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Article

28 Apr 2024

Author:
Mining.com

Colombia: Tenth Administrative Court of Ibagué ratifies mining ban upholding the result of a 2017 consultation

Consejo Regional Indígena del Cauca - CRIC

"Court decision to uphold mining ban in Colombian town impacts AngloGold project", 28 April 2024

...The Tenth Administrative Court of Ibagué, the capital city of Colombia’s western Tolima department, ratified a mining ban in the Cajamarca municipality, thus upholding the result of a 2017 referendum on the matter. 

The ruling was issued in response to a lawsuit filed by lawyer Wilson Alexei Vallejo, who sought to nullify the results of the consultation in which the population voted against developments such as AngloGold Ashanti’s La Colosa gold project.

... Mine construction was expected between 2014 and 2016, with production scheduled to start in 2016 or 2017. However, studies showed that the development would pose serious threats to the environment and locals, jeopardizing a river basin and reducing water supply for agriculture and consumption.

In response to such warnings, in 2017, the Cajamarca Committee Promoting the Popular Consultation organized the mining referendum. Out of 9,296 votes, 6,165 rejected mining in the area, with an emphasis on La Colosa. Since then, the project has been under force majeure...

The recent decision, thus, solidifies the validity of Agreement No. 003 of 2017...

The plaintiff argued that subsequent rulings by Colombia’s Constitutional Court, namely SU-095 of 2018 and C-053 of 2019, which limited the scope of popular referenda, invalidated Agreement No. 003 of 2017...

In the Coalition’s view, the ruling protects the citizen mandate and acts as a call to national authorities to effectively implement the results of the consultation, thus updating public policies related to environmental assessments and mining concessions...