Legal Struggles

Resource for Grades 9-12

Legal Struggles

Media Type:
Video

Running Time: 3m 07s
Size: 18.2 MB

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Learn more about the documentary Women, War & Peace: The War We Are Living.

Resource Produced by:

WNET

Collection Developed by:

WNET

Collection Credits

Collection Funded by:

Major funding for Women, War & Peace is provided by the 40x50, a group of visionary donors who have provided key support for this initiative; Norwegian Ministry of Foreign Affairs; Foundation to Promote Open Society; Ford Foundation; John D. and Catherine T. MacArthur Foundation; Swanee Hunt Family Fund of the Denver Foundation; Starry Night, an Anne Delaney Charitable Fund; The Atlantic Philanthropies; Dobkin Family Foundation; Cheryl and Philip Milstein Family; Bill Haney; Pierre N. Hauser; Susan Disney Lord; Partridge Foundation, a John and Polly Guth Charitable Fund; Vital Projects Fund; Elizabeth H. Weatherman and The Warburg Pincus Foundation; The Shelley & Donald Rubin Foundation; Barbara H. Zuckerberg; Sigrid Rausing Trust; more than 1,500 Members of THIRTEEN; and Corporation for Public Broadcasting. Major funding for I Came to Testify is also provided by National Endowment for the Humanities, and for Peace Unveiled by The David and Lucile Packard Foundation. Funding for the online Education Guide is provided by The Overbrook Foundation.

This video from Women, War & Peace explains how the legal struggles of Cauca and La Toma began 10 years ago when Héctor Sarria was granted a license to mine gold in the mountain. In early 2010 he sped up his plan to begin mining. According to Sarria, his license says there are no indigenous communities in La Toma, despite the fact that Afro-Colombians have lived and worked there for generations. Sarria requested and was granted the right to evict any Afro-Colombian miners working in La Toma—1,300 families whose livelihoods depend on mining face eviction.

open Transcript

NARRATOR: The community’s legal problems erupted ten years ago …When a man named Hector Sarria obtained a license to mine La Toma’s gold. In early 2010 he started accelerating his plan.

SARRIA: I will enter to plan the infrastructure and start a business to begin to excavate the gold.

NARRATOR: According to the law passed in 1993, any permit for mining gold under the land of Afro-Colombians requires prior and informed consultation with their community councils. But Sarria says his license – from the Institute of Geology and Mining, Ingeominas – states there are no Afro-Colombians in La Toma.

SARRIA: Inside the territory I was assigned by Ingeominas, there isn’t any community or ethnic group. It’s mainly a mountain. Since there is no community in my area, who would I have approached for a previous consultation? The plants? The birds? The animals? In short, the wildlife and the vegetation?

NARRATOR: In March 2010, when Sarria applied for the right to evict the Afro-Colombians working in the mines of La Toma, he was under federal investigation for money laundering. Still, the court granted his request. With the eviction order in place, the stage was set for a confrontation.

SARRIA: I invite whoever wishes to come with me to the eviction there. We are going with policemen so you can truly see if what I’m saying is true or a lie, and who is right, me or them.

NARRATOR: The eviction will uproot thirteen hundred families who depend on La Toma’s mines. And it may be just the tip of the iceberg. Carabali says there are many illegal mining permits in Cauca.

CARABALI: The government is giving away these titles without fulfilling the laws of prior consultation.

NARRATOR: And a flood of new requests have come in.

CARABALI: If you look at the map everything is being asked for. At any point the title holders can try to kick us out. La Toma has resisted and we are working together to support them because if they evict them we are next.

NARRATOR: She’s been called to a critical meeting across town. Leaders from all over the region are joining forces to defend their lands.

CARABALI: Good morning! How are you?

CARABALI: It’s a very complex situation, because Colombia is one of the countries with the best laws to protect Afro-Colombians. Nevertheless those rights exist only on paper.


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