities that treats this law applies. Effective Jurisprudence

lands allocable be subject to all easements necessary for the development of adjacent land.
Conversely, the surrounding lands remain the domain of the state shall be subject to easements indispensable for the benefit of the land of communities, in accordance with current legislation.

ARTICLE 14. The administrative act by which the collective land ownership is awarded the obligation to observe the rules on conservation, protection and rational use of renewable natural resources and the environment shall be entered.

ARTICLE 15. The occupations that are ahead by people outside the black ethnic group over land awarded collectively to the black communities that treats this law shall not entitle the person concerned to obtain the degree or recognition of improvements and for all legal purposes it will be considered as having bad faith. Effective Jurisprudence

collective titling services in favor of black communities that treats this law will be free and the registration and publication of award decisions issued by the Colombian Institute of Agrarian Reform no duty shall be charged . Effective Jurisprudence

ARTICLE 17. From the effective date of this law, until has not been duly awarded collective ownership to a black community occupying land in the terms established by this law, the occupied lands will not be awarded by that community or authorizations will be granted to exploit her natural resources without the Commission's view that article 8 is.

ARTICLE 18. No awards may be made of the lands of the black communities that treats this law, but bound to them.
Are null land allotments to be made in violation of the provisions of the preceding paragraph. The action for annulment against the respective resolution may be attempted by the Colombian Institute of Agrarian Reform, the agrarian lawyers or anyone before the corresponding Administrative Court, within two (2) years following its execution, or from its publication in the Official Journal, as appropriate.
Notwithstanding the foregoing, the Colombian Institute of Agrarian Reform may directly revoke the award decisions issued in violation of the provisions of this Article. In this case the consent shall not be required and written respective owners. For the rest, the procedure of revocation shall become available pursuant to the Code of Administrative with. Effective Jurisprudence


ARTICLE 19. Traditional practices that are exercised over the waters, beaches or shores berries side or on wildlife and terrestrial and aquatic flora for food purposes or the use of renewable natural resources for construction or repair houses, fences, canoes and other household items for use by members of the black community are considered respective uses by department of law and consequently do not require permission.
These uses must be exercised so that the persistence of resources, both in quantity and quality is guaranteed.
The exercise of hunting, fishing or harvesting of products, for subsistence, has priority over any commercial use, semi-industrial, industrial or sports.

Article 20. As provided in Article 58 of the Constitution, the collective ownership of the areas to which this law refers, must be exercised in accordance with the social and ecological function that is inherent. Consequently, holders must fulfill obligations to protect the environment and renewable natural resources and assist the authorities in defense of this heritage.

ARTICLE 21. In accordance with the provisions of the previous article, members of black communities, holders of the right of collective ownership, will continue preserving, maintaining or promoting regeneration of protective vegetation by water and ensuring proper use the persistence of particularly fragile ecosystems such as mangroves and wetlands, and protecting and preserving the wildlife and endangered species of wild flora or endangered.
PARÁGRAFO. The National Government will allocate the necessary items for the community to comply with the provisions of this Article. Effective Jurisprudence

ARTICLE 22. When in the areas of National Parks System located in areas families or people from black communities that had been established in them before the declaration of area-park are the Inderena or entity to do their times defined in the management plan to be issued, the traditional practices of those communities that are compatible with nature, objectives and functions of the area in question. To this end, the entity administering the National Park System will promote mechanisms for consultation and participation with these communities.
If people in this article refers to not acquiesce to meet the management plan issued by the entity, will be agreed with each other and the Incora relocation to other sectors in which they can practice collective title. Effective Jurisprudence

ARTICLE 23. The INDERENA or the entity that replaces it will design mechanisms to involve members of the black communities of the sector in own areas National System, such as education, recreation, parks Parks guides activities, as well as eco-tourism activities to be allowed to develop within such areas. Effective Jurisprudence

ARTICLE 24. The managing entity of renewable natural resources shall be regulated in concert with the black communities the collective use of forest areas covered by this law, for persistent logging to.
For purposes of exploitation, processing or marketing of forest products obtained in development of forest concession, the concessionaire community can enter into partnership with public or private entities.
The State shall ensure and facilitate the training of members of the concessionaires communities suitable for each stage of the production process to ensure economic success and sustainable development of members and regional practices and techniques.
For all purposes of exploitation of forest resources envisaged under this article the proposals of the people black communities in accordance with Article 13 of the Constitution will be prioritized. Effective Jurisprudence

awarded collectively to the black communities, which in future environmental authority areas the protection of species, ecosystems or biomes deems necessary for its ecological significance, nature reserves special form in which delimitation, conservation management and involve communities and local authorities. In addition, the provisions shall apply in Article 51 of this Law. The Government shall regulate the provisions of this Article. Effective Jurisprudence


ARTICLE 26. The Ministry of Mines and Energy officially or black communities that treats this law, may indicate and delineate in the areas allocated to them mining areas of black communities where exploration and exploitation of nonrenewable natural resources should be done under special technical conditions for such protection and participation of black communities, in order to preserve their special cultural and economic characteristics, without prejudice to the rights acquired or made to third parties. Effective Jurisprudence

ARTICLE 27. The black communities that treats this law shall enjoy the right of priority for the government, through the Ministry of Mines and Energy, gives them special license for exploration and exploitation in mining areas of black communities on nonrenewable natural resources traditionally used by such communities. However, the special license, may include other minerals except coal, radioactive minerals, salts and hydrocarbons. Effective Jurisprudence

