Project

Organizing the Network for Environmental Justice in Colombia

The Network for Environmental Justice in Colombia is an effort to coordinate organizations and legal resources for the protection of human rights and the environment.

The Network was founded in 2010 under the coordination of AIDA and with the help of the Latin American Institute for Alternative Society and Law, the Institute for the Study of Peace and Development, the Inter-Ecclesial Commission for Justice and Peace, and the University of Los Andes, the University of Caldas, and Del Rosario University. The network began with 79 participants and now includes more than 500 people and participating organizations.

What does the network do?

The Network’s principal objective is to propose solutions to environmental conflicts in Colombia. It also aims to promote the fair and effective use of international and domestic environmental law, in particular, the right to a clean and healthy environment.

Facilitates the exchange of knowledge and information to implement legal strategies in precedent-setting cases. One such project was the Mandé Norte Mine, in which several members of the Network developed a legal strategy, resulting in a judicial decision that established Colombia’s need to perform an independent environmental impact assessment. Most importantly, the decision also mandated that developers obtain the consent of indigenous peoples before moving forward with any projects in their territory.
Promotes organizational alliances, garners support, and connects legal work in defense of the environment.
Organizes conversations, forums, and constructive debates on environmental issues.
Provides access to legal resources including laws, court decisions, articles and legal analysis, and facilitates communication through its website and social media channels.
Advises law students through the AIDA volunteer program. In doing so, the Network strengthens the capacity for environmental law in Colombia.

Partners:

Related projects

Advocating before the Green Climate Fund

Stopping the spread of fracking in Latin America

Monitoring the UN Climate Negotiations

Supporting Cajamarca’s fight to defend its territory from mining

Latest News

September 09 2013

Andisols: Vitally important and vulnerable soils

Have you ever heard of Andisols? They are a vitally important building block for ecosystems in the Americas including Andean forests and high-altitude wetlands known as páramos, not to mention the cultivation of food. In this post, I’ll explain more about these soils and why it’s crucial to protect them. The Food and Agriculture Organization of the United Nations (FAO) defines Andisols as a type of volcanic black soil typically found in mountainous regions. Andisols occupy roughly 1% of the world’s land surface area, primarily in the Ring of Fire, a string of volcanoes and active tectonic hotspots along the edges of the Pacific Ocean. The ring runs through Chile, Ecuador, Mexico, Japan, Indonesia, New Zealand and other countries, with among the world’s greatest amount of Andisols found in Colombia. Andisols are an essential tool for agriculture and can be used to cultivate sugarcane, tobacco, potatoes, tea, vegetables, wheat, rice and other crops. These soils also sustain fragile ecosystems in the Andes mountains from forests to páramos, helping to provide essential nutrients and regulate the water cycle. In short, Andisols play a vital role in Colombia’s natural landscape. On the world stage, the protection of Andisols is equally important to sustain the food requirements of an increasing global population. By 2050 there will be some nine billion people, and, according to the FAO, to feed them we will need to produce “another one billion tons of cereals and 200 million tons of livestock products per year.” Right now, soil conservation, the protection of ecosystems and sustainable food production are merely transcendental topics for humanity. A rational and respectful use of soils is strategically important. In 2050, a hungry person will not be able to eat banknotes, electronic devices, cars, gold bullion or gasoline. We will face a serious problem if no fertile soil is left for food cultivation. Already today millions of people that go hungry due to unequal food distribution. FAO data from 2011 shows that “almost one billion people are undernourished, particularly in Sub-Saharan Africa (239 million) and Asia (578 million).” While Andisols play a critical role in food production and ecological health, the development of extractive industries – primarily energy and mining – are causing serious negative impacts on these rich soils in Colombia. Public policies must be put in place to regulate and guarantee environmentally sustainable management of these essential soils because the country’s food security and sovereignty depend on them, as does the conservation of mountain ecosystems. To properly protect Andisols, we need to implement a legal framework to ensure they are used in a responsible and environmentally sustainable way for food production and that they are protected from harmful extractive industries. The FAO World Soil Charter of 1982 provides the following guidance to the world’s governments, including Colombia’s: “Develop a policy for wise land use according to land suitability for different types of utilization and the needs of the country.” Regardless of any directives from the United Nations or whatever other international organization, Colombia’s future rests in our own hands. We need to think about how we can guarantee our viability, survival and, of course, our food. We must also consider how to fulfill our responsibility of caring for a country with an incredible wealth of biopersity, from flora and fauna to water supplies and Andisols.

May 07 2012

Prior consultation: An opportunity for life, respect and diversity

By Héctor Herrera, legal advisor, AIDA, @RJAColombia Colombia’s ethnic groups have decrees and laws that protect their cultural persity, that defend the individual and collective livelihood of these native and traditional peoples and communities. Article 6 of Convention No. 169 of the International Labour Organization (ILO) stipulates that indigenous peoples have the right to prior consultation. That means that they should participate in defining the measures that could have a direct impact on them, whether legislative (such as laws or decrees) or administrative (environmental permits for highways, dams, mines, oil wells, and the like). The negotiations should be carried out in good faith and with the goal of reaching agreements on all sides. This has become very important in Colombia, a multiethnic, multicultural, and diverse country. According to the Luis Ángel Arango Library, 65 indigenous languages in 12 language families are spoken in Colombia, of which 34 have less than one thousand speakers. Traditional Afro groups speak two different Creole languages. Yet all of these languages are in danger. Colombia also is extremely diverse in biological species globally, ranking first in birds, second in amphibians and butterflies, third in reptiles, and fourth in mammals, according to the Humboldt Institute. Colombian newspaper El Espectador reported 2011 data showing that 10% of all biodiversity is found on 1% of the planet’s surface. In Columbia, 29.8% of this is collective indigenous territory and 5% is collective traditional Afro territory. Understanding this, prior consultation emerges as an opportunity to protect the cultural and ethnic persity of Colombia and defend the inpidual and collective livelihood of the many native and traditional peoples and communities. It is, too, an opportunity to protect the ecosystems that these ethnic groups inhabit as well as to protect life in all its forms. This does not mean forcing anybody to adopt a conservation, extractive, or development model. It simply means making sure that an effective space is provided for clear, honest, and intercultural dialogue with ethnic groups on measures that could affect them, whether legislative or administrative measures or national laws or extractive mining projects. This is completely in line with the stipulations of Article 6 of Convention No. 169 of the ILO . This right has also been recognized in numerous national and international legal documents. On the international level, we have the United Nations Declaration on the Rights of Indigenous Peoples, adopted in 2007 (PDF file). In Colombia, we have the Political Constitution, which protects the rights of ethnic groups to their collective territory and the rights of all of society to a healthy environment. With the backing of international legal documents and the Political Constitution, the Constitutional Court of Colombia upheld the right to prior consultation for the “Embera indigenous people” in relation to the construction of the Urrá dam in 1998 and for Amazon indigenous peoples on the fumigation of illegal crops in 2003. In other cases, the High Court declared unconstitutional the National Development Plan of 2006-2010, the forestry law of 2006 and the mining code reform of 2010 because the proponents had not consulted with ethnic groups. There are yet more cases outside Colombia, such as Bolivia with the Multinational Constitution of 2009 and Ecuador with the Intercultural and Multinational Constitution of 1998, both of which recognize the right to prior consultation. So too Peru, where a law on this right was just passed this year. Culture, language and a view of the world – all of these can live on through time if we respect them and guarantee people’s rights, including the right to prior consultation. The protection of this right could also contribute to the protection of important ecosystems and of biological persity, both of which are vital issues as we face unprecedented climate change and environmental degradation.