Santurban case

Santurban case

1. Yair Segundo Ruz Menco febrary 16-2025

2. Aspects to take into account if you were the CEO of a multinational company that is in the process of obtaining a license to operate mining extractivism in Santurbán.

   • Chapter 1 - Fundamental Rights
     • 1.Right to life and human dignity human dignity (Article 11 and 1)
       • Mining activity must not endanger the lives of communities or deteriorate their quality of life, especially if it communities nor deteriorate their quality of life, especially if it affects their access to water or their health.
     • 2.Right to equality (Article 13)
       • It must be ensured that communities, regardless of their geographic or socioeconomic location, have equal opportunities to participate in important decisions on the use of their natural resources.
     • 3.Right to liberty and security of person (Article 28)
       • Páramo inhabitants must be protected from violence and intimidation resulting from socio-environmental conflicts generated by mining.
     • 4.Right to participation (Article 103)
       • In this context, it must be ensured that rural and urban communities affected by mining can express their opinions in a free and informed manner, and that the right to be consulted is respected.
     • This chapter covers individual individual rights of all persons and must be respected be respected during any process of extractive activities in the territory of Santurbán.
   • Chapter 2 - Social, Economic and Cultural Rights
     • 1.Right to work (Article 25)
       • Artisanal and small-scale mining is the source of income for many people in the area. It is essential to promote productive reconversion alternatives that allow them to continue working without affecting the ecosystem, guaranteeing a decent income.
     • This chapter refers to rights related to the economic, social and economic, social and cultural well-being of people, which are also influenced by the social and cultural well-being, which are also influenced by mining mining extractivism in the region.
     • 2.Right to education (Article 67):
       • Education must be accessible to all people, including access to information on socio-environmental impacts and alternatives to extractivism.
     • 3.Right to health (Article 49):
       • Mining can generate risks to people's health due to pollution and other environmental impacts. It must be ensured that mining activities do not affect the right to health of nearby communities.
     • 4.Right to water (Article 365)
       • Santurbán is a vital water source for many regions. Mining must be managed in a way that does not jeopardize access to drinking water, considering that water is a fundamental human right.
   • Chapter 3 - Collective and Environmental Rights
     • 1.Right to participate in environmental management (Article 79)
       • Communities affected by mining in Santurbán should be able to participate in decision-making related to land use and ecosystem protection, in line with Ruling T-361 which establishes the need to consult affected communities.
     • Este capítulo aborda los derechos de las comunidades y pueblos, especialmente en lo que respecta a la protección de sus territorios y recursos naturales.
     • 2.Derecho a un ambiente sano (Artículo 79)
       • Mining in Santurbán must be carried out in a responsible manner, minimizing ecological impacts on the páramo, which is an essential ecosystem for water regulation and biodiversity.
     • 3.Right to cultural identity (Article 70):
       • The rural communities of Santurbán have a historical relationship with artisanal mining. with artisanal mining. The company must take into account local local values and customs so that the economic reconversion process does not destroy local economic reconversion process does not destroy the cultural identity of mining of the mining communities
     • 4.Right to collective property of ethnic peoples (Article 63):
       • Although an indigenous ethnic people is not specified in the case, rural communities may have use rights over land and natural resources. Any mining project should be carefully evaluated in terms of land rights and access to natural resources.