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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ACT

(August 27)

Official Journal No. 41,013 of 31 August 1993.

For which the transitional article 55 of the Political Constitution is developed.

THE CONGRESS OF COLOMBIA,

DECRETA:

CHAPTER I.

OBJECT AND DEFINITIONS

ARTICLE 1o. This law aims to recognize the black communities that have been occupying vacant land in the rural areas of the Pacific Rim rivers, according to 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 the cultural identity and the rights of the black communities of Colombia as an ethnic group, and the promotion of their economic and social development, in order to guarantee that these communities obtain real conditions of equal opportunities for the rest of the Colombian society.

According to the provisions of paragraph 1. of the transitional article 55 of the Political Constitution, this law will also apply in the baldias, rural and riverside areas that have been occupied by black communities that have traditional production practices in other parts of the country and meet the requirements laid down in this law.

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ARTICLE 2o. For the purposes of this law, it is understood by:

1. Pacific Basin. It is the region defined by the following geographical boundaries: from the top of the volcano of Chiles in limits with the Republic of Ecuador, it follows the watershed of the Western Cordillera through the Cumbal volcano and the Azufral volcano, Until the Hoz de Minama, it is crossed, a little further down the mouth of the Guaitara River and continues through the watershed of the Western Cordillera, passing through the Cerro Munchique, the Farallones of Cali, Los Cerras Tatama, Caramanta and Concordia; from this hill is continued by the watershed until the Nudo de Paramillo; it is still in the direction of to the Northwest to the high of Carrizal, to continue the watershed of the waters that go to the Rio Sucio and the Cano Tumarando with those that go to the river Leon to a point of Bahia Colombia by the left margin of the mouth of the river Suriname in the Gulf. It continues along the line that defines the Gulf Coast of Uraba to the international milestone in Cabo Tiburon, from this point is followed by the line of the international boundary between the Republic of Panama and Colombia, to the equidistant milestone between Punta Ardita (Colombia), and Cocalito (Panama), on the coast of the Pacific Ocean, is continued along the coast until reaching the mouth of the Mataje River, continuing on the international limit with the Republic of Ecuador, to the top of the volcano of Chiles, starting point.

2. Rivers of the Pacific Rim. They are the rivers of the Pacific region, comprising:

(a) The slope of the Pacific formed by the surface waters of rivers and streams that drain directly to the Pacific Ocean and its tributaries; river basins Mira, Rosario, Chaagui, Patia, Curay, Sanquianga, Tola, Tapaje, Iscuande, Guapi, Timbiqui, Bubuey, Saija, Micay, Naya, Yurumangui, Grave, Tumbita, Cajambre, Mayorquin, Repose, Anchicaya, Dagua, Bongo, San Juan, Ijua, Docampado, Capiro, Ordo, Sirivi, Dotendo, Usaraga, Baudo, Piliza, Catripre, Virudo, Coqui, Nuqui, Tribuga, Chori, Valle, Huaca, Abega, Cupica, Changuera, Borojo, Curiche, Putumia, Jurado and other minor channels that drain directly to the Pacific Ocean;

b) The basins of the Atrato, Acandi and Tolo rivers that belong to the Caribbean side.

3. Riverside rural areas. It is the lands adjacent to the banks of the rivers mentioned in the previous numeral that are outside the urban perimeters defined by the Municipal Councils of the municipalities of the area under consideration, according to the provisions of the Code of the Municipal Regime (Decree 1333 of 1986), and in the norms that add it, develop or reform, and in which the respective community is settled.

4. Baldias lands. They are the land located within the limits of the national territory belonging to the state and which do not have another owner, and those who, having been awarded with that character, must return to the rule of the state, in accordance with the Article 56 of Law 110 of 1913, and the rules that add, develop or reform.

5. Black Community. It is the set of families of Afro-Colombian descent who have a culture of their own, share a history and have their own traditions and custom within the compo-town relationship, which reveal and retain identity awareness that the distinguish from other ethnic groups.

6. Collective occupation. It is the historical and ancestral settlement of black communities on land for their collective use, which constitute their habitat, and on which they currently develop their traditional production practices.

7. Traditional production practices. It is the agricultural, mining, forestry, livestock, hunting, fishing and harvesting of natural products in general, which have been used by the black communities to ensure the conservation of Life and self-sustaining development.

CHAPTER II.

PRINCIPLES

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ARTICLE 3o. 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 the black communities.

3. The participation of the black communities and their organizations without detriment to their autonomy, in the decisions that affect them and in the decisions of the entire nation on an equal footing, in accordance with the law.

4. The protection of the environment, taking into account the relationships established by the black communities with nature.

CHAPTER III.

RECOGNITION OF THE RIGHT TO COLLECTIVE PROPERTY

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ARTICLE 4. The State will adjudicate to the black communities that it treats this law the collective property on the areas that, in accordance with the definitions contained in the article second, comprise the wastelands of the rural riverside areas of the Pacific Rim rivers and those located in the areas in which the second indent of the article 1or.  of the present law which they occupy according to their traditional practices of production.

Grounds for which the right to collective property is determined shall be called for all legal effects "Land of the Black Communities".

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ARTICLE 5o. To collectively receive the lands to be awarded, each community shall form a Community Council as a form of internal administration, the requirements of which shall determine the regulation issuing the National Government.

In addition to those provided for in the regulation, they are the functions of the Community Councils: to delimit and assign areas within the allotted lands; to ensure the conservation and protection of the rights of collective property, the preservation of the cultural identity, the exploitation and conservation of natural resources; to choose the legal representative of the respective community as a legal person, and to make friendly components in the internal conflicts of reconciliation.

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ARTICLE 6o. Except for soils and forests, collective awards that are made in accordance with this law, do not include:

a. The domain over the public goods.

b. The urban areas of the municipalities.

c. Renewable and non-renewable natural resources.

d. The lands of legally constituted indigenous guards.

e. The subsoil and the rural premises in which the private property is accredited according to the law 200 of 1936.

f. The areas reserved for national security and defense.

g. Areas of the National Park system.

With respect to the soils and forests included in the collective titling, the property will be exercised in social function and it is inherent an ecological function. Accordingly, the following will be taken into account for the use of these resources:

a. Both the use of forests and the use of forests for commercial purposes should ensure the persistence of the resource. In order to advance the latter, authorization from the competent authority for the management of the forest resource is required.

b. The use of soils will be done taking into account the ecological fragility of the Pacific Rim. Consequently, the successful bidders will develop conservation and management practices that are compatible with ecological conditions.  For this purpose, appropriate production models such as agroforestry, agroforestry, or the like will be developed, designing appropriate mechanisms to stimulate them and to discourage environmentally unsustainable practices.

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ARTICLE 7o. In each community, the part of the land of the black community destined for their collective use is inalienable, imprinted and unembargable.

Only the areas that are assigned to a family group, by the dissolution of that or other causes that the regulation points out, but the exercise of the preferential right of occupation or acquisition can only be placed on others Members of the community and failing in another member of the ethnic group, with the purpose of preserving the integrity of the lands of the black communities and the cultural identity of the same.

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ARTICLE 8o. For the purposes of the award of the article 4, each community shall submit the respective application to the Colombian Institute of Agrarian Reform. -Incora.-This will be able to initiate the award.

A commission made up of the Incora, the Geographic Institute "Agustin Codazzi" and the Inderena, or the entity that will do its times, will carry out a technical evaluation of the requests and determine the limits of the the area to be awarded by the title of collective ownership.

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ARTICLE 9o. The request will be accompanied by the following information:

a. Physical description of the territory to be used.

b. Ethnohistorical background.

c. Demographic description of the territory.

d. Traditional production practices.

