Cerrejón has signed new agreements with 11 Indigenous communities in Media Luna, in the Puerto Bolivar area of influence, a result of the consultation process done in accordance with Constitutional Court ruling T-704

In December 2016, the Constitutional Court of Colombia passed on an order on a tutela (mechanism to file an individual complaint for protection of human rights) presented by three communities of the Media Luna sector, who requested consultation processes for certain works to be done in the Port. The resulting ruling (T-704 of 2016) required Cerrejón to consult not only with the Wayuu Indigenous communities that filed the tutela regarding the aforementioned works, but with with all the ethnic communities within Cerrejón’s area of influence (around 400 for the mine, railroad and port), on potential compensation for possible environmental, social and cultural impacts that have occurred during more than 30 years of operation.

As a result, Cerrejón developed a plan to carry out the consultations. This has required forming a team, training, and allocating resources to carry out a consultation exercise of unprecedented magnitude in Colombia. The ruling stated that Cerrejón must comply with a mitigation plan for the communities and consult with them on any necessary mitigation and compensations. The consultation processes have been developed in accordance with national regulations, with the participation of national and local entities who ensure that the process is carried out properly.

Following the suspension of consultations to comply with national lockdown measures to prevent the spread of COVID-19, these agreements with 11 indigenous communities are the first to be reached in 2022, after having signed 198 during 2021.

"The three communities that initiated the tutela have become part of these recently signed agreements. We hope that these developments strengthen the relationship of Cerrejón and the Indigenous communities, based on respect for Wayuu traditions and customs. In line with this commitment, Cerrejón and the indigenous communities agreed that the Indigenous communities would manage the projects identified in the interim agreements ".

“My name is Ramón Uriana, Traditional Authority of Jararalu from Media and I am very pleased with Cerrejón for being able to close the agreement from ruling 704-2016. This is for my family. Thank you very much” said Ramón Uriana, Traditional Authority of the Jararalu community in Media Luna.

Signing of the agreement took place during a working session that was attended by local and national authorities, and which will lead to implementation of projects aligned with measures that were independently proposed by representatives from the communities.

The measures agreed on include compensations, such as construction of a water storage structure and implementation of a comprehensive production project, and attention to impacts; with measures that include corrective and preventive actions in water management programs, such as domestic and industrial wastewater treatment and drainage systems, mitigation and monitoring of atmospheric emissions and impacts on the landscape, reforms to programs dealing with Community Participation, Information and Communication, and the Participatory Engagement Protocol, as well as training and other measures to reduce the risk of accidents.

“We continue to make progress in complying with what is ordered by Colombian law and in implementing new, closer engagement, based on trust, which will help to build more sustainable communities looking toward the future and ensure the stability of the company's operation. We will continue to work on moving forward with consultations with the other communities in the area of direct influence to complete everything requested in the T-704 ruling,” confirmed Luis Eduardo Marulanda, Vice President of Public Affairs and Communications at Cerrejón.