The Court of Santa Marta ordered the suspension of gas exploitation in the Uchuva 2 well, located in the Colombian Caribbean Sea, until a prior consultation with the indigenous community of Taganga is carried out. This court ruling is in response to the tutela action filed by Ariel Daniels de Andreis, governor of this community, against several entities, including the National Environmental Licensing Authority(ANLA), the Ministry of Mines and Energy, and Ecopetrol.
The importance of prior consultation
The ruling recognizes the fundamental right of the Taganga indigenous communityto prior consultation, due process, and protection of their intellectual, cultural and environmental property. To enforce these rights, the Ministry of the Interior has one month to correct resolution ST-1630 and officially recognize the presence of the Taganga indigenous cabildo in the area of exploitation. Only after this recognition, a prior consultation will be authorized.
The ruling also obliges the National Environmental Licensing Authority and the Ministry of Environment and Sustainable Development to conduct a new environmental and socio-cultural impact study. This study must evaluate the effects that the Uchuva 2 project could have on the indigenous community, thus ensuring that their rights and way of life are considered in the decision-making process.
The ruling includes a series of guidelines to protect the rights of ancestral water communities in future projects. The Presidency, in coordination with the relevant ministries, must create an inter-institutional protocol within six months. This protocol will guarantee the identification, consultation and protection of these communities in the face of future projects.
Suspension of gas exploitation to Ecopetrol and Petrobras
The companies Ecopetrol and Petrobras must avoid the use of names or cultural symbols of the Taganga community without their express consent. For example, the Santa Marta Court ordered the withdrawal of the names “Uchuva” and “Área de Interés de Perforación Exploratoria Tayrona” within 48 hours. This measure seeks to protect the cultural and spiritual property of the indigenous community.
In addition, it is suggested the formation of a supervisory committee composed of representatives of the Cabildo Indígena de Taganga, the Ombudsman’s Office and the Public Prosecutor’s Office. This committee will monitor compliance with the orders issued, ensuring the protection of the community’s rights.
The Ombudsman’s Office will also implement educational measures to inform coastal ethnic communities about their rights. For its part, the Ministry of the Interior and the Escuela Superior de Administración Pública will design a training program on the rights of ancestral water communities.
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Source: Infobae
Photo: Shutterstock
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