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
Science in the Service of Environmental Justice
By David Cañas and Mayela Sánchez* Science—or rather, the sciences—are the systems of knowledge that different social groups have developed over time to describe the phenomena of nature and society. Thanks to these knowledge systems, humanity has been able to find solutions to countless challenges, and today, more than ever, they must respond to global crises such as climate change, pollution, and biodiversity loss.Understanding ecosystem processes is essential for protecting the environment and providing verifiable, replicable evidence of natural phenomena and the impacts of human activities. It also enables the development of innovative solutions to protect and restore the environment.For science to contribute meaningfully to environmental justice—a concept centered on ensuring that all people enjoy a healthy environment—scientific work must be grounded in the realities of the people and communities affected by environmental degradation, who live in or rely on ecosystems vulnerable to harm. It must also be built on empathy and respect for other forms of knowledge, while seeking to reduce social inequalities.At AIDA, science is a central part of our work, supporting and complementing the strategic litigation we pursue to protect a healthy environment in Latin America. Through science, we can demonstrate the environmental impacts caused by human activities and hold those responsible accountable. How Do We Do Science at AIDA? The AIDA scientific team is a multidisciplinary group of professionals specializing in diverse fields, including geography, geology, biology, marine biology, oceanography, anthropology, and economics.Among other tasks, they collect and develop scientific evidence to strengthen the legal arguments in the cases we support across our various lines of work—from protecting the ocean and other critical ecosystems to defending human rights, such as the right to health and access to safe drinking water.The strategic use of science has been central to AIDA’s work since the organization was founded more than 25 years ago. One early example is the case of La Oroya in Peru, where a group of residents sued the government for failing to protect them from decades of heavy metal pollution caused by a metallurgical complex.Then we did something that had not been done before: we connected existing studies with the lived reality of La Oroya. This approach allowed us to demonstrate the relevance of the case and establish a clear link between pollution and its impact on the health of the city’s residents. Our analysis, compiled in the report La Oroya Cannot Wait, served to build the legal case and formulate proposals to the Peruvian government for corrective and preventive measures to address the problem. In 2024, in a decision that set a historic precedent for state oversight of industrial pollution, the Inter-American Court of Human Rights held the Peruvian state responsible and ordered it to adopt comprehensive reparations measures. Among the scientific team’s more recent contributions is a geospatial analysis of the Salar del Hombre Muerto in the Argentine provinces of Catamarca and Salta. Using maps and satellite imagery, the team documented water loss in this ecosystem caused by lithium mining.Another example is the expert report on solid waste pollution in the tributaries of the Motagua River in Guatemala, in which we recorded and characterized illegal dumps along the banks of the Chinautla River. This work enabled the affected communities to gather the evidence needed for the lawsuit they filed against the municipality of Chinautla for failing to address the contamination of rivers and soil caused by inadequate solid waste management. The Right to Science When science serves social and environmental justice, its benefits extend to everyone. This purpose was recently upheld by the Inter-American Court of Human Rights in its Advisory Opinion 32, which recognizes the “right to science” as the right of all people to enjoy the benefits of scientific and technological progress, as well as to have opportunities to contribute to scientific activity without discrimination.The Court also recognized indigenous, traditional, and local knowledge as equally valid forms of knowledge. This acknowledges how the deep understanding that indigenous peoples and local communities have of their environment—their worldview based on respect and interdependence, and their spiritual connection to nature—has been fundamental to ecosystem conservation.As an organization that uses science as a tool for environmental protection, we believe in a science that embodies these principles: one built on dialogue between different forms of knowledge, whose benefits reach all people, and which contributes to the socio-ecological transformation the planet urgently needs. *David Cañas is AIDA's Interim Director of Science; Mayela Sánchez is our digital community specialist.
