Summary
On July 21, 2025, the Administrative Court of Santander in Colombia issued a ruling that recognized the Santurbán Páramo, a high mountain ecosystem located in the Andean region of Colombia, as a subject of rights. The case was filed by the Municipality of Bucaramanga which demanded the protection of the Santurbán Páramo under the precautionary principle, arguing the ecosystem represents a source of life, the manifestation of human dignity, and the natural support of existence. Under this categorical imperative, the case argues the ecosystem must be recognized as an entity with rights, entitled to protection, maintenance, and restoration by the State.
In particular, the court recognized the Páramo’s “rights of protection, conservation, maintenance, and restoration” and listed four legal implications regarding this recognition: (1) priority protection, (2) legal representation, (3) proactive precautionary measures, and (4) harmonization of policies. The legal consequences require judicial decisions to consider the preservation of the Santurbán Páramo, designate legal representation, adopt preventive precautionary measures against environmental threats, and integrate conservation in sectoral policies, respectively.
The ruling is in response to a private mining company, MINESA, that sought to develop a gold-mining project near the mountain ecosystem. In addition to recognizing the rights of the Santurbán Páramo, the ruling annulled the environmental licensing process of MINESA, as it posed serious risks to water sources that supply over two million people.
The Administrative Courts of Colombia are a first instance level in the judiciary of the country, with jurisdiction over administrative disputes within a department. Departments are country subdivisions and are granted a certain degree of autonomy. Each department has a governor and an Assembly, elected by popular vote for a four-year period. Departments are comprised of municipalities.
Suggested Citation:
Kauffman, Craig, Catherine Haas, Alex Putzer, Shrishtee Bajpai, Kelsey Leonard, Elizabeth Macpherson, Pamela Martin, Alessandro Pelizzon & Linda Sheehan. Eco Jurisprudence Monitor. V2. 2025. Distributed by the Eco Jurisprudence Monitor.https://ecojurisprudence.org/initiatives/santander-colombia-court-case-rights-of-the-santurban-paramo/.
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