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ARTICLE 10. Radicated the request the respective regional manager will order a visit to the interested black community, which may not exceed sixty days counted from the filing of the application. The resolution ordering the visit will be notified to the interested black group, the respective organization and the attorney general for agricultural affairs.

A record containing the following points shall be lifted from the visit:

a. Location of the land.

b. Approximate extent of the terrain.

c. General lines of the land.

d. Number of black inhabitants living on the ground.

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 titled.

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ARTICLE 11. The Colombian Institute of Agrarian Reform -Incora-in an unextendable term of sixty (60) days, will issue administrative acts through which collective ownership is awarded to the communities concerned by this law.

The corresponding administrative act will be notified to the representative of the respective community and, once registered with the competent registry, will constitute sufficient title of domain and proof of the property.

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ARTICLE 12. In the administrative procedure of land titling determined by the Government by special regulation, priority shall be given to the principles of effectiveness, economy and speed, in order to achieve the timely effectiveness of the rights recognized in this law. In the aspects not covered by this law or in the regulation, the general legislation will be applied on the national wastelands in what is compatible with the nature and purposes of the recognition of the ownership of the communities. black that it deals with this law.

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ARTICLE 13. adjudicated lands shall be subjected to all the easements that are necessary for the development of the adjacent lands.

Reciprocally, the surrounding lands that continue to be the domain of the state will be subjected to the necessary easements for the benefit of the lands of the communities, according to the legislation in force.

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

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ARTICLE 15. Occupations that are brought forward by non-black ethnic group people on land awarded collectively to the black communities that this law deals with will not give rise to the the right of the person concerned to obtain the qualification and the recognition of improvements and for all legal effects shall be deemed to be a possessor of bad faith.

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ARTICLE 16. Collective titling services in favor of the black communities that treats this law will be free of charge and for the registration and publication of adjudication resolutions that The Colombian Institute of Agrarian Reform will not be charged any rights.

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ARTICLE 17. As of the validity of this law, until such time as the collective property has been awarded in due form to a black community that occupies a field in the terms that this law establishes, the land occupied by that community shall be awarded and no authorisations shall be granted to exploit natural resources without prior concept of the Commission in question under Article 8or.

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ARTICLE 18. They will not be able to adjudicate the lands of the black communities that this law is dealing with, but with their fate.

They are null and void the adjudications of lands that are made in violation of the provisions of the previous paragraph. The action of nullity against the respective resolution may be attempted by the Colombian Institute of Agrarian Reform, the agrarian procurators or any person before the corresponding Administrative Tribunal, within two (2) years of to its performance, or since its publication in the Official Journal, as the case may be.

Without prejudice to the foregoing, the Colombian Institute of Agrarian Reform may directly revoke the adjudication resolutions that it dictates in violation of the provisions of this article. In this case the express and written consent of the respective holder will not be required. In other words, the revocation procedure shall be followed in accordance with the provisions of the Administrative Code of the Administrative Board.

CHAPTER IV.

LAND USE AND PROTECTION OF NATURAL RESOURCES AND THE ENVIRONMENT

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ARTICLE 19. Traditional practices that are exercised over waters, beaches or riverbanks, secondary fruits of the forest or on terrestrial and aquatic fauna and flora for food or use of renewable natural resources for the construction or repair of dwellings, fencing, canoes and other household elements for the use of the members of the respective black community are considered uses by law ministry and consequently not require permission.

These uses should be exercised in such a way as to ensure the persistence of resources, both in quantity and in quality.

The exercise of hunting, fishing, or harvesting of products, for subsistence, shall be prelated to any commercial, semi-industrial, industrial or sports exploitation.

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ARTICLE 20. Under Article 58 of the Political Constitution, collective ownership over the areas referred to in this law must be exercised. in accordance with the social and ecological function that is inherent in it.  Accordingly, the holders must comply with the obligations to protect the environment and renewable natural resources and contribute to the authorities in the defence of this heritage.

