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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The professionals of AIDA’s freshwater program defend one of Earth’s most precious resources—water. The earth provides us with water in many ways, and the ways those water sources are threatened are just as widespread—but chief among them are extractive activities like mining and fracking. At AIDA, we understand the risks and we won’t let our guard down. Learn more about what motivates us to care for our greatest life source! “WITHOUT WATER, THERE IS NO FUTURE.” Carlos Lozano Acosta, Senior Attorney “Water is a life force not just in nature, but in our societies as well. It is a distinct characteristic of our experience on the planet. Cultures, economies and ecosystems depend on water and, for that reason, there is no future for us on this planet without it.” As a child, Carlos and his family used go for hikes near his father’s farm, on the outskirts of a páramo—a unique high altitude wetland that captures moisture from the fog and sends water to lower elevations via streams. Since those early days, Carlos has understood that páramos are vital to the water supply in his native Colombia. “I GREW UP WITH THE IDEA THAT CLEAN WATER IS A RIGHT, NOT A PRIVILEGE.” Claudia Velarde, Legal Advisor “What motivates me to care for our water sources is life itself. Clean water is an indispensable resource, a common good and a basic human right; the reproduction of our life systems is not possible without it. I grew up with the idea that clean water is a right, not a privilege.” Claudia was born in Cochabamba, Bolivia, a city whose name in the indigenous Quechua language means “the plain of lakes.” Despite its name, the city has suffered from decades of drought and water scarcity. Cochabamba is infamous for the Water War of 2000, during which residents flooded the streets to defend their water from privatization. Claudia grew up in that context and, like many women from Cochabamba, she has a strong connection to water and its inherent value. “MY STRONGEST MOTIVATION IS AN AWARENESS THAT THE HEALTH OF EARTH’S ECOSYSTEMS DEPENDS ON FUNCTIONING WATER FLOWS.” Andres Angel, Scientific Advisor “My strongest motivation is an awareness that the health of Earth’s ecosystems depends in large part on functioning surface and subterranean water flows. Understanding that our economic activities have the potential to irreversibly disrupt those flows is to realize the urgent need to protect the sources and quality of water throughout the Americas.” It wasn’t easy for Andres to study geology, a career that often promotes extractivism. His principal motivation was to understand the conflicts and socio-ecological dangers caused by mining and fossil fuel exploitation in his country, Colombia. Understanding those impacts to be perpetual, Andres decided to devote his professional life to questioning the development model and providing alternatives. “TO PROTECT WATER IS TO DEFEND THE SOURCE AND MEANING OF LIFE.” Juana Hofman, Legal Coordinator for the Network for Environmental Justice in Colombia “Life is what motivates me. To protect freshwater ecosystems and the people that depend on them is to defend the source and meaning of life. I’m motivated by a deep respect for ecosystems, because I feel a part of them, and they need protection. I’m motivated by the frailejones, ancient plants that serve as water factories, and by the mountains, vast landscapes that have sheltered me since my birth. It is their strength and beauty that allow us to truly live.” Juana was born in a small town in the mountains of Colombia. When she was a child, her father taught her of the greatness of the oak trees, which for Juana came to signify strength and wisdom. Ever since, her life has been deeply linked to the mountains, rivers, and páramos of Colombia.
Read moreWhat motivates us to preserve our freshwater sources?
The professionals of AIDA’s freshwater program defend one of Earth’s most precious resources—water. The earth provides us with water in many ways, and the ways those water sources are threatened are just as widespread—but chief among them are extractive activities like mining and fracking. At AIDA, we understand the risks and we won’t let our guard down. Learn more about what motivates us to care for our greatest life source! “WITHOUT WATER, THERE IS NO FUTURE.” Carlos Lozano Acosta, Senior Attorney “Water is a life force not just in nature, but in our societies as well. It is a distinct characteristic of our experience on the planet. Cultures, economies and ecosystems depend on water and, for that reason, there is no future for us on this planet without it.” As a child, Carlos and his family used go for hikes near his father’s farm, on the outskirts of a páramo—a unique high altitude wetland that captures moisture from the fog and sends water to lower elevations via streams. Since those early days, Carlos has understood that páramos are vital to the water supply in his native Colombia. “I GREW UP WITH THE IDEA THAT CLEAN WATER IS A RIGHT, NOT A PRIVILEGE.” Claudia Velarde, Legal Advisor “What motivates me to care for our water sources is life itself. Clean water is an indispensable resource, a common good and a basic human right; the reproduction of our life systems is not possible without it. I grew up with the idea that clean water is a right, not a privilege.” Claudia was born in Cochabamba, Bolivia, a city whose name in the indigenous Quechua language means “the plain of lakes.” Despite its name, the city has suffered from decades of drought and water scarcity. Cochabamba is infamous for the Water War of 2000, during which residents flooded the streets to defend their water from privatization. Claudia