ABColombia

Month: July 2025

  • T- 622 – Atrato River and Illegal Gold Mining

    T- 622 – Atrato River and Illegal Gold Mining

    River Atrato in Choco

    Rights of the River Atrato in Choco, Awarded by the Constitutional Court.

    The Atrato River in the Chocó Biogeographic region is one of 25 global priority areas (hotspots) for biodiversity conservation. In 2016, the Colombian Constitutional Court issued ruling T-622, declaring the Atrato River a subject of rights, and issued orders aimed at protecting its ecosystems and the fundamental rights of the communities living along its banks. The Atrato river and its tributaries are the main resource for the local population – as a means of transport, for fishing, for bathing, washing clothes, employment, and enjoyment.

    Chocó’s richness in mineral resources and its remoteness has advantages for the climate. The downside is the violence perpetrated by illegal armed and criminal organisations, as they fight for control over illicit economies and territory. Illegal gold mining is severely damaging people’s lives, ripping apart the social fabric, exploiting women and children, undermining governance, and driving local corruption. Furthermore, the use of toxic substances such as mercury and cyanide to separate out the gold, which is then washed into the river, causes contamination of the water and the fish as well as health problems. This combined with the lack of state presence and services has generated a humanitarian crisis for Choco. This crisis has been further exacerbated by the realities of the armed conflict.

    The Constitutional Court in the T-622 decision issued a series of orders, firstly, to the Environment Ministry to develop an Environmental Action Plan; secondly, to the Ministry of Defence, to dismantle the illegal gold mining and thirdly to address to undertake a health study to examine the levels of toxicity in the blood of the local communities as a result of the mercury contamination and devise a plan to address these (a summary of the orders can be found here)

    At the same time the Court created a legal entity known today as the Guardians of the Atrato River (which includes the Colombian Minister of the Environment and 14 community representatives from the Afro-Colombian and Indigenous Communities living along the banks of the River Atrato. The Constitutional Court created this body to oversee the implementation of the T-622 Court decision). The Guardians are supported in this work by the NGO Siembra

    Nine years after this historic decision the Guardians have achieved some important successes. The Government has an Environmental Action Plan with funding allocated for its implementation. This success was due to the tireless work of the Guardians. Their insistence, participation, consultation and incorporation of the proposals made by them in the Environmental Action Plan was a major achievement. The key now is the implementation. It is essential that the Guardians remain at the heart of the decision making in respect to the implementation of the Environmental Action Plan. In addition to this a Health Study was ordered by the Government.

    Colombian Defence Ministry

    Unlike the Environmental Action Plan, which was drawn up in consultation with the indigenous and Afro-Colombian Communities and their representatives, the Guardians of the Atrato River, the Ministry of Defence’s Action Plan to dismantle illegal gold mining, was adopted without consultation. In fact, since the Court ruling in 2016, illegal gold mining backed by armed groups has expanded 47 km along the tributaries of the Atrato River, moving ever closer to Quibdó, demonstrating the Action Plan’s ineffectiveness.

    Many of the problems that gave rise to the ruling in relation to illegal gold mining are still present, seriously affecting the ecosystem’s integrity of the watershed, as well as the lives of the communities that live along the Atrato River. Record-high international prices for gold, over the last five years, have spurred a rush in Chocó’s southern mining regions. Unlike other illegal economies, illegal gold mining happens in plain sight, about 15 minutes by boat from Quibdó, the departmental capital of Chocó.

    The Guardians of the Atrato (Guardians) and others have been calling for a revision of the Action Plan to combat illegal gold mining, highlighting that a purely military plan will not effectively address the situation. Rather, the plan should be revised and expanded to adopt, a cross departmental Action Plan that incorporates the Unit of Financial Information and Analysis (UIAF) [1], located in the Ministry of Finance, to track the financial flows of illegal gold mining; the Public Prosecutors Office; and the DIAN (it records sales of gold). The Financial Analysis Unit is responsible for gold regulation and gold financial flows – cross departmental collaboration needs to be initiated from the Presidential Office and led by the Ministry of Defence. As the Court ordered, the Ministry of Defence to design the Action Plan to end illegal gold mining in the River Atrato.

    It is essential that the Ministry of Defence consults with the Guardians of the Atrato River and the NGO Siembra and together with them and the Unit of Financial Information and Analysis, the DIAN, and the Public Prosecutors office, plan and execute a reformulated plan. This is the moment to address this as there are plans by the Defence Ministry to improve the Action Plan. International offers of help on the side of financial flows are essential as these are transnational.There is a responsibility by the UK and Europe, as this is where the gold is traded.

    Illegal gold extraction by armed groups in Choco is estimated at U$300 million annually. Money obtained from selling the gold, strengthens the illegal armed groups, exacerbates the conflict, destroys important ecosystems in Chocó (and other areas with the same pattern, like the Amazon), it funds corruption of local authority personnel as well as the Security Forces locally, and makes it harder to build peace in these regions. Furthermore, illegal gold is used to launder drugs money and buy arms.

    Colombia needs a national approach and regional cooperation when addressing illegal gold mining. This is because similar patterns in illegal gold mining are repeated across the Andean Region and in Brazil – violence, environmental destruction, human rights violations, corruption of local authorities, illicit gold flows into Europe, and the laundering of drugs money. To tackle this situation requires the identification and analysis of transnational financial flows, changes in policy in relation to the registration and sale of gold in Colombia, and policy changes to tightening of European gold regulations and supply chain.

    Destruction of the River Atrato by illegal gold mining
    • Ministry of Health – health strategy needed for dealing with health impacts of mercury in Choco

    Exposure to mercury, even in small amounts, can cause serious health issues. In Chocó, mercury levels are not regularly monitored. The 2018 National Water Study[ii] estimated that there were 183 metric tons of mercury dumped into Colombia’s waterways. According to the United Nations Office on Drugs and Crime (UNODC)[iii],  between 2017 and 2022, 37.9 tons of gold were officially recorded in Chocó (the total is likely much higher). For each gram of gold produced, approximately between 7 to 30 grams of mercury is used, meaning that nearly 265 tons of mercury were used only for the gold reported in the last five years. 

    The State commissioned a toxic study by the Cordoba University, completed in 2018, but the results have not been released. The reason for this is that the Colombian Government considers that the Health Study presented is not robust enough, but the University maintains that it has been done properly. There is therefore an impasse. For the people of Chocó it is essential to initiate a health strategy and to begin to address health issues related to high levels of heavy metals in the blood. At one time the Government talked about sending in Health Brigades specially trained in heavy metal toxicity, but this has not happened.  A way forward would be to initiate a long-term health study, as the considerable increase in the last five years of the illicit gold mining means that the 2018 study is outdated. And at the same time initiate the implementation of a short-term health plan for those identified by the 2018 study as having absorbed mercury, and labelling the areas identified as highly contaminated. The idea of Health Brigades is also an important interim measure.

    Recommendations to the UK Government and the Republic of Ireland

    • to support the implementation of the T-622 Constitutional Court decision to end illegal gold mining in the Atrato River; and to offer expert help and resources to track financial flows;
    • to highlight to the Colombian Government the importance of coordination across the departments of the Ministry of Defence, the Unit of Financial Information and Analysis, the DIAN, and the Public Prosecutor’s office in the planning and execution of a reformulated plan;
    • To raise with the Colombian Government the need to implement a Heath Strategy, in line with the T-622 decision for those who have absorbed the mercury;
    • To fund the work of the River Guardians as part of their efforts to address climate change and preserve biodiversity.

    [1] The Unit of Financial Information and Analysis (UIAF) is responsible for receiving, analysing, and disseminating information on suspicious financial transactions to relevant authorities. The UIAF operates under the Ministry of Finance and Public Credit and is a key player in Colombia’s efforts to strengthen its anti-money laundering and counter-terrorism financing framework. 

    [ii] Estudio Nacional del Agua 2018 https://tinyurl.com/yrxakud7

    [iii] UNODC, Colombia explotación de oro de aluvión EVOA 2022

  • Monsignor Hector Fabio Henao’s Visit to London Highlights Colombia’s Humanitarian Crisis and what the UK government can do to continue supporting efforts for sustainable peace

    Monsignor Hector Fabio Henao’s Visit to London Highlights Colombia’s Humanitarian Crisis and what the UK government can do to continue supporting efforts for sustainable peace

    On 7 and 8 July, ABColombia had the pleasure of welcoming Monsignor Hector Fabio Henao to London for a series of meetings with parliamentarians, government officials, and think tank representatives. The visit aimed to shed light on the current humanitarian crisis in Colombia and offer practical recommendations for how UK authorities and civil society can further support peace building efforts.

