Extractivist industries and ISDS in Colombia
As of March 2023, there were 14 open cases and eight new cases pending, totalling an estimated $13.2 billion (USD). In May 2023, War on Want joined representatives from social and environmental organisations from eight countries in Europe and the Americas, on an international delegation to Colombia. The delegation saw firsthand the real-world impacts of these ongoing mining projects, in La Guajira and Santander.
The delegation, together with local communities and activists, also met with local and national authorities to communicate the harmfulness of the system of foreign investment protection and show that Colombia is not alone. The delegation shared experiences from Europe, Ecuador, and other parts of the world where governments have been rejecting ISDS. This report details the findings of the delegation and includes recommendations for action.
We witnessed how this system enables corporate impunity and threatens the realisation and defence of Colombians' fundamental human and environmental rights. We also observed how this system interferes with judicial independence, environmental regulation, and national sovereignty."
The report highlights how lawsuits and the threat of lawsuits, are endangering vulnerable peoples and ecosystems. For example:
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Swiss mining giant Glencore, owner of Cerrejón the largest open-pit coal mine in Latin America, is demanding compensation following Colombia’s Constitutional Court ruling in favour of the Wayúu people's rights to water, health and food sovereignty.
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Canadian gold mining corporations Eco Oro Minerals, Red Eagle and Galway Gold, are suing for lost profits following the introduction of environmental protection measures — won following strong mobilisation by the Committee for the Defense of Water and the Santurbán páramo.
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Emirati mining company, Minesa in partnership with Canadian company Aris Mining, could have recourse to similar legal action, should the Colombian government introduce the environmental protection legislation necessary for protecting the water supply to the city of Bucaramanga the surrounding region.
This report calls for an end to the abuse of power by transnational corporations, and recommends the Colombian government withdraws from this rigged system of foreign investment protection. It also concludes that it is not enough for the government to defend itself well or negotiate the price of compensation, or to attempt to modernise trade treaties. The delegation joins affected communities and Colombian social organisations in sponsoring the petition for a peoples’ review of trade deals. You can Sign the petition now.
