Summary
The Ombudsman filed an amparo action against the Ministry of Environment and Sociedad Occidental de Colombia Inc. on behalf of the U’wa people. The presentation sought the revocation of a license granted to the said company to develop an oil project in indigenous lands, alleging the communities potentially affected by the decision had not been duly consulted before the license had been granted. The Constitutional Court found that the procedure implemented to issue the environmental license had not been adequate, and had ignored the U’wa community’s fundamental right to be formally and substantially consulted. This decision was grounded on the principle that participation through consultation becomes a fundamental right, because it is an essential way to preserve the ethnic, social, economic and cultural integrity of indigenous communities and, thus, to ensure their survival as a social group. The Court ordered a consultation had to take place within 30 days.
Keywords: Defensor del Pueblo, doctor Jaime Córdoba Triviño (en representación de varias personas integrantes del Grupo Etnico Indígena U’WA) c/ Ministerio del Medio Ambiente y Occidental de Colombia, Inc. s. Acción de tutela, Indigenous, People, Right