Land rights

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T-025 of 2004

The Constitutional Court of Colombia (“the Court”) used its judicial review powers to assess the situation of displaced persons in Colombia. Around 1,150 family groups filed tutela or protection claims with their respective municipalities regarding the state’s duty to protect them due to their status as displaced persons. They requested aid, but the state denied aid or gave it for an incomplete amount of time, citing budgetary constraints.

Auto 005 of 2009

This case resolves an auto action to protect the rights of the displaced Afro-Colombian population in conformance with the court’s prior declaration in the T-025 decision of 2004 of an “unconstitutional state of affairs” around the situation of the forcibly displaced population.

Auto 006 of 2009

The Court first surveyed the domestic and international jurisprudence and legal frameworks guaranteeing the rights of persons with disabilities. The Court noted various articles under Colombia’s Constitution that protect the rights of persons with disabilities.

Auto 004 of 2009

In this Auto, the Court was gravely concerned with the threat that internal displacement posed to the existence of Indigenous Peoples in Colombia. The Court attributed this threat to three main factors: (1) rupture of structures and community disintegration; (2) culture shock outside of their ancestral lands; (3) getting caught in the middle of the violence.

Auto 251 of 2008

Under Colombian constitutional law, children must receive priority in care and safeguarding of their rights. Despite this, over fifty percent of the internally displaced population in Colombia is made up of children and adolescents below the age of 18. The Court in this case found that the governmental response has been largely inexistent and inefficient in resolving the myriad violations of childrens’ human rights.

Right to a Healthy Environment Global Coalition Wins UN Human Rights Prize

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Climate justice advocates demonstrating for the Right to a Healthy Environment

Collective Advocacy on Biodiversity and Land Rights- COP 15 outcomes

On 19 December 2022, the United Nations Biodiversity Conference, held in Montreal, ended with the adoption of the “Kunming-Montreal Global Biodiversity Framework” (GBF), a landmark agreement on measures considered critical to address the dangerous loss of biodiversity and restore natural ecosystems.

Media Advisory: Grassroots, Global South, Feminist and Indigenous Leaders Demand Human Rights be Centered in Addressing Loss and Damage

There is no denying that the historical and present responsibility for the climate crisis lies primarily with wealthy, highly industrialized countries and powerful corporate actors. Despite contributing the least to the climate crisis, frontline communities in the Global South are paying the price with the destruction of their territories and the erasure of their cultural heritage.

UN Biodiversity: What Outcomes for the Human Right to Land?

Between 13-29 March 2022, intersessional meetings were held in Geneva ahead of COP15, an upcoming major United Nations biodiversity summit. Ahead of these preparatory talks amongst States, ESCR-Net members sent a collective letter calling on all Parties to the Convention on Biological Diversity (CBD) to adopt a human-rights based approach overall, and in particular to recognize, respect, protect and promote the overarching right to self-determination, including free, prior and informed consent, the right to land and tenure rights in the post-2020 global biodiversity framework (GBF), which is currently being negotiated and likely to be adopted at COP15. It further called on governments to adopt a ‘land tenure indicator’ as well as emphasized the importance of strengthening protections for human rights defenders.

Collective letter: Centering the Right to Land and Tenure Rights in the Post 2020 Global Biodiversity Framework

Ahead of upcoming intersessional meetings in Geneva in March 2022, ESCR-Net members have adopted a...