Colombia Proposed National Law: rights of rivers

Summary

The proposed Colombia National Law on the Rights of Rivers is a legal initiative developed by a robust coalition in response to the severe degradation of rivers and ecosystems caused by damming, diversion, pollution from toxic discharges, and harmful human activities since Colombia’s industrialization. Based on an in-depth analysis of current legislation and international legal frameworks, the law was designed as a regulatory tool that grants special rights to certain rivers for increased protection. The bill includes 18 principles that underpin the law, each of which focuses on contributing to the protection and restoration of water sources in Colombia and promoting positive and peaceful solutions to environmental conflicts. The law also mandates eight actions to be implemented by Colombia, the main three being: (1) the development of a socio-ecological energy transition policy that phases out investment in new hydroelectric projects by 2030 and decommissions outdated plants; (2) the use of science and best technology to ensure the survival of aquatic life and water quality; and (3) the elimination or reduction of domestic and industrial wastewater discharges by at least 80% by 2040.

Central to the proposal is the recognition of rivers and other water sources as subjects of rights and the creation of the “National System for the Conservation and Comprehensive Protection of Rivers Subject to Special Protection.” Rivers that meet certain special conditions (exceptional environmental, hydrogeological, scenic, historical, ecological, and cultural conditions) that distinguish them from other rivers would be eligible to join this system. Rivers with the aforementioned characteristics will be designated and registered in the system upon direct request from the Ministry of Environment and Sustainable Development, environmental authorities, the Environmental Attorney General, the Governor of the department where the river or body of water is located and whose special or exceptional conditions are claimed to be part of the System, by request from the River Basin Councils, by the River Guardians, and by environmental movements or collectives that submit an application signed by 500 or more duly identified citizens, or by 100 legally constituted environmental or human rights organizations.

Involved Organizations