The Colombian Constitutional Court is asked to review the previous judgment of the Superior court of the District of Bogotá

The Ombudsman, in representation of 19 member citizens U'wa indigenous ethnic group, submitted to the Superior Court of the District of Bogotá, jurisdictional protection against the Ministry of Environment and “Sociedad Occidental de Colombia, Inc”. The applicants considers that the law whereby  the environmental license is given to this company violates the following fundamental rights: the indigenous, the right to ethnic minorities, the right to the territory, the right to self-determination, the right to language, right to live, the right to social and community participation.

The Court considered that if the resolution implementing the environmental licence the rights of consultation of the indigenous communities would be violated permanently, what means the violation of the rights regarding their ethnic, cultural, social and economic identity. For these reasons, and following the argumentation of the applicants, the Court found a breach of the Constitution.