Three years later, the same regulatory body stated in its follow-up report that the court order to suspend mining activities inside the Tajo la Puente which advances towards the area of ​​​​the natural channel of the Bruno stream is not not respected.

Through judgment SU-698, the Constitutional Court protected the fundamental rights to water, food security and health of the indigenous communities of La Horqueta, La Gran Parada and Paradero of the Wayuu ethnic group, faced with the threat of violation caused by the partial river bed diversion project Bruno Brook from Cerrejón Coals.

However, in February 2023, the Comptroller General of the Nation published a new report in which it warns of the inefficiency in the management of the Ministry of the Environment, the National Environmental Licensing Authority -ANLA-, Corpoguajira and the National Mining Agency, in accordance with the orders of the sentence in favor of the rights of the Wayuu people in the face of the threat of destruction Bruno Creek.

The Collective of lawyers José Alvear Restrepo (Cajar), which denounces the environmental impacts and the risks for the ethnic communities due to the diversion of the Bruno stream, underlined that the report of the controller highlighted a “stagnation in accordance with court decisions and even a worsening of the living conditions of wayuu communities plaintiffs for non-satisfaction of the protected rights”.

In one of the seven findings, the the comptroller function He pointed out that he found weaknesses and gaps in the guarantees and mechanisms for community participation, “since it has not been effective, both for the complainants and for the technical responders, who have not been fully convened or were not listened to disregard the considerations they filed in the report of the eighth order and the fifth order”.

The society Cerrejón Coals She is being prosecuted for wanting to blast a section of the natural channel of Bruno Creek to expand coal mining. In 2020, the General Inspectorate filed, before the supervisory court, a compliance audit report on the environmental aspects related to the diversion of the Bruno stream.

Three years later, the same monitoring body stated in its follow-up report that the court order to suspend mining activities inside the Tajo la Puente which advances towards the area of ​​the natural channel of the river is not not respected. Bruno Creek.

On several occasions, the company Carbones del Cerrejón Limited stated that :

“Five years after the start of the new canal modification project, it has become a 24 kilometer biodiversity corridor that connects the Montes de Oca Forest Reserve and the Ranchería River. In addition to maintaining its water flow and sheltering hundreds of species, it has allowed the growth of more than 12,000 trees, 2,000 of which have grown naturally”.

At this point, the General Controller pointed out that “there is no evidence or certainty that the artificial channel, on its own, guarantees the same ecosystem services, in addition to the dynamics and interactions with surface and groundwater, taking into account the function ecological that these fill associated with the importance, vulnerability and characteristics of the ecosystem of the dry tropical forest, in the basin of the Ranchería river.

Environmentalists have pointed out that The Guajira It is a territory very vulnerable to the climate crisis, with a recognized and acute humanitarian crisis due to water and food shortages, and therefore, the importance of bruno creekfresh water table which feeds the department.

Finally, in the report of the tax audit body, he warned against the work that has been done Cerrejón Coals on the territory, “as well as those it plans to carry out, taking into account the cumulative and residual impacts that all this produces. It does not address how the water not captured by the related areas destroyed, the aquifers and their discharges eliminated with the progress of the mining project will be compensated”.

For his part, for El Cajar, “what has been reported by the Comptroller General of the Republic supports what the communities have been denouncing for years. We continue to call for an end to abuses and violations in a territory where its people resist being condemned to the ethnocide and ecocide that extractivist exploitation has left behind.

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