Choco (Colombia) (AFP) – It was to be a global symbol of the protection of the rights of nature. Eight years after an unprecedented decision by the Colombian justice system granting it legal personality, the Atrato River in western Colombia remains the victim of illegal mining and armed groups.
In the absence of roads, its 750 kilometers in the heart of the jungle constitute the main artery, the lifeline of a historically marginalized region, Choco, with a majority Afro-Colombian population (87%) and the poorest of the country.
A few decades ago, the river was still a heavenly refuge from the relentless heat of the jungle. But today it is overflowing with mercury, used by gold prospectors to separate sediment from particles of the precious metal.
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The lack of will of the State, the “lack of interest in (the creation of) public policies” and corruption are some of the obstacles that have prevented moving from theory to practice, wants to believe Jorge Palacio, the magistrate who wrote the judgment delivered in 2016 by the Constitutional Court.
One of “guardians” of the river (designated as such by the decision of Judge Palacio) does not hide his sadness when he remembers the crystal clear waters in which he bathed as a child.
“Our parents left us (…) a transparent, diaphanous river. Today we have an obligation to do the same and I think we are failing”deplores to AFP Ramón Cartagena, 59 years old.
“Living entity”
In 2016, the Constitutional Court’s landmark ruling declared that the river, its basin and its tributaries were a “living entity” and a “subject of rights” to protection and conservation.
But Atrato is a textbook case: it shows that legal advances have little effect if they are not accompanied by effective public policies on the ground. An edifying story for the countries of the world who will negotiate at COP16, in October in Colombia, to realize their commitment to place 30% of the planet under environmental protection by 2030.
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The immense serpent of white water advances from south to north to the Caribbean Sea. For populations isolated from everything, the Atrato is food, transport, commerce, tradition and life.
The Court appointed 14 guardians to be its legal representatives. But Mr. Cartagena believes that the ruling has not changed much, if anything at all.
“Eight years later, we feel a bitter taste (…) illegal mining continues to expand every day ».
Guards denounce repeated death threats, in the most dangerous country for environmental defenders. “It is a river whose rights have been harmed and violated”summarizes Ligia Ortega, a 67-year-old environmentalist.
The source of the Atrato springs from a mountain at 3,900 meters above sea level, on the heights of the pretty town of Carmen de Atrato.
Its water is crystal clear and drinkable, but just a few kilometers downstream, it already reveals its pollution, and turns out to be a summary of the extremely serious problems that Colombia is experiencing: the plundering of resources, poverty, the absence of water. State and the war of armed groups, here the guerrillas of the Guevarist ELN and the Clan del Golfo, the largest drug cartel in the country.
“Snail’s Pace”
Implementation of the 2016 ruling is taking place at a “snail pace”denounces Mr. Cartagena.
Artisanal dredges, imposing DIY boats, suck up and turn over the river bed in search of gold. The thirst for the yellow metal thus mutilates the bed of the Rio Quito, one of the main tributaries of the Atrato.
“People are afraid to denounce, everyone is silent”deplores Bernardino Mosquera, 62 years old, guardian of this arm broken by immense sinkholes of brackish and contaminated water.
Studies show that mercury is harming the health of people living in these rivers. The dredges, by turning over the earthy bottoms, release “other toxic metallic elements, such as arsenic, lead and cadmium”explains José Marrugo, from the University of Cordoue.
Arnold Rincon, director of the local environmental authority, assures that the mercury level is ” lower “ to tolerated standards, but recognizes the absence of studies on fish. Nearly 34% of parts of the river “degraded by mining activity” could be recovered, says Mr. Rincon.
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In the market of Quibdó, capital of Chocó, sellers are complaining. “People are afraid to buy fish, because there is a lot of mercury and some people have been seriously affected”explains Narlin Córdoba, 46 years old.
“No progress”
According to the Office of the Colombian Ombudsman, “there is no evidence of any progress that would contribute to effective conservation” of the river zone.
Armed groups live off gold. Each dredger produces “more than 150 grams of gold per day”details General Wilson Martínez.
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In 2024 alone, the army destroyed 334 of these illegal devices in the Atrato.
The Atrato “is like an artery in the human body (…). Without him, we would not exist”observes Embera Claudia Rondán, 41 years old.
A few kilometers from the source, the Canadian mining company El Roble, which did not respond to AFP, legally mines copper, gold and silver with a contract which is in the process of being extended.
Activists question her activities, while recognizing that she has been the economic engine of the region since her arrival more than 30 years ago.
© AFP
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