Injustice and organisation in Anchicayá, Colombia: an environmental legal case in a hydropower watershed

Abstract

The paper looks at Colombia's first major environmental justice legal case involving a riparian Afro-Colombian community and the Pacific Energy Company (EPSA). Riverine Afro-Colombian communities gained political recognition as a culturally distinct group largely based on their conservation practices in riparian environments. The work contrasts the complexities of the case with the vulnerable reality of the people of Anchicayá who largely live in conditions of poverty, violence and political isolation. It also describes the institutions that frame watershed management, the ethnic rights to collective land and self-governance and the property rights of energy companies in the backdrop of decentralisation reforms that clarified different types of property rights and refounded Colombia as a multicultural nation. The legal suit, however, demonstrates that the government failed to offer equal protection to collective versus private cultural and socio-economic uses of land and water in order to protect energy investments. The Constitutional Court's jurisprudence ultimately privileged technical and legal know-how and overlooked the limits community intermediaries face offering similar evidence. By doing so, the court not only disregarded the constitutional rights of Afro-Colombians, but it also failed to mitigate a socio-environmental conflict.