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.
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Putting my heart in the conservation of wetlands
Coral reefs are my favorite wetlands. They’re full of so many colors and shapes, and simply teeming with life. When I’m underwater, my heart is full of peace and excitement, as I see myself surrounded by so many forms of life, so many species living together. As a marine biologist, I’ve had the opportunity to scuba dive in a variety of countries and see many of these beautiful ecosystems up close. Of all my dives, the ones I enjoyed most were those I did—for work and for pleasure—in the Bay Islands of Honduras. As a recent college graduate and volunteer with the Atlantic and Gulf Rapid Reef Assessment Program, I was in charge of monitoring the countless organisms that live in or on the reefs—seaweed, sea urchins, lobsters, queen snails, and so many others. Without a doubt, my time diving in the Cayos Cochinos sparked my personal and professional journey. Since then, I’ve set out to protect these magical ecosystems, vital to all life this planet. My current role, as scientific advisor to AIDA, uses science to strengthen the legal arguments employed to protect these and other at-risk natural environments in Latin America. Wetlands, vital and at-risk In addition to coral reefs, wetlands—characterized by the presence of water—include lakes and rivers, underground aquifers, swamps and marshes, grasslands, peat bogs, estuaries and deltas, mangroves, and sea grasses. Wetlands act as the “kidneys” of the planet because they recycle water and waste, retain sediment and nutrients, reduce erosion, and absorb carbon dioxide from the atmosphere, in turn mitigating climate change. However, it’s estimated that since 1700 we’ve lost nearly 87 percent of our wetlands at a speed three times greater than the loss of our natural forests. This has caused a drastic reduction in biodiversity, affecting 81 percent of continental species and 36 percent of marine and coastal species. Among the greatest threats to our wetlands are contamination by garbage, wastewater and industrial pollution; changes in land use; agricultural runoff, erosion and climate change. What’s more, global warming is increasing the temperature of the oceans, raising sea levels, and melting the poles. According to the Intergovernmental Panel on Climate Change, an increase of 1.5°C in global temperature could kill almost 90 percent of the world’s coral reefs—an irreversible and heartbreaking loss. Taking action to save wetlands Given this frightening global scenario, urgent action is required to protect our planet’s wetlands. In fact, there are many ways we can begin to do so immediately, such as: Creating restoration campaigns for vital ecosystems like mangroves and coral reefs. Declaring natural protected areas, to conserve wetlands and the species that depend on them. Developing policies that allow for the rational use of wetlands, where conservation is prioritized. Prohibiting the destruction of these ecosystems in any type of project, be it tourism, development or infrastructure. Establishing water treatment plans to prevent drainage and runoff from contaminating wetlands. Every year, on February 2, we celebrate World Wetlands Day, commemorating the signing of the Ramsar Convention, the only intergovernmental treaty for the conservation and rational use of our planet’s wetlands. This year’s celebration is focused on wetlands and climate change, inviting us all to reflect on the value of our wetlands, the critical services they provide, and urgency with which we must protect them. We are not powerless in the face of climate change. Saving our wetlands may just be the first step toward saving our planet, and ourselves.
Read morePutting my heart in the conservation of wetlands
Coral reefs are my favorite wetlands. They’re full of so many colors and shapes, and simply teeming with life. When I’m underwater, my heart is full of peace and excitement, as I see myself surrounded by so many forms of life, so many species living together. As a marine biologist, I’ve had the opportunity to scuba dive in a variety of countries and see many of these beautiful ecosystems up close. Of all my dives, the ones I enjoyed most were those I did—for work and for pleasure—in the Bay Islands of Honduras. As a recent college graduate and volunteer with the Atlantic and Gulf Rapid Reef Assessment Program, I was in charge of monitoring the countless organisms that live in or on the reefs—seaweed, sea urchins, lobsters, queen snails, and so many others. Without a doubt, my time diving in the Cayos Cochinos sparked my personal and professional journey. Since then, I’ve set out to protect these magical ecosystems, vital to all life this planet. My current role, as scientific advisor to AIDA, uses science to strengthen the legal arguments employed to protect these and other at-risk natural environments in Latin America. Wetlands, vital and at-risk In addition to coral reefs, wetlands—characterized by the presence of water—include lakes and rivers, underground aquifers, swamps and marshes, grasslands, peat bogs, estuaries and deltas, mangroves, and sea grasses. Wetlands act as the “kidneys” of the planet because they recycle water and waste, retain sediment and nutrients, reduce erosion, and absorb carbon dioxide from the atmosphere, in turn mitigating climate change. However, it’s estimated that since 1700 we’ve lost nearly 87 percent of our wetlands at a speed three times greater than the loss of our natural forests. This has caused a drastic reduction in biodiversity, affecting 81 percent of continental species and 36 percent of marine and coastal species. Among the greatest threats to our wetlands are contamination by garbage, wastewater and industrial pollution; changes in land use; agricultural runoff, erosion and climate change. What’s more, global warming is increasing the temperature of the oceans, raising sea levels, and melting the poles. According to the Intergovernmental Panel on Climate Change, an increase of 1.5°C in global temperature could kill almost 90 percent of the world’s coral reefs—an irreversible and heartbreaking loss. Taking action to save wetlands Given this frightening global scenario, urgent action is required to protect our planet’s wetlands. In fact, there are many ways we can begin to do so immediately, such as: Creating restoration campaigns for vital ecosystems like mangroves and coral reefs. Declaring natural protected areas, to conserve wetlands and the species that depend on them. Developing policies that allow for the rational use of wetlands, where conservation is prioritized. Prohibiting the destruction of these ecosystems in any type of project, be it tourism, development or infrastructure. Establishing water treatment plans to prevent drainage and runoff from contaminating wetlands. Every year, on February 2, we celebrate World Wetlands Day, commemorating the signing of the Ramsar Convention, the only intergovernmental treaty for the conservation and rational use of our planet’s wetlands. This year’s celebration is focused on wetlands and climate change, inviting us all to reflect on the value of our wetlands, the critical services they provide, and urgency with which we must protect them. We are not powerless in the face of climate change. Saving our wetlands may just be the first step toward saving our planet, and ourselves.
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