Indigenous Peoples

Sentence SU698/17 (Arroyo Bruno case), Constitutional Court of Colombia

Representatives of Wayuu indigenous communities presented constitutional claims against government authorities and a mining company (Cerrejón) for threatening their fundamental rights to water, food, and health by diverting a 3-kilometer section of a stream (Arroyo Bruno) in order to expand coal-mining operations in an arid region of the Department of La Guajira in Colombia.  The Court suspended activities related to the stream-diversion project until the several orders are complied with by a judicially created Inter-Institutional Workgroup, explaining that, although the initial coal-mining

Save Mon Region Federation v. Union of India

Save Mon Region Federation v. Union of India, Appeal No. 39 of 2012
National Green Tribunal (April 7, 2016)

The Save Mon Region Federation, on behalf of the Monpa indigenous community, challenged the environmental clearance granted for the construction of a hydroelectric dam on the Naymjang Chhu River.  The Federation pointed to faults in the environmental impact assessment (EIA) procedure and a lack of close scrutiny of the project by the expert appraisal committee (EAC).

Kansol S.A. y Roswell Company S.A. c/ La Ley No. 5194

Kansol S.A. y Roswell Company S.A. c/ La Ley No. 5194 Que Declara de Interest Social y Expropria a Favor del Institute Paraguayo del Indigena (INDI), Año 2014 No, 797
Paraguay Supreme Court 

Law 5194/14 (promulgated June 11, 2014) expropriated land from two ranching companies and restored ownership to an indigenous community (Comunidad Indigena Sawhoyamaxa del Pueblo Enxet). The ranching companies (Kansol S.A. and Roswell Company S.A.) brought legal action to challenge the constitutionality of Law 5194/14.


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