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Amicus Brief On Rights To Information And Public Participation In Colombia, Brooke Guven, Sam Szoke-Burke, Pedro Villegas Dec 2017

Amicus Brief On Rights To Information And Public Participation In Colombia, Brooke Guven, Sam Szoke-Burke, Pedro Villegas

Columbia Center on Sustainable Investment Staff Publications

CCSI submitted an amicus brief to the Constitutional Court of Colombia concerning the Tutela hearing of Mansarovar Energy Colombia Ltd. v. Tribunal Administrativo del Meta (The Consulta Popular of Cumaral, Meta). The hearing concerned a challenge by Mansarovar Energy Colombia Limited of a municipal-wide referendum (the Consulta Popular) concerning whether or not the extraction of hydrocarbons should be permitted in the municipality of Cumaral. The municipality voted 97% against allowing the extraction of hydrocarbons.

CCSI’s brief focused on the international human rights law dimensions of the case, given that Colombia’s Constitution renders the government’s international human rights law obligations …


Vulnerable Insiders: Constitutional Design, International Law And The Victims Of Armed Conflict In Colombia, David Landau Jul 2017

Vulnerable Insiders: Constitutional Design, International Law And The Victims Of Armed Conflict In Colombia, David Landau

Scholarly Publications

This article, prepared for a conference on “The External Dimensions of Constitutions” held at the University of Cambridge in September 2016, explains how the Colombian Constitutional Court constructed a set of rights for a group of vulnerable insiders—victims of the country’s long-running internal armed conflict. The Court based its jurisprudence on a 1991 constitutional design that turned towards international law as a way of resolving a severe domestic crisis of violence and legitimacy. The Court has drawn heavily on principles of international human rights law and international humanitarian law to develop a set of protections for Colombia’s massive population of …