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Territories Discuss the Future of Popular Consultation in Colombia

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The past 11thof August, in Bogotá, around 50 representatives of various territorial defence processes and a dozen experts, joined forces with the purpose of discussing the future of popular consultation in Colombia regarding extractive activities. Delegates of various municipalities from all over the country, from Cesar to Nariño, came together.

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The popular consultation held in Piedras, Tolima, which took place in 2013 and was the first of its kind regarding mining activities in the country, and the one held in Cajamarca, Tolima in March 2017, the first of citizen origin in the country, have been important milestones that have awoken the interest of many municipalities to hold similar processes. The socio-environmental movements that are taking these initiatives forward have been able to consolidate democracy in Colombia and to strengthen a participatory mechanism that enables citizens to address extractive conflicts through the application of constitutional tools.

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The arguments of the government and the companies to delegitimize these participative processes are based on affirming that extractive and mining activities are of public utility and general interest. They assume that the regulation and authorization correspond unilaterally to the Nation, since it is understood that these activities are indispensable for the economic growth of the country. They offer an extractive vision that in the practice is hegemonic and stigmatizes other ways of generating economic wealth like agriculture, tourism, agroindustry, services and other alternatives that can unfold from innovation, science and technology.

Even though the subsoil and non-renewable natural resources are property of the State, it is key to understand that the municipalities are also part of the State and as such, co-owners of the subsoil. From this point of view, popular consultations are a constitutional tool based in the right to territorial autonomy, to civil society participation and the right to a collective healthy environment. The discomfort of the habitants of municipalities where the extractive projects are being imposed, arises from the fact that environmental licenses are given without the participation of communities and with a lack of knowledge about the negative impacts that extractive activities have in the territories.

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In the present, the popular consultations have been suspended by the National Registry and the Ministry of Treasure because a supposed lack of budget for the development of the consultations, argument that lacks legal foundations. The State, in head of the Ministry of Treasure, has not facilitated the necessary financial resources for the implementation of these mechanisms. During our meeting, experts made emphasis about the fact that there is a legal impediment that does not allow local governments to finance Popular Consultations even though is some cases the local governments have manifested their will to do so. This is exclusive responsibility of the National Registry of Civil Status, who obtains the resources of functioning and logistics from the Ministry of Treasure.

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The national movement defending popular consultations is currently on hold and waiting for the Constitutional Court to manifest its decision about the guardianship or “tutela” interposed by the oil company Mansarovar Energy against the popular consultation held in Cumaral, Meta. The members of this movement fear this verdict can limit the implementation of this democratic participation mechanism, especially because of the evident tendencies of the new magistrates in the court. The movement and the experts realized, in relation to the case in Cumaral, that there are procedural shortcomings that bring a mistake committed by the court to the light. In spite this pronouncement is not retroactive and will not affect Popular Consultations that have already taken place, there is still a concern regarding the processes that are currently unfolding and consolidating, but have not yet taken place. This unease has arisen in the socio-environmental movement because of the pro-extractive declarations given in the past weeks by the new government.

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The spokesmen of different municipalities holding popular consultation processes in Colombia, concluded that it is necessary concentrate efforts in the implementation of the consultations, because to win the voting polls is not the only important thing, but asking ourselves: what happens after the popular consultation is won? Agreeing with this, experts who joined the event suggested the leaders to open participation spaces to have incidence on municipal territorial ordering and continue to strengthen the authority municipal councils have to protect ecological and cultural heritage. Experts also suggested to take the environmental determinants into account and the capacity of diversifying strategies to defend the territories.

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Leaders discussed the possibility of organizing autonomous popular consultation during the encounter as well, as these could voice opinions of the communities through democratic mechanisms and resolve the blockages imposed by the Ministry of Treasure and the National Registry. In spite the lack of legally binding force of this process, at a grass-root level it stimulates self-organization capacity, mobilization and it brings the political effects of civil society participation. This should be evaluated regarding each case in order to avoid the exhaustion of social movements, given the high logistics and economic costs.

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The opinion of the experts is the government will pretend to limit the binding scope of popular consultations in order to continue to promote mining concentration processes, which has been implemented by the National Mining Agency (ANM) for several months. This type of governmental initiatives ignores the right of the communities to apply active and effective participation. The methodology implemented by the ANM makes the lack of awareness and interest of a truly equal and horizontal dialogue evident.

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Given the current situation of the country, with more than 7,500 mining requests, it is important to offer integral strategies that go beyond popular consultations in order to insure the defence of the territory. It is imperative to construct integral strategies that appeal simultaneously to legal actions, to mobilizations, and to creative, artistic and cultural ways in which the genuine leadership of the habitants of the territories is stimulated. During the meeting, leaders made emphasise on the importance of documenting the information of each cases, registering in a detailed way what is happening in every municipality and systematizing the information, in order to consolidate the national movement in defence of the territory. Leaders expressed the need to look for tools that allow us to give visibility to the local processes and strengthen the articulation to global movements in defence of the natural commons and human wellbeing.

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The Colombian Constitutional Court is about to take a decision about popular consultations. Join this campaign taking a picture with the hashtag and support the request for the voice of communities to be respected regarding mining projects in their territories!!!

Hashtag: #PopularConsultationsToRaiseOurVoice

In Spanish: #ConsultasParaTenerVoz

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