Briefing Provided To Colombian Judiciary On Land Rights Decree

Published date07 August 2020
Subject MatterGovernment, Public Sector, Human Rights, Indigenous Peoples
Law FirmLeigh Day
AuthorLeigh Day

The Colombian government issued a decree to redefine the boundaries of the ancestral territory of indigenous groups who inhabit an area known as the Sierra Nevada de Santa Marta in the north of the country.

However, a third party has tried to have the decree annulled and the case has been presented to the Colombian Council of State (Consejo de Estado - the highest judicial authority in Colombia for administrative law matters).

Leigh Day and the Law Society submitted a joint amicus curiae brief to the Consejo de Estado to help with their consideration of the case.

The purpose of the government decree which the third party is attempting to annul is to protect the ancestral territory of the indigenous groups - known as the Linea Negra - and to lay down various principles for the protection of their rights, including to use and manage natural resources and have access to sacred sites in those territories.

The attempt to annul the decree raises a number of issues which are governed by international legal instruments and which have been interpreted by the jurisprudence of international bodies and courts, including in particular the Inter-American Court of Human Rights.

Leigh Day and the Law Society submitted the amicus curiae brief in order to highlight the relevant principles of International Law which the Consejo may take into account when considering the legal arguments in the case.

The conclusion suggested in the amicus brief is that the decree as adopted is generally in line with...

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