Las fumigaciones con glifosato (“round up”) a los cultivos de drogas en territorios indígenas en Colombia

This article seeks to demonstrate that the Colombian legal framework to deal whit drug trafficking thought the use of the chemical spray glyphosate (RoundUp) has had serious consequences for the rights of indigenous communities. For this reason, the Constitutional Court has been protecting the rights of these minorities. The proposed methodology is based upon a general historical analysis of the main laws regarding “Round Up” so as to present an evolution of these laws. This will be followed by a jurisprudential study which will demonstrate the means by which the Colombian Constitutional Court is redirecting the interpretation of these rules. These are the results of this research: 1. The legal guidelines regarding air fumigation with “Round Up” run contrary to indigenous rights; 2. The Constitutional Court has protected such fundamental rights of the indigenous peoples as self-determination, prior consultation, ethnic and cultural diversity, participation, health in connection to life and the environment. In conclusion, it is clear that the court is not in agreement with governmental guidelines regarding the use of glyphosate and has modified their content so as to generate new public policies which end up prohibiting the use of this chemical and creating a strict procedure for the reauthorization of its use.