Abstract

AREVALO-RAMIREZ, Walter  and  CUARTAS OCAMPO, Natalia. ERADICATION OF ILLICIT CROPS: BETWEEN OPERATIONAL NECESSITY, AERIAL SPRAYING, AND ITS LIMITS. Novum Jus [online]. 2022, vol.16, n.3, pp.283-313.  Epub Mar 04, 2023. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2022.16.3.11.

Through judgement T-236 de 2017 the Colombian Constitutional Court ordered not to resume the Program for the Eradication of Illicit Crops by Aerial Spraying of Glyphosate (Pecig) and subjected its continuation to two requirements, namely: (i) the implementation of prior and post consultation in cases of direct affectations to ethnic communities in the framework of the Pecig's implementation and (ii) the design of a decision-making process base on the precautionary principle. To date, the National Government has not designed a policy that complies with the requirements ordered by the Court; consequently, the Pecig remains suspended. This context has raised a debate on the possibility of making the Court's orders more flexible due to the operational need to eradicate illicit crops, as well as reframing the debate regarding eradication from the scope of the new government plan "Colombia: A Life World Power" (2022-2026) and its bedrock in human security, opening up the possibility of tackling the constant increase of illicit crops efficiently. Therefore, based on an analysis of the Constitutional Court's jurisprudence, this article proposes some recommendations on how the Colombian state should comply with its international obligations regarding eradicating of illicit crops from a perspective of respect for human rights and environmental protection.

Keywords : Program for the eradication of illicit crops by aerial spraying of glyphosate (Pecig); human rights; prior consultation; right to the environment; precautionary principle; Constitutional Court.

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