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ARTICLE 21. In accordance with the provisions of the previousarticle, members of the black communities, holders of the right of collective ownership, will continue preserving, maintaining or promoting the regeneration of the water-protecting vegetation and ensuring, through appropriate use, the persistence of especially fragile ecosystems, such as mangroves and wetlands, and protecting and conserving endangered or endangered species of wild fauna and flora.

PARAGRAFO. The National Government shall allocate the necessary items to enable the community to comply with the provisions of this Article.

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ARTICLE 22. When in the areas of the Natural National Park System located in the zones are families or people of black communities that would have been established before the The area-park, the Inderena or the entity that does its times will define, in the management plan to be issued, the traditional practices of these communities that are compatible with the nature, objectives and functions of the area treat.  To this end, the managing body of the National Park System will promote mechanisms for consultation and participation with these communities.

If the persons referred to in this article do not comply with the management plan issued by the entity, they will be agreed with them and with the Incora their relocation to other sectors in which the collective qualification can be practiced.

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ARTICLE 23. The INDERENA or entity that does its time will design mechanisms to involve members of the black communities in the sector in activities specific to the areas of the National parks, such as education, recreation, park guides, as well as ecological tourism activities that will be allowed to develop within such areas.

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ARTICLE 24. The entity managing renewable natural resources will regulate with the black communities the collective use of areas of the forest referred to in this law, for persistent forest use.

For the purposes of the use, processing or marketing of forest products that are obtained in the development of the forest concession, the concessionary community may enter into association with public or private entities.

The State will guarantee and facilitate the training of the members of the concessionary communities in the appropriate practices and techniques for each stage of the production process to ensure the economic success and sustainable development of the and the region.

For all the exploitation effects of forest resources this article will be prioritized, the proposals of the people black communities according to the article 13 of the Constitution.

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ARTICLE 25. In areas collectively awarded to the black communities, in which in the future the environmental authority considers it necessary to protect species, ecosystems or biomes, by its Ecological significance, special nature reserves will be formed in which the communities and local authorities will participate in the delimitation, conservation and management. In addition, the provisions of Article 51 of this law will apply. The Government shall regulate the provisions of this Article.

CHAPTER V.

MINING RESOURCES

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ARTICLE 26. The Ministry of Mines and Energy of Trade or at the request of the black communities that deals with this law, may point out and delimit in the areas awarded to them mining areas of communities (a) in which the exploration and exploitation of non-renewable natural resources must be carried out under special technical conditions on the protection and participation of such black communities, in order to preserve their special cultural and economic characteristics, without prejudice to acquired or constituted rights in favour of third parties.

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ARTICLE 27. The black communities that are dealing with this law will enjoy the right of precedence for the government, through the Ministry of Mines and Energy, to grant them special exploration license. and exploitation in mining areas of black communities on non-renewable natural resources traditionally exploited by such communities. However, the special licence may include other minerals other than coal, radioactive minerals, salts and hydrocarbons.

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

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ARTICLE 29. Mining uses will be used to prevent and control environmental deterioration factors that may result from this activity on human health, hydrobiological resources, fauna and other related renewable natural resources.

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ARTICLE 30. The black communities referred to in this law will be able to go to the mechanisms and institutions of citizen control and surveillance on mining contracts, in terms of provided for in the general status of public administration contracting, in the statutory law of mechanisms and institutions for citizen participation, and in the rules that modify or replace them.

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

CHAPTER VI.

MECHANISMS FOR THE PROTECTION AND DEVELOPMENT OF RIGHTS AND CULTURAL IDENTITY

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ARTICLE 32. The Colombian State recognizes and guarantees to the black communities the right to an educational process according to their needs and ethnocultural aspirations.

The competent authority shall take the necessary steps to ensure that in each of the educational levels, the curricula are adapted to this provision.

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ARTICLE 33. The State will sanction and prevent any act of intimidation, segregation, discrimination or racism against the black communities in the various social spaces, of public administration in its high levels of decision-making and in particular in the mass media and in the education system, and will ensure that the principles of equality and respect for ethnic and cultural diversity are exercised.

