Citizen Participation in Environmental Defense Related to Fracking Projects in Colombia

Citizen Participation in the Political Constitution of Colombia

Participatory democracy is a central concept in political theory, representing the original form of democracy in the Western world and contrasting with representative democracy as well as other forms such as direct, deliberative, and strong democracy (Barber, 2015). While every democracy contains participatory elements, grounded in consent through a "social contract" and participation in elections, in modern practice, the scale and complexity of societies have led to the predominance of more representative forms.

In modern representative democracy, where accountability and indirect governance are essential, participatory democracy has emerged as an alternative due to the perception that the former weakens citizenship, even as it broadens its base (Barber, 2015). This conceptual shift has led to these forms of democracy being seen as opposites, with participatory democracy focusing on direct self-governance and representative democracy on governance by elected elites.

Colombia joined this global trend with the inclusion of the participatory democracy model in the 1991 Constitution, reflecting the context of citizen mobilization known as the "Seventh Ballot Movement." The country's democratic history, characterized by relative stability interrupted by challenges such as violence and drug trafficking, reached a critical point with the 1991 Constitution, which promoted citizen inclusion in public decision-making (Const., C-221/1996, M.P. J. Hernández).

The evolution of participatory democracy in Colombia can be di-vided into three main stages:

Participatory democracy in Colombia has also been influenced by new political action dynamics, which are less institutionalized and more diverse. These new political actors, often spontaneous and lacking formal structures, seek to advocate for fundamental issues such as equality and social justice, although they often operate outside traditional democratic mechanisms (Rubio, 2021).

The manipulation of information, as evidenced during the 2016 Plebiscite on the Peace Agreement with the FARC (acronym for the Colombian armed group Fuerzas Armadas Revolucionarias de Colombia), is one of the current challenges facing participatory democracy in Colombia. Although these mechanisms are enshrined in the 1991 Constitution, their effectiveness and ability to fulfill their intended purpose remain subject to debate.

Participatory democracy in Colombia has evolved through a com-plex historical process, marked by significant progress and persistent challenges. The effective implementation of these mechanisms requires a continued commitment to political education and adaptation to new forms of citizen political action.

The constitutional, legal, and jurisprudential framework for citizen participation mechanisms in Colombia is based on the 1991 Constitution, which establishes the country as a Welfare State of Law. In this model, sovereignty resides with the people, who exercise public power in two ways: directly, through participatory democracy, and representatively, through the election of representatives (Political Constitution of 1991, art. 3).

The 1991 Constitution, in Article 103, establishes several mechanisms of political participation, including voting, plebiscites, referenda, popular consultations, open town halls, legislative initiatives, and mandate recalls. These mechanisms are further developed in Statutory Law 134 of 1994 and Statutory Law 1757 of 2015, which promote and guarantee the right to participate in the political, administrative, economic, social, and cultural life of the country, allowing citizens to oversee power.

Voting is the most widely used mechanism and is defined as the act through which an individual expresses their opinion or preference for a candidate or proposal. The Constitution enshrines it as both a right and a duty of citizens, to be exercised without coercion and in a confidential manner (Political Constitution of 1991, art. 258). The Constitutional Court has highlighted its importance as a fundamental pillar of democracy, ensuring citizen participation in the formation and oversight of political power (Const C-224 of 2004, M.P. R. Escobar Gil).

A plebiscite, defined as a mechanism for consulting people on an important public decision, is another form of participation enshrined in Article 103 of the Constitution. This instrument allows government leaders to consult citizens directly on matters of great national significance, thereby seeking legitimacy for their decisions.

The referendum, considered the most representative mechanism of direct and participatory democracy, allows citizens to approve or reject rules proposed by authorities. Statutory Law 134 of 1994 defines the referendum and establishes its types: abrogative, to decide on the elimination of existing rules, and approbative, to decide on new legislative proposals (López, 2023).

Popular consultation is a participatory mechanism through which authorities submit matters of general importance to the people's consideration. This mechanism is mentioned in several articles of the Constitution and is regulated by Statutory Law 134 of 1994. It allows for resolving disputes between branches of public power and preventing administrative paralysis (Const., C-180 of 1994, C-150 of 2015, C-784 of 2014, T-123 of 2009).

