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Title:
Judgement No T-652-98
Party:
Colombia
Region:
Latin America and the Caribbean
Type of document:
National - higher court
Date of text:
November 10, 1998
Data source:
InforMEA
Court name:
Corte Constitucional
Seat of court:
Bogotá D. C.
Reference number:
T-168.594 y T-182.245
ECOLEX subject(s):
Land & soil
Abstract:

The Colombian Constitutional Court is asked to review the previous judgment of several superior Courts for the alleged violation of fundamental rights of the Embera-Katio people.

The applicants claim, first, judicial defence of fundamental rights, and secondly, achieve recognition and judicial declaration of claims of a minority group and its members. The Court in the judgment defines the rights of indigenous peoples on land ownership, identity, ethnic, cultural, social and economic integrity, health, access to natural resources, participation, among others.

Following the applicants argumentation, the Court, forces the Colombian Institute of Agrarian Reform and the Ministry of Interior to take the necessary measures to unify the reserves of the Embera-Katio. Condemns the Company "Urrá" to compensate the people "at least to the extent that guarantees their physical survival", which must achieve that traditional practices can be replaced by practices of production.