Colombia's Herbicide Spraying in the Crucible Between Indigenous
9-7 SOLANO.DOCX (DO NOT DELETE) 10/16/2014 12:01 AM COLOMBIA’S HERBICIDE SPRAYING IN THE CRUCIBLE BETWEEN INDIGENOUS RIGHTS, ENVIRONMENTAL LAW AND STATE SECURITY PAOLA SOLANO* Introduction For many years Colombia has struggled with eradicating illicit narcotic crops.1 Spraying coca and poppy crops aerially with chemical herbicides has been one of Colombia’s strategies. However, this practice has resulted in serious violations of human and environmental rights.2 Because the herbicides were aerially sprayed at locations near, at and across the border with Ecuador, it has caused transboundary damage not only to people, animals and crops but also to bordering Ecuador’s natural environment.3 It has also caused damage to the Colombian environment, population, and Indigenous groups.4 In 2008, Ecuador submitted an application instituting proceedings to the International Court of Justice (ICJ) against Colombia for international wrongful acts and compensation for its losses.5 Although, on September 13 of 2013, Ecuador removed the case from the ICJ, after reaching an Agreement with Colombia that * J.D. and M.B.A, May 2014, St. Thomas University School of Law, Miami, Florida; University of Miami, B.B.A in Entrepreneurship and Minor in Public Relations, December 2008. 1 Robert Esposito, The ICJ and the Future of Transboundary Harm Disputes: A Preliminary Analysis of the Case Concerning Aerial Herbicide Spraying (Ecuador v. Colombia), 2 PACE INT’L L. REV. 1, 4 (Aug. 2010). 2 Aerial Herbicide Spraying (Ecuador v. Colom.), Pleading, 2008 I.C.J. 2, ¶ 37-38 (Mar. 31), available at http://www.icj-cjj.org/docket/-filed/138/14474.pdf [hereinafter Aerial Herbicide Spraying Application].
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