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Permitted to Prohibit Mining

The question that everyone asks here in Salento, Quindío is the same I have heard from mayors and social leaders in many municipalities: can the mining titles given by the National Government supercede local decisions to privilege other activities, like tourism, agriculture, or the conservation of water sources.

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Publication

Recognition with Redistribution: Ethno-Racial Law and Justice in Latin America

This Dejusticia book presents an analytical framework and an empirical panorama of the reality of indigenous and afro-descendant rights throughout the region. To this end, it traces trends, advances and tensions in the regulation of cultural diversity and ethnic-racial justice through the analysis of four themes

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Column

The Outstanding Debts of the Ranchería Dam

Coauthored by Angélica María Cuevas

The idea calling for a second phase of the El Cercado dam in the Riego Ranchería District of La Guajira (a Department in Northeastern Colombia), has revived the indigenous group Wiwa’s concerns. They belive that, for a second time, their opinion has not been considered in the government’s plans to authorize, since this year, the construction of preliminary public works for the construction of damns and irrigation systems in the Districts of Ranchería and San Juan del Cesar. These works, according to Ariel Borbón Ardila, head of the Colombian Institute for Rural Development (Incoder, by its name in Spanish), are estimated to cost $546 Billion Colombian Pesos (about $227.5 Million U.S. dollars). 

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Post

The Wiwa People and the Ranchería Dam (Documentary)

In the 2005, the INCODER began the construction of the El Cercado Dam on the Ranchería River. The government issued the construction license for the dam violating the right of the indigenous peoples of the Sierra Nevada de Santa Marta to prior consultation. In this documentary, members of the Wiwa People share how their physic and cultural survival was threatened by the construction and their means of resistance they have developed to challenge the Dam.

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Artículo de Litigio

Intervention in tutela for the protection of the conformation of community action groups in San Lorenzo

The Governor of the indigenous community of San Lorenzo filed a tutela against the government of Riosucio in order to stop it from promoting the formation of community action groups within the reservation. We argue that the promotion of these groups, undertaken without the consent of the authorities in the cabildo, is a violation of autonomy and the right to ethnic and cultural diversity of the Embera community of San Lorenzo who decided, through its legitimate authority, to not constitute the formation of such groups within the reservation.

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Artículo de Litigio

Citizen Intervention: tutela against the Ministry of Transport and others for violations of the right to prior consultation and territory

In this amicus, support for the arguments advanced by the Colombian Commission of Jurists in order to suspend the construction of a road that crosses indigenous reservations as well as gold mining exploration such until the indigenous peoples affected (Embera, Katío y Embera, Dobida) have been consulted with.

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Artículo de Litigio

Rights of the Black Communities

The Community Counsel of the Islands of Rosario filed a tutela against INCODER, arguing that the State has violated its rights of petition and due process, as well as the prior consultation rights of the community, and the existence, and cultural integrity of the community.

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