In a pressing declaration from Bogota, the United Nations has officially warned that rampant mercury contamination in Colombia’s Atrato River basin has escalated into a “serious and ongoing human rights crisis.” This environmental catastrophe directly imperils the well-being and very survival of Indigenous and Afro-descendant communities who depend entirely on the river for their sustenance, drinking water, and cultural practices.
This critical concern was formally communicated to the Colombian government via a letter, made public on Tuesday, from three UN Human Rights Council special rapporteurs. Their message highlighted the government’s insufficient progress in upholding a landmark 2016 Constitutional Court ruling, which legally recognized the Atrato River as a living entity possessing its own rights to protection and restoration.
Marcos Orellana, the UN special rapporteur on toxics and human rights, voiced profound disappointment to The Associated Press. “Ten years have passed, and we have seen that there has been insufficient implementation and compliance with the terms of that decision,” Orellana stated. He pointed out that a significant part of the problem stems from the pervasive influence of organized crime, which orchestrates the smuggling of mercury and gold, often bolstered by corruption within military and police forces.
The Atrato River, a vital Colombian waterway, meanders nearly 500 miles from the western Andes through the verdant jungles of Choco, a region renowned for its biodiversity yet plagued by deep poverty. This area is predominantly home to Afro-Colombian and Indigenous communities whose traditional livelihoods of fishing and small-scale farming are now gravely threatened by the pervasive toxic pollution.
Illegal gold mining has emerged as one of the primary culprits behind widespread deforestation and pollution across many of Latin America’s Amazonian regions. The escalating global price of gold, combined with inadequate traceability systems, has fueled an insatiable demand for illicitly mined gold that infiltrates global supply chains. The mercury, crucial for extracting this metal, has wrought havoc on local wildlife, including river dolphins and fish, and critically contaminated the essential food sources for Indigenous communities inhabiting remote Amazonian territories.
More Than a Third of the Population Exposed to Mercury
Previous reporting by the Associated Press last year revealed how local residents, entrusted with the river’s stewardship, courageously act as guardians against illegal mining and strive to protect the river’s health, often at great personal risk from armed groups.
Orellana confirmed that the UN has received alarming evidence indicating that over a third of the population living within the Atrato watershed has been exposed to mercury levels far exceeding the stringent limits set by the World Health Organization. He branded the situation as “incredibly concerning,” emphasizing mercury’s extreme toxicity and its capacity to inflict neurological damage, organ failure, and severe developmental disorders in unborn children.
The 2016 court ruling was celebrated worldwide as a pivotal achievement in environmental law, inspiring similar “rights of nature” initiatives across the globe. However, Orellana lamented that political shifts, chronic underfunding, and persistent allegations of corruption have severely hampered its effective implementation and enforcement.
“Complying with a court decision requires institutional commitment over the long term,” he remarked, adding that “Politics can interfere, and reality kicks in when budgets don’t follow.”
The UN’s letter, co-signed by the special rapporteur on the right to a healthy environment and the Working Group of Experts on People of African Descent, was dispatched to the Colombian government more than two months ago. Orellana noted that, adhering to standard UN protocol, governments are typically given 60 days to respond to such communications before they are made public. “It is my expectation that the government will reply, giving effect to its obligations under international human rights law,” he asserted.
As of now, neither Colombia’s presidential office nor its Environment Ministry has provided an immediate response to requests for comment.
Illegal Mining Linked to Slavery, Prostitution, and Displacement
In their detailed communication, the UN rapporteurs unequivocally characterized the mercury contamination as a blatant violation of fundamental human rights, including the rights to health, life, and a clean environment. They strongly urged Colombia to implement “immediate and effective” measures to curb illegal mining operations, undertake thorough clean-up efforts in polluted areas, and provide comprehensive medical care to the affected communities.
Mercury is a staple in small-scale gold mining, primarily used to separate gold from sediment. However, its release into rivers inevitably poisons fish and accumulates dangerously in human tissue. Despite Colombia’s 2018 ban on mercury use in mining, enforcement remains woefully inadequate, particularly in conflict-ridden regions where armed groups and criminal networks exert dominant control.
Orellana’s office has also uncovered troubling evidence of abhorrent practices such as slavery-like labor, forced prostitution, and community displacement, all directly linked to the illicit mining operations within the Atrato region. “These forms of violence and violations of human rights accompany mercury contamination and must be treated as environmental crimes,” he stressed.
He further called upon Colombia to assume a leadership role in strengthening international mercury controls under the Minamata Convention on Mercury. He emphasized that current global regulations still contain “gaps that need to be closed” to effectively curb cross-border trade in mercury.
True progress, Orellana concluded, would be marked by a tangible decline in the number of hectares being illegally mined—a figure that has unfortunately risen since the 2016 ruling. It also entails ensuring that affected communities have access not only to mercury testing but also to specialized healthcare and clear, actionable guidance on how to minimize their exposure. “The human rights of victims are at stake,” he passionately declared. “International law requires states to respect and guarantee rights – not for one day or for one week, but all the time.”