A/HRC/33/42
Annex IV
Other ISDS cases impacting on indigenous peoples rights
In Bechtel v. Bolivia (2006), Bechtel, a US company, filed an arbitration case for
$50 million in 2002 under the Bolivia-Netherlands BIT, in a context where the US had no
BIT with Bolivia. The case arose when indigenous peoples’ protests at privatization of the
water supply lead to nationalization. The case was eventually settled when confrontation
with the police turned violent led to an international campaign put significant pressure on
the parent company.
In Cosigo Resources Ltd and Tobie Mining & Energy Inc v. Colombia Canadian and United
States mining companies issued a notice of intent to take a $16.5 billion arbitration case
against Colombia under the US-Colombia FTA. They hold that Colombia delayed signing
its mining concession until a national park covering the area was established, and that there
was inadequate consultation with indigenous peoples in relation to the park’s creation. In
September 2015, the Colombian Constitutional Court upheld the creation of the park. The
companies acknowledge that the proposed mining activities face strong opposition from
among the impacted indigenous peoples, but point to an agreement with one indigenous
association as evidence of sufficient support to proceed.
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