    Monsignor Hector Fabio Henao is widely recognised as one of the most respected voices of the Catholic Church on peace issues in Colombia. As the delegate for Church-State relations for the Colombian Bishops’ Conference, he has played a significant role in supporting various peace negotiations over the years. In his own words, one of the Church’s primary responsibilities is to “establish bridges between the parties involved in the conflict.”  He has had considerable experience, with many different and varied peace processes in Colombia over the years and therefore has clear insights into the complex and multi-layered dynamics of Colombia’s internal armed conflict.

    During his visit, Monsignor Henao spoke at a Parliamentary event on 8 July 2025, organised by ABColombia and the All-Party Parliamentary Human Rights Group, to discuss the Peace Process and the likely impacts of pending presidential elections in May 2026. The event was chaired by Brendan O’Hara MP. Catherine O’Neill, Deputy Head of the Americas and Head of Latin America at the FCDO, spoke at the event alongside Monsignor Hector Fabio Henao and Louise Winstanley, the Programme and Advocacy Manager at ABColombia. Monsignor Henao described the humanitarian situation in Colombia as critical, highlighting the events in Catatumbo, Norte de Santander, in January. According to OCHA, at least 91,879 people have been affected by the escalation of clashes between non-state armed groups and acts of violence against the civilian population. This situation has led to the mass displacement of at least 56,091 people, constituting one of the largest humanitarian crises due to displacement in recent years.

    Monsignor Hector Fabio pointed out that there are nine armed groups engaged in dialogue with the Colombian Government. The nature of the conflict has also changed, in addition to the fragmentation, the illegal armed groups are not engaged in a conflict with the army but with one another for control of territory, trafficking routes, and illicit economies such as drug trafficking and illegal gold mining. This has left communities highly vulnerable and trapped in ongoing cycles of violence.

    He also expressed concern over potential political violence in the lead-up to Colombia’s presidential elections in May 2026. He cited the recent attempted assassination of presidential candidate Senator Miguel Uribe, who remains in critical condition after sustaining two gunshot wounds to the head. The attack was carried out by a 15-year-old, highlighting the growing vulnerability of children and young people to forced recruitment by armed groups. Monsignor Henao stressed the importance of political actors avoiding incendiary rhetoric that could incite violence and urged a focus on policy-based electoral debate.[1] Most importantly, he called for renewed commitment to the full implementation of the 2016 Peace Accord by all political actors.

    The 2016 Peace Accord remains a milestone worth celebrating. While many peace agreements fail within five years, Colombia’s has lasted for eight years and is still going strong—an achievement in itself. However, implementation remains limited. For peace to be sustainable, Monsignor Henao emphasised the need to focus on the structural issues addressed in the agreement, particularly land reform and the substitution of illicit crops.[2] He also underscored the importance of placing victims at the centre of the peace process, recognising their rights and restoring their dignity. Continued support for the Transitional Justice System is essential, as is the strengthening of local and regional participation mechanisms—such as the Peace and Reconciliation Councils, established under the Accord. These bodies serve as key platforms for citizen engagement, advising local authorities on peace building initiatives at the regional and community levels.

    So, what can the UK government do to support sustainable peace in Colombia? Monsignor Henao’s message was clear: the UK has played a crucial role in Colombia’s peace efforts, particularly through its role as the UN Security Council Penholder on Colombia. As Brendan O’Hara MP highlighted, it is vital that the UK continues its support, especially by backing the renewal of the mandate of the UN Verification Mission in Colombia this October—an essential element in the country’s ongoing peace process.

    Louise Winstanley highlighted the need for UK funding to reach grassroots communities for peacebuilding initiatives, emphasizing that despite cuts to the International Aid budget, it was important to safeguard these grants. For peace to be sustainable, it has to be built from the grassroots—by communities that understand what is needed and are committed to ensuring its sustainability. In addition to tackling the transnational criminal networks engaged in drug trafficking and illicit gold mining—both of which are driving violence in rural areas, environmental degradation, and corruption at the local level—it is essential to track the financial flows of these illicit economies in order to identify those who are making the real money from these crimes.