For these purposes, the competent authorities shall apply the penalties corresponding to them in accordance with the provisions of the National Police Code, in the provisions governing the mass media and the system. education, and other rules applicable to it.

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ARTICLE 34. Education for the Black communities should take into account the environment, the productive process and all the social and cultural life of these communities. As a result, curricular programmes will ensure and reflect the respect and promotion of their economic, natural, cultural and social heritage, their artistic values, their means of expression and their religious beliefs. The curricula must start from the culture of the black communities to develop the different activities and skills in the individuals and in the group, necessary to develop in their social environment.

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ARTICLE 35. Programs and education services intended by the State to Black communities should be developed and implemented in cooperation with them, in order to respond to their needs. They must cover their history, their knowledge and techniques, their systems of values, their linguistic and dialectical forms and all their other social, economic and cultural aspirations.

The state must recognize and guarantee the right of the black communities to create their own institutions of education and communication, provided that such institutions satisfy the standards established by the competent authority.

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ARTICLE 36. Education for Black Communities should develop general knowledge and skills that help them participate fully and in equal conditions in the life of their own community. and in that of the national community.

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ARTICLE 37. The State must adopt measures that allow the black communities to know their rights and obligations, especially as regards work, economic possibilities, education and health, social services and the rights arising from the Constitution and laws.

To this end, written translations and the use of the media in the languages of the black communitieswill be used, if necessary.

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ARTICLE 38. The members of the black communities must have the means of technical, technological, and professional training that can be placed on an equal footing with other citizens.

The State must take steps to allow access and promote the participation of the Black communities in technical, technological and professional training programs of general application.

These special training programs should be based on the economic environment, social and cultural conditions, and the concrete needs of the 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 will progressively assume responsibility for the organisation and operation of such special training programmes.

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ARTICLE 39. The State will ensure that in the national education system the knowledge of the cultural practices of the black communities and their contributions to history and the In order to provide equitable and formative information for the societies and cultures of these communities, Colombian culture.

In the social areas of the different educational levels, the professorship of Afro-Colombian studies will be included in accordance with the corresponding curricula.

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ARTICLE 40. The government will allocate budget items to ensure greater opportunities for access to higher education for members of the black communities.

Likewise, it will design promotion mechanisms for technical, technological and superior training, with a target for the black communities at the various levels of training. To this end, a special scholarship fund for higher education, administered by the Icetex, will be created, among others, aimed at students in the black communities with scarce resources and who stand out for their academic performance.

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ARTICLE 41. The State will support through the allocation of the necessary resources, the organizational processes of the Black communities in order to recover, preserve and develop their cultural identity.

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ARTICLE 42. The Ministry of Education will formulate and implement an ethnoeducation policy for the black communities and create a pedagogical commission, which will advise the policy with representatives of the communities.

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ARTICLE 43. Pursuant to the provisions of article 150 of the Political Constitution, review the President of the Republic of Extraordinary powers to enable, within the three (3) months of the present law, to restructure the Colombian Institute of Anthropology-AN, a Special Administrative Unit attached to COLCULTURA, with the purpose of incorporating into its basic statutes, functions and internal organization the mechanisms necessary to promote and carry out research programs of Afro-Colombian culture, so that it contributes effectively to the preservation and development of the cultural identity of the black communities.

Create a Advisory Commission that will conceptualize the draft decree that the government will submit to its study, and that it will be composed of three (3) representatives to the House and two (2) Senators chosen by their Mese Directives and one (1) anthropologist proposed by the same Commission.

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ARTICLE 44. As a mechanism for protecting cultural identity, the Black communities will participate in the design, elaboration and evaluation of environmental, socioeconomic and environmental impact studies. The Commission has also proposed a number of measures to be taken in the field of environmental protection in the areas covered by the law.

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