Collective ownership and inherent steward rights of the land

Andoque of Aduche – Indigenous community v. Ministry of Environment and Sustainable Development & another

Date:  02/15/2019

Judge-Rapporteur:  Antonio José Lizarazo Ocampo

Dissent:  Gloria Stella Ortiz Delgado (partial)

Facts.  The indigenous community Andoque of the municipality of Aduche in Puerto Santander, Amazonas, filed legal action against the National Government, so that within the so-called Amazon Vision program, the pertinent judicial guidelines established to protect their right were followed.  The plaintiffs claimed their steward rights over their ancestral lands, and to be consulted on every action taken thereof.  The mentioned program is executed by the Government with financial support of several public international entities, and aims at the reduction of emissions coming from deforestation in the Amazon.

Issue:  Do indigenous communities have the right to be previously consulted about governmental projects that affect their stewarded lands?

Ruling and reasoning.  Yes.  The Court granted protection of the fundamental rights of the plaintiff community to prior consultation based on the recognition of their ancestral inherent rights to steward these lands.  In addition, the Chamber found that the execution of the Amazon Vision program implied a distribution of environmental burdens, by manipulating ecosystem resources within the community's territory in the Amazon biome. Therefore, ordered the authorities to guarantee the adoption of policies and/or legal instruments for the preservation of these biodiverse areas, and in this way avoid a serious impact on the environment.