Colombia court case: rights of the Pisba páramo

Summary

In 29 June 2018, the Administrative Court of Boyacá in Colombia ruled on an acción de tutela and declared the Pisba Páramo (moorland) is a subject of rights The court based its ruling on the constitutional court cases regarding the rights of the Atrato River and the Amazon.

The acción de tutela is a constitutional mechanism in Colombia (Art. 86) to immediately protect fundamental rights when they are violated or threatened by authorities or individuals. It is a rapid, informal process that does not require a lawyer and is resolved in 10 business days.

Background
The lawsuit was filed against the National Ministry of Environment and Sustainable Development, which had initiated a process of delimiting the Pisba Páramo. The plaintiffs are workers of a mining company which owns and operates a Mining Concession Contract No. FD5-082 for coal mining in the area of the Pisba Páramo in the Municipality of Socha.

The plaintiffs argued that Ministry had failed to inform the workers about the delimitation process, violating their right to due process, since it had not assessed the social and economic conflict that would result from terminating the aforementioned mining title; and consequently, the plaintiffs’ employment contracts. The plaintiffs request that the process of delimiting the Páramo de Pisba be suspended until the limits it will have are socialized and the social aspect of the workers is reviewed.

Legal Ruling
The Court of Boyacá confirmed the judgment issued on May 29, 2018 by the Administrative Court of the Duitama Circuit (lower court). The Court recognized the páramo as a subject of rights “given the special protection it deserves as an ecosystem,” as well as the rights of the communities living in the páramo area.

The Court noted there is a clear contradiction between the rights of the páramo ecosystem and the fundamental rights of the communities from the páramo to water, life, health, and personal integrity, and the economic rights to work and development of the páramo communities.

The Court determined that: “The impact of the delimitation of the Pisba Páramo is not insignificant; however, its protection as a subject of constitutionally protected rights, as well as the rights of the communities that benefit from the water resources generated by this ecosystem, is axiologically superior within the context of the aims of our State and the framework of the provisions of the constitutional bloc, insofar as it is closely related to the survival of nature and humanity as a species. It is not a minor constitutional issue, as its formulation subverts modern conceptions of the term.” (page 52)

The Court ordered the Ministry of Environment must respect the following minimum parameters, including: Prevenir que concertación conduzca a la renuncia de derechos del páramo de Pisba como sujeto de derechos y/o de los pobladores a recibir una compensación y/o reubicación que procure la satisfacción cabal del principio de dignidad humana.“