Historic Judgement to Hold Popular Consultation in San Basilio de Palenque

The Third Family Court of Cartagena has ordered a popular consultation in San Basilio de Palenque, a township in the municipality of Mahates, located in the Bolívar department. The aim of this consultation is to determine whether this territory will become an autonomous municipality.

This judicial decision seeks to ensure the fundamental rights of citizen participation for the residents of this historic Afro-descendant enclave, renowned as the first free town in America. According to Congresswoman Cha Dorina from the Pacto Histórico party, this is a vital step in recognizing the rights of the local community.

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The Bolívar Department Assembly has a period of 72 hours to respond and enact the required ordinance that will facilitate the moving forward of the consultation process.

The popular consultation will pose the question to the residents of San Basilio de Palenque: “Do you agree YES or NO that San Basilio de Palenque be established as a municipality?”

The judge has also requested the National Civil Registry and the Bolívar Governor’s Office to oversee the process within the established legal timelines to protect the constitutional rights of the Palenquera community.

This judicial ruling has been interpreted as a support for the historical struggles of the local population for their autonomy and recognition.

According to Cha Dorina Hernández, senator and advocate for the rights of Afro-descendant communities, “The popular consultation for Palenque’s municipality is a reality. Justice has once again ruled in favor of the struggles we have inherited and continue to pursue. Justice has spoken against political maneuverings. The Palenquera people are free, and through our organizations, we have succeeded in having our rights respected. Palenque will not be silenced. Palenque has always been free, always dignified, and we are ready to go to the polls to vote in the popular consultation so that Palenque becomes a special municipality.”

The process to convert San Basilio de Palenque into a municipality had already progressed with the enactment of Law 2379 of 2024 by President Gustavo Petro.

This legislation modifies Article 16 of Law 617 of 2000, allowing the township, which has so far been part of Mahates, to gain municipal autonomy.

This law responds to the necessity of protecting and preserving the Oral and Intangible Heritage of Humanity, a title granted by UNESCO in 2005, and the declaration from the Ministry of Culture that recognizes San Basilio de Palenque as a Cultural Asset of National Interest.

San Basilio de Palenque holds unique historical and cultural significance not only in Colombia but also globally. This territory is known as the first free town in America, founded by enslaved Africans who managed to escape and establish an autonomous community.

Its cultural legacy, which includes a distinct creole language, musical traditions, and social practices, has earned international recognition.

The popular consultation represents a significant step in the inhabitants’ fight to solidify their autonomy and preserve their cultural identity.

A man rides a mule along a dirt road while residents and soldiers await the arrival of Prince Enrique and Meghan in San Basilio de Palenque, Colombia, Saturday, August 17, 2024. (Photo AP/Iván Valencia)

The judicial ruling and the enactment of the law are seen as advancements in recognizing the rights of Afro-descendant communities in Colombia.

According to Cha Dorina, it will be the citizens of San Basilio de Palenque who decide at the polls whether the township becomes an autonomous municipality, marking a significant historical milestone for this emblematic territory.

“Our people’s struggle does not stop! Palenque will become a municipality with dignity, autonomy, and freedom. Neither political clans nor maneuverings can silence this story of resistance. The Popular Consultation for Palenque Municipality is going forward!” Dorina stated on her social media.



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