LAG Colombia
Indigenous Wayúu communities, along with human rights organizations and members of Congress, promoted an action to nullify the environmental permit that unifies the exploitation of coal, rail transport and port operation of the largest open-pit coal megaproject in Latin America located in La Guajira, Colombia, run by the company Carbones del Cerrejón owned by the multinationals BHP, AngloAmerican and Glencore.
The lawsuit details chronologically some of the main omissions, oversights, falsehoods, and irregularities committed throughout the authorizations improperly granted to the company. It also presents the systematic complaints and supporting evidence that demonstrates serious violations, discrimination, and abuses of the rights of Wayúu, Afro-Colombian, and peasant communities, as well as the general population of La Guajira.
The lawsuit compiles scientific studies on pollution, health effects, and negative environmental impacts from open-pit coal mining, as well as official findings and reports, demonstrating the negligence and lack of control and oversight with which this project operates. Exacerbated problems in the region, such as the water, humanitarian, and climate crises, along with the pollution, devastation, and proven damage caused by this mining operation, compel us to refute the presumption of the "legality" of the permits granted, which are valid until 2034.
The Environmental Management Plan under which the mine operates has a much lower regulatory standard than that fully in force under the constitutional and legal framework. The Management Plans do not systematically, adequately, and sufficiently assess the impacts of this operation, but rather merely describe the "management and compensation" measures for said impacts. In other words, as stated in the lawsuit, this mining operation was given a "blank" license for pollution and environmental damage. The main charges focus on the failure to submit an Environmental Impact Assessment (EIA) required for an environmental license, as well as the disregard for regulations regarding prior consultation, environmental impact assessment, the environmental principles of prevention and precaution, and state obligations in the planning, prevention, and management of environmental assets, among others.
The lawsuit raises several arguments regarding the impact of climate change and the need for decarbonization. In particular, it highlights the severity of climate change's effects on a highly vulnerable region like La Guajira, which is already facing a serious humanitarian and water crisis, and its connection to the authorization for the continued operation of the open-pit coal mine. Consequently, it questions the compatibility between the State's obligations regarding climate change and the expansion of coal mining, which is responsible for greenhouse gas emissions and global warming.
The legal action for annulment exposes the degrading impact of coal mining on rivers, tributaries, and the entire watershed in La Guajira. It highlights the destruction of essential ecosystems, such as the critically endangered tropical dry forest, leading to biodiversity loss and, consequently, a loss of ecosystem services. This situation is particularly serious within the context of climate change. La Guajira faces two unique challenges: high temperatures and water scarcity. This makes the region highly vulnerable to interventions and impacts on its water network. The legal action details the environmental degradation caused by the mining company and argues that, given La Guajira's specific conditions, these impacts must be halted; otherwise, the survival of life will be at grave risk.
In this regard, the obligation to take precautionary measures to anticipate, prevent, or minimize the causes of climate change and mitigate its adverse effects is emphasized, taking into account different socioeconomic contexts. Furthermore, the lack of assessment and consideration of the effects of climate change when authorizing permits for increased mining production is called into question.
Given that the annulment action is a matter of public interest, this argument is developed not only with the specific case in mind, but also to position the need for a comprehensive public policy to promote the energy transition within the public debate. Consequently, the action aims to highlight the profound inconsistency between continuing with an economic model based primarily on extractive exploitation and the need to address climate change. In conclusion, the goal is to make the disincentive to coal use a reality, given its close relationship with climate change. Open-pit coal mining is recognized as one of the most polluting extractive activities, and for this reason, decarbonization in the global economy is being discouraged as a primary measure to address climate change, while a transition to clean energy is being demanded.
At this moment, La Guajira is playing its last card to achieve some semblance of justice and life in its territory. Moreover, the water and ecosystems that can be protected there will play a crucial role in supplying the rest of the Caribbean region, one of the areas most threatened by climate change.
- Wayuu communities Paradero and La Gran Parada
- Wayuu Women's Force Organization
- Congressman Feliciano Valencia
- Aida Avella Esquivel
- Ivan Cepeda Castro
- José Alvear Restrepo Lawyers' Collective
- Center for Research and Popular Education ( CINEP )
- CENSAT - LIVING WATER.
- Ministry of Environment and Sustainable Development
- National Environmental Licensing Authority
- National Mining Agency
- Autonomous Regional Corporation of La Guajira
- Carbones del Cerrejón Limited .
The action documents the impacts of coal mining on the department of La Guajira and its inhabitants (the ancient Wayuu people and Afro-descendant communities). It reveals cases of forced displacement of the Afro-descendant communities of Tabaco, Patilla, and Chancleta; health problems affecting children and other members of the Provincial Indigenous Reserve; the unconstitutional state of affairs and the mine's responsibility for exploiting the productive area of lower Guajira; the diversion of the Bruno and Tabaco streams and the Palomino River, as well as the pollution and excessive use of water resources.
The lawsuit also requests precautionary measures to suspend any license modification process (expansions of coal mining), until the environmental authorities verify the protection of the affected collective and individual rights, taking into account the environmental and economic damage and the serious human rights violations against the population of La Guajira.
- Compendium of national and international regulations on environmental and administrative law.
- Law 1437 of 2011, which issues the Code of Administrative Procedure and Administrative Litigation.