Autonomy of the indigenous communities in ther own territories. Protection of their integrity and the enviroment

 T-129/11. AUTONOMY OF THE INDIGENOUS COMMUNITIES IN THEIR OWN TERRITORIES. PROTECTION OF THEIR INTEGRITY AND OF THE ENVIRONMENT

The plaintiff is composed by members of the indigenous communities of Embera-Katío and Chidima-Tolo, in the suit, they explained the problems originated in: (i) the construction of highways that cross through the indigenous reservation, (ii) the electric connection between Colombia and Panamá, and (iii) the mining concessions for the exploitation of gold. Those circumstances have, in their judgment, fragmented the territories of the reservation, making it accessible for settlers to occupy their land irregularly and explote the natural resources of the region, damaging the environment. For those reasons, they request the judge of tutela to order the suspension of the works in the highway denominated Ungía-Akandí, until it’s bring forward a prior consultation process, and the proper administrative actions are interposed.The ruling emphasizes that projects or laws that affect indigenous territories must take into account the communities that inhabit them. The important thing in this ruling  is that the participation in the prior consultation must be before, during and after the project that affects the communities.