Colombia


Human Rights

Statement on the abuses of security forces during the repression of social protest in Colombia

In the last week, protests in Colombia over a proposed tax reform have spurred a national mobilization against poverty and inequality, to which the Colombian government has reacted with repression, extreme violence and assassinations. The Interamerican Association for Environmental Defense (AIDA) emphatically rejects the abuses of security forces and expresses our deep concern about the lack of guarantees for social protest in Colombia. According to reports from national and international organizations, in recent days dozens of people have lost their lives in the context of state repression and hundreds more have been injured. We categorically condemn the extreme use of force against demonstrators and demand that the lives and rights of all citizens be respected. Liliana Ávila, AIDA human rights attorney and Colombian citizen, states: "Faced with the worrying escalation of violence, and the abuse of public force to silence social demonstrations, it is urgent that the Colombian state respect the human rights of protesters and create democratic and participatory spaces in which effective responses can be given to the conditions of poverty, marginalization and exclusion that are at the root of these protests." "All people have the right to demonstrate, and it is the State’s responsibility to create effective mechanisms for public participation.  It’s extremely worrying that the State, instead, has taken repressive measures incompatible with the rule of law, severely restricting people's freedoms, and violating their right to life and personal integrity, while promoting language that stigmatizes and criminalizes protesters". We call on the international community and urge the Inter-American Commission on Human Rights to demand that the Colombian State respect the human rights of the protesters.  

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OECD to investigate human rights abuses filed against the owners of Cerrejón coal mine; BHP, Anglo American and Glencore

Parallel complaints also filed in Ireland against state owned-company for purchasing coal and Dublin-based sales wing of mining enterprise.   Multiple National Contact Points (NCPs) of the Organisation for Economic Co-operation and Development (OECD) will begin the process of investigating three international mining giants (BHP, Anglo American and Glencore) and Ireland’s state-owned energy provider, the ESB, over serious human rights abuses and devastating environmental pollution at the Cerrejón coal mine in Colombia. Parallel complaints were filed simultaneously in Australia, Ireland, Switzerland and the UK by the Global Legal Action Network (GLAN) with the support of international development agency Christian Aid Ireland as well as Colombian and international human rights and environmental NGOs - CINEP, CAJAR, AIDA, ABColombia and ASK. If successful, the three companies which jointly own the Cerrejón mine will have to take steps to comply with the OECD Guidelines for Multinational Enterprises, including progressively closing down the mine in full and environmental restoration. The complaints against the mining giants also call for the full compensation of communities for the harms they have suffered.  The complaints outline how the Cerrejón mine, one of the largest open-pit mines in the world, is linked to the forced displacement of indigenous and Afro-Colombian communities and the widespread, persistent and extreme pollution of the air and water in the vicinity of the mine. High concentrations of harmful metals, which can cause diseases such as cancer, were found by Colombia’s Constitutional Court to exist in the blood of those living nearby. The complaints point to Cerrejón’s failure to comply with multiple Colombian court judgments against it. In September, several prominent UN human rights experts called for some of the mine’s operations to be suspended following a request to intervene by Wayuu indigenous people. The complaints allege that the parent companies of the Cerrejón mine, as its joint owners, are responsible under the OECD Guidelines for Multinational Enterprises for the harms caused by its operations. Separate complaints have also been lodged against Dublin-based Coal Marketing Company (CMC), which is the exclusive marketer of coal from the Colombian mine, as well as Ireland’s Electricity Supply Board (ESB), which has been a major purchaser of the mine’s coal. In 2019, the UN Committee on the Elimination of Racial Discrimination recommended that Ireland “consider stopping purchasing coal from the Cerrejón mine”.  All five complaints have been lodged with the relevant National Contact Points for the OECD, which are tasked with ensuring that companies comply with the OECD Guidelines for Multinational Enterprises. Director of GLAN Dr Gearóid Ó Cuinn said: “These parallel complaints in four different countries point to a systematic failure to respect basic human rights standards from the extraction, to the marketing, to the purchasing of Cerrejon coal. The long-standing abuses at the mine have been so egregious that there is no way for enterprises to respect human rights law and do business with Cerrejón.” Sorley McCaughey of Christian Aid Ireland said: “We see the impact that corporate human rights abuses are having in every corner of the world and the Cerrejón case underscores the inadequacy of voluntary guidelines for multinational companies. Governments globally, including the UK and Ireland, must introduce mandatory human rights and environmental due diligence legislation for companies to ensure they do not undermine the human rights of workers or the communities in which they work.” Rosa María Mateus Parra, lawyer with CAJAR, a Colombian human rights organisation and signatory to the complaints, said: “This is a striking example of the role played by large multinational companies in fuelling injustice. The people of La Guajira have borne the huge social and environmental costs of the mine, while harmful fossil fuel coal is exported around the world in the midst of the climate crisis and a small number of companies record huge profits.” Notes for editors If upheld the complaints filed in Australia, Switzerland and the UK would require joint-owners BHP, Glencore and Anglo American to close down the Cerrejón mine and compensate the affected communities for the harms it has caused. If upheld the separate complaint in Ireland against Dublin-based CMC would require it to stop selling Cerrejón coal. The complaint was submitted by Global Legal Action Network (GLAN), supported by Christian Aid Ireland, the Centro de Investigación y Educación Popular (CINEP), the Colectivo de Abogados ‘José Alvear Restrepo’ (CAJAR), Interamerican Association for Environmental Defense (AIDA), ABColombia and ASK - Arbeitsgruppe Schweiz Kolumbien. The Global Legal Action Network (GLAN) is a non-profit organisation that works to pursue innovative legal actions across borders to challenge powerful actors involved in human rights violations and systemic injustice by working with affected communities. GLAN has offices in the UK (London) and Ireland (Galway) | @glan_law | www.glanlaw.org.  press contacts: Victor Quintanilla (México), AIDA, [email protected], +5215570522107 Dr Gearóid Ó Cuinn (Director), GLAN, [email protected], +447521203427   

