billion recoverable barrels – mammoth in size. Simultaneously, Colombia was anxious for new
hydrocarbon discoveries, given the natural decline of Caño Limón and also of a second major
field located at Cusiana/Cupiagua. Additionally, the United States, which imports at of a majority
Colombia’s exported crude, had accelerated its national security and energy policies, attempting
to direct oil dependency away from the volatile Middle East. The Court demanded that
appropriate consultation occur within 30 days, a process the U'wa insist to this day has never
occurred (Interviews with U’wa leaders, June-August 2002). With so much at stake, a month
later, on March 4, 1997, the Council of State issued a ruling contrary to Constitutional Court's
decision. With a 14 to 7 vote, the Council ruled that adequate consultation had indeed occurred,
and this decision was interpreted as holding administrative precedence regarding the legality of
the environmental license. Thus, the stage was set for the U’wa struggle to move into ever-more
complex, trans-spatial arenas.
Policy and Legal Battles: The Resguardo Unificado and Decree 1320
In July 1998 the Colombian government issued a decree with the stated purpose of
streamlining the process of consultation. This highly controversial administrative decision
represented an advance of the priorities of the hegemonic regime network regarding
consultation and a backlash for indigenous rights. Using extraordinary powers, the executive
branch, through its Interior Ministry, issued Decree 1320. Critics of the decree claim it restricted
the conceptual and geographical definition of indigenous territory and therefore the conditions
under which consultation need occur. In short, it cramped the definition of territory, and thus the
physical space in which consultation would be applicable (Gómez Vargas, 2002, pp. 534-548).
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Decree 1397 of 1996 originally stipulated, regarding environmental licenses and consultation: “For the effects of the
present decree, concertation will be carried out in concordance with stipulations outlined in the Political Constitution
of Colombia, the International Instruments to which Colombia is bound, as well as laws 160 of 1994 and laws 191 and
199 of 1995, as well as other norms guaranteeing the rights of Indigenous Peoples” (Article 6, Concertation). It also
stated that no environmental license could be granted without corresponding studies of economic, social and impact
of projects on indigenous communities, “which ought to be part of the environmental impact study.” In brief: “The
studies will be carried out with the participation of the communities, their authorities, and their organizations” (Article
7, Environmental Licenses). Additionally, Article 7 commands: “When the studies themselves, or the environmental
authorities, or the entities in charge of follow-up regarding participation with the affected communities, their authorities
or organizations, infer that said project could cause or is causing damage to the economic, social or cultural integrity
of the indigenous peoples or communities, the license will be negated, suspended or revoked, through a
corresponding resolution.” Decree 1397 was appealed before the Council of State, resulting in a ruling on the 8 of
October 1998 nullifying the legal effect of the words “suspended or revoked.” Decree 1397 also established a
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Convention