Transnational corporations are currently suing Colombia for an amount equivalent to 13% of its national budget. Allocating public funds to cover the costs of fighting corporate lawsuits not only means cuts in social spending, but also higher taxes for the Colombian people. 

Colombia has signed Bilateral Investment Treaties (BITs) and Free Trade Agreements (FTAs) that affect ecosystems and communities, with rules that allow transnational corporations to bring claims against the country in secretive tribunals when they believe their future profits are affected. This mechanism is known as ISDS, or Investor-State Dispute Settlement.
 

Public officials have been discussing concerns about these corporate lawsuits behind the backs of Colombian society, despite the fact that they affect all Colombians, both in terms of their environmental impacts and economic costs that come out of the national budget, Colombians’ pockets.

These treaties must be reviewed and the government has announced that it will. We want this review to be carried out with the participation of affected communities and civil society through a Citizens’ Audit.
 

Sign here to call on the Colombian government to establish a

Citizens’ Audit on the international investment agreements that allow

transnational corporations to file multi-million dollar claims against the

country

AT THIS LINK CHECK THE LIST OF PEOPLE WHO HAVE ALREADY SIGNED THE PETITION

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As of March 2023, 14 cases are open and 8 are in the pre-arbitration stage, for 52 billion pesos.

Some of these cases endanger sensitive ecosystems – for example, the Bruno stream in the department of La Guajira and the Santurbán páramo. The transnationals hope to use their lawsuits to influence the state’s decision or otherwise extract trillions of pesos from the Colombian people.

One of these cases was filed by Swiss transnational Glencore, owner of Cerrejón, the largest open-pit coal mine in Latin America. A trio of  Canadian exploration firms – Eco Oro, Red Eagle and Galway Gold filed the others. 

Faced with this threat to the country's commons, more than 300 organizations and individuals have already signed a declaration that was hand delivered to President Gustavo Petro and his cabinet during their recent visit to La Guajira.  

An international mission from 8 countries also visited Colombia to raise government and public attention to these threats, and to share the experiences of other countries in stopping transnational claims.  

 Overall, it is not enough for a country to defend itself well in such legal proceedings or to tweak the agreements that enable transnational corporations to sue states. It is necessary to withdraw from this illegitimate and unjust system.

How can Colombia withdraw from this system?  

By reviewing the FTAs and BITs it has signed, with citizen participation. Ecuador provides an example to follow, where an Citizens’ Audit Commission with the participation of international experts was formed to review the country’s treaties. In Colombia, it is urgent that the national government, headed by the Minister of Commerce, Industry and Tourism, Germán Umaña Mendoza, create space to listen to communities, academia and social organizations.  
 

Why should Colombia withdraw from the ISDS system? 

Colombia has already had to pay millions of dollars to transnational companies through such lawsuits.     

These arbitration tribunals are biased in favor of transnational corporations. Arbitrators’s salaries are paid by  the parties. There is no right of appeal or defense, and no impartiality or independence. Rather, this system undermines Colombia’s judiciary.  

Nor is there any obligation to listen to affected communities or consider the abuses they have faced. Tribunals are only mandated to assess the rights of investors according to the rules of international investment agreements.   

These tribunals are not bound by human rights legislation. On the contrary, they obstruct countries from fulfilling their commitments.  

This system is already becoming obsolete across the world. Many countries are already opting out of it, including in Europe, Asia, and the Americas.

Sign here to call on the Colombian government to establish a Citizens’ Audit of its international investment agreements that allow transnational corporations to file million dollar claims against the country 

#StopISDSNow