Holding Corporations Liable for Breaches of Indigenous Peoples’ Right to a Healthy Environment in Colombia: Chimera or Reality?

Abstract

The article examines whether corporations can be held liable for breaches of Indigenous peoples’ right to a healthy environment in Colombia. After exposing the scope of the right in the international, regional and Colombian legal orders, it tackles Colombia’s obligation to protect it against infringements committed by third parties, and to provide judicial remedies in the event of breaches. Then, it discusses how the absence of a binding international and national legal frameworks imposing obligations on corporations in environmental matters affect available judicial remedies for Indigenous peoples. It argues that the Colombian Constitutional Court and the Special Jurisdiction for Peace have attempted to fill the void left by the legislator. Whilst the first has acknowledged the existence of obligations on corporations in environmental matters, the second has recognized Indigenous territories as subjects of rights in order to further protect Indigenous rights and overall environment. It concludes by a few recommendations.