The U’wa Nation, an Indigenous community of Colombia, has been involved in a legal battle against the State over the imposition of tourism and extractivism projects that have threatened their sacred territory for decades.
The Magallanes petroleum project, just 270 meters from the U’wa reserve, and the Cocuy National Natural Park, located in sacred territory for the U’wa, are two examples among many that have endangered the well-being and survival of the community.
These projects in particular are threatening to the U’wa people and their way of life as they consider petroleum as Ruiría, the blood of Mother Earth. Zizuma, the snow-covered peak of the Cocuy, is also a sacred site.
After years of struggle, however, their voice was finally heard in 2024.
The Inter-American Court of Human Rights held the Colombian State responsible for violating the territorial, cultural, and environmental rights of the U’wa Nation. This ruling sets a key precedent in the defense of Indigenous rights in Colombia and the region. It also establishes legal standards to guarantee the enjoyment of collective rights, acknowledging that the physical and cultural survival of the U’wa depends on this.
For generations, the U’wa Nation has defended its ancestral territory, not merely as a physical space, but as the essence of their culture and spirituality.
“One of the vital elements for Indigenous peoples is the defense of territory, because it is where culture is developed and expressed. Without territory and that vital element, there is no culture.” — Trinidad José Cobaría, Teacher, U’wa Nation.
Since the 1990s, the U’wa began a long journey to express their grievances, pursuing legal action in Colombia and internationally. In 1997, Colombia’s Constitutional Court recognized the right to prior consultation. The Colombian State, however, has failed to guarantee this, forcing the U’wa people to turn to international bodies in search of justice.
A Ruling that Upholds Indigenous Worldviews
At EarthRights International, we worked alongside the U’wa people and their representative organizations as co-petitioners in the Inter-American system to build a legal strategy that combined international law with their Indigenous cosmovision. The result of this is historic: for the first time, an international tribunal held the Colombian State responsible for violating the collective rights of an entire Indigenous Nation.
“This is the achievement of 30 years, and this victory will leave a legacy for the children of our leaders who tirelessly fought, defended, and demanded. Today, we achieved this triumph. This is a story that shows the country and the whole world that we are indeed capable of defending our rights.” — Bladimir Moreno Torres, Former President of AsoU’wa
The Court recognized that all the rights presented in this case were violated, and in its judgment, also declared the violation of additional rights, such as the rights of children. The ruling emphasized that States have special obligations to protect children in the context of protests and must ensure that no repressive actions, such as the use of tear gas to disperse protests, violate their rights.
Furthermore, the Court acknowledged that the territory and its natural elements are at the core of the U’wa’s cultural value system, shaping their collective way of life and identity. The Court declared the State responsible for violating the rights of the U’wa people to a healthy environment. The Court also emphasized that there are projects that threaten the lives and integrity of the U’wa Nation.
As a consequence, the Court ordered the Colombian State to adopt special measures to mitigate the impact of hydrocarbon and mineral exploration and exploitation. The ruling outlined the obligation to regulate activities by private companies that could cause significant environmental harm. The ruling also outlined the obligation to assess the cumulative impact of multiple extractive projects on their territory.
In addition, the Court referred to the “triple planetary crisis” for the first time. This crisis is understood as the connection between three global threats: environmental pollution, biodiversity loss, and the climate crisis caused by fossil fuel and methane emissions.
This is described as “a complex and multifaceted challenge that requires an integrated and urgent response to ensure the sustainability of the planet and the well-being of its inhabitants.”
Implementation of the Ruling: The Real Challenge
The ruling of the Court is a first step toward protecting the rights of the U’wa Nation. Now, the major challenge we face is ensuring that the State implements concrete measures to effectively protect the territory and rights of the U’wa.
The historic struggle of the U’wa Nation, like that of many other Indigenous people, compels us to rethink production models that destroy the environment. We must ask ourselves – will we continue allowing economic interests to prevail over life?
