colombia

Inspired by the 21 youth plaintiffs in Juliana v. United States, a group of 25 youth and a supporting non-profit organization called Dejusticia sued the Colombian government for allowing the deforestation of the Amazon rainforest, which contributes to climate change, in violation of their fundamental, constitutional rights. The lawsuit was filed as a tutela, a legal mechanism under the Colombian Constitution that allows for an expedited hearing of cases alleging violations of fundamental rights. The tutela presents evidence that deforestation in Colombia results in not only one of Colombia’s largest sources of greenhouse gas emissions but also severely impacts the land, soil, water, biodiversity and livelihood of local ecosystems and communities. On March 16, 2018, Dr. James Hansen, one of the scientific experts in Juliana, submitted an amicus curiae brief regarding the relevant science. The young plaintiffs also consulted with Our Children’s Trust as they considered their appellate options during the tutela process.

On April 5, 2018, the Supreme Court of Justice of Colombia ruled in favor of the youth, agreeing that deforestation in the Amazon and increasing temperatures violated the youth’s constitutional rights to a healthy environment, life, health, food and water. The court also declared that the Colombian Amazon Forest has legal personhood, that the Colombian government has a duty to protect it, and that the Colombian government had not done enough to prevent deforestation and rising greenhouse gas emissions. The court ordered the Colombian government and its agencies to create and implement plans to halt deforestation; update and orient existing land management plans to address climate change mitigation and adaptation; and develop an “intergenerational pact for the life of the Colombian Amazon” in collaboration with the plaintiffs, affected communities, and research and scientific organizations.

While the claims and remedies in this case are distinct from those in Juliana, the two cases are similar in that they both challenge the government’s systemic conduct which causes climate change in violation of youth’s fundamental rights.