grew up in that context and, like many women from Cochabamba, she has a strong connection to water and its inherent value. “MY STRONGEST MOTIVATION IS AN AWARENESS THAT THE HEALTH OF EARTH’S ECOSYSTEMS DEPENDS ON FUNCTIONING WATER FLOWS.” Andres Angel, Scientific Advisor “My strongest motivation is an awareness that the health of Earth’s ecosystems depends in large part on functioning surface and subterranean water flows. Understanding that our economic activities have the potential to irreversibly disrupt those flows is to realize the urgent need to protect the sources and quality of water throughout the Americas.” It wasn’t easy for Andres to study geology, a career that often promotes extractivism. His principal motivation was to understand the conflicts and socio-ecological dangers caused by mining and fossil fuel exploitation in his country, Colombia. Understanding those impacts to be perpetual, Andres decided to devote his professional life to questioning the development model and providing alternatives. “TO PROTECT WATER IS TO DEFEND THE SOURCE AND MEANING OF LIFE.” Juana Hofman, Legal Coordinator for the Network for Environmental Justice in Colombia “Life is what motivates me. To protect freshwater ecosystems and the people that depend on them is to defend the source and meaning of life. I’m motivated by a deep respect for ecosystems, because I feel a part of them, and they need protection. I’m motivated by the frailejones, ancient plants that serve as water factories, and by the mountains, vast landscapes that have sheltered me since my birth. It is their strength and beauty that allow us to truly live.” Juana was born in a small town in the mountains of Colombia. When she was a child, her father taught her of the greatness of the oak trees, which for Juana came to signify strength and wisdom. Ever since, her life has been deeply linked to the mountains, rivers, and páramos of Colombia.
Read moreWhat motivates us to preserve our freshwater sources?
The professionals of AIDA’s freshwater program defend one of Earth’s most precious resources—water. The earth provides us with water in many ways, and the ways those water sources are threatened are just as widespread—but chief among them are extractive activities like mining and fracking. At AIDA, we understand the risks and we won’t let our guard down. Learn more about what motivates us to care for our greatest life source! “WITHOUT WATER, THERE IS NO FUTURE.” Carlos Lozano Acosta, Senior Attorney “Water is a life force not just in nature, but in our societies as well. It is a distinct characteristic of our experience on the planet. Cultures, economies and ecosystems depend on water and, for that reason, there is no future for us on this planet without it.” As a child, Carlos and his family used go for hikes near his father’s farm, on the outskirts of a páramo—a unique high altitude wetland that captures moisture from the fog and sends water to lower elevations via streams. Since those early days, Carlos has understood that páramos are vital to the water supply in his native Colombia. “I GREW UP WITH THE IDEA THAT CLEAN WATER IS A RIGHT, NOT A PRIVILEGE.” Claudia Velarde, Legal Advisor “What motivates me to care for our water sources is life itself. Clean water is an indispensable resource, a common good and a basic human right; the reproduction of our life systems is not possible without it. I grew up with the idea that clean water is a right, not a privilege.” Claudia was born in Cochabamba, Bolivia, a city whose name in the indigenous Quechua language means “the plain of lakes.” Despite its name, the city has suffered from decades of drought and water scarcity. Cochabamba is infamous for the Water War of 2000, during which residents flooded the streets to defend their water from privatization. Claudia grew up in that context and, like many women from Cochabamba, she has a strong connection to water and its inherent value. “MY STRONGEST MOTIVATION IS AN AWARENESS THAT THE HEALTH OF EARTH’S ECOSYSTEMS DEPENDS ON FUNCTIONING WATER FLOWS.” Andres Angel, Scientific Advisor “My strongest motivation is an awareness that the health of Earth’s ecosystems depends in large part on functioning surface and subterranean water flows. Understanding that our economic activities have the potential to irreversibly disrupt those flows is to realize the urgent need to protect the sources and quality of water throughout the Americas.” It wasn’t easy for Andres to study geology, a career that often promotes extractivism. His principal motivation was to understand the conflicts and socio-ecological dangers caused by mining and fossil fuel exploitation in his country, Colombia. Understanding those impacts to be perpetual, Andres decided to devote his professional life to questioning the development model and providing alternatives. “TO PROTECT WATER IS TO DEFEND THE SOURCE AND MEANING OF LIFE.” Juana Hofman, Legal Coordinator for the Network for Environmental Justice in Colombia “Life is what motivates me. To protect freshwater ecosystems and the people that depend on them is to defend the source and meaning of life. I’m motivated by a deep respect for ecosystems, because I feel a part of them, and they need protection. I’m motivated by the frailejones, ancient plants that serve as water factories, and by the mountains, vast landscapes that have sheltered me since my birth. It is their strength and beauty that allow us to truly live.” Juana was born in a small town in the mountains of Colombia. When she was a child, her father taught her of the greatness of the oak trees, which for Juana came to signify strength and wisdom. Ever since, her life has been deeply linked to the mountains, rivers, and páramos of Colombia.
Read more