The open town hall is a public meeting where citizens can directly participate in the discussion of matters of local interest. Regulated by Statutory Law 134 of 1994, this mechanism facilitates interaction be-tween citizens and council members or ediles¹, promoting deliberation and the search for solutions to community issues (López, 2023).

The popular legislative initiative allows citizens to present bills or legislative acts before public bodies. This mechanism is enshrined in Articles 103, 154, and 155 of the Constitution and regulated by Laws 134 of 1994 and 1757 of 2015, establishing specific requirements for its exercise.

Finally, the mandate recalls, enshrined in Articles 40, 103, and 259 of the Constitution, allow citizens to remove mayors or governors through a popular vote. This mechanism of oversight and accountability requires compliance with specific legal requirements and has been used both due to citizen dissatisfaction and for political reasons (López, 2023, p. 414).

Law 131 of 1994, as amended by Law 1757 of 2015, regulates the recall of mandates, and the Constitutional Court has issued numerous rulings defining the scope of democratic participation and establishing subrules for each mechanism.

The Constitutional Court's jurisprudential development on citi zen participation in Colombia is deeply rooted in the 1991 Political Constitution. The preamble of this Constitution establishes a "legal, democratic, and participatory framework" to guarantee "a just political, economic, and social order," which grants binding force to citizens' active participation in the State.

In this context, the Constitutional Court has played a fundamental role in shaping the framework for citizen participation, even in the face of challenges posed by fracking. Its rulings have not only emphasized the importance of participation in consolidating a democratic and pluralistic State but have also promoted the proper regulation of these mechanisms. Through various decisions, the Court has recognized the fundamental right of communities to influence decisions that directly affect their environment and quality of life.

This participatory approach is not unique to Colombia but rather reflects a global trend. The democratization of States and the incorporation of basic principles for peaceful coexistence have historically evolved to promote citizen oversight and the active involvement of diverse social groups in decision-making processes. Today, participation has become a cornerstone of contemporary societies, as it enables the achievement of inclusive agreements that address the interests of diverse and plural communities.

The jurisprudential advancements of the Constitutional Court regarding citizen participation are grounded in Articles 1 and 2 of the Constitution, which highlight the importance of participation in Colombia's political model. The Court has stated that the relationships between the State and individuals must develop within a democratic and participatory framework, as established in the preamble and the fundamental principles of the Constitution (Const., C-089 of 1994, M.P. H. Herrera Vergara).

The Constitutional Court has emphasized that citizen participation should not be viewed merely as a desirable practice but as a fundamental principle and objective of state activity. This implies that authorities have the responsibility to facilitate and promote participation in all aspects of individual and collective life, fostering democratic and political participation in decision-making processes that affect collective well-being (Const., C-180 of 1994, M.P. H. Herrera).

Citizen participation is essential to ensuring democratic, just, pluralistic, and diverse State in which the interests of different social groups can be heard and debated. This participation ensures that society is not subject to unilateral decisions by public authorities but can actively influence the economic, political, administrative, and cultural life of the Nation. Citizen participation is considered both a fundamental right and an essential principle and objective of the State, as established in several judgments by the Constitutional Court (Const., C-1338 of 2000, M.P. Cristina Pardo Schlesinger).

In Ruling SU-1122 of 2001, the Court highlighted the connection between citizen participation and other fundamental rights, stating that participation allows for the oversight and control of public power, preventing the violation of these rights. The Court noted that the expansion of democracy involves ensuring that participation is voluntary and that decisions reflect personal choices, guaranteeing that every opinion is equally valued and that normative procedures are followed (Const. SU-1122 of 2001, M.P. E. Montealegre Lynett).

Within this framework, the Constitutional Court has made it clear that participation goes beyond electoral processes; it involves the effective ability to influence legislative processes and arenas of public power. As established in Ruling C-150 of 2015 (Justice M. González), "the people, as holders of sovereignty, have the right not only to elect, but also to constitute, legislate, judge, administer, and oversee power, (translated by the authors)", either directly or through representatives.

This dual nature -both as a guiding principle and as an enforceable right- has led the Court to develop a robust body of doctrine. In the same jurisprudential line, it has clarified that participation is not limited to being a foundational principle of the Social Rule of Law but also functions as an instrumental right for ensuring political decisions that are legitimate and beneficial to society as a whole. Evidence of this can be found in the Court's consistent emphasis on the need for appropriate legislative regulation of participatory mechanisms, as reiterated in Ruling C-150 of 2015, in which it urged the Congress to develop normative frameworks that prevent their hollowing out.

The evolution of this approach became especially evident in Ruling T-445 of 2016, which, although focused on prior consultation with ethnic communities, established standards applicable to all forms of citizen participation. In that decision, the Court distinguished between formal and substantive participation: genuine participation requires collective self-determination, not mere informational procedures. In its own words, it must involve a "genuine dialogue" in which communities affected by extractive or development projects have a real capacity to influence decisions concerning their territories, with prior access to information and the possibility of giving free consent.

This standard was consolidated months later in Ruling C-035 of 2016, in which the Court examined regulations concerning territorial planning. In issuing a conditional rule of constitutionality on several articles, it emphasized that participatory mechanisms must be designed to ensure real (not merely symbolic) citizen influence in decisions that affect their surroundings. The ruling was paradigmatic in requiring that these participatory spaces promote effective public deliberation, including procedural adjustments to incorporate community interests from the early stages of planning.

The primacy of citizen participation in environmental defense, which has been developed by the Constitutional Court, is complemented by the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement). This instrument, ratified by Colombia, serves as a binding normative framework that elevates the standards of the three access rights to ensure democratic environmental governance.

In the context of high-impact projects such as fracking, Escazú re-quires States to guarantee timely and meaningful public participation in environmental decision-making processes, by providing necessary and adequate information. This obligation reinforces the concept of substantive participation (distinguished by the Court in Ruling T-445 of 2016) and provides an international legal tool for communities seeking to influence or halt extractive projects within their territories.

Subsequently, Ruling T-236 of 2017, although focused on aerial spraying with glyphosate, articulated arguments concerning the right to a healthy environment and the precautionary principle that are directly applicable to fracking. In this decision, the Court issued a strong call to apply the precautionary principle in the face of scientific uncertainty regarding the impacts of certain activities. This principle became especially relevant in the fracking debate, given the controversies surrounding its long-term effects on water, soil, and human health. Furthermore, the Court linked the right to a healthy environment with the right to participate, arguing that communities have the right to be informed of potential risks and to take part in decision-making processes concerning activities that may affect them environmentally.

Finally, Ruling C-389 of 2023 marked a decisive turning point by clarifying the powers and limits of the legislative branch regarding fracking. Although it did not establish an outright ban on the technique, the Court assessed the constitutionality of a tax provision affecting the extractive sector and acknowledged the inherent tension between the need for fiscal resources to support social development and the protection of fundamental rights to a healthy environment and citizen participation. The constitutional debate over taxation of resource exploitation reflected deep community concerns and underscored the need for adequate social compensation and a broad, informed democratic dialogue.

Citizen participation in Colombia is grounded in the 1991 Constitution and has been developed and protected by the Constitutional Court through its jurisprudence. This fundamental right and essential principle of the State is vital to ensuring a democratic, just, and pluralistic State, enabling citizens to actively influence decisions that affect their lives and collective well-being.

Quantitative Analysis of the Discrepancy Between Social Legitimacy and Legal Effectiveness

To fulfill the objective of evaluating the effectiveness of participation mechanisms, a quantitative review of the popular consultations held between 2013 and 2018 was conducted. The data reveals a pattern of absolute community rejection towards extractive projects, contrasted by a pattern of judicial invalidation.

The systematization of data from the most relevant popular consultations regarding mining and hydrocarbon projects (including fracking) demonstrates a unanimous trend. In every case where the mechanism was successfully executed, the opposition to extraction exceeded 97% of the valid votes, surpassing the participation thresholds required by Law 134 of 1994.

Correlational analysis in the "ineffectiveness" breakpoint

The study identifies a direct negative correlation between the democratic mandate expressed in these figures and the legal effectiveness of the mechanism post-2018.

Correlational Patterns in Jurisprudence and Invoked Rights

To complete the evaluation of effectiveness, a correlational analysis was conducted to examine how the Judicial Branch responds to different participatory mechanisms based on the specific rights invoked by communities. The systematization of rulings reveals two distinct patterns that determine the success or failure of environmental defense strategies.

