The wait ended, because the International Court of Justice (ICJ) in The Hague issued a ruling defining the future of the dispute between Colombia and Nicaragua, over the territorial space surrounding the archipelago of San Andrés and Providencia and Santa Catalina. In this case, the decision taken from Holland is against Colombia, since there are different arguments that could not be justified, however, the national representation in this case points out that they nevertheless consider the Court's decision productive and beneficial.
It is important to bear in mind what was the reason for debate on this occasion, because this time the central issue was to verify whether the controversial ruling of 2012 was being complied with, the one that, although it recognized several territorial rights to Colombia, ended up ceding continental shelf to Nicaragua, giving it maritime rights even 200 nautical miles from its territory, as well as giving it the possibility of expanding its border to countries such as Panama and Jamaica.
In this case, Colombia must modify its behaviors, but it will not have any specific sanctions, therefore, there is no blunt blow that could affect the country's constitutionality, in addition to awarding the reintegration of several areas surrounding the Archipelago.
The Court of The Hague was forceful in stating that Colombia has violated the rights of sovereignty and respect in the jurisdictions established by Nicaragua, since various maritime incursions have been notorious in the territory of the Central American country, in such a way that it is urged that such movements be immediately curtailed and avoided this meddling. Similarly, it is recognized that those waters where Colombia has come to sail, are an exclusive sector of the economy and development of the other country.
The decision was supported by 10 votes in favor and only 5 against, highlighting this violation of rights, since it was determined that Colombia intervened on several occasions, while Nicaragua was carrying out fishing operations and scientific studies; for these interventions it was justified that controls were being carried out to verify the conservation of the environment in this area. In addition to this, 9 votes indicated that Colombia should immediately stop this type of behavior that directly affected Nicaragua, while 6 were of the opinion otherwise.
Another important issue that was considered was the rights of the root communities, in this regard, the Court rejected Colombia's arguments, because despite the fact that 11 pieces of evidence were presented on the presence of these peoples in the area, in The Hague it was assured that there is no reliable proof of the temporality of this stay in the territory that today belongs to Nicaragua.
In the meantime, they highlight Nicaragua's position on land rights, as the president of that country, Daniel Ortega, has rescued that these communities must continue fishing in the territories. However, doubts arise about the presence of Colombians in those areas that are called the Exclusive Economic Zone (EEZ)
For his part, the Colombian agent to The Hague, Carlos Gustavo Arrieta, described all this procedure as a success, because the Court considered that Colombia did not violate the 2012 ruling, so that there would be no forceful sanction against the country, and the National Navy will be able to continue to operate against crime in the area, what should be abstained in this case is to carry out environmental control.
In relation to the decision, Arrieta said: “The Navy may continue to be present and carry out operations in the area against drug trafficking, the integrity of the Archipelago is maintained, the Raizal community is recognized as a community that has rights and obligations, and in this particular case fishing rights are maintained and right of free movement, although they were not recognized for their artisanal and historical rights, but stood out as a special community”.
Finally, with regard to the issue of root communities, the Court of The Hague urges Colombia and Nicaragua to engage in dialogue to deal with this issue, however, a timely dialogue is not anticipated, because according to Arrieta, everything depends on a political decision. It is important to keep in mind that diplomatic relations between the two countries are irregular, as Iván Duque has strongly criticized Daniel Ortega's leadership in that country, considering it as a regime.
KEEP READING: