Environmental democratization and water justice in extractive frontiers of Colombia

Abstract

Mechanisms of democratic participation have been activated in Colombia since 2006 for the purpose of protecting water sources, hydrosocial territories and peasant livelihoods. A chronological perspective on the numerous and varied cases illustrates their cumulative, transformative effect on judicial decisions taken by the high courts, which have endorsed these mechanisms of direct democracy and expanded the scope of democratization to socioenvironmental issues. The process of environmental democratization in Colombia has been gradual, starting with the creation of opportunities for citizen participation in the Constitution of 1991; followed in the first decade of this century by the activation of the mechanisms of democratic participation created; and culminating with the watershed Constitutional Court ruling T-445 of 2016, which confirmed the right of municipalities to consult with their citizens about mining and oil extraction in their territories. The cases are analyzed here through the lens of democratization and transformative and judicialized politics. The paper argues that the reconfiguration of power through the use and contestation of participatory mechanisms reveals an ambiguous state-formation process characterized by repressed democratization. It also demonstrates that the process of environmental democratization that started with the activation of the democratic participation mechanisms introduced in the Constitution of 1991 has been one of transformative democratic politics, in which a dynamic array of political actors have consolidated democratic participation on environmental issues through constitutional lobbying and activism.