In January 2009, Muriel Mining Corporation moved into the department of Chocó, Colombia to launch Mandé Norte, a project for the exploration and development of copper, gold, molybdenum and other minerals.
The US-based company began the project without proper consultation, and without the free, prior and informed consent of the local ethnic groups that would be directly affected by the mines. Consultation with the affected communities did not begin until 2006, a year after the company was awarded the mining contract. What's more, several of the affected communities were not invited to participate in the consultation process, and those that participated were not represented by traditional authorities. Then, despite serious objections raised by Afro-Colombian and indigenous communities, the consultation process was concluded in August 2008.
This project took place during a difficult period of Colombia’s armed conflict.The Inter-Church Commission for Justice and Peace, a Colombian human rights group, filed a legal action for protection against the mining project. AIDA contributed to the action by submitting an argument (in Spanish) demonstrating that without an adequate environmental impact assessment to analyze the project's social and environmental impacts, the affected communities would have no basis to give or deny consent, as required by international law.
The Colombian Constitutional Court ruled on the case in the T-769 Sentence of 2009 (in Spanish), ordering the suspension of exploration and production activities and the awarding of licenses for the project. It also ordered a new consultation to meet both national and international standards, and required the completion of accurate environmental impact studies. AIDA has prepared a summary sheet (in Spanish) to make it easier to understand the sentence.
The ruling in this case set a key precedent by incorporating and recognizing, for the first time, the right of ethnic groups to free, prior and informed consent. It was a breakthrough in the recognition of the rights of ethnic groups in Colombia.
Both the Ministry of the Interior and the mining company sought an annulment of the constitutional sentence. But AIDA intervened (in Spanish) to defend the sentence against the annulment requests, as did the Colombian Commission of Jurists (in Spanish), Dejusticia (in Spanish), Harvard and Diego Portales (in Spanish). These efforts paid off. On March 12, 2012, the Constitutional Court upheld its decision (in Spanish) on Mandé Norte.
Without this ruling, the mining project would have had serious social and environmental impacts on the biodiverse region of Chocó, damaging crop animals, rivers and the mountain of Caraperro, long considered by indigenous peoples to be a sacred site. The project would have both physically and culturally harmed the local indigenous peoples, and would have caused the deterioration of traditional economies.
At AIDA, we work to defend the right to a healthy environment and the protect human rights of communities and ethnic groups against powerful interests.
Follow us on Twitter:
"Like" our page on Facebook:
Dena DeBry is a fine artist and web developer. She runs Buttonwillow Six, a small web development company based in Salt Lake City. To see more, visit http://www.buttonwillowsix.com.