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Colombia: Holding virtual hearings violates communities' right to participation

In the context of the pandemic, and since the beginning of Colombia's obligatory isolation, businessmen have asked the Colombian government to "simplify environmental procedures." On April 3, 25 entrepreneurs sent a letter to President Iván Duque asking for the simplification of processes including prior consultation, environmental licenses and royalities. One of the first measures undertaken was the attempt to simplify the prior consultation, proposing to make it virtual. In response, indigenous communities and the Ombudsman's Office requested that the Ministry of the Interior respect human rights and reverse the measure, which it did.  However, the quest to change the way consultations are conducted continues. At the request of the Ministry of the Environment, the National Environmental Licensing Authority (ANLA) is promoting several virtual environmental hearings, even proposing they be held on radio and digital platforms such as Facebook and YouTube. These are hearings to address key environmental issues in the country. The problem is that communication on these platforms is unilateral, denounced the organization DeJusticia, thus eliminating the possibility of discussing technical issues, and presenting an obstacle for those with limited access to the Internet. On April 13, 2020, ANLA issued Resolution 642, which opened the way for virtual participation processes. Days later, the licensing authority scheduled a virtual hearing to discuss a very important issue for the region: the return of aerial spraying with glyphosate, a toxic herbicide. The hearing, scheduled for May 27, was intended to address the modification of the glyphosate environmental management plan. But, thanks to a legal action, on May 18 a judge from the department of Nariño suspended the hearing. As evidenced, there exists an ongoing intention to carry out similar proposals during the pandemic. Many have been halted by the early warnings of citizens, judicial actions or statements by control authorities. On 20 May, the Administrative Court of Santander ordered the Ministry of the Environment to plan virtual working groups.  It has also called for a virtual public hearing on the Santurbán páramo, where a mega-mining project threatens to harm this strategic ecosystem, which is vital for local water supply and the mitigation of the climate crisis.  Holding virtual hearings implies a damage to the rural, indigenous and urban communities affected by a project, and to Colombian society in general. In addition to being in the midst of the worst crisis in recent history, these communities lack access to the internet and the basic necessities that could guarantee their virtual participation.  In Colombia, and across the region, the rights of access to information, justice and participation are among the most violated. We must stand at high alert so that the pandemic does not become an excuse to continue abusing them. All remaining proposed virtual proceedings must be immediately suspended, until there exists guarantees for the due exercise of the right to participation and the exercise of national and international oversight in these matters.   