    In response, Catherine O’Neill stressed the continued support of the UK government to peace efforts through multilateral and bilateral means – engaging with several actors, including civil society. Importantly, she stressed its commitment to working with the UN Security Council in the renewal of the Verification Mission’s mandate.  She also said that her department are focussed on safeguarding money to support Colombia’s peace building efforts and noted the points raised on the impacts of transnational crime and the need to follow the financial flows.

    [1] https://elcatolicismo.com.co/iglesia-hoy/colombia/petro-e-iglesia-se-citaron-en-bogota-para-buscar-salidas-tension-institucional

    [2] Colombia’s plan to implement a Rapid Response Plan, committed to accelerate implementation and deliver real change in PDET areas – rural territories most affected by the conflict – is one that if implemented in an integral manner will enable the poorest in the most conflicted areas in Colombia to move away from illicit economies, gain access to land, to housing, and to basic services, thus helping to tackle the root causes of the conflict. See: https://www.abcolombia.org.uk/uk-urge-colombia-to-fully-implement-the-2016-peace-accord/

  • Under Threat: Human Rights Defenders in Colombia Face Ongoing Violence and Criminalisation

    Under Threat: Human Rights Defenders in Colombia Face Ongoing Violence and Criminalisation

    Human rights defenders in Colombia play an essential role in the pursuit of peace and the promotion and protection of human rights. But their work places them at severe risk. Threats, attacks, acts of intimidation and killings are common, making Colombia one of the most dangerous countries in the world for human rights work. This is especially so for local community leaders, Indigenous and Afro-Colombian leaders, campesinos and environmental defenders, who defend their territories and the local environment they depend on against powerful economic interests, especially in conflict affected areas, with a strong presence of illegal economies and weak institutions.

    According to Somos Defensores, 157 human rights defenders were killed in 2024, with 727 acts of aggression recorded. So far in 2025, Indepaz has documented 73 killings. Although the figures suggest a slight decline compared to previous years, the overall situation for defenders has not improved in real terms.[i] More than 1,000 leaders have been killed since the signing of the 2016 Peace Accord.

    The worst regions affected were Cauca, Valle del Cauca, Nariño, Norte de Santander and Antioquia.[1] These regions share similar characteristics that reflect a contextual pattern. As illegal armed groups fight over control of territories and illicit economies, community leaders face increased risks and are in danger of forced displacement and assassination. These attacks are designed to instil fear in the communities, and exert social control.

    Fluctuations in the number of recorded attacks appear directly linked to the level of territorial violence at any given time. For example, during temporary ceasefires, —such as those in Caquetá, Catatumbo, and Magdalena Medio, involving the FARC dissident group Estado Mayor Central—killings of social leaders declined noticeably. Yet once these ceasefires end, the level of risks against defenders rises again. This cyclical pattern underscores the persistence of underlying structural issues that enable an unsafe and permissive environment for human rights defenders, including high levels of impunity and weak local governance.

    Another common tactic used to silence human rights defenders and community leaders is the misuse of the legal justice system to criminalise them and stop them from speaking out.  Criminal proceedings can start due to formal allegations from businesses, who see local community leaders as troublemakers and barriers that can hinder their business operations. Criminalisation is also used to further stigmatise leaders by suggesting their interest go against the development and progress of a region and the interest of the State, often labelling them as criminals. This also makes them vulnerable to further threats.

    Such is the case of the “The 11 of Jerico” who face charges as a result of events that took place in protests held in 2022 and 2023 against the Quebradona mining project, owned by the British registered mining company AngloGold Ashanti. Community leaders are protesting against plans to extract gold, copper and silver in the region of Jericó, Antioquia department fearing that the project would cause environmental damage, particularly to vital water sources in protected zones.

    On 16 June, a judge ruled against the Prosecutor’s Office which had petitioned house arrest for the 11 accused, while the trial continues. The judge declared that the 11 need not spend their preventative sentence in prison or house arrest, following alerts from civil society groups, and the Colombian Ombudsman’s Office and the UN Office in Colombia, who stressed the need to follow due process and the importance of understanding the case within the broader context of decades-long environmental degradation in the region.