Read moreScience in the Service of Environmental Justice
By David Cañas and Mayela Sánchez* Science—or rather, the sciences—are the systems of knowledge that different social groups have developed over time to describe the phenomena of nature and society. Thanks to these knowledge systems, humanity has been able to find solutions to countless challenges, and today, more than ever, they must respond to global crises such as climate change, pollution, and biodiversity loss.Understanding ecosystem processes is essential for protecting the environment and providing verifiable, replicable evidence of natural phenomena and the impacts of human activities. It also enables the development of innovative solutions to protect and restore the environment.For science to contribute meaningfully to environmental justice—a concept centered on ensuring that all people enjoy a healthy environment—scientific work must be grounded in the realities of the people and communities affected by environmental degradation, who live in or rely on ecosystems vulnerable to harm. It must also be built on empathy and respect for other forms of knowledge, while seeking to reduce social inequalities.At AIDA, science is a central part of our work, supporting and complementing the strategic litigation we pursue to protect a healthy environment in Latin America. Through science, we can demonstrate the environmental impacts caused by human activities and hold those responsible accountable. How Do We Do Science at AIDA? The AIDA scientific team is a multidisciplinary group of professionals specializing in diverse fields, including geography, geology, biology, marine biology, oceanography, anthropology, and economics.Among other tasks, they collect and develop scientific evidence to strengthen the legal arguments in the cases we support across our various lines of work—from protecting the ocean and other critical ecosystems to defending human rights, such as the right to health and access to safe drinking water.The strategic use of science has been central to AIDA’s work since the organization was founded more than 25 years ago. One early example is the case of La Oroya in Peru, where a group of residents sued the government for failing to protect them from decades of heavy metal pollution caused by a metallurgical complex.Then we did something that had not been done before: we connected existing studies with the lived reality of La Oroya. This approach allowed us to demonstrate the relevance of the case and establish a clear link between pollution and its impact on the health of the city’s residents. Our analysis, compiled in the report La Oroya Cannot Wait, served to build the legal case and formulate proposals to the Peruvian government for corrective and preventive measures to address the problem. In 2024, in a decision that set a historic precedent for state oversight of industrial pollution, the Inter-American Court of Human Rights held the Peruvian state responsible and ordered it to adopt comprehensive reparations measures. Among the scientific team’s more recent contributions is a geospatial analysis of the Salar del Hombre Muerto in the Argentine provinces of Catamarca and Salta. Using maps and satellite imagery, the team documented water loss in this ecosystem caused by lithium mining.Another example is the expert report on solid waste pollution in the tributaries of the Motagua River in Guatemala, in which we recorded and characterized illegal dumps along the banks of the Chinautla River. This work enabled the affected communities to gather the evidence needed for the lawsuit they filed against the municipality of Chinautla for failing to address the contamination of rivers and soil caused by inadequate solid waste management. The Right to Science When science serves social and environmental justice, its benefits extend to everyone. This purpose was recently upheld by the Inter-American Court of Human Rights in its Advisory Opinion 32, which recognizes the “right to science” as the right of all people to enjoy the benefits of scientific and technological progress, as well as to have opportunities to contribute to scientific activity without discrimination.The Court also recognized indigenous, traditional, and local knowledge as equally valid forms of knowledge. This acknowledges how the deep understanding that indigenous peoples and local communities have of their environment—their worldview based on respect and interdependence, and their spiritual connection to nature—has been fundamental to ecosystem conservation.As an organization that uses science as a tool for environmental protection, we believe in a science that embodies these principles: one built on dialogue between different forms of knowledge, whose benefits reach all people, and which contributes to the socio-ecological transformation the planet urgently needs. *David Cañas is AIDA's Interim Director of Science; Mayela Sánchez is our digital community specialist.
Read more
A Practical Toolkit for Using Advisory Opinion 32/25 in Climate Justice Work
READ AND DOWNLOAD THE TOOLKIT The climate crisis is already affecting people and communities across Latin America and the Caribbean—damaging homes, livelihoods, ecosystems, and the fundamental right to a healthy environment.Advisory Opinion 32/25 of the Inter-American Court of Human Rights is the first of its kind to establish that both States and non-State actors—including companies—have clear and binding legal obligations to confront the causes and consequences of the climate emergency as a human rights issue.The historic interpretation, made public on July 3, 2025, gives human rights and environmental defenders a powerful new tool to demand action and justice.But how can this decision be used in real cases, campaigns, and policies today? A Legal Toolkit for Climate JusticeTo help answer that question, more than 20 experts and organizations—including AIDA—created a new publication analyzing the Court's decision with an emphasis on its practical applications.Climate Justice and Human Rights: Legal Standards and Tools from the Inter-American Court’s Advisory Opinion 32/25 contains 14 briefs, organized into four key areas:Foundational Rights and Knowledge;State and Corporate Obligations;Rights of Affected Peoples and Groups;Environmental Democracy and Remedies. Each brief contains:Context and background to situate the issue.A clear legal analysis of the Court’s key contributions.A critical look at how these standards can be applied in practice.Identification of opportunities to advance advocacy and litigation, as well as the gaps that remain. All content was rigorously peer-reviewed to ensure clarity and accuracy. Why Does This Matter Now?With OC-32/25, advocates and local communities across the region now have:Stronger grounds for litigation—incorporating human rights standards into climate-related cases.Legal leverage for corporate accountability—clarifying businesses’ duties to prevent and remedy harm.Arguments to expand protections for those most affected: children, women, Indigenous Peoples, Afro-descendant communities, and environmental defenders.Policy tools to demand national climate actions aligned with human rights. In a region facing disproportionate climate risks, this decision shifts power toward communities and movements seeking justice.What You Can Do With This ToolkitThis publication is a tool to facilitate understanding of the Court's decision and promote concrete legal and political actions to protect communities and ecosystems from the climate emergency.It is addressed to individuals, communities, organizations, and networks working on the climate crisis and human rights issues, providing them with standards and practical recommendations to strengthen their litigation and advocacy strategies and efforts.In short, it's designed to help you incorporate strong legal arguments your work, including:Shaping urgent protection actions for frontline communities.Strengthening advocacy campaigns with legal backing.Informing climate legislation and public policy debates.Supporting community-led demands for adaptation and resilience.Integrating human rights standards into strategic litigation. Whether you are a lawyer, organizer, community leader, or policymaker—this toolkit can help you to turn legal standards into real protection and accountability. A Call to ActionLatin America has contributed least to global emissions but is among the most impacted by climate harms. OC-32/25 opens a new chapter: one where the defense of human rights is also the defense of our climate.Now is the time to use this decision to advance justice across the region.Together, we can transform this legal milestone into tangible protections for the people and places who need them most. READ AND DOWNLOAD THE TOOLKIT
Read more