IACHR
Press Release
IACHR refers case on Colombia to the Inter-American Court
October 30, 2020
Washington, D.C. - On October 21, 2020, the Inter-American Commission on Human Rights (IACHR) referred the case of the U'wa’s Indigenous Peoples and its Members regarding Colombia before the Inter-American Court of Human Rights.
The case relates to the lack of effective protection of the U'wa people's ancestral property rights, as well as the execution of a series of oil, mining, tourism and infrastructure activities, to the detriment of their rights.
In its Report on the Merits, the Commission considered it proven that the U'wa People have been severely affected by the internal armed conflict in Colombia, which has put them in a situation of extreme vulnerability, even to the point of being in danger of extinction. The IACHR emphasized that the determination made at the internal level with respect to the U'wa People as a people in danger of extinction, puts in evidence the extreme vulnerability in which the U'wa People have been, which, added to the concessions and business activities in their lands and territories, must be considered at the time of evaluating the danger that these concessions implied for the indigenous people. In this sense, the Commission took this situation into account in a transversal manner throughout its analysis.
The Commission considered it proven that the U'wa People have not been able to use or enjoy their lands in a peaceful manner. In addition to the various projects that have been carried out on their territory over the years because of the concessions granted by the State, the regularization (saneamiento) that the State committed to carry out in 1999 has not been completed.
In the Report on the Merits, the IACHR concluded that the lack of timely and complete titling, as well as the delays in clearing the territory of the U'wa People, including the failures of the state to ensure peaceful ownership and possession, are contrary to the obligation to effect recognition of collective property, with the legal security necessary to achieve effective protection of the right to property, as well as its peaceful and exclusively indigenous possession.
On the other hand, the Commission determined that the state did not comply with the right to free and informed prior consultation when granting permits, licenses, and concessions to carry out oil, mining, and infrastructure projects on the lands of the U'wa People or in areas adjacent to them that could affect their lands, territories, and way of life. Much less, the Colombian state sought to obtain the consent of the U'wa people, however, several of the projects can be considered large-scale development or investment plans with a very severe impact on the survival of the people.
The Commission also found that the entry of the companies into the territory of the U'wa people and the fact that their territory has not been completely regularized and that there are settlers there, prevents them from having free access to their lands and sacred places, thus affecting their traditions and their cultural and spiritual survival. It also pointed out that, by creating the "El Cocuy" Natural Park, the State granted its administration and management to the National Directorate of Natural Parks and not to the traditional authorities of the U'wa People. This, in spite of the fact that the entire park is located within their territory and that their authorities are the ones who have the ancestral knowledge to be able to determine if the entrance of visitors can affect their spiritual balance and cultural subsistence. The Commission therefore concluded that the State has violated the collective property and participatory rights of the U'wa People.
The Commission established that the State violated the U'wa people's cultures, in relation to their right to collective property. In this regard, it indicated that the entry of the companies into the territory of the U'wa People and the fact that their territory has not been fully developed prevents the members of the U'wa People from having free access to their lands and sacred places, thus affecting their traditions and their cultural and spiritual survival. In addition, when establishing the "El Cocuy" Natural Park, the State did not grant the administration and management to the traditional authorities of the U'wa People, despite the fact that the entire park is located in their territory and that their authorities are the ones who have the ancestral knowledge to be able to determine if the entrance of visitors can affect their spiritual balance and cultural subsistence.
Finally, the Commission concluded that, despite the complaints and appeals against the licenses and projects carried out in their territory, the members of the U'wa People did not have a remedy that would have effectively protected their right to property, as well as to achieve the sanitation promised to the victims since 1999.
Based on these determinations, the Commission concluded that the State of Colombia is responsible for the violation of the rights to collective property, access to information, political rights, and cultural rights, enshrined in Articles 21, 13, 23, and 26 of the American Convention, in relation to Articles 1.1 and 2 of the same instrument, to the detriment of the U'wa People.
In its Report on the Merits, the Commission recommended that the State:
- To adopt as soon as possible all necessary measures to make effective the right to collective property and possession of the U'wa Indigenous People, in order to achieve the complete titling and effective regularization of their ancestral territory. The State shall ensure that these measures are conducive to effectively guaranteeing the self-determination of the members of the U'wa People and their right to live their traditional way of life in a peaceful manner, in accordance with their cultural identity, social structure, economic system, customs, beliefs, and distinctive traditions.
- To make full reparation for the consequences of the violations declared in the merits report. In particular, to consider the damages caused to the U'wa Indigenous People by the lack of sanitation of their ancestral territory, as well as the damages caused by the projects and by the incursion of state agents and third parties into their territory.
- To adopt all necessary measures to ensure that projects linked to concessions and business activities in which the standards established in the merits report regarding consultation and free, prior, and informed consent have not been met, are not continued or begun.
- To ensure that if there are pending judicial appeals filed by the U'wa People, these are resolved in a prompt manner and by carrying out a control of conventionality in accordance with the international obligations of the Colombian State under the American Convention in the terms described in the report.
- To adopt the legislative, administrative, or other measures necessary to prevent similar events from occurring in the future; in particular, to adopt simple, rapid, and effective remedies that protect the right of indigenous peoples to reclaim their ancestral territories and to peacefully exercise their collective property, through titling, demarcation, delimitation, and regularization. Likewise, adopt a law of prior consultation in accordance with the standards indicated in the report and in consultation with the Colombian indigenous community.
The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate derives from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote the observance and defense of human rights in the region and acts as a consultative body to the OAS in this area. The IACHR is composed of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.
No. 261/20