    Although Colombia has a solid protection framework on paper, implementation remains lacking due to insufficient political will and inadequate resources. For example, Colombia established the Dialogue Guarantees Table (Mesa Nacional de Garantías) in 2009, as a space for dialogue and coordination between civil society, public security forces and the government to address the causes and identify preventative measures to reduce the threats against defenders. However, its ability to make real and effective changes has been limited, as decisions are not binding, and it lacks a monitoring instrument. Regional mechanisms are weaker and depend largely on who is in charge, and how much political will they have to engage in these spaces.

    Another significant problem is the failure to understand what protection really means at the grassroots level. For years, local communities have highlighted that the government’s traditional, individualistic, reactive and urban focused approach to protection mechanisms is inadequate, as it lacks consideration of the local realities and the different complexities between territories. For example, in regions of high temperatures, bulletproof vests are not only impractical but culturally inappropriate. Instead, leaders have stressed the need for a more comprehensive set of collective measures, grounded in territorial autonomy and local knowledge, and that pays attention to strengthen local organisation capacity as well as addressing the root causes of violence.  

    In a promising development, the Ministry of Interior held a seminar in June, —attended by more than 1,300 human rights and civil society representatives—to explore strategies for ensuring a safe environment for defenders. The aim, promised since 2009, was to elaborate a Public Integral Policy of Guarantees for Human Rights Defenders Work (Política Pública Integral de Garantías para la Labor de Defensa de los Derechos Humanos), which will consider territorial differences and local contexts and address root causes, and to become a policy embedded in State practices. This is a good first step, but the challenge now lies in ensuring the development of a clear roadmap and the adoption of a National Decree.

    [1] Defensoria del Pueblo

    [i] Between 27 December 2024 and 3 March 2025, the Office of the UN High Commissioner for Human Rights recorded 40 allegations of killings of human rights defenders and leaders. A significant number of which were traditional authorities and indigenous guards in Cauca, Choco and Putumayo. INFOGRAPHIC ENG _ MAR25_final

  • Rights of the River Atrato in Choco

    Rights of the River Atrato in Choco

    9 July 2025

      The Atrato River in the Chocó Biogeographic region is one of 25 global priority areas (hotspots) for biodiversity conservation. In 2016, the Colombian Constitutional Court issued ruling T-622, declaring the Atrato River a subject of rights, and issued orders aimed at protecting its ecosystems and the fundamental rights of the communities living along its banks.

      Chocó’s richness in mineral resources and its remoteness has advantages for the climate. The downside is the violence perpetrated by illegal armed and criminal organisations, as they fight for control over illicit economies and territory.[i] Illegal gold mining is severely damaging people’s lives, ripping apart the social fabric, undermining governance, as well as driving the exploitation of women and children. Furthermore, the use of toxic substances such as mercury and cyanide to separate out the gold is then washed into the river, contaminating the water and the fish and causing health problems. The Atrato river and its tributaries are the main resource for the local population – as a means of transport, for fishing, for bathing, washing clothes, employment, and enjoyment. This combined with the lack of state presence and services has generated a humanitarian crisis. This crisis has been further exacerbated by the realities of the armed conflict.

      Nine years after this historic decision many of the problems that gave rise to the ruling are still present seriously affecting the ecosystemic integrity of the watershed, as well as the lives of the communities that live along the Atrato River. Record-high international prices for gold, over the last five years, have spurred a rush in Chocó’s southern mining regions. Unlike other illegal economies, illegal gold mining happens in plain sight, about 15 minutes by boat from Quibdó, the departmental capital of Chocó.

      The T-622 decision issued a series of orders, firstly, to the Environment Ministry to develop an Environmental Action Plan, this was done in consultation with the Guardians of the Atrato River (the community body appointed by the Constitutional Court to oversee the implementation of the T-622 Court decision) supported by Siembra, and, secondly, to the Ministry of Defence to end the illegal gold mining.

