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Monday, September 26, 2016
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Nature of the Case

Among other issues, the Constitutional Court revoked licenses for all 347 private mining companies that had previously been granted approval for mining in the páramo (moorland), an ecologically endangered region of the Colombian Andes.

Enforcement of the Decision and Outcomes

The Constitutional Court declared unconstitutional (or partially unconstitutional) three articles of the NDP, ordered that all mining be halted immediately, and prohibited any future mining in the area. It also ordered land restitution in lands developed under PINES.

Significance of the Case

This case is a victory for environmental activists, advocates, and for the communities themselves. It offers a way for displaced people in Colombia to more easily reclaim their land, and protects a vitally important, endangered ecosystem against the devastation of mining. It protects the rights of people above the rights of developers and other corporate interests. Finally, it sets an important precedent confirming that environmental rights in Colombia are protected by Constitutional guarantee.

Ruling