After three decades of resistance and the pursuit of justice, the U’wa people achieved a historic ruling that recognizes their rights to participate in cultural life, a healthy environment, access to information, a dignified life, and collective property. In an unprecedented decision, the Inter-American Court of Human Rights (IACtHR) upheld the territorial, cultural, and environmental rights of the U’wa Nation against the imposition of extractive and tourism projects on their land by the Colombian government, setting a precedent for the protection oIf Indigenous Peoples in Colombia and across Latin America. EarthRights, alongside local partners, represented the U’wa Nation in a landmark legal strategy before the IACtHR.
The case filed by the U’wa Nation is the first case presented to the Inter-American Court system on the violation of the territorial and cultural rights of Indigenous peoples in Colombia.
| “Today is a historic day for our people. After so many years of fighting to be heard and to decide on projects that threaten the life of our Mother Earth, the Court has supported us. This recognition is a milestone not only for the U’wa Nation but for all Indigenous Peoples in Colombia and the region, whose rights have historically been violated. We celebrate this decision and call on the Colombian government to comply with the Court’s orders and protect our right to live with dignity on our land. We thank the organizations that have stood with us in defending life and Mother Earth.” -Javier Villamizar, President of Aso U’wa |
The IACtHR determined that the Colombian state is responsible, among other things, for the failure to clarify colonial land titles; the development of extractive projects on ancestral U’wa territory without consultation; the lack of delimitation, demarcation, and titling of existing reserves; and the exclusion of the U’wa Nation from management of Zizuma (El Cocuy National Natural Park).
The Court specifically emphasized the state’s obligation to consult Indigenous Peoples about projects that may affect them. It also noted that the implementation of extractive projects has profoundly impacted the cultural, spiritual, and ancestral life of the U’wa Nation, concluding that these projects violated their right to a dignified life. Furthermore, the IACtHR urged states to uphold the principles of prevention and precaution, particularly by being especially rigorous in supervising and regulating business activities that could harm the environment and nature.
The ruling of the Court is a first step toward protecting the rights of the U’wa Nation. The U’wa Nation awaits for the State to implement concrete measures to effectively protect the territory and rights of the U’wa.
See U’wa Indigenous People V. Colombia for more information on the case.
Why it Matters:
In the context of the global climate crisis, this ruling highlights the importance of ancestral knowledge in protecting fragile ecosystems and emphasizes the right of Indigenous Peoples to self-determination in the face of projects that threaten their existence. Furthermore, it acknowledges their essential role in environmental protection, underscoring the urgency of rethinking development based on respect for human rights, environmental justice, and sustainability.
The U’wa Nation continues to be a symbol of resistance and a model for honoring human dignity and the integrity of the planet. For nearly three decades, the Colombian State failed to fulfill its duty to legally recognize and protect the U’wa Nation’s territory. Instead, the State has permitted oil and gas projects, granted mining licenses, and protected private economic interests through military activity. This situation has heightened the vulnerability of the U’wa Nation, triggering violent confrontations amid the internal armed conflict, including attacks on the pipeline crossing their land, repression of peaceful protests, and stigmatization of their leaders.
Additionally, the State imposed the designation of National Natural Park El Cocuy over the area of Zizuma, an area of significant cultural, spiritual, and environmental importance for the U’wa. This promoted tourism activities that caused serious environmental and cultural impacts in this sacred area.
After exhausting all national legal remedies, the U’wa Nation brought its case before the Inter-American human rights system in 1997, seeking justice for the systematic violation of their rights.
See The Struggle of the U’wa People: A Milestone in the Defense of Indigenous Rights for more information on why this case matters.
Our Contribution
EarthRights has supported the U’wa Nation in their legal process before the IACHR system since 2014. Throughout the years, EarthRights worked closely with the U’wa people in preparing the case, arriving at an effective legal strategy, and providing legal accompaniment and representation for U’wa people. Participatory meetings were regularly held to continue to update the U’wa nation and to address questions they have on the case and the course of action. During the hearings, EarthRights provided legal support for the U’wa Nation as they themselves raised the issues their people faced.
EarthRights also supported dialogues the U’wa Nation participated in to mobilize allies and issue public statements in solidarity, amplifying the U’wa Nation’s call for justice and accountability. EarthRights continued to publish and share information on the case and the U’wa people to call for urgent action.