Colombia’s top administrative court has struck down a controversial program authorizing coca fumigation in national parks. While authorities say fumigation in protected areas was rare anyway, the ruling comes amid growing skepticism about aerial spraying and could hasten its demise.
On March 31, the Colombian Council of State announced that it had decided that spraying in national reserves contributed to a loss of natural vegetation and irreparable damage to the environment. The main target of the ruling was glyphosate, the pesticide most frequently used for coca eradication. Citing inconclusive evidence about the health and environmental safety of glyphosate, the tribunal found that spraying in protected areas could not be justified under the precautionary principle of policymaking.
In response to the decision, Colombian drug control officials downplayed its significance. Ricardo Restrepo, head of the country’s anti-narcotics police, told the AP that his office “had never” sprayed in natural reserves, pointing to two parks where they have refrained from acting.
Nevertheless, the decision appears to be part of a trend, as more officials in the country turn against the practice. In October, the Colombian government agreed to pay $15 million to Ecuador to compensate for health problems caused to Ecuadorean farmers by glyphosate spraying along the border as part of an aerial coca eradication campaign. The agreement sparked controversy in Colombia, where the government was accused of holding the Ecuadorean border region to higher standards than the rest of the country.
In a visit to Washington last month, Colombian Justice Minister Alfonso Gómez Méndez asked his U.S. counterparts to reconsider allocating funds for coca eradication, proposing that they be used instead to address “the causes of illicit cultivation.”
As Just the Facts’ Adam Isaacson has noted, however, the government is not unified on the issue. Officials in the National Police and Defense Ministry have stepped up praise for U.S.-supported fumigation programs, in direct response to the government’s signaled openness towards cutting them.
While the Council of State ruling only applied to spraying in certain protected areas, it is still a significant blow to the arguments in favor of fumigation. As Rodrigo Uprimny of the Bogota-based Dejusticia research center argued in a Saturday column for El Espectador, the same argument used by the court applies to spraying in general. He writes:
In this judgment, the Council of State cancels a resolution authorizing spraying in national parks, for violating [precautionary principle, or] PP. One might think, then, that the sentence only impacts spraying in those areas. But this is not the case. For procedural reasons, the council could only invalidate that resolution, because it was the norm in question; however, its doctrine on the PP is broader and attacks the legal grounds for spraying, as the damage to human health and fragile, rich ecosystems do not occur in national parks alone.
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