Bogota
A Bogotá Court admitted a popular action filed by Reginaldo Kassim Aduen Bray against Bogotá DC and others, in a case that seeks the protection of collective rights to a healthy environment and the integrity of public space. The lawsuit was filed due to the occupation of the Enrique Olaya Herrera National Park by Embera Katío indigenous community from October 2023.
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According to the court order issued, the lawsuit focuses on the occupation of the park and the negative environmental impact it has had, including the use of water sources and public space as waste disposal sites. Reginaldo Kassim Aduen Bray, in his popular action, argues that the occupation has prevented the Bogota community from properly using the park, highlighting that the Mayor’s Office of Bogotá has allowed this situation by omission for several years.
Judge Lucelly Rocío Munar Castellanos decided to admit the lawsuit and link several national and district entities to the process. Among them are the Ministry of the Interior, the Unit for Comprehensive Care and Reparation of Victimsthe Colombian Institute of Family Welfare, the Attorney General’s Office, the Land Restitution Unit, the Special Assets Society (SAE) and the Ombudsman’s Office.
The Embera Katío community has occupied the Enrique Olaya Herrera National Park as part of their demands for territorial rights and decent living conditions. However, the situation has generated controversy due to the impact on public space and the rights of the city’s inhabitants. The lawsuit seeks the relocation of the community, a task that, according to the law, corresponds to the Ministry of the Interior, which has already been leading consultation roundtables to resolve the situation.
The car mentions that “the Ministry of Interior “has reported on its official website about the actions coordinated with various entities for the relocation of the Embera Katío indigenous people.” Likewise, it is highlighted that the Secretariat of the Judicial Branch must inform the community about this process and notify the parties involved.
The Class action brought by Aduen Bray cites several legal and constitutional foundations, including the right to a healthy environment and the protection of public space. According to the plaintiff, “the uninterrupted disposal of waste, burning and inappropriate use of water sources in the Enrique Olaya Herrera National Park not only constitutes an impact on the environment, but also has an impact on the quality of life and health of those who live in its surroundings.”
This case highlights the tension between the rights of indigenous communities and the need to protect public space and the environment. The lawsuit and the court order highlight the need to find solutions that respect the rights of all parties involved, while protecting the general well-being of the community.