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Oceans

Sharks in Colombia: The risks of weak regulation

Sharks have inhabited the planet for more than 400 million years, one of the oldest and most diverse classes of animals. They’re considered apex predators because they’re at the top of the oceanic food chain. Due to their position, sharks play a fundamental role in marine ecosystems: controlling populations of fish, marine mammals, and some invertebrates. Their contribution, however, has been eclipsed by bad publicity. Sharks have been stigmatized as frightening beasts that are perpetually prepared to attack humans with their razor-sharp teeth. This reputation went viral due to Steven Spielberg’s 1975 classic film, Jaws.  Scientific experts say that these types of films inspired dozens of tournaments in which sharks were fished mercilessly, and indiscriminate fishing has diminished the numbers of most species of sharks. According to an article by the magazine Marine Policy, more than 100 million sharks are killed each year. And 17 of the 39 pelagic shark species are threatened with extinction, according to the International Union for Conservation of Nature (IUCN).  Of the 400 that exist worldwide, Colombia is home 76 species of sharks, which are distributed through 18 families in the Caribbean (57) and the Pacific Ocean (36).  These statistics rank Colombia as the third most diverse country in terms of sharks in Latin America, after Mexico and Brazil.   Many of these species, however, are considered vulnerable or at risk of extinction on the Red List of Marine Fishes.  Colombian regulations allow small-scale artisanal shark fishing by communities on both coasts, but prohibit industrial scale shark fishing. The reality on the water, however, is that weak enforcement fails to adequately protect these magnificent creatures within Colombia’s boundaries.   An ineffective tool Since 1990, the Ministry of Agriculture and Rural Development has produced annual resolutions regulating artisanal shark fishing.  The resolution passed this year—known as Resolution 350 and published on October 25, 2019—was widely rejected by environmental and citizens groups across the country.   One of the main reasons for this rejection is that the resolution maintains high fishing quotas (quantity of tons allowed) that date from 2011 and include vulnerable or at-risk species. Establishing quotas without scientific evidence on the current state of shark populations encourages overfishing and does not contribute to the conservation of these animals.  Sharks have long gestation periods and give birth to few young, making it difficult for their populations to rebound in the face of overexploitation.  Furthermore, Resolution 350 establishes a specific quota for shark fins, despite the fact that a prior resolution (Resolution 1743 from 2017) specifically prohibited the practice of fishing for shark fins in Colombia.  Thus  the new resolution could be misinterpreted and lead to an increase in the illegal market for shark fins in the country.  Not only is harvesting fins illegal but it is also a cruel practice that involves cutting the fins off of a captured shark and throwing the still-living animal back into the sea. To meet the quota for shark fins without resorting to the illegal practice, it would be necessary to catch approximately 110,000 sharks.  Although not eaten in Colombia, shark fins are highly prized on the international market, particularly in Asian countries.  Between 2012 and 2016, more than 800 tons of shark fins were illegally exported from Colombia to Taiwan, China and Hong Kong, according to Fundación MarViva.  Fishermen are able to sell sharks to the Asian market without breaking any law by claiming them as bycatch, experts at Colombia’s Fundación Malpelo have pointed out. Towards Effective Protection Colombia has many international obligations to conserve its biodiversity, of which sharks are a part.  Some of these are the Convention on Biological Diversity, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and the Convention for the Protection and Development of the Marine Environment in the Wider Caribbean Region. The National Action Plan for the Conservation and Management of Sharks highlights the responsibility to sustainably manage Colombia’s marine resources, prioritizing the management and conservation of various species. The government must act accordingly.   Thanks to recent popular action, Resolution 350 will be modified to eliminate the term “shark fin” and therefore avoid its exploitation. Nevertheless, the Resolution contains other loopholes and weaknesses that must be corrected. It fundamentally important that scientific studies be taken into consideration during the creation of future resolutions.  This will allow for fishing, as it is currently practiced, to become a truly sustainable practice.  Also, where scientific data is lacking, it is essential that decisions be based on the Precautionary Principle, so as to avoid causing irreversible harm to species and ecosystems.  The effective protection of sharks in Colombia requires more than legal measures.  It’s also necessary to educate the people about the importance of protecting shark populations and maintaining the health of marine ecosystems, and to share with local communities fishing methods and management strategies that support sustainable fisheries.  Sharks are key to the health of our oceans, and the debate brought about by th fishing regulations creates an opportunity to rethink and improve our decisions.   

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Toxic Pollution, Human Rights

Air pollution: it damages your health from day one

Although they occur seasonally each year, respiratory diseases are becoming increasingly severe, said pediatrician Gina Pinilla, who works in Bogotá. As air quality decreases, health complications increase for children who come to the emergency department. What Dr. Pinilla has observed in more than a decade of experience as a doctor is no mere impression. A study conducted by a multidisciplinary team of researchers in Colombia shows that health damage from poor air quality is noticeable from day one. Hospital admissions increase over the first 24 to 72 hours and can extend for almost two weeks. It’s the first multi-city study conducted in Colombia and Latin America to determine the relationship between air pollution and respiratory and circulatory diseases in the population, explained lead researcher Dr. Laura Rodriguez of the Industrial University of Santander. Each contaminant affects us differently One of the findings that most caught the researchers' attention is that harms caused by pollutants are different for children and adults. Children suffer from respiratory diseases, while adults face cardiovascular complications. "Children between 5 and 9 years old face greater impacts and are more likely to have an episode that takes them to the emergency room,” explained Dr. Rodriguez. “But this doesn't mean that the younger ones are unaffected. When a child has respiratory complications, he or she may stay hospitalized for up to a week and be connected to respiratory support. "There are children who need prolonged hospitalizations. For a week, they are dependent on oxygen, whether from a nasal cannula or oxygen machines,” Dr. Pinilla added. “Then they are left with side effects and get sick often." The particular mixture of pollutants found in the air also affects each age group differently. "Pollution in every city has its own behavior: interaction, quantity and the change in makeup between cities," said Dr. Rodriguez. In Bogotá, for example, pollution by sulfur dioxide and particulate matter (PM10 and PM2.5) are related to circulatory diseases in people over 60. Pollution by nitrogen dioxide, sulfur dioxide and PM2.5 particles significantly increases the risk of hospitalization in people under the age of 15. The researcher says that the damage caused by nitrogen dioxide is not given much importance, despite being associated with cardiovascular disease in adults. And, when that pollutant is combined with sulfur dioxide and particulate matter, its effects are enhanced. Pollution harms, even in small quantities An important takeaway from this study is that contaminants can begin to damage public health even before they reach maximum allowable limits. Nitrogen dioxide, for example, is considered harmful, yet regulations have set very high emission limits. "Reaching these limits is very difficult. The city has to be in absurdly high pollution for the alerts to sound," explained Dr. Rodriguez. “The health effects are not related to whether you are exposed to the limits or not, but to the type of mixture you are breathing, because the pollutants are potentiating each other.” In several Latin American cities, regulations allow pollution limits that exceed the recommendations of the World Health Organization (WHO). For example, the WHO recommends a maximum average of 20 µg/m3 (micrograms per cubic meter) of PM10 (solid particles such as ash, soot and dust), but Bogotá has an average of 38 µg/m3. Other cities in the region have even higher annual averages: 40 (Monterrey), 55 (Mexico City), 62 (Lima) and 69 (Santiago). What does this information mean for your city?  When poor air quality reaches its most critical levels, hospitals are left without beds and many children with respiratory illnesses remain in the emergency area, explained Dr. Pinilla. It's a common situation because there are no action plans for environmental contingencies. For Dr. Laura Rodriguez, the most important result of her research would be that it helps institutions take action to confront the issue. She recommends local governments and health institutions: Control and regulate the air quality parameters of industrial emissions, and consider monitoring other pollutants. Increase efforts to communicate to the public about the risks of pollution levels in their cities. Prepare hospitals, especially in the first months of the year when pollution reaches its highest level, aggravated by changes in the climate. She emphasized the importance of making intersectoral and multidisciplinary plans and investigations to understand the panorama of air pollution, and to ensure that this information gets into the hands of the appropriate authorities. The study was also conducted by Julián Alfredo Fernández-Niño (U. del Norte, Barranquilla), Néstor Rojas (U. Nacional), Luis Camilo Blanco (U. Santo Tomás) and Víctor Herrera, U. Autónoma de Bucaramanga). Consult it here.  

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Inter-American Development Bank to investigate Ituango hydroelectric project

Washington D.C. In a historic decision, the Board of Executive Directors of the Inter-American Development Bank (IDB) approved an international investigation of the Bank’s private lending arm, IDB Invest, for its investment in the Ituango hydroelectric project. Located in the department of Antioquia, the Ituango dam has had a devastating impact on thousands of people across four departments and 27 municipalities in Colombia. The investigation’s main objective will be to determine whether—when financing this megaproject in a region of Colombia that continues to be affected by high levels of violence and resurgent armed conflict—the Bank complied with the social and environmental standards that it is obligated to uphold. The investigation will also examine whether any non-compliance by the Bank is connected to the serious harm that has been sustained by affected communities. “As those who have been affected by the Ituango dam, we demand that the investigation be rigorous and independent,” declared Isabel Zuleta, spokesperson for Movimiento Ríos Vivos in Colombia, which represents the affected communities. “For more than a decade, our communities have denounced the serious problems that the project has caused. These problems have been further exacerbated by the multiple emergencies that have occurred since 2018 and that continue to this day. We hope that, with this international investigation, the voices of victims and opponents of the project will finally be heard.” The investigation originated in a complaint filed by 477 people affected by the Ituango dam project. In the complaint, the affected communities—which are represented by Movimiento Ríos Vivos—emphasize that the Bank’s own policies require that the projects it finances must be sustainable, participatory, and in conformity with national legislation. In the case of the Ituango dam, none of this has happened. In the complaint, the communities indicate that the project lacked an adequate environmental impact assessment and that it did not allow for the participation of communities or provide access to information. They emphasize that the project has been advanced in a context marked by human rights violations, the disproportionate use of force, and increasing violence against people who defend their land and water. They also point out the pattern of discrimination faced by communities for deciding to oppose the project, as well as by women affected by the project. As the complaint lays out, all of this contradicts the social and environmental standards that the IDB must apply to its investments. Further, the complaint was filed in the wake of a humanitarian crisis that endangered the lives of thousands of people in the area surrounding the dam’s construction site. The crisis began after two of the dam’s diversion tunnels were blocked with cement, when a third tunnel became obstructed and the river’s flow increased dramatically. The resulting landslides and flooding forced thousands of people to be evacuated from their homes in a poorly planned, ad hoc manner, and many remain displaced to this day. No other development project in Colombia has caused a humanitarian crisis of this magnitude. This crisis reveals the inadequacy of both the impact assessment and the environmental regulation of the project, which—despite these deficiencies—was nevertheless approved. The state of emergency in the area affected by the crisis has yet to be lifted, and neither the government nor the regulatory agencies in Colombia have ruled out the possibility that the dam could collapse altogether. Even in this critical context, the affected communities sought to engage in a process of dialogue and dispute resolution with the company behind the dam project, which would have been facilitated by the IDB’s accountability mechanism. However, the company refused to participate in such a dialogue. For this reason, as the next step in the process following from the complaint, the accountability mechanism recommended this investigation. The communities affected by the Ituango dam, who live in the river basin of the Cauca River and its tributaries, are accompanied in the complaint process by the Center for International Environmental Law (CIEL), the Interamerican Association for Environmental Defense (AIDA), and International Accountability Project (IAP). The Ituango dam is expected to be the largest hydropower plant in Colombia, capable of generating 2,400 MW of electricity. Although the dam’s 79-kilometer-long reservoir was filled nearly two years ago, however, the dam has yet to generate any electricity. Moreover, the project has flooded 4,500 hectares without first removing the area’s vegetation, which is now generating large quantities of methane, a greenhouse gas. This flooding was undertaken even before the dam structure itself was completed and without informing, relocating, or compensating communities in the impacted area. IDB Invest has invested millions of dollars in the project and facilitated an additional billion-dollar investment in the project by other international banks. These investments have been maintained despite the grave crisis caused by the project. press contacts: Isabel Zuleta, Movimiento Ríos Vivos, [email protected] (Spanish only) Carla García Zendejas, Center for International Environmental Law, [email protected]                   Victor Quintanilla, Interamerican Association for Environmental Defense, [email protected]   Alexandre Sampaio, International Accountability Project, [email protected]   Note for editors: The investigation will be conducted by the Independent Consultation and Investigation Mechanism (MICI) of the Inter-American Development Bank. As an international accountability mechanism, the MICI addresses complaints from people and communities affected by IDB-funded development projects.  The investigation will be carried out within a maximum period of nine months, in light of the high complexity of the case. Among the aspects of the project that will be investigated are the following: Whether the area of influence was adequately assessed and the affected population properly identified; The heightened levels of conflict and insecurity in the area surrounding the dam, and its differentiated impacts on women; The participation of communities, which—in the opinion of the communities themselves—has been seriously lacking; The relationship between the project and the damage caused; The deficiencies in the project’s resettlement plans and supposed compensation; The assessment of the risk of disasters, and access to information about these risks.  

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Empowering fishermen to protect coral reefs, and their guardians

When he thinks of his childhood, Mario Smith remembers the abundance of fish, crabs and lobsters he and his father used to find while fishing, an activity now in decline on his island. "There used to be such abundance and today we are forbidden to fish for many things because of our irresponsibility in taking care of our resources," said Mario, who is now the leader of the San Luis Fishermen's Committee, whose members work on San Andres Island, Colombia. San Luis is a hamlet located on the east coast of San Andres with white sandy beaches and calm waters. I was there in August to support the dissemination of a very important resolution for the conservation of the coral ecosystems of the Colombian Caribbean. The law prohibits the capture and sale of several species of herbivorous and omnivorous fish that cleanse the corals of the algae that take away their light and space, thus supporting their survival. In recent years, a decrease in commercial species has led fishing communities have to go after herbivorous fish. This, in turn, has caused a reduction in populations of these species, particularly in the Caribbean. The resolution was issued on July 15 by the Corporation for the Sustainable Development of the Archipelago of San Andrés, Providencia and Santa Catalina (CORALINA), the environmental authority in that region. Disseminating and socializing these type of norms in local communities is very important so that residents, understanding the importance of these fish for the health of both the reefs and their economies, support actions aimed at their conservation. Along with CORALINA's education team, I visited several fishermen's committees, as well as schools and restaurants. I participated in a meeting of the Inter-Institutional Committee on Environmental Education, which was also attended by representatives of the government, the police, and the tourism and education sectors. The visits were very enriching, full of questions and emotions. In each of them I highlighted the benefits of taking care of our corals and the fish that help them thrive. Coral reefs are one of the most important ecosystems on the planet. They are home to more than 25% of our marine species and protect our coasts from hurricanes, storms and other weather events.  At Cajasai School, the active participation of one student surprised me. He told me of his concern about garbage on his beaches and about catching parrotfish, one of the most important species of herbivorous fish. "I'm very concerned about my resources and that's why I made a foundation to take care of the beaches that are close to my home," he told me passionately. His empathy and desire to fight for his beaches and sea inspired me. The beautiful landscapes of San Andrés and the interest of all the people I spoke with filled me with satisfaction and energy to continue working. But there is still a lot to do. Our marine resources are in danger of disappearing in the face of the global climate crisis. And the urgency to do something about it is becoming ever more pressing. Our coral reefs are among the ecosystems most threatened by this crisis, mainly due to changes in the acidity and temperature of our oceans. In addition, human actions such as pollution and overfishing are causing irreversible damages. That’s why AIDA will continue to support local efforts to conserve important marine species, such as the parrotfish and his herbivorous relatives.    LEARN MORE  

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Fracking

State Council maintains suspension of fracking in Colombia

We are proud to be part of the litigation in which this decision occured and hope that the high court will continue to prioritize the precautionary principle and consider the risks of harm that fracking poses to the environment and human health. Bogotá, Colombia. In response to an action filed by the Public Interest Legal Clinic of the Universidad del Norte, Colombia's State Council maintained the provisional suspension of the exploration and exploitation of non-conventional hydrocarbon deposits through hydraulic fracturing. This means that fracking continues to be suspended in Colombia, that it is currently illegal to carry it out, and that Colombia is in the midst of a moratorium on fracking by court order. With its decision, the State Council, a Colombian High Court, rejected the government's request, which sought to lift the suspension that has been in force since last November and give free rein to fracking in the country. AIDA celebrates the State Council's decision and we feel very honored to be part of this litigation. It is undoubtedly a step in the right direction given the high degree of uncertainty about the risks associated with fracking. These include: air pollution, the contamination of surface and groundwater sources, damages to human health, and emissions of methane—a potent greenhouse gas and one of the main aggravators of the climate crisis facing the world. In this scenario, the urgency of moving towards clean energy is evident. The high court concluded that the precautionary principle should be applied because, even without absolute scientific certainty, there is minimal evidence of potential damage resulting from an apparent deficiency in the measures contemplated in the regulation of fracking. Colombia today aims to be an example for Latin America. The provisional suspension of the regulation corresponds to a precautionary measure while the case is definitively resolved. It is essential that the State Council continue to give priority to the precautionary principle, taking into account the lack of full certainty about the risks of irreversible damage that fracking implies for the environment, the climate and for people. At AIDA, we welcome judicial independence, because it is fundamental for the legal protection of the environment. We hope that the ongoing judicial process will properly consider the evidence and arguments presented, including those related to an increasingly urgent task: the fight against the climate crisis. PRESS CONTACT: Victor Quintanilla (Mexico), AIDA, [email protected], +5215570522107  

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