CUN Colombia
In 2022, the Attorney General's Office and the Environmental Comptroller's Office filed a joint lawsuit before the Administrative Court of Cundinamarca requesting a declaration of non-compliance by the Ministry of Environment and Sustainable Development and the President with their obligations under Law 1931 of 2018. The 2018 climate action law established guidelines for climate action in Colombia, and among its main objectives were to propose measures for adapting to climate change, mitigate greenhouse gas (GHG) emissions, reduce the vulnerabilities of the population and ecosystems, and promote a just transition towards decarbonization.
The plaintiffs alleged that four years after the Climate Action Act was enacted, the government had not complied with the provisions of Articles 15, 18, 19, 26, and 29.
The Court determined that the Colombian government had complied with the obligation established in Article 18 through Resolution No. 0849 of 2022, which established the guidelines for the creation and implementation of comprehensive climate change management plans at the regional level, in accordance with the 2018 Climate Action Law. However, the Court declared that the defendants had fully failed to comply with the obligations contemplated in Articles 15, 19, 26 and 29 of the 2018 Climate Action Law.
Despite some initial efforts to establish activities related to climate action, the Court concluded that, to date, the Colombian government had failed to: (i) regulate the targets related to nationally determined contributions; (ii) issue a legal document to guide territorial entities and authorities in incorporating climate change into their regulatory and planning instruments; (iii) regulate the National Climate Change Information Service (the bill was pending); and (iv) establish GHG quotas (the bill was still pending).
As a result, the Court ordered the Ministry and the President to fully comply with the obligations of the Climate Action Act 2018 and set a new deadline of six months from the moment the decision became final and enforceable.
The defendants filed an appeal with the Council of State. On April 20, 2023, the Council of State upheld the Court's decision regarding the Ministry of Environment's obligations to comply with Law 1931 of 2018. The Council of State also found that the President's office lacked standing, and therefore only ordered the Ministry of Environment to fulfill the obligations outlined in the judgment.
In 2015, Colombia committed to reducing its greenhouse gas (GHG) emissions by 20% by 2030 through a series of mitigation and adaptation actions. These actions were designed to prepare the country for the potential effects of climate change (prolonged droughts, floods, water scarcity, heat waves, among others). In addition to these actions and measures, the Nationally Determined Contributions (NDCs) incorporated issues related to financing, education, capacity building, science and technology, and planning.
Colombia has addressed climate change as a national priority, focusing on adaptation and mitigation through a robust legal framework. Law 1931 of 2018 in Colombia establishes guidelines for climate change management, seeking to reduce the vulnerability of the population and ecosystems, and promote low-carbon development. It regulates planning instruments, emissions mitigation (with targets such as a 51% reduction by 2030), and adaptation, involving both the public and private sectors.
Without a doubt, Law 1931 was a landmark environmental legislation in Colombia in 2018. This law established and developed principles, institutional frameworks, planning tools, information systems, and economic and financial instruments for climate change management.
Law 1931 of 2018 establishes guiding principles for its proper interpretation, regulation, and implementation. Among these principles, the principles of co-responsibility and self-management stand out. According to these principles, all natural and legal persons, public or private, have the responsibility to participate in climate change management and to develop their own actions to contribute to it. Based on these principles, it is evident that climate change management is not solely the responsibility of the State, but of all stakeholders, and requires a collective effort.
- Attorney General's Office
- Environmental Comptroller's Office
- Presidency of the Republic
Ministry of Environment and Sustainable Development
Colombia is located in the northernmost part of South America; it is the only South American country with coastlines on both the Atlantic and Pacific Oceans. It boasts renowned natural wealth and is characterized by a great variety of natural, orographic, climatic, and scenic regions, as well as biological and anthropological diversity. Although detailed and comprehensive biological inventories for the entire country do not exist, it is known that, at the species level, Colombia is considered the fourth most biodiverse nation in the world. By taxonomic group, it ranks second in plant biodiversity, first in amphibians and birds, third in reptiles, and fifth in mammals. This places Colombia among the 12 most biodiverse countries in the world, home to 70% of global biodiversity.
Colombia is highly vulnerable to climate change due to its tropical location and diverse ecosystems, facing serious risks such as glacial loss, coastal erosion, floods, and droughts. The global geopolitical context is undergoing transformations that are reshaping multilateralism and international cooperation. Recent decisions, which weaken commitments to multilateral organizations, agreements, and frameworks, are generating tensions in global governance and affecting the collective capacity to respond to current environmental and climate challenges.
Beginning
- Principle of Prevention
- Principle of Environmental Planning
International laws
- Paris Agreement
- Convention on climate change
National laws
- Political Constitution of Colombia
- Law 1931 of 2018 (Climate Change Law)
- Law 2169 of 2021 (Carbon Neutrality Law)
- Resolution No. 0849
- Colombia's 2020 Nationally Determined Contributions.
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