The Guajira province in Colombia has a very rich, unique cultural and environmental ecosystem. It is home to the Wayuu people, as well as black and farming communities...

Despite this, this area has been the site of the largest open pit coal mine in Latin America for the last forty years. Today, the mine is run by Carbones del Cerrejón, which is owned by multinationals Glencore, BHP and Anglo American.

After several decades of unfettered expansion, the mega mine has dried up, diverted, and polluted several water sources and aquifers. This has impacted the water and hydrogeological systems and worsened the water and climate crises that were already affecting the area. This has resulted in systematic discrimination and human rights violations as well as major damage to the ecosystem (some of which is permanent and irreparable).

Notwithstanding, the owners plan on expanding the project even more; and part of its development plan calls for opening new quarries. Corporate interests led to the diversion of the Bruno stream, a tributary of the Ranchería river; and one of the most significant water sources in the area. The Colombian government approved the project without analyzing its environmental and social impact. Furthermore, it did not take into account the stream’s spiritual and cultural importance for the Wayuu people.

Faced with this situation, local communities have turned to judicial bodies for help in protecting their rights. In 2019, Colombia’s Constitutional Court recognised a threat to the communities’ water, health and food rights. The ruling ordered the government and mining company to carry out another viability study...But the ruling has not been respected and the Bruno river continues to flow on the altered course, and runs the risk of being used for mining activities. In addition, the multinationals filed a request for a reversal of judgement against the Colombian government, in an attempt to apply pressure to get approval for their plan to use the stream...

A request for precautionary measures will be filed with Inter-American Commission on Human Rights (IACHR) to make sure the Guajira communities’ rights are protected from the threat of irreversible damage as a consequence of the diversion of the Bruno stream and its potential use. It will include a request for compliance with all legal guarantees stemming from the court’s judgement. The action aims to force the Inter-American human rights system to deal with the major threat of irreparable damage that comes from the mega mining project; and the challenge that victims face in getting access to justice for the abuses and violations committed by multinational corporations.