Court has the last word

Court has the last word
Court has the last word

This Wednesday, June 26, the Sixth Review Chamber of the Constitutional court will decide whether or not to review the guardianship through which 14 organizations and two unions from the mining corridor of the Cesar department are requesting an effective participation in the closure of the Calenturitas and La Jagua mines, titles that were delivered in advance by Prodecofrom the multinational Glencore.

On August 5, 2022, the organizations filed a protection action against the Ministry of Mines, the National Mining Agency, the Ministry of the Environment and the National Environmental Licensing Agencyin order to protect their fundamental rights to prior consultation, citizen participation, access to information, to the territory, and the ethnic and cultural diversity of indigenous communitiesAfro-descendants, unions and peasants from the Cesar and Magdalena mining corridor.

FAULTS

The constitutional action was heard in the first instance by the Seventh Administrative Court of Valleduparwhich, by failure of the November 4, 2022ordered the Prodeco Business Group Yet the ANLA convene a dialogue table in which the content of the update of the “Closing plan” to determine the outstanding obligations of the companies.

This decision was modified in the second instance by the Cesar Administrative Courtwho ordered the Prodeco Group hold dialogue tables. According to the plaintiffs, the Prodeco company only called a meeting in December 2022in which only socialization was carried out, but there was no agreement.

The unions and organizations initiated a contempt incident before the Seventh Administrative Court of Valledupar; However the judicial office abstained.

For this reason, through the guardianship, they requested the Constitutional court that the decisions are left without legal effects and that, therefore, the Seventh Administrative Court of Valledupar decide again in substance on the decision of contempt of court.

“The Constitutional court You have a historic decision in your hands. On June 26 he will be able to decide whether to assume the guardianship presented by 20,000 people from Cesarwho demand to be taken into account in the mining closure of the multinational Glencore-Prodeco“, they noted.

And they added: “Their decision would set a precedent for other mining closures in the country and the guarantee of human rights, as well as a support for Colombian sovereignty”.

HISTORY

The National Mining Agency accepted the resignation of Prodeco to mining titles in the Cease in 2021, despite the fact that the contract indicated that its operation would last until 2035.

Prodeco was the owner of all the mining titles of the Calenturitas and La Jagua mines, of the railway operation of coal transportation and coal export port Puerto Nuevo. In these operations he generated around 4,577 direct and indirect jobs, of those 3,655 in the Cease.

By Deivis Caro

 
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