Municipality of Nóvita v. Presidency of the Republic et al Reference : T-236/17 T-4.245.959 Complaint date : August 3, 2012 Status : Final judgment Place of jurisdiction : Colombia, Bogotá D.C. Plaintiffs types : Local authorities Plaintiffs names : Ombudsman of the communities of inhabitants of Nóvita Defendants : Colombia Lawyers for Health and Environmental Justice : No description Case nature : Administrative Specificities : Direct action of unconstitutionality Type(s), Product(s), Active substance(s) : Glyphosate Requests : To declare unconstitutional the Colombian government's Program of Action for the eradication of coca by spraying fields with glyphosate. To order the immediate suspension of "all activities and/or projects of aerial spraying of glyphosate to be carried out or being carried out in the municipality of Nóvita, until the Afro-descendant communities and indigenous peoples that may be affected have been consulted and have given their consent". Name of the Court : Cour Constitutionnelle of Bogotá D.C., Colombia Jurisdiction level : Decision date : April 21, 2017 Decision nature : Positive Decision content : To order the national government to carry out a consultation process with the ethnic communities of Novita... the National Narcotics Council not to resume the Glyphosate Aerial Crop Eradication Program (GACEP)... until an adequate decision-making process has been designed and implemented. Legal basis : Court Ruling : Link to the ruling Summary : Following the aerial spraying of glyphosate on illegal coca crops, the Ombudsman of the city of Nòvita, Department of Chocó, filed a complaint before the Attorney General of the Nation. He asks for the protection of the fundamental rights to prior consultation, health, cultural and ethnic identity and self-determination of the indigenous and Afro-descendant peoples and that the public entities be ordered to proceed with the consultation of the affected communities regarding the "Program of Eradication of Illicit Glyphosate Crops" and to implement a program of compensation for the recovery of their crops and sources of subsistence that have been contaminated by the spraying. On July 2, 2013, the Jurisdictional Chamber of Chocó denies the interim measure requested by the plaintiff. On September 18, 2013, the Jurisdictional Chamber of Bogotá confirms the first instance decision and declares the guardianship action inadmissible. But Judge Henry Villarraga Oliveros considers that the spraying of glyphosate affects the health of the indigenous and Afro-descendant populations, "since it contaminates river water, which is intended for human consumption..." and that the entities involved had not "provided an adequate solution to the problem" and therefore the Jurisdictional Disciplinary Chamber, acting as a constitutional judge, should have intervened in the case. On April 21, 2017, the Constitutional Court ordered stopping the Program for the Eradication of Illicit Crops by Aerial Spraying of Glyphosate (PECIG) until an adequate consultation process with the ethnic communities of Novita has been designed and implemented. Scientific references : IARC Working Group on the Evaluation of Carcinogenic Risks to Humans. Some Organophosphate Insecticides and Herbicides. Lyon (FR): International Agency for Research on Cancer; 2017. PMID: 31829533. Related links : Colombian Court Orders Suspension of Coca Spraying Colombia changes course in drug war Verificación de cumplimiento de órdenes proferidas en la Sentencia T-236 del 21 de abril de 2017 La Corte sustituye el glifosato (SP) Colombia will spray Chinese glyphosate to control coca Ten UN rapporteurs ask Duque not to resume spraying with glyphosate Colombia: Rural communities and environment at risk