The correlation shows asymmetrical effectiveness. In the case of popular consultations, an inverse correlation emerges: the more communities attempted to use mechanisms of direct democracy to exercise a veto based on territorial autonomy, the more restrictive the judicial response became, effectively stripping the mechanism of its binding force with respect to subsoil exploitation.

Conversely, when communities invoked procedural rights -specifically prior consultation and the precautionary principle- judicial decisions were more favorable. This was evidenced in the suspension of the Kalé and Platero pilot projects in Puerto Wilches, where the judicial branch upheld the suspension due to the lack of adequate consultation, proving that procedural defense mechanisms are currently more "effective" than political voting mechanisms in the context of Colombian fracking.

Concept and Context of Mineral and Energy Resource Exploitation through Fracking

Colombia is a country with a vast variety of minerals distributed throughout its national territory, which has contributed significantly to its economic development. Since the time of the conquest, the colonial period, and later during the republican era, Colombia has exploited and generated substantial income from resources such as gold, coal, nickel, platinum, phosphoric rock, salt, and other extraction processes from the soil. In the 20th century, Colombia became a producer of oil, a development that has benefited its self-sufficiency and generated significant revenues from exports.

The country drilled its first productive oil well, Infantas No. 1, between 1918 and 1921. Between 1921 and 1951, the oil industry began to develop with the discovery of new fields in the Magdalena Medio region, Catatumbo, and the Lower Magdalena River Valley (Vásquez, 1994).

In terms of hydrocarbons, Colombia benefits from two key resources that have contributed to its development: oil and gas. Both have become the primary sources of foreign currency and wealth for the country, fostering development in the regions where they are exploited.

The notable growth of the hydrocarbon sector has forced the State to implement rigorous regulations and establish oversight and control bodies. This is necessary to mitigate the industry's environmental impact on ecosystems and to monitor its effects on communities.

Given that hydrocarbons are primary energy sources, their deposits are often located in proximity to crucial water flows or potable water aquifers. Therefore, oil extraction activities carry an inherent risk of contaminating the soil and water sources due to possible accidental spills.

The hydrocarbon sector has expanded significantly in recent years and has become an important part of global economic growth. This sector drives transportation networks, gas supply, and petroleum-derived products, including plastics and everyday items, such as affordable cloth-ing lines made from these raw materials. Additionally, it provides energy consumption for the coldest regions of the world, such as Europe and Russia. Research, reserves, and production have increased substantially, making hydrocarbons one of the main drivers of economic growth in many countries worldwide.

However, pollution has intensified alongside the expansion of hydrocarbon activities, accumulating in oceans and affecting developing countries. These nations suffer disproportionately, as this contamination leads to increased diseases. When hydrocarbons are incinerated, they cause significant harm, with particles entering the respiratory systems of humans and animals. Additionally, hydrocarbons disrupt gas exchange with the atmosphere and trigger various physicochemical processes such as evaporation and permeation. Depending on the physicochemical characteristics of the hydrocarbon (e.g., temperature, humidity, pH, and soil structure) and the slow runoff, toxicity increases, causing severe environmental effects on both flora and fauna (Velásquez Arias, 2017).

In the face of mineral resource exploration and exploitation projects, the Colombian State's responsibilities extend beyond regulation and control, which are vital tasks. The State is also tasked with overseeing the use and production of resources, assessing how these activities are conducted, their impact on ecosystems, and the extent to which they affect the communities where such activities are carried out.

In this regard, the country's natural resources, including hydrocar-bons, have created the need for the government to fulfill its administrative role in regulation and control. This has involved establishing an institutional and legal framework, all under constitutional parameters.

The Technological Process and the Socio-Environmental Conflict

Hydraulic fracturing, or fracking, refers to the technical process used for the unconventional extraction of oil and natural gas. This process involves injecting a proprietary solution that creates fractures between sediment layers, allowing energy resources to escape to the surface for collection. (Valencia & Carrillo, 2016).

The process involves drilling vertically underground (approximately 1,000 to 5,000 meters) and then horizontally (1,000 to 4,000 meters). Fluids are then injected at very high pressure to fracture rocks containing hydrocarbons that are difficult to access, thereby releasing them.