ARTICLE 28. If there are areas that may be declared indigenous mining areas and mining areas turn black communities, the Ministry of Mines and Energy may declare such areas as Joint Mining Zones, in which the development of activities will be carried out agreement between the two ethnic and shall enjoy the same rights and obligations groups. Effective Jurisprudence

mining uses shall be exercised preventing and controlling environmental degradation factors that may result from such activity on human health, aquatic resources, wildlife and other renewable natural resources related. Effective Jurisprudence

ARTICLE 30. The black communities that this law concerns may call on institutions and mechanisms of control and surveillance citizens on mining contracts, under the terms provided in the General Contracting of public administration, statutory law mechanisms and institutions for citizen participation, and the rules that modify or replace. Effective Jurisprudence

ARTICLE 31. For purposes of the articles enshrined in the above, the Government shall regulate the requirements and other conditions necessary for their effective implementation, in accordance with existing rules mining conditions.

ARTICLE 32. The Colombian State recognizes and guarantees to the Black communities the right to an educational process commensurate with their needs and aspirations ethnocultural.
The competent authority shall take the necessary measures so that in each educational standards, curricula adapted to this provision. Effective Jurisprudence

ARTICLE 33. The State shall punish and prevent any act of intimidation, segregation, discrimination or racism against black communities in different social spaces, public administration high decision making levels and especially in the mass media and in the education system, and shall ensure that the principles of equality and respect for ethnic and cultural diversity are exercised.
For these purposes, the competent authorities shall apply the corresponding sanctions in accordance with the provisions of the National Police Code, the provisions governing the mass media and the educational system, and other rules that applicable. Effective Jurisprudence

ARTICLE 34. Education for black communities must take into account the environment, the production process and all the social and cultural life of these communities. Consequently, the curriculum and reflect ensure the respect and promotion of their economic, natural, cultural and social heritage, artistic values, their means of expression and religious beliefs. Curricula should be based on the culture of black communities to develop different activities and skills in individuals and the group needed to function in their social environment. Effective Jurisprudence

programs and education services for the State to black communities should be developed and implemented in cooperation with them, to respond to their particular needs and should incorporate their histories, their knowledge and technologies, their value systems, their linguistic and dialectal forms and their further social, economic and cultural aspirations.
The State must recognize and guarantee the right of black communities to establish their own educational institutions and communication, provided that such institutions meet standards set by the competent authority. Effective Jurisprudence

education for black communities should develop general knowledge and skills that will help them participate fully and equally in the life of their own community and in the national community. Effective Jurisprudence

ARTICLE 37. The State shall adopt measures to enable the black communities know their rights and duties, especially in regard to labor, economic opportunities, education and health, social welfare and their rights arising from the Constitution and laws.
To this end, it will be used, if necessary, written translations and through the use of media in the languages ​​of the black communities. Effective Jurisprudence

ARTICLE 38. The members of the black communities have the means of technical, technological and vocational training that locate in equal conditions with other citizens.
The state must take measures to allow access and promote participation of black communities in technical, technological and vocational training of general application.
These special training programs should be based on the economic, social and cultural conditions and practical needs of black communities. Any study in this regard should be carried out in cooperation with the black communities which will be consulted on the organization and operation of such programs. These communities progressively assume responsibility for the organization and operation of such special training programs. Effective Jurisprudence

ARTICLE 39. The State shall ensure that the national education system is known and knowledge of cultural practices of black communities and their contributions to history and Colombian culture, so diffuse that offer information equitable and training of societies and cultures of these communities.
In the areas of social different educational levels of the Afro-Colombian Studies accordance with the relevant curriculum will be included. Effective Jurisprudence

ARTICLE 40. The Government will allocate budgetary allocations to ensure greater opportunities for access to higher members of black communities education.

It also will design mechanisms for promoting technical, technological and advanced training, bound for the black communities at various levels of training. To this effect, it is created, among others, a special scholarship fund for higher education, administered by Icetex for students in poor black communities and stand out for their academic performance. Effective Jurisprudence

ARTICLE 41. The State supported through the allocation of the necessary resources, organizational processes of black communities in order to recover, preserve and develop their cultural identity. Effective Jurisprudence

ARTICLE 42. The Ministry of Education will develop and implement a policy of ethnic education for black communities and create a pedagogical commission, which will advise the policy with community representatives. Effective Jurisprudence

ARTICLE 43. In accordance with the provisions of paragraph 10 of Article 150 of the Constitution, revístese the President of the Republic of extraordinary powers so that, within a period of three (3) months from the effective date of this law, restructure the Colombian Institute of Anthropology ICAN Special Administrative Unit attached to COLCULTURA, for the purpose of incorporating into its basic statutes, internal organization functions and mechanisms to promote and conduct research programs Afro-Colombian culture, in order to contribute effectively to the preservation and development of cultural identity of black communities.
Hereby established an Advisory Commission to conceptuará on the draft decree which the government submitted to the study, which will consist of three (3) representatives to the House and two (2) Senators chosen by their Boards and one (1 ) anthropologist proposed by the Commission itself. Effective Jurisprudence

ARTICLE 44. As a mechanism of protection of cultural identity, the black communities participate in the design, development and evaluation of studies of environmental, socioeconomic and cultural impact, carried out on projects that are intended to advance in the areas that this law refers to. Effective Jurisprudence


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