Deal #3891 Version #88797

Information obtained by comparing the official map of Indigenous communities of Colombia and the properties of Riopaila Castilla

The communities have some land rights recognized under indigenous reserves.

The company complied with Colombian law regarding the previous consultation required in case of presence of ethnic or minority groups once a project is to be developed. Given that the influence area of the company do not collide with the indigenous reserves of the previously mentioned ethnic groups, the company is not obliged to make any previous consultation. This happens, although the properties of the company might be just 112 meters away from the indigenous territories. Source 15.

It seems that the municipal administrators are in favor of the project, nevertheless, these testimonies were obtained from company resources. The public opinion in Colombia is highly divided around this project, since the way the company acquired the land was clearly a legal artifact. Some argue it was illegal.

Some of the properties were legalized or registered in the notaries 20th of Cali and 4th of Villavicencio, which was being investigated by one of the registry offices of Colombia for committing fraud on land that previously belonged to paramilitary groups or businessmen linked to them. It is not clear whether those land had a past linked with the Colombian conflict. Notwithstanding this matter, it is certain that the company used a legal artifact to be the owner of the land, circumventing law 160 of 1994, which impedes irregular land accumulation. Source 5

Trainings, technical assistance