CÓMO VA LA REPARACIÓN COLECTIVA PARA LAS COMUNIDADES NEGRAS EN EL DEPARTAMENTO DEL CHOCÓ

Abstract

The black communities in Colombia, mainly those settled in the Department of Chocó, suffer serious violations of their human rights, both individually and collectively, due to the internal armed conflict. These communities have been uprooted from their territories which are used by the different armed actors for illicit cultivation and illegal mining. The present investigation is characterized by being descriptive, qualitative and having a documentary design. It describes the progress made in the process of collective redress for victims of black communities in the department of Chocó, the background and motives that gave origin to said process. It was evidenced, first, that the processes of elaboration and agreement of Law 1448 of 2011 and Decree Law 4635 of 2011, were made without observing the fundamental right to free and informed prior consultation; secondly, that the few advances that have been made to the process of collective redress for black communities in Chocó is mainly due to the lack of political will. KeY words: black communities, collective redress, victims, internal armed conflict, violation of human rights. Yeicy Lorena Echavarría-Rentería y Lisneider Hinestroza-Cuesta