Jose Ilder Diaz Benavides et al v. ANLA et al

52-001-33-33-002-2020-00051-00 // T-413/21
No description
Final judgment
Colombia, Bogotá, D.C.

Individuals, Farm/rural workers, Local authorities
Jose Ilder Diaz Benavides, Asociación de Limoneros del Municipio de Policarpa, Adolfo León López, Junta de Acción Comunal del Corregimiento de Madrigal, Maria Esperanza Garcia Meza, Asociación de Cacaocultores del Municipio de Policarpa, Rosa Maria Mateus Parra ...
Autoridad Nacional de Licencias Ambientales (ANLA)
No description

Administrative
Glyphosate, Roundup, Herbicide
To suspend the date set for the environmental hearing prior to the renewal of the aerial application of glyphosate, scheduled for May 27, 2020, until the national licensing authority can ensure the effective participation of communities.
Constitutional Court of Bogotá, D.C., Colombia
Court of Cassation

November 29, 2021
Positive
Protection actions 2020-00142-00, 2020-00074-00 and 2020-00105-00 are joined with this action. Suspension of aerial spraying of herbicides until real and effective community participation is ensured. The Constitutional Court orders ANLA, the Ministry of the Interior and the National Police to conduct a process of prior consultation with the ethnic communities present in each of the six defined operational nuclei.
National law

Plaintiffs challenge the plan to inform and involve communities about aerial spraying of glyphosate to control coca crops, in particular because of the measures related to the COVID-19 pandemic. On May 27, 2020, the Administrative Court of San Juan de Pasto, Nariño, orders the suspension of aerial spraying of the herbicide until the real and effective guarantee of community participation. The decision is partially confirmed on appeal on July 10, 2020 by the Administrative Court of Nariño. On Nov. 29, 2021, the Constitutional Court confirmed the decision and ordered the ANLA, the Ministry of the Interior and the National Police to carry out a process of prior consultation with the ethnic communities present in each of the six defined operational nuclei, which cover a total of 104 municipalities in 14 departments, within a period of one year, extendable up to six additional months. It considers that the technological means put in place during the COVID-19 health crisis did not allow consultation with the PECID of the communities likely to be affected by the spraying activity, since they do not have access to the Internet. This is a violation of the right to environmental participation of these communities.