The fluid is composed of water and sand, along with various chem ical additives such as methanol, hydrochloric acid, and light petroleum distillates. These chemicals, treated with hydrogen, are combined in a mixture of water, sand, and other pollutants.

Fracking of rocks deep below the surface to release petroleum products has become a controversial issue worldwide. The practice should not be confused with drilling or extraction. Fracking is the process of using fluid energy to fracture rocks and release gas, and sometimes crude oil. It is not drilling per se, although drilling is necessary to establish a well to pump the fluid that fractures the rock and releases the product. In fact, some countries have banned hydraulic fracturing, claiming that groundwater and air pollution increase because of the process (Holloway & Rudd, 2001).

The concept of using water for work is not new. Pumping fluid underground to fracture rocks and release gaseous oil is, however, a newer process. In reality, this process occurs naturally every day with water or magma. Magma can flow into rock beds, overheating water to produce steam. The resulting pressure from the expanding water molecules can be so immense that it lifts and separates thousands of tons of rock deep below the Earth's surface (Holloway & Rudd, 2001).

If contamination of freshwater aquifers is a concern, many stake-holders, both in the industry and the environmental sector, argue that shallow groundwater monitoring wells should be drilled around platform perimeters and sampled as needed. Water samples would then be collected from these wells before drilling to establish a baseline set of analytical data showing water conditions prior to drilling operations.

In fact, some states in the United States have enacted regulations to establish groundwater quality before drilling through a baseline monitoring program. Baseline sampling would be followed by periodic monitoring throughout all phases of operations, including hydraulic fracturing. This process could serve two purposes (Holloway & Rudd, 2001):

Fracking is an oil extraction technique that has sparked heated debates and concerns regarding decision-making processes and the influence of public participation in water-intensive, unconventional sectors.

Scholars present environmental degradation as a political issue within a context of unequal and subjective human, corporate, and state relationships that shape interpretations of energy, water, and natural landscapes.

From a technical perspective, fracking represents a significant advancement in the recovery of hydrocarbons from unconventional reservoirs. However, this technological innovation contrasts with growing scientific evidence pointing to its environmental impact: from being a major source of methane emissions (a potent greenhouse gas) to the potential contamination of underground aquifers (Howarth, 2019). This contradiction between technological progress and environmental sustainability has made fracking a deeply polarizing issue.

This polarization has given rise to unprecedented social activism, particularly in defense of water as a vital resource. The ability of affected communities to respond depends not only on their political influence, but also on structural factors such as their socioeconomic status and access to legal resources. As Acosta (2021) points out, there is a clear correlation between social vulnerability and exposure to environmental risks associated with hydraulic fracturing.

Beyond environmental concerns, these disputes reveal deeper conflicts over development models. Tensions over land, water, and subsoil resources are intertwined with:

In the Colombian context, fracking regulation has become a battleground where multiple actors converge. On one hand, the current government has promoted an ambitious energy transition agenda; on the other hand, the extractive industry defends its role in ensuring national energy security. This ongoing struggle has been shaped by the Legislative and Judicial branches, whose decisions have set the pace of the controversy. The year 2023 marked a turning point in this debate. After taking office in August 2022, President Gustavo Petro's administration introduced a bill to ban fracking and the exploitation of unconventional reservoirs (YNC, by its Spanish acronym). Although the initiative was approved by the Senate in April 2023, it faced strong opposition in the House of Representatives, where it was ultimately shelved in June 2024 (Ministry of Environment, 2024). This legislative setback left the possibility of a total ban in suspense.

At the same time, Ruling C-389 of 2023 by the Constitutional Court added further complexity to the debate. Although its primary focus was on tax-related matters, the ruling explicitly acknowledged the tension between economic development and environmental protection, establishing stricter standards for extractive projects. As Triana (2023) points out, this ruling came in a context where the discussion around oil reserves versus energy transition dominated the public agenda.

Throughout 2024, the regulatory landscape for fracking in Colombia was shaped by two key developments: the definitive shelving of the bill seeking its prohibition and the continued suspension of the Com-prehensive Research Pilot Projects (PPN, by its Spanish acronym) Kalé (Ecopetrol) and Platero (ExxonMobil), in the Middle Magdalena Valley. This deadlock was compounded by a ruling issued after Ruling C-389 of 2023, in which the Constitutional Court ordered the Government to conduct prior consultations for fracking activities in the Magdalena Medio region (Buitrago, 2024). Although the decision underscored the binding and substantive (not merely procedural) nature of participation, it generated uncertainty regarding the feasibility of reactivating the pilot projects. It made clear that without effective guarantees for affected communities, any progress would be legally unviable.

In the first half of 2025, uncertainty persists. Despite the government's renewed attempt to ban the technique through a fast-tracked bill submitted to Congress with an urgency message (Ámbito Jurídico, 2025), its approval remains subject to complex political negotiations. Meanwhile, the PPIIs remain paralyzed-not only due to the lack of legislative consensus, but also because of unresolved judicial requirements: the prior consultation ordered by the Court continues to be a sine qua non condition for their resumption (Buitrago, 2024). This deadlock is unfolding amid a polarized national debate: while the energy industry (Naturgas, 2025) warns of a potential gas shortage and stresses the need to exploit unconventional reservoirs, the government maintains its commitment to prioritizing the energy transition -though it has yet to present concrete alternatives to replace the energy potential of fracking.

This conflict goes beyond environmental or energy concerns; it reflects a global tension between community rights and technological advances. Techniques such as horizontal drilling, used in fracking, are reshaping historical disputes over property, resource use, and territorial governance.

For example, in parts of northern New Mexico affected by drought, small farmers are confronting oil and gas companies, as well as local and national governments, in a struggle to maintain or redefine water and grazing rights on state and federal lands. There has been a fight for water and community rights in Mora County, New Mexico. Under the Treaty of Guadalupe Hidalgo of 1848 and the New Mexico State Constitution, the water rights of New Mexican ranchers extend to the headwaters of small streams and tributaries of the internationally governed Rio Grande (Valencia & Carrillo, 2016), However, the now technically viable exploitation of hydrocarbons on federal lands has displaced local communities, forcing their subsistence into the judicial arena.

The core of the problem, however, does not lie in the technology itself, but in its use as an instrument of power. Horizontal drilling and fracking have exacerbated underlying conflicts between:

This triad illustrates how technological innovation, far from being neutral, redefines power dynamics: in Colombia, through demands for participation; in the United States, through litigation over scarce resources. In both cases, what is ultimately at stake is who gets to decide over territories and common goods when the modes of exploitation change.

Community Testimonies and Social Mobilization

Social mobilization has been a decisive factor in the resistance to fracking in Colombia. One of the most emblematic cases is that of the municipality of San Martín, in the department of Cesar. In 2016, this small community became a national symbol of opposition to this extractive practice, thanks to a form of social organization that went beyond street protests to establish itself as a strategic model of terri torial resistance.

Within the framework of this struggle, popular consultations (protected under Article 103 of the Political Constitution) represented not only democratic mechanisms for citizen expression but also became effective legal tools capable of compelling the State to acknowledge the autonomy of territorial entities. This mechanism was later replicated in municipalities such as Fusagasugá and Pijao, demonstrating the power of communities to block extractive projects through direct participation and the legitimate exercise of their rights (Padilla Quevedo, 2019).

Beyond the legal framework, the movement was imbued with a deep ethical and communal sense. The words of Doris Gutiérrez "We cannot allow them to destroy our territory for economic gain (translated by the authors)," capture the spirit of a resistance that prioritized life and care for the environment over profit (Padilla Quevedo, 2019). This stance not only mobilized communities but also resonated within institution-al frameworks: rulings such as SU-123 of 2018 by the Constitutional Court reinforced the right to prior consultation, reaffirming its role as a fundamental guarantee of citizen participation and territorial defense.

However, the case of San Martín also exposed the risks faced by those who oppose the extractivist model in Colombia. Threats from armed groups such as the AGC and attacks against social leaders revealed a pattern of systematic violence aimed at silencing environmental dissent. In response to this adverse context, the community built a network of solidarity-based protection: reports to the IACHR, alliances with international organizations, and rigorous documentation of the aggressions, which contributed to reports such as that of Global Wit-ness, which identifies Colombia as the most dangerous country in the world for environmental defenders (Global Witness, 2024). In this way, the struggle against fracking also became a fight for the physical and cultural survival of communities.

