Ecolex Logo
The gateway to
environmental law
Search results » Jurisprudence

Judgement No. T-348/12

Country/Territory
Colombia
Type of court
National - higher court
Date
May 15, 2012
Source
UNEP, InforMEA
Court name
Corte Constitucional
Seat of court
Bogotá D. C.
Reference number
T-3.331.182
Language
Spanish
Subject
Fisheries
Keyword
Public participation Food security Access-to-information
Abstract

The Colombian Constitutional Court is asked to review the judgment of the Administrative Court of the Council of State.

The Association of Fishers require the protection of the fundamental rights of its members, and request to force the "Consortium Vía al Mar" to refrain from closing the beaches where fishermen fish and moor their boats, until it does not come to an agreement on compensation for damages that the completion of the ring road project is causing.

The fishers state that for many years they have developed artisanal fishing on the beaches of the area, where a ring road project is being built by Consortium Via al Mar. The fishermen complain that the authorities did not call them in order to hear their point of view on the project. Also, they state that they are violating the rights of minorities to the consultation and the rights of the families of fishermen who have suffered the constant decline in their incomes.

The Court develops his argument following the three elements that structure the cause: The right to participation of local communities in the construction of mega projects; the right to free choice of profession in communities of subsistence; and the right to food and the concept of food sovereignty.

The Court followed that arguments of the fishers and found a violation of their fundamental rights.

Full text
sentenciat-348-12-corteconstitucional.pdf