Municipality of Nóvita v. Presidency of the Republic et al

T-236/17 T-4.245.959
August 3, 2012
Final judgment
Colombia, Bogotá D.C.

Local authorities
Ombudsman of the communities of inhabitants of Nóvita
Colombia
No description

Administrative
Direct action of unconstitutionality
Glyphosate
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".
Cour Constitutionnelle of Bogotá D.C., Colombia

April 21, 2017
Positive
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.

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.