CITIZENS' OPEN PETITION TO THE OrganizaTION OF AMERICAN STATES (oas), TO THE INTERAMERICAN DRUG ABUSE CONTROL COMMISSION (CICAD), THE INTERAMERICAN HUMAN RIGHTS COURT, THE COLOMBIAN STATE COUNCIL AND THE UNITED NATIONS ENVIRONMENTAL PROGRAM

We the undersigned citizens express our concern that the Colombian government, instead of abiding by the existing norms, is seeking systematically the means to modify them.  This tendency is even more worrying when dealing with fumigation measures, as in the case of the Nation's Parks. The National Antinarcotics Directorate (CNE in its Spanish acronym) has attempted to legalize the fumigation of Colombian National Parks through its June 27th 2003 Resolución 0013. This CNE decision goes against the Colombian 1991 Constitution and is therefore illegal since it disregards what is stipulated by the Ministry of Environment, Housing and Territorial Development (MAVDT, in its Spanish acronym) in its Environmental Management Plan. We shall therefore be alert not only that the government abide by Colombian laws but also that it fulfill the conditions set by the US Congress.  It is worth noting that the US norms do not authorize the funds for fumigation of natural parks. Quite the opposite, they stipulate that two conditions must first be fulfilled. That funds appropriated by this Act may be used for aerial fumigation in Colombia's national parks or reserves if the Secretary of State determines that it is in accordance with Colombian laws and that there are no effective alternatives to reduce drug cultivation in these areas. The US Congress demands that aerial eradication with chemical substances be only used as an extreme measure. We demand that Human Rights be respected and that the Precautionary Principle be abided by, as stipulated in the Convention on Biological Diversity, and a supplementary agreement to the Convention known as the Cartagena Protocol on Biosafety which was adopted on the 29th of January 2000 and entered into force on September 2003, and as stipulated by Colombian national legislation, Law 99, article No. 1 numeral 6,  and according to which, when and where there is a risk of severe and irreversible damage, the lack of certainty should not be used as a reason for applying measures which could lead to the degradation of people’s health and environment.  We demand a halt to fumigation.


TO WHOM IT CONCERNS:

Ricardo Hoyos Duque

President State Council of the Republic of Colombia

Klaus Töpfer
Director Ejecutivo,
United Nations Environmental Program (UNEP)

Antonio Augusto Cançado Trindade

President  Inter American Human Rights Court /OAS

Paul Kennedy
Chairman Inter American Drug Abuse Control Commission (CICAD)