
Written by: María Alejandra Bolivar and Sara Cortés
In recent years, Colombia has made significant efforts to recognize the rights of Indigenous Peoples and to protect their ecosystems and territories. Legal documents, such as the 1991 Constitution, the Ethnic Chapter of the 2016 Peace Agreement and the decisions of the Constitutional Court, affirm the autonomy of Indigenous Communities and their role as environmental protectors. Consequently, the State guarantees by law Indigenous and environmental rights. However, in reality, this legal framework lacks enforcement. Despite this legal protection, in Colombia leaders are persecuted and targeted for denouncing violations of their rights. This text focuses on the contradiction between law and practice, and it will be principally concerned with the Sierra Nevada de Santa Marta region, since it is home to indigenous groups such as Kankuamo, Wiwa, Arhuacos, and Kogui. These communities suffer not only environmental challenges such as climate change, but they are also victims of armed conflicts, facing threats and violence for defending their territories. With these risks faced by environmental and indigenous leaders, biodiversity is constantly at stake because of the prioritization of extractive interests and historical marginalization.
The Political Constitution of Colombia (1991) establishes in Article 7 that the State recognizes and protects ethnic and cultural diversity. At the same time, Article 79 settles the right to a healthy environment; thus, the law guarantees the participation of communities in the decisions that affect them. In addition, Article 246 authorizes a special jurisdiction within their territory aligned with their own norms and procedures if they do not counter the Constitution and ordinary laws. Furthermore, Article 330 elaborates further on the previous idea; Indigenous territories should be governed by a council formed by the communities’ traditions and have functions such as: promoting public investment in their territories, receiving and distributing economic resources, defending the preservation of natural resources, among others. Likewise, Auto 004/09 of the Constitutional Court (n. d.) established widely the fundamental protections of the displaced indigenous peoples as victims of the armed conflict according to court ruling T-025/04. In this document, the high court describes the current situation of each community in the Sierra Nevada, documenting and detailing the multiple violations and crimes against its members and leaders to set a judicial record.
The Sierra Nevada de Santa Marta is considered the heart of the world by the Indigenous communities that live there. The Indigenous Arhuaco, Kankuamo, Kogui and Wiwa protect the environment based on their worldviews and ancestral beliefs about maintaining a balance between humans and nature. As ProColombia (s. f.) recalls, UNESCO declared it a Biosphere Reserve and World Heritage Site in 1979, given the network of amazing ecosystems that host countless life forms and are home to several Indigenous communities. Despite the importance of the Sierra and their efforts to defend the area, it is directly affected by challenges such as violence and mining. Scott Campbell (2025), representative of the United Nations High Commissioner for Human Rights in Colombia, considers that “the risk of physical and cultural extinction of the Indigenous Peoples of the Sierra Nevada de Santa Marta is real. It is a tragedy we can and must prevent”. This statement is based on the violence caused by non-state armed groups; these attacks affect their lands, their routines, their culture, and their lives. Unfortunately, according to the UN Human Rights Office since 2022, violence in the Sierra Nevada has increased.
Another threat to the Sierra Nevada’s communities is the “development projects” which international entities impose, often without the consent of indigenous groups. Currently, there are 251 mining concessions, along with agriculture, urban sprawl, infrastructure, and hydroelectric projects, that not only risk the autonomy of these communities as a constitutional right but also disrespect essential legal procedures such as prior consultation (AIDA, n. d). This is evidence of the purposeful and systematic omission of prior consultation established by ILO Convention 169 and Colombian Law. Paradoxically, a paragraph of Article 330 of the Constitution submits that the exploitation of natural resources in indigenous territories should be without prejudice to the cultural, social and economic integrity of indigenous communities, and that in the decisions adopted regarding those resources, the Government will ensure the participation of the representatives of the respective communities. Once more, it reflects a legal framework which, while robust on paper, that fails in practice to prevent the violation of Indigenous rights and the degradation of sacred ecosystems.
Furthermore, the consistent violence against social and environmental Indigenous leaders in the Sierra Nevada intensifies the ecological deterioration. When threats and assassinations force community leaders to abandon their ancestral territories, local systems of environmental protection and traditional stewardship collapse, leaving ecosystems vulnerable to illegal exploitation. The power vacuum and the absence of these local defenders create the perfect conditions to expand extractive and criminal activities, accelerating deforestation, contaminating water sources, and weakening the region’s ecological resilience. These factors highlight the vital work completed by indigenous and social leaders in defending nature and natural resources; this thin line faces terrible threats in response.
