Panorama of the operational area of Yanacocha. La Minera Yanacocha is the business that exploits this area in which the largest gold mine of Latin America can be found. Wikimedia Commons.
Public consultations as a means to determine the future of a
territory is a constitutional right in Colombia, but now it’s in danger.
This mechanism
of citizen participation has been designed to allow local communities to make
decisions and to provide them with territorial jurisdiction. The result of the
consultations must be complied with by the authorities.
However now, this democratic exercise is in danger. A ruling
by the Constitutional Court on the 12th of October declared that
communities can’t use public consultations as a mechanism to stop mineral
extraction projects and hydrocarbon exploitation.
In 9 municipalities of Colombia, when asked “would you like
this project to be carried out in your territory?” more than 90% of inhabitants
responded with a resounding NO. It’s clear that these consultations are an
enormous obstacle for those who promote extraction and mining projects.
The joy of environmental activists who celebrated the enshrining
of this right into the constitution lasted for a short period of time. Now,
their frustration is immeasurable.
That’s why we present 3 keys to understand the crisis of
public consultations in Colombia.
The decision to end
public consultations is anti-democratic
It’s clear that public consultations have been one of the
most representative mechanisms created by the democratic system, with the
desire to give a voice and vote to citizens about issues affecting their
territory.
The growth in popularity of this tool among the Colombian environmentalist movement led to many consultations taking place as a means of tackling mining and extraction projects and providing less aggressive alternatives to current development models.
The growth in popularity of this tool among the Colombian
environmentalist movement led to many consultations taking place as a means of
tackling mining and extraction projects and providing less aggressive alternatives
to current development models.
Putting an end to the use of such mechanisms is an attack on
democracy itself, and on an empowered public that valued this constitutional
right.
One of the magistrates that voted in favour of the sentence decided
to use his dissenting vote (known as voting bailout or salvamento de voto in
Colombia) to protest against the fact that the court is making a regressive and
anti-democratic decision given that this is an unjustified limitation on
citizen participation in processes that directly impact their ecosystems.
The world’s largest moorland in danger
A large process of citizen mobilisation came together to
protect an ecosystem that is one of a kind: the Colombian moorlands. Sumapaz, a
region in the south of Bogotá that hosts the largest moorlands in the world,
already brought forward two consultations in two of its municipalities to
detain fracking.
With the decision of the Constitutional Court, those who
engage in public consultations feel that their right to active participation
and the legitimate exercise of their right to define the future of their
territories has been violated.
One of the fundamental contributions of these consultations
is the increasing awareness of environmental issues that has allowed many to
understand the drawbacks of mining projects.
It has become evident that in many
regions affected by mining projects, poverty has worsened. These projects that
promised to promote development bring only tragedy to local communities and
territories that are only left poorer once it has drawn to a close.
Thanks to public consultations, citizens have learnt the
clear social and environmental disadvantages of the macro-exploitation of
hydrocarbons in the moorlands and they have rejected these projects in their
majority.
The environment and
human life at risk
As declared by an inhabitant of Cajamarca, one of the
municipalities that voted no to petrol extraction in their territory on the 26th
of March: “Our lives are at risk with this public consultation. We aren’t just
facing a threat to the environment, but also to economic life, the legitimacy
of the political regime, and the possibility of constructing a stable and
lasting peace.”
It’s clear that the fundamental tension lies within the
rejection of an overwhelming model of economic development that regards extraction
as a method of wealth accumulation for the lucky few.
What is really at stake in this conflict between the Colombian state and public consultations is the power of multinationals and their economic agendas up against the democratic exercise of empowered communities to defend their lives and their territories.
What is really at stake in this conflict between the
Colombian state and public consultations is the power of multinationals and
their economic agendas up against the democratic exercise of empowered
communities to defend their lives and their territories.
The uses of territory, economic development, institutional
strengthening and protection of environmental democracy are fundamental issues
at play.
In the case of Colombia, how this conflict is resolved will
undoubtedly affect many other processes in the region, a region rich in natural
resources yet threatened by an extraction-based economy that benefits the minority.