The ruling concerns the closure of coal mines operated by Prodeco, a subsidiary of Swiss-based Glencore, in Colombia’s Cesar region. For decades, coal mining in this area has caused severe environmental damage, led to involuntary resettlements, and left the regional economy heavily dependent on mining. Many farming communities in this region were forcibly displaced during Colombia’s armed conflict (at its peak between 1996 and 2006), and the mining company later acquired abandoned lands at low prices—an issue documented by Colombia’s Truth Commission. The Court’s decision is significant because it explicitly acknowledges these historical injustices and demands that they be addressed in the mine closure process.
This ruling reaffirms an earlier 2023 decision, which was not properly implemented by the government or the company. By reinforcing this ruling, the Court has reprimanded both parties for failing to act and emphasized the need for a transparent and inclusive process.
Profiting from violent land dispossession
PAX has collaborated with human rights and environmental groups to highlight the broader impacts of mining in Colombia. Together with the environmental law organization AIDA and the Swiss-Colombian Working Group ASK, PAX submitted expert input to the Court through an amicus curiae brief. The ruling references PAX’s findings, emphasizing that the company has failed to assess its role in human rights abuses, including benefiting from land dispossession linked to violence, making it even more critical that affected communities play a central role in shaping the mine closure process.
This decision sets an important legal precedent in Colombia. It is the first ruling to directly address corporate responsibilities when a mining company exits, reinforcing that closure plans must include social and human rights impacts alongside environmental concerns. Affected communities, especially displaced farmers, must have their voices heard to ensure that past harms are acknowledged and remedied.
Moving Forward: Dialogue and Accountability
PAX remains dedicated to ensuring that the Court’s ruling is fully implemented. We will continue to support communities in the Cesar region, advocating for their active participation in the mine closure process and working to ensure that Prodeco and the Colombian government are held accountable for the lasting impacts of mining operations. This includes facilitating meaningful dialogue between communities and the company, with a focus on addressing historical injustices and securing real redress.
Further reading: Interamerican Association for Environmental Defense
