Proceedings: The case was initiated in December 2015 when representatives of the Wayúu communities filed a tutela (legal protection claim) to halt the Bruno River Diversion Project due to its adverse impacts on their lives and environment. 

Main Claims: The plaintiffs argued that the diversion of the Bruno River threatened the local ecosystem, affecting water quality and availability, which in turn impacted the agricultural activities and overall health of the indigenous Wayúu communities relying on these resources. The plaintiffs, therefore, claimed that the project violated their fundamental rights to water, health, and food security, that the environmental impact assessments conducted were inadequate, and that there was a failure to properly consult the indigenous communities, as required by ILO Convention 169, which mandates informed and prior consent from indigenous peoples prior to the project’s approval. 

Sentence: On 28 November 2017, the Constitutional Court ruled in favour of the Wayúu communities, recognizing that the project posed a significant threat to their fundamental rights. The key orders included: 

1. Suspension of Project activities related to the diversion of the Bruno River until further comprehensive environmental and social impact studies and proper consultations were conducted. 

1. Creation of an Inter-Institutional Workgroup consisting of governmental, non-governmental, and civil society representatives. This group was tasked with: 

• Ensuring meaningful participation of all stakeholders, including the affected communities. 

• Conducting thorough environmental and social impact assessments to address the identified uncertainties and assess the viability of the project. 

• Developing a detailed schedule for these assessments and assigning specific responsibilities to ensure timely and effective execution. 

1. Assurance that any future development projects were sustainable and respectful of the fundamental rights of the Wayúu communities. 

Further developments: In September 2023, the Colombian Constitutional Court convened a technical session to verify compliance with the orders issued in November 2017, which protected the rights of Wayúu communities affected by the Bruno River diversion. The purpose of the technical session was to assess the progress and resolve disagreements on the compliance with the court’s orders regarding community participation, environmental studies, and mitigation measures. 

Despite the court ruling, as confirmed by the Contraloría General de la República de Colombia (Controller General of Colombia), neither the government agencies nor the company complied with the court orders. The company accelerated its work and diverted the river, nevertheless, undermining the environment and the rights of the local communities.