Although San Martín succeeded in halting the implementation of fracking within its territory, its experience exposed deep contradictions in national policy. While President Iván Duque's administration promoted the so-called "pilot projects," the Colombia Free of Fracking Alliance -strengthened by the precedent set in San Martín- advocated for stronger technical and scientific safeguards, leading the Council of State to require independent studies such as those carried out by the National University.

Similarly, in Puerto Wilches, Santander, local communities mobilized in opposition to against the fracking pilot projects in the region. Although the Council of State had suspended the practice of fracking in Colombia, it had not objected to the so-called 'pilot plans' aimed at gathering evidence on the viability of a technique that the Council itself had deemed harmful. Organizations such as the Colombia Free of Fracking Alliance continued to demand that the Council of State declare the implementation of the Comprehensive Research Pilot Projects (PPIIS) unfeasible. These projects had been recognized by the national government through Decree 328 of February 28, 2020. Among them were Kalé, developed by Ecopetrol, and Platero, led by ExxonMobil (Peña Montoya, 2022).

In light of this situation, Puerto Wilches experienced what has been described as a form of "intimidated resignation." Jorge Ardila, spokesperson for the Committee for the Defense of Water and Territory (AguaWil), stated that after five members of the collective received death threats in February 2021, community participation in public anti-fracking activities significantly declined. He also noted that although many opposed fracking, the looming possibility of its implementation -combined with promises of jobs and development made by oil companies- led some residents to consider working on the projects, given the absence of state support and the lack of stable employment in the municipality (Peña Montoya, 2022).

Óscar Sampayo, member of the Yariguíes Regional Corporation and the Study Group on Extractive, Environmental, and Social Issues of the Middle Magdalena Region, argued that promises of progress and employment were intended to divert attention from the potential environmental damage. Sampayo emphasized that the health of an entire territory would be affected, as the Kalé and Platero projects were located less than seven kilometers from vital wetlands such as Paredes and Montecristo, and both were near the Magdalena River. These wetland areas serve as fishing grounds for more than two thousand families and provide irrigation for crops. Sampayo warned of the risk of water contamination, noting that the companies planned to extract large volumes of river water to mix with toxic chemicals and sand raising concerns that this process could eventually contaminate both groundwater and the wetlands (Peña Montoya, 2022).

One of the main arguments put forth by the communities was the right to prior consultation, given that many of the territories affected by fracking projects were inhabited by Indigenous and Afro -descendant communities. These groups demanded that their right to be consulted- established in the Political Constitution of Colombia and in international agreements such as the International Labour Organization's Convention 169-be respected before any extractive activity could begin.

The popular consultations carried out in municipalities such as San Martín set legal precedents that reflected active and decisive community participation. Despite ongoing legal and political challenges, these consultations emerged as symbols of community resistance and concrete expressions of participatory democracy in Colombia.

Fracking Around the World

Rather than a mere catalog of regulations, the international experience offers a comparative framework to understand how different democracies manage the conflict between extractive interests and community rights. The global response to fracking has bifurcated into two governance models that directly mirror the tension currently observed in Colombia:

Fracking in Colombia

Since the beginning of the past decade, Colombia's Agencia Nacional de Hidrocarburos (ANH, by its Spanish acronym) has started studies to grant permits for the use of fracking techniques in six blocks of unconventional hydrocarbon reserves in the Magdalena Medio region. As a result, the Ministry of Mines and Energy issued Resolution 180742 of 2012, which established the procedures for the exploration and exploitation of unconventional reservoirs. In addition, Decree 3004 of 2013 was issued, establishing technical standards and procedures for fracking and unconventional reservoirs, which were later published in Resolution 90341 of March 2014.

Decree 3004 defined an unconventional reservoir as "a rock formation with low primary permeability that requires stimulation to improve hydrocarbon mobility and recovery conditions (translated by the authors)." According to the same regulation, such reservoirs include "gas and oil in tight sands and carbonates, coalbed methane (CBM), gas and oil from shale, methane hydrates, and tar sands" (translated by the authors).

At the time, then-president of Ecopetrol, Juan Carlos Echeverry, expressed his support for fracking, as did the Minister of Mines and Energy, who claimed that the profits from fracking would help finance part of the peace process and the post-conflict era.

When everything seemed to be in place to begin implementation, the Third Section of the Council of State issued an order on November 8, 2018, