Project
Victory: Constitutional Court Defends Right to Prior Consultation
On January 23, 2008, the Colombian Constitutional Court declared the Forest Law of 2006 to be unconstitutional and therefore, invalid, because lawmakers did not consult with indigenous, afrodescendant, and tribal communities during development of the law as required.
This decision is an advance for these Colombian communities who view many economic development projects and policies as a threat to their traditional territory and cultural identity, as well as the environment. The ruling also establishes a valuable legal precedent that can be used to bolster indigenous and tribal communities’ rights in other legal cases throughout the Americas.
The Colombian government is required by law to consult with indigenous and tribal communities regarding administrative and legislative decisions that may affect them. It is obligated to do so because the Colombian Congress previously adopted into law “Convention 169,” a treaty of the International Labour Organization that protects this right and others.
In this case, the Court decided that indigenous and tribal communities should have been consulted because the Forest Law regulates forest issues in general terms, and contains provisions that “will likely affect areas generally used by the communities, which could impact their lifestyles and their close relationships with the forests.”
The court also declared that the requirement to consult with indigenous and traditional communities cannot be replaced with the general public participation process that the government carried out regarding the Forest bill. Rather, to comply with the law, the government should inform the communities about the proposed law, explain its implications and how it could affect them, and give them opportunities to effectively state their opinions regarding the bill.
As a result of this court ruling and civil society’s call to respect the right to prior and informed consultation, the Colombian government proposed a law to regulate and enforce this fundamental right. The Ministry of Agriculture also began developing a new forest law, this time using a process that complies with prior and informed consent procedures.
The lawsuit was brought by a group of students and professors from the University of Los Andes Law School in Bogota with the support of AIDA. Social organizations including the Proceso de Comunidades Negras, the National Indigenous Organization of Colombia (ONIC) and CENSAT Agua Viva also supported the group in presenting this case.
This group also filed a second lawsuit against the Forest Law alleging that the law violated Constitutional provisions protecting the environment. However, because of the January court decision, no decision will be made on this second suit.
Related projects
Calling on Chile to protect Patagonia from the risks of the salmon industry
More than half of the salmon farms in Chile’s Magallanes Region are depleting oxygen from sensitive marine waters, suffocating marine life. Civil society organizations filed an administrative complaint and a petition calling on the government to investigate and punish farm operators, and to enforce existing regulations. Santiago, Chile. Civil society organizations filed a complaint today asking the Superintendent of the Environment to investigate damages caused by salmon farms in the Magallanes Region of Southern Patagonia, and to sanction the companies responsible. According to government reports, salmon farms in the area are depleting the water of oxygen, causing a serious threat to marine life. The organizations also launched a citizen’s petition to support the formal complaint. “Salmon farming concessions have been approved in Magallanes without a detailed assessment of the impacts the industry may have on the region,” said Florencia Ortúzar, an attorney with the Interamerican Association for Environmental Defense. “The damages are already occurring: a report by the Comptroller General of the Republic found that, between 2013 and 2015, more than half of the salmon farms in Magallanes created anaerobic conditions, gravely threatening marine life.” Chile is the world’s second largest producer of salmon. The industry, which developed on coasts further north, has now entered the Magallanes region in the southermost tip of the country. The pristine waters there are highly vulnerable to human activity. Magallanes has the largest number of protected natural areas in the country; it shelters such protected species as the blue whale, the sperm whale, the Magellanic penguin, the elephant seal, the leatherback sea turtle, the southern dolphin, and the Chilean dolphin. “Salmon farms are cultivating more fish than the ecosystem can withstand. They are filling sensitive waters with chemicals and antibiotics,” said Francisco Campos-Lopez, director of #RealChile. “Those chemicals, combined with the feces of the animals, cause a dangerous lack of oxygen in the waters, endangering sea life.” NOTE: More information available at aida-americas.org/salmonfarms Press contacts: Florencia Ortúzar, AIDA Attorney, +56 9 7335 3135, [email protected]
Read more
Remembering Robert Moran
It is with great sadness that we share news about the passing of Dr. Robert E. Moran, a distinguished hydrogeologist who was an immense resource in furthering environmental protection globally and a dedicated partner to AIDA. He died May 15 in a car accident while vacationing in Ireland. With over 45 years of experience in water quality monitoring, geochemical, and hydrological work, Dr. Moran was invaluable in the fight for clean water and responsible mining worldwide. His work as an expert on the environmental impacts of mining led him to collaborate with a wide range of actors, from non-governmental organizations and indigenous communities, to private sector and government clients. He was an admirable scientist and a strong defender of environmental rights. Some of Dr. Moran's recent projects in Latin America included: a review of technical issues at the Veladero gold mine in Argentina following a toxic cyanide spill; providing assistance and training to Colombian government officials on coal mine inspection and water quality monitoring; and preparing reports evaluating the environmental impact statements of the Minero Progreso Derivada II project in La Puya, Guatemala. Dr. Moran also conducted reviews of mining operations and their impacts in Peru, Bolivia, Colombia, and Honduras, as well as in Africa, Europe, Central Asia, the Middle East, and the United States. He dedicated his life to helping others understand and better evaluate the true costs of mining activities. Dr. Moran will be sorely missed by many in the environmental movement and people everywhere whom his life touched. We honor and thank him for all of his magnificent work to defend our planet.
Read more
Love for my daughter and the planet
Before I became a mother, I heard the question a thousand times: “Is it a good idea to bring more human beings into the world?” I often asked it myself. Thinking logically, the most obvious answer is no. The news shows us that we live on an overpopulated planet—one with water shortages, species extinction, alarming pollution and environmental degradation. It seems to be getting ever worse. That´s why, while being a mom is always difficult, being an environmentalist as well makes it even more so. Being an environmentalist is like fighting a million-headed monster: when one problem is solved, another 10 pop up. It means learning daily of the perilous situation facing our planet: the threats, the battles lost, the people and species suffering. Faced with such news, it’s impossible to turn a blind eye. Ignorance can no longer be an excuse for our actions. “What kind of world do you want to leave your children?” This is the question I’m faced with now. Yet it seems almost obsolete. It’s more important to think about what kind of world we want our kids to live in right now. To address this, parents like me are faced with an endless array of factors to consider before deciding something as simple as what to feed our children. It’s no longer enough that the food be balanced and nutritious. Now we must know if the food is pesticide-free, non-GMO, made with only natural ingredients… the list is endless. In Mexico, where I live, few children have the privilege of playing in a river or forest, on a beach or mountainside, or simply in the greenery of a park. In addition to keeping them safe from violence and human trafficking, we must also prevent our children from being exposed to high levels of air pollution. So if the world is so bad, why do we keep having children? They say that frogs do not breed unless they know there will be rain because, without rain, they know their offspring will be in danger. In the animal world, countless species regulate their reproduction based on their close relationship with nature. If conditions are not conducive, they do not reproduce. Are we human beings, then, the only species that reproduces at all costs, regardless of environmental threats? Humans are different from other species because of our awareness, and our ability to see beyond basic survival to things like art, love, empathy, and the search for meaning. Helping to make a difference is what brings meaning to my life. As part of the AIDA team, I work alongside professionals who dedicate their lives to saving rivers, defending human rights, protecting forests, supporting environmental defenders, empowering vulnerable communities, and giving a voice to the voiceless. It’s true that the news bombards us daily with worrisome stories about our planet. But it’s what the news rarely reports that shapes my vision of the future. Every day, I see a growing number of people who are prepared, engaged, and working to build a better world. They are mothers, fathers, children, students, teachers, professionals, and volunteers; they come from every imaginable country and culture; and they are willing to do whatever is necessary to help others. Above all, I see a critical mass of people that believe we can. We can change course, generate alternative energies, lessen our footprint; we can rectify wrongdoings, empower the vulnerable, combat xenophobia and greed; we can spend our money more wisely, and find more democratic ways of doing business. I have the privilege of working alongside a diverse group of people who have committed to fighting the good fight, and who won’t let go of the divine connection to the land that has given us life. These are the people who make me think that having children today is not only feasible, but also desirable. Because we can instill our children with generosity, compassion and respect—not just for themselves and the people around them, but also for the trees, the rivers, the animals, and all living things. Still, I often wonder whether we’ll ever get it right. I wonder if my five-year-old daughter will become an adult in a world where fresh water and clean air are seen as basic human rights; or if they will be commodities within reach of only the privileged few. Though I’ve never questioned whether or not my decision to have my daughter was the right one, I do still return to the question of whether or not the world needs more people. And then I look at my daughter’s shining eyes, at her gentle hands, at her dancing legs, at her infectious smile and her tireless curiosity. In her soft embrace, I feel her generosity, her compassion, and her boundless hope. Her laughter is so deep it could wake the flowers in spring; her spirit so generous it can shine love out on all living things; and her potential so huge she just may be the one to help push our planet towards a brighter future. There is no answer, then, but YES. For my daughter, and all children who carry within the potential for a better world, we will continue working to defend our beautiful planet. Join us! AIDA is an international nonprofit organization that uses the law to protect the environment, primarily in Latin America.
Read more