CPTnet
24 March 2009
COLOMBIA: Small steps toward justice for Garzal
by Pierre Shantz

"I wanted to let out a loud shout of joy right there in the courthouse I was so happy," said Don Salvador about the ruling in favor of the Garzal and Nueva Esperanza communities on Wednesday, 4 March 2009.  The previous week, the judge called the communities to a mediation session with the Barreto family.  That action generated many questions for the community: "Is the struggle for our land finished?"  "Will the judge force us to negotiate the surrender of our land?"  In the bed of a small truck, twenty members of the community traveled to Simiti to hear the ruling.  

The community has challenged fraudulent titles held by the Barreto family (which the family is using as proof of ownership) in court and has been nervously waiting for the judge to give a ruling.  Many believed that Baretto family could bribe the judge, like they had many other government officials, to decide in their favor.  Such a ruling would mean that the families of Garzal and Nueva Esperanza would have to leave.  (See http://www.cpt.org/cptnet/2008/04/02/colombia-garzal-and-nueva-esperanza... and http://www.cpt.org/cptnet/2009/02/04/colombia-%E2%80%9Ci-thought-you-wer...)

Unexpectedly, the judge ruled that the decision was out of his hands.  The Colombian Institute for Rural Development (INCODER) should decide whose land it is.  This decision gives the community much hope.  In February, the Garzal communities had a meeting with the national legal representative of INCODER.  She was the first government official to commit to a fair and open process for reviewing all titles and documents related to the Garzal/Nueva Esperanza case and said she would visit the communities 19-20 March.  Her handling of the case starkly contrasts with the previous INCODER official, who was fired for irregular procedures.

The struggle is not over, and the threats come not only from the Barreto family.  Colombia has zoned the region for mega projects (palm oil, rubber, and petroleum), which leaves no room for small farming families.

"We are called to be faithful, not effective" is something that CPTers say to keep from feeling too disheartened.  Sometimes it feels like the violent forces will always win.  We can help prevent some levels of violence but it often it feels like we are only treading water.  This past week the waters have started to recede and it feels like we can touch the bottom.

The community requests your continued thoughts and prayers.  I still believe that we are called to be faithful rather than effective, but it sure feels good to see a process we accompany stand firm and in the end, remain standing.