Amicus Curiae on Decree 1500: the La Linea Negra

After years of consultation by the four Indigenous Peoples of the Sierra Nevada de Santa Marta: Kogui, Arhuaco, Kankuamo and Wiwa with the Colombian State, in 2018 a Presidential Decree 1500 was issued recognising the Linea Negra. Decree 1500 redefines the ancestral territory of these four Indigenous Peoples, recognising the interconnected sacred spaces along the Linea Negra, as ancestral territory that has to be protected due to its spiritual, cultural and environmental importance as presented in the Law of Origin (Ley de Origin), its foundations and principles. As well as the additional features dictated in Lay 21 of 1991 and other relevant legislation.

Nevertheless just a few days after the passing of this Decree someone lodged a law suit before the Superior Administrative Court of Colombia (Consejo de Estado) requesting that Decree 1500 be nullified, this contained a cautionary measure (medida cautelar) that suspended the judicial effects of Decree 1500. July 2020, ABColombia submitted an Amicus Brief outlining how International law and norms supports Decree 1500.