This area faces issues and the people that denounce the situation often bvecome victims of the broader pattern of violence against social leaders in Colombia. Citizens that actively defend human rights are part of a scene full of risks in accordance with Indepaz as cited in Infobae (2024). Two specific examples from the recent history in the region are the cases of Wilfrido Segundo Izquierdo Arroyo and Daniel Nolavita. Izquierdo Arroyo was an engineering student who was part of the Arhuaco community. He was also a member of the Asociación de Estudiantes Indigenas at the Universidad del Magdalena. Wilfredo had the aim of using his engineering knowledge to complement and promote sustainable development projects in the Sierra Nevada. However, he was shot dead on the streets of Santa Marta during 2024. Likewise, the murder of Daniel Nolavita, a traditional authority of the Kogui community in the Sierra Nevada, stands as another alarming example of the systemic violence Indigenous leaders face in the fight for their land rights. In September 2024, Nolavita was abducted with his wife from their home in the Vereda Cherua, Ciénaga. After a month of searching, his body was found by a member of the community. This event happened shortly after his active participation in the peaceful protest in Santa Marta where Indigenous communities demanded respect and protection from the government. Different organizations such as the UN and the “Plataforma de Defensores de Derechos Humanos, Ambientales y Liderazgos de la Sierra Nevada” manifested their concern and called for immediate action from the authorities. Even though it has not been clarified who was responsible for this crime, the investigation has accused armed groups with presence in the zone such as the Autodefensas Conquistadoras de Sierra Nevada, and the Ejercito Gaitanista de Colombia, also known as the Clan del Golfo. According to Indepaz, this death is one of 140 social leaders’ assassinations registered in 2024.
Thus, even though Colombia has a solid legal framework guaranteeing the rights and protection of Indigenous Peoples and their leaders, the limited visibility and attention to their struggles hinder the effective implementation of these laws. It is urgent to raise awareness about the need to protect Indigenous peoples, respect the existing legal framework and assure their enforcement. The lack of diffusion is directly related to the impunity of these crimes. For instance, while writing this article, information about social leaders on the Caribbean Coast was hard to find, and there are fewer reports about Environmental Social Leaders. Only some articles reporting their deaths were found, but identifying more details or previous information about their work and initiatives was difficult. To reduce the vulnerability of native communities, it is crucial to understand the particular struggles they face, create easy access to governmental mechanisms, and enforce their communication tools or platforms.
References
AIDA (n. d.). Preserving the legacy of the Sierra Nevada de Santa Marta, Heart of the World. Recovered in 2025 from: https://aida-americas.org/en/preserving-legacy-sierra-nevada-de-santa-marta-heart-world
Corte Constitucional (n. d.). Auto 004/09. Recovered in 2025 from: https://www.corteconstitucional.gov.co/relatoria/autos/2009/a004-09.htm
El Espectador. (10 de octubre 2024). Encontraron muerto al líder kogui Daniel Nolavita, tras un mes desaparecido. Revista El Espectador. Recovered in 2025 from: https://www.elespectador.com/colombia/mas-regiones/encontraron-muerto-al-lider-kogui-daniel-nolavita-tras-un-mes-desaparecido/
Función Pública (n. d.). Constitución Política 1 de 1991 Asamblea Nacional Constituyente. Recovered in 2025 from: https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=4125
Medina, L. (2024). Asesinaron a líder y universitario arhuaco en Santa Marta: organizaciones indígenas exigen justicia. Infobae. Recovered in 2025 from: https://www.infobae.com/colombia/2024/08/11/asesinaron-a-lider-y-universitario-arhuaco-en-santa-marta-organizaciones-indigenas-exigen-justicia/
ProColombia. (s. f.). Descubre las características de la Sierra Nevada de Santa Marta. Blog ProColombia. Recovered in 2025 from: https://colombia.travel/es/blog/sierra-nevada-de-santa-marta-tierra-de-nieve-e-indigenas
United Nations (2025). ONU Derechos Humanos llama a prevenir la extinción física y cultural de los Pueblos Indígenas de la Sierra Nevada de Santa Marta garantizando sus derechos: colectivos e individuales. United Nations Human Rights Office of the High Commissioner. Recovered in 2025 from: https://www.hchr.org.co/historias_destacadas/onu-derechos-humanos-llama-a-prevenir-la-extincion-fisica-y-cultural-de-los-pueblos-indigenas-de-la-sierra-nevada-de-santa-marta-garantizando-sus-derechos-colectivos-e-individuales/








