Colombia’s top court orders government to protect Amazon
Louisa Wright
April 6, 2018
Columbia's top court has ruled that deforestation in the Amazon is detrimental to the health of the population. A group of 25 youths were the plaintiffs in a case that argued lack of action was costing them their future.
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Colombia's Supreme Court has ruled that the state has not sufficiently addressed deforestation in the Colombian Amazon and given the government four months to adopt a plan with short-, medium- and long-term goals to protect the rainforest.
The ruling was made on Thursday, after legal action was filed by a group of 25 children and youths with the support of Colombia-based rights organization Dejusticia.
The group argued that deforestation in the Amazon and the increase of the average temperature in Colombia jeopardizes their right to a healthy environment, life, good health, food and water.
Between 2015 and 2016, deforestation increased 44 percent from 56,952 hectares to 70,074 hectares.
Threatened lifeline: The Tapajos River
The Tapajos flows wild and free through the Amazon rainforest, acting as a lifeline for species. The river also sustains people — like the Munduruku indigenous group. But dam projects are threatening the river's ecology.
Image: DW/N. Pontes
Along the banks
The Munduruku people live mainly in forest regions and riverbanks, in villages spread along the Tapajos River in the Brazilian states of Para, Amazonas and Mato Grosso. With an estimated population of 12,000 to 15,000 people, the Munduruku are the most numerous indigenous group along the free-flowing Tapajos River.
Image: DW/N. Pontes
The forest
The dwellers of the Sawre Muybu Indigenous Land have sought for at least three centuries to officially demarcate their territory. The 178,000-hectare area includes rainforest that is threatened by illegal loggers and mining — and more recently, by the construction of reservoirs for hydropower.
Image: Getty Images/M. Tama
The 'chief'
Munduruku people live largely as they have for centuries. Villages are represented by women known as "cacicas." Maria Aniceia Akay Munduruku, from the upper Tapajos, has taken part in her people's movement against the construction of hydropower dams, including by demarcating indigenous land. She doesn't speak Portuguese: Her husband helps her to communicate with others outside the village.
Image: DW/N. Pontes
The essence of life
The Tapajos River is the essence of life for the indigenous Munduruku people. They depend on its water for sustenance, and to get around. The waters teem with vitality — there are 324 identified species of fish living in the waters, beside Amazonian manatees and giant otters.
Image: DW/N. Pontes
Rich biodiversity
Along the river also live hundreds of species of birds, lizards and amphibians. Tapirs and giant anteaters ply the riverbanks, while jaguars and ocelot also prowl the rainforest and savannah. The region is among the world's most important for rare land and water species.
Image: picture alliance/WILDLIFE/P. Oxford
The students
Munduruku children attend the village school, under the guidance of indigenous teachers. In this picture, girls play in the shared classroom at Sawre Muybu village during their holiday break. Animals such as monkeys, parrots, dogs and capybaras are welcome among the children.
Image: DW/N. Pontes
Living off the land
Manioc flour is the staple food in Munduruku villages — cassava planted on the family farm is crushed, shredded and then roasted in a wood-burning stove. Also sweet potatoes, yams and bananas are grown. Although Munduruku consume mainly food grown in the local fields, items such as sugar, salt and coffee have also made their way into the traditional diet. They are purchased in town once a month.
Image: DW/N. Pontes
The threat
An aerial view shows the Teles Pires dam, on the homonymous tributary to the Tapajos. The lighter green color indicates the area of forest that was submerged — critics point out that rotting vegetation from inundated forest produces considerable quantities of methane, a powerful greenhouse gas. The specter of ongoing drought also casts doubt on future usability of such hydropower stations.
Image: DW/N. Pontes
International partners
This aerial image shows construction at the Sao Manoel hydropower dam, which is supposed to begin operation by January 2018. Partially funded by Chinese companies, the cost of the project is estimated to reach €600 million euros. The plant, located on the Teles Pires River, will have the capacity to generate 700 megawatts of electricity.
Image: DW/N. Pontes
The consequences
If built, the Sao Luiz do Tapajos dam would inundate this stretch of the river — including its shallows, rapids, beaches, waterfalls, inlets and shores. Once full, it would create a reservoir the size of New York City. Planned dams could flood up to 7 percent of indigenous territory, resulting in loss of land, poorer water quality and less fish — deeply affecting Mundukuru livelihood.
Image: DW/N. Pontes
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Link between rights and climate change
The court agreed with the plaintiffs and found there was a causal link between the negative impact on their fundamental rights and the climate change generated by the progressive reduction of forest cover, caused by the expansion of the agricultural borders, drug crops, illegal mining and illegal logging.
"The Colombian State has not efficiently faced the problem of deforestation in the Amazon, despite having signed numerous international commitments and the existence in the country of sufficient regulations and jurisprudence on the subject," the court found.
It added that deforestation caused "imminent and serious damage" to the group, "and in general, to all the inhabitants of the national territory, both for present and future generations, because it uncontrollably releases carbon dioxide into the atmosphere, producing the greenhouse effect, which transforms and fragments ecosystems, altering water resources and thus the water supply of populated areas and soil degradation."
Amazon recognized as 'entity subject of rights'
The court also ordered an "Intergenerational Pact for the Life of the Colombian Amazon" to be developed within five months by government bodies, affected communities, scientific organisations and environmental groups, aimed at reducing deforestation and greenhouse gas emissions to zero.
To ensure the protection of the Colombian Amazon, the Supreme Court recognized the Colombian Amazon as an "entity subject of rights," just as the Constitutional Court did with the Atrato River in the state's northwest last year.
This status means the state has a duty to protect, conserve, maintain, and restore the forest.
The municipalities of the Amazon were also given five months to update their land management plans and develop an action plan to reduce deforestation to zero with measurable strategies.
Director of Dejusticia, Cesar Rodriguez Garavito, said it was "a historic ruling both nationally and internationally."
"At the national level, it categorically recognizes that future generations are subject to rights, and it orders the government to take concrete actions to protect the country and planet in which they live," Rodriguez said.
He noted that the ruling also sets a legal precedent for other climate change lawsuits. "The ruling is a fundamental step in the direction that other courts have been taking worldwide, ordering governments to fulfill and increase their commitments to address climate change," Rodriguez said.
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