Corporate courts in Colombia

How corporations attack democracy

Ten years ago Global Justice Now supported Colombian communities opposing the expansion of Latin America’s biggest coal mine – and eventually they won. But now Anglo American has turned to corporate courts, explains ALDO ORELLANA LÓPEZ.

In May and June this year, mining giants Anglo American and Glencore began two investorstate dispute settlement (ISDS) cases against Colombia. The cases relate to the Cerrejon coal mine, the largest open-pit coal mine in Latin America. The mine extracts 30 million tonnes of coal per year, most of it exported to Europe. Over many years community and civil society organisations have documented human rights violations from the mine. More than thirty communities have been displaced, and coal extraction has led to degradation of the soil, water, air and of course people's health.

Cerrejon has diverted nineteen rivers or streams for its expansion including the Arroyo Bruno – an important tributary of the Rio Rancheria – which was moved 700 metres to the north from its original course. The community brought a case against this to the constitutional court of Colombia, and in 2017 it ruled that several community rights had been violated in diverting the river without consultation, including the right to water, food sovereignty and health. Four years later the companies have still not returned the river to its original course.

Yet in the space of just a few days this summer, both companies brought ISDS cases against Colombia. They argued that the decision of the constitutional court negatively affected their investments and was in violation of Colombia’s investment treaties with Switzerland (for Glencore) and the UK (for Anglo American), which contain ISDS.

These cases represent an outrageous corporate attack on democracy. Communities in the region have struggled to seek accountability for the impacts of coal mining in their territories at the constitutional court, and the ruling is the result of that struggle. They've used the democratic institutions of Colombia. Yet by bringing these ISDS cases, Anglo American and Glencore are blackmailing the communities into dropping their fight.

These cases are also really important for the international climate movement. Colombian communities are fighting to prevent the expansion of coal extraction, but the ISDS case is preventing them from leaving coal in the ground. Across Latin America there are community struggles to block oil and coal exploration, and they are of course climate-related struggles. Supporting these movements is a vital part of the climate fight.

Aldo Orellana López is a Bolivian activist and journalist. This is part of a talk he gave to a webinar ‘Corporate courts: Communities fight back’ in September. Watch more at:

globaljustice.org.uk/18sep-webinar.

© Observatorio de Conflictos Mineros de América Latina

The Afro-Colombian community of the village of Tabaco, destroyed by the mine, demand the right to rebuild.