Given these violations, the Court issued 11 orders to the Colombian State, aimed at guaranteeing permanence in their ancestral territory.
The Court issued 11 orders to the Colombian State, aimed at guaranteeing permanence in its ancestral territory
The Inter-American Court of Human Rights ruled in favor of the U’wa indigenous people and its members in Case 11,754, in which Colombia’s responsibility was evaluated for the execution of a series of oil, mining and tourism activities to the detriment of the rights of the U’wa people.
After analyzing the allegations made by said community, the IACHR, cIt concluded that the nation violated the rights to collective property, access to information, to self-determination of indigenous peoples, to a healthy environment and to the right to a dignified life.
Given these violations, The Court issued 11 orders to the Colombian State, aimed at guaranteeing permanence in its ancestral territory with legal guarantees; clarify titles of colonial origin; mitigate environmental damage caused by mining-energy projects and the armed conflict and apologize and create a community development fund as a result of the damage.
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“The Colombian State must involve the U’wa People in administration and conservation in the overlapping area of the El Cocuy National Park with the Reservation so that their worldview is considered and that there are tangible benefits for said People,” says the IACHR.
He also ordered “to carry out a participation process regarding current extractive projects.” and that were the subject of analysis in this ruling, and guarantee that those located in the U’wa Reservation or in adjacent areas do not generate impacts on the exercise of the right to participation in the cultural life of the U’wa people.”
To comply with these measures, The IACHR does not establish any deadline except in three of them. and established that within a year the Colombian State will submit a compliance report.
The Court recalled that the right to participation in cultural life is a right included among those protected by article 26 of the Convention.
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The Court concluded that andhe right to participate in the cultural life of indigenous peoples includes, among other manifestations, the right to maintain and strengthen their cultural relationship with their lands and territory when that has a spiritual or religious meaning that is an integral part of their cultural identity.
