SAN Colombia
The Community Aqueduct Network of southern Santander and various peasant communities initiated legal action because the National Mining Agency (ANM) granted a license to Zurich International Trading, the company holding the coal mining project and the main company singled out by the communities, due to inconsistencies in the instruments that support the mining project.
The socio-environmental conflict stemming from the granting of a mining concession for coal to Zurich International Trading is primarily due to allegations by peasant communities and social organizations of administrative (mining procedure) and environmental irregularities that compromise the legality of the project and the protection of collective rights. The conflict intensified after more than 160 days of ongoing protests by the community, which included encampments and assemblies aimed at halting Zurich International's efforts to extract coal and limestone. These activities threaten the region's water sources. The community also planned a mobilization to Bogotá in March 2026, where they demanded that the National Mining Agency (ANM), the competent authority for administering mining concessions, take action.
The main demands include:
- Inconsistencies between the mining title, the Work and Construction Program (PTO) and the environmental license, particularly for authorizing different minerals for exploitation (coal, asphaltites and construction materials) and extraction methods that are incompatible with each other (open pit and underground mining).
- Coal production reports by the company during periods in which, according to official inspection visits, there was no extractive activity in the territory.
- Deficiencies in the environmental licensing process and in the technical evaluation of the project.
- Lack of timely response from the ANM to requests submitted by the community for several months.
From a legal perspective, these circumstances could compromise principles such as administrative legality, transparency, due motivation of administrative acts and the precautionary environmental principle, in addition to justifying the administrative review of the title and even its eventual expiration, as requested by the peasant organizations.
The conflict also reflects the tension between two models of land use:
- On the one hand, there is the state and business interest in promoting coal mining as an economic activity.
- On the other hand, there is the defense of the territory promoted by the peasant communities, who maintain that the vocation of the municipality is oriented towards agricultural production, the conservation of water sources and the strengthening of community aqueducts.
Social organizations believe that the mining project threatens strategic ecosystems in the southern mountain range of Santander, a region of high water importance, and puts the water supply for the population at risk, in addition to affecting food production and deepening territorial conflict.
Furthermore, the lack of institutional response is interpreted by the community as a violation of fundamental and collective rights, including: the right to participate in environmental matters; access to public information; due administrative process; the collective right to enjoy a healthy environment; and the protection of water as a common good.
The accompanying organizations also maintain that the ANM's actions are incompatible with territorial planning policies surrounding water and with judicial decisions related to the so-called "mining window," which seek to strengthen control over the allocation of mining titles.
From the perspective of Colombian environmental law, this case demonstrates a conflict between the exploitation of mineral resources and the protection of collective rights recognized in Articles 79 and 80 of the Political Constitution, which obliges the State to guarantee a healthy environment and plan the sustainable management of natural resources.
Likewise, the case involves principles set forth in Law 99 of 1993, particularly the principles of prevention, precaution, citizen participation and sustainable development, which require that mining activity be subject to rigorous technical and environmental controls before its execution is authorized.
The action seeks an administrative review of the mining title with the aim of reversing it and using it as a mechanism to restore the legality of the procedure, protect water resources, and guarantee the collective rights of the affected communities.
The conflict over coal mining in La Paz (Santander) transcends a mere discussion about the exploitation of a mineral resource and represents a legal and socio-environmental controversy concerning territorial governance, transparency in mining management, and the protection of environmental assets. Peasant communities are seeking a comprehensive review of the mining title granted to Zurich International Trading due to technical and administrative irregularities, while simultaneously defending a territorial model based on water conservation, food production, and the sustainability of the peasant economy. The National Mining Agency's (ANM) decision to review the case file constitutes a first institutional step, following the filing of a disciplinary complaint, the deployment of an International Mission of social service volunteers to La Paz, and a planned criminal investigation.
The conflict over coal mining in La Paz (Santander) transcends a discussion about the exploitation of a mineral resource and represents a legal and socio-environmental controversy about the governance of the territory, transparency in mining management and the protection of environmental assets.
The project involves coal mining, a fossil fuel whose extraction and subsequent combustion generate significant greenhouse gas emissions. Therefore, preventing or reviewing the authorization for new coal mining can help avoid future emissions and challenge the expansion of fossil fuel infrastructure. This litigation questions the compatibility of new extractive activity with the protection of strategic ecosystems in the face of a coal mining project. This connects the controversy to the state's obligation to prevent environmental damage that could increase climate vulnerability.
Peasant communities are seeking a comprehensive review of the title granted to Zurich International Trading due to alleged technical and administrative irregularities, while defending a territorial model based on water conservation, food production, and the sustainability of the peasant economy. The National Mining Agency's (ANM) decision to review the file constitutes a first institutional step, although the outcome will depend on verifying the allegations and adopting measures consistent with the principles of environmental/administrative law and the environmental/climate commitments of the Colombian State.
The petitioners seek to halt coal projects in the region because they destroy key ecosystems and biodiversity, water sources, and the area is a water reserve.
- Peasant communities and social organizations
- Community Aqueduct Network of southern Santander.
- National Mining Agency (ANM)
- Ministry of Mines and Energy
- Zurich International Trading
Mining in the Santander region is primarily defined by the tension between the tradition of gold and coal extraction, the protection of strategic ecosystems, and socio-environmental conflicts. Key mining areas are concentrated in the Soto Norte province and the southern part of the department.
The mining titles and licenses granted for coal mining in La Paz, Santander, pose a serious risk and threat to important water and food reserve ecosystems in the region. Likewise, the large number of mining applications throughout southern Santander is a cause for concern, as they would severely impact territories that should be considered an important Bioregion in the country.
The communities denounce the inaction of the Autonomous Corporation of Santander regarding their complaints about the situations arising from the monitoring of the environmental licenses granted for mining titles CEI-101 and EFJ-09. They have not received substantive responses that protect their fundamental rights to a healthy environment, among others. Furthermore, the fundamental right to timely, broad, informed, and effective environmental participation has not been guaranteed in any of the cases. The communities have only learned of the existence of the titles and licenses granted when mining companies have entered or attempted to enter their territories.
The communities express feeling distrustful and abandoned by regional and national authorities, perceiving a lack of consistency in institutional actions and a failure to effectively address their needs. There is a growing concern in these communities regarding water resources and their supply, which would be severely impacted by mining projects. These projects are located in water recharge zones that supply numerous community and municipal aqueducts, benefiting hundreds of families in these municipalities.
International agreements/treaties
- Paris Agreement
National laws
- Political Constitution of the Republic of Colombia
- Law 99 of 1993
Beginning
- Principle of prevention
- Precautionary principle
- Principle of citizen participation and sustainable development