City of Bucaramanga et al. v. Ministry of Environment et al.

In 2018, the City of Bucaramanga filed a lawsuit against the Ministry of Environment and Sustainable Development, the National Authority on Environmental Licenses, and two regional environmental authorities (Corporación Autónoma Regional para la Defensa de la Meseta de Bucaramanga -CDMB and Corporación Autónoma Regional de Norte de Santander -CORPONOR) seeking the protection of the Páramo of Santurbán against mining activities. Later in 2020, citizen Antonio José Serrano Martínez filed a second lawsuit against the Ministry of Environment and Sustainable Development and the National Authority on Environmental Licenses, also seeking the protection of the same ecosystem against mining activities. Due to their similarities, the lawsuits were studied and decided together. Páramos are high-altitude, tropical, montane ecosystems characterized by a cold, humid climate, herbaceous vegetation, and peat soil, and found primarily in the Andes Mountains. The Páramo of Santurbán’s importance relies on its functionality as a carbon capturer, water regulator, and biodiversity reservoir. As such, its protection presupposes the enjoyment of several human rights, including access to safe drinking water, a healthy environment, public health, food security, and sustainability. On July 21, 2025, the Administrative Tribunal of Santander granted the status of subject of rights to the Páramo of Santurbán. Following the legal precedents set by the Constitutional Court (Atrato River) and the Supreme Court (Amazon region and Los Nevados National Natural Park), the Tribunal found there was sufficient evidence to declare the páramo ecosystem as a subject of rights. Notably, the decision cites the recent Inter-American Court of Human Rights Advisory Opinion No. 32/25, which reaffirmed the interdependence of human rights and environmental protection, while also recognizing nature as a subject of rights in its own right. The Tribunal also recalled the Advisory Opinion’s recognition of a right to a healthy climate. It reiterated the need to provide comprehensive protection of the myriad ecosystems that coexist in the world. Furthermore, the Tribunal stated that climate change, along with other anthropogenic activities such as mining and agriculture, has contributed to the structural and persistent existential threat of the páramo ecosystem. The Tribunal concluded there was a real risk that could significantly harm the páramo, which called for an immediate and reinforced protection. Moreover, the Tribunal invoked intergenerational equity as a bedrock principle to support the recognition of rights of nature. The decision is under appeal.