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Pirá Paraná Indigenous Council and Association of Indigenous Traditional Authorities of river Pirá Paraná “ACAIPI” v. Ministry of Environment and Sustainable Development and others - judgment

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Pirá Paraná Indigenous Council and Association of Indigenous Traditional Authorities of river Pirá Paraná “ACAIPI” v. Ministry of Environment and Sustainable Development and others - petition

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Pirá Paraná Indigenous Council and Association of Indigenous Traditional Authorities of river Pirá Paraná “ACAIPI” v. Ministry of Environment and Sustainable Development and others - ruling

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On July 15, 2022, the Pirá Paraná Indigenous Council and the Association of Indigenous Traditional Authorities of river Pirá Paraná “ACAIPI” filed a tutela arguing the violation of their fundamental and human rights to self-determination, cultural integrity, autonomous governing and territory. Defendants in this case are the private companies that are implementing REDD+ projects in their territory and the environmental authorities in charge of authorizing and monitoring the projects. 

Plaintiffs argue that the REDD+ projects violate their fundamental and human rights as a result of (i) a lack of human rights due diligence by the private companies, and (ii) the failure of the government to protect their rights. Plaintiffs contend that all climate change mitigation and adaptation measures, projects and programs must protect and ensure the enjoyment of Indigenous fundamental rights in their respective territories. Particularly, plaintiffs claim that the Colombian legal framework ought to incorporate human rights’ standards regarding the implementation of REDD+ projects to ensure mitigation measures that aim towards environmental protection do not violate human rights. Likewise, plaintiffs assert that due diligence conducted by the private companies must include human rights’ standards, which was not the case. Plaintiffs argue that the private companies deliberatively ignored and excluded the Indigenous authorities.

The case was first heard by a judge, who rejected the plaintiffs’ arguments. The judge’s reasoning is based on the subsidiary nature of the tutela mechanism, which is an expedite procedure only available in case regular mechanisms are inadequate to ensure the protection of the plaintiffs’ rights. The judge found that the plaintiffs have indeed other judicial mechanisms to challenge the defendants’ actions and declared that the tutela was not adequate in this case. Plaintiffs filed an appeal and the Administrative Tribunal upheld the judge’s decision. 

On April 28, 2023, the Colombian Constitutional Court (the Court) exercised its judicial review and selected this case for review. The case will now be heard by the Court’s Justices, who will have the opportunity to study the REDD+ projects for the first time, in what could become a precedent for other carbon emission and climate change mitigation activities particularly regarding Indigenous communities’ rights. The Court deemed it important to provide a clear judicial guideline as to the way these and similar projects are being implemented as well as whether the tutela is the adequate mechanism to challenge the projects, especially with regard to Indigenous rights.

On June 25, 2024, the Constitutional Court found that the plaintiffs' rights to self-determination, cultural integrity, autonomous governing and territory had been violated. The Court found that the private companies charged with developing the project failed to exercise due diligence by failing to (i) include domestic and international human rights standards, (ii) obtain free, prior and informed consent, and (iii) effectively monitor the potential harms derived from the project. The Court also underscored the importance of applying an ethnic perspective to all REDD+ projects to ensure the protection of Indigenous rights.

The Court acknowledged the importance of REDD+ projects in the fight against climate change. The Court stated that these projects constitute a viable option for sustainable forest management as well as Indigenous communities' governance, if done adequately. The Court ordered an open dialogue so Indigenous peoples can decide whether and if so, how to implement the REDD+ project in their territory in a way that guarantees the protection of their rights. Further, the Court ordered the creation and implementation of a protocol for future projects that applies an ethnic perspective and allows for monitoring the implementation of REDD+ projects in Indigenous and collective territories.

Pirá Paraná Indigenous Council and Association of Indigenous Traditional Authorities of river Pirá Paraná “ACAIPI” v. Ministry of Environment and Sustainable Development and others

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

People with different national or cultural traditions from the dominant population

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Actions or measures to adapt terrestrial systems to climate change.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Activities that relate to the production of goods and services from forests.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

The processes through which enterprises can identify, prevent, mitigate and account for how they address their actual and potential adverse impacts. Due diligence is the idea that reasonable precautions should be taken to avoid causing harm to people, the environment, or society. It also involves identifying and mitigating risks before they occur.

Pirá Paraná Indigenous Council and Association of Indigenous Traditional Authorities of river Pirá Paraná “ACAIPI” v. Ministry of Environment and Sustainable Development and others - judgment

Policy instrument

Risk

Impacted group

Greenhouse gas

Economic sector

Adaptation/resilience

Finance