      Colombian Defence Ministry

      Unlike the Environmental Action Plan which is working, the current Action Plan to combat illegal gold mining, adopted without consultation with the Guardians of the Atrato River by the Defence Ministry, is not. In fact, since the Court ruling, illegal gold mining backed by armed groups has expanded 47 km along the tributaries of the Atrato River, moving ever closer to Quibdo, further demonstrating the Action Plan’s ineffectiveness. A revision of the Action Plan to combat illegal gold mining would be important. The Ministry of Defence should move away from a purely military plan. Rather ABColombia would recommend that they consult on, and adopt, a cross departmental Action Plan that incorporates, the Unit of Financial Information and Analysis (UIAF) located in the Ministry of Finance to track the financial flows of illegal mining; the Public Prosecutors Office; and the DIAN (it records sales of gold). Cross departmental collaboration must come from the Ministry of Defence as this is the Ministry before the Court that is responsible for the Action Plan to end illegal gold mining in the River Atrato.

      The legalisation of this illicit gold is mainly happening in Colombia. But the financial flows are transnational. Illegal gold extraction by armed groups in Choco is estimated at U$300 million annually. Money obtained from selling the gold, strengthens the illegal armed groups, exacerbates the conflict, destroys important ecosystems in Chocó (and other areas with the same pattern, like the Amazon), it funds corruption – of local authority personnel as well as the Security Forces locally, and makes it harder to build peace in these regions. Furthermore, illegal gold is used to launder drugs money and buy arms.

      There is an International responsibility to help Colombia to track the financial flows, – given that the gold is bought and sold in Europe. says Louise Winstanley, ABColombia Programme and Advocacy Manager

      Colombia needs a national approach and regional cooperation when addressing illegal gold mining. This is because similar patterns in illegal gold mining are repeated across the Andean Region and in Brazil – violence, environmental destruction, human rights violations, corruption of local authorities, illicit gold flows into Europe, and the laundering of drugs money. To tackle this situation requires the identification and analysis of transnational financial flows, changes in policy in relation to the registration and sale of gold in Colombia, and policy changes tightening European gold regulations and supply chains.

      • Ministry of Health – health strategy needed for dealing with health impacts of mercury in Choco

      Exposure to mercury, even in small amounts can cause serious health issues. In Chocó, mercury levels are not regularly monitored. The 2018 National Water Study[ii] estimated that there were 183 metric tons of mercury dumped into Colombia’s waterways. According to the United Nations Office on Drugs and Crime (UNODC)[iii],  between 2017 and 2022, 37.9 tons of gold were officially recorded in Chocó (the total is likely much higher). For each gram of gold produced, approximately between 7 to 30 grams of mercury is used, meaning that nearly 265 tons of mercury were used only for the gold reported in the last five years. 

      The State commissioned a toxic study by the Cordoba University this study was completed in 2018, but the results have not been released. The reason for this is that the Colombian Government considers the Health Study presented is not robust enough, but the University maintains that it has been done properly. There is therefore an impasse. For the people of Choco it is essential to initiate a health strategy and to begin to address health issues related to high levels of heavy metals in the blood. At one time the Government talked about sending in Health Brigades specially trained in heavy metal toxicity, but this has not happened.  A way forward would be to initiate a long-term health study, as the considerable increase in the last five years of the illicit gold mining means that the 2018 study is outdated. And at the same time initiate the implementation of ashort-term health plan for those identified by the 2018 study as having absorbed mercury, and labelling the areas identified as highly contaminated. The idea of Health Brigades is also an important interim measure.

      Recommendations

      • That the UK and Ireland support Colombia in tracking the financial flows in relation to gold
      • That the President of Colombia orders the Ministry of Defence to invite the collaboration of the the Unit of Financial Information and Analysis, the DIAN, and the Public Prosecutor’s office in its Action Plan to track illicit financial flow in relation to gold.
      • That the those responsible at the highest echelons of the Defence Ministry for the implementation of the T-622 ruling consult with the River Guards on updating the current Ministry of Defence Action Plan
      • That the Colombian Government implement a Heath Strategy, in line with the T-622 decision for those who have absorbed the mercury

      [i] These are the paramilitary successor group known as the Gaitanistas Self-Defence Forces of Colombia (Autodefensas Gaitanistas de Colombia – AGC) or Clan de Golfo, and the guerrilla group the National Liberation Army (Ejército de Liberación Nacional – ELN). 

      [ii] Estudio Nacional del Agua 2018 https://tinyurl.com/yrxakud7

      [iii] UNODC, Colombia explotación de oro de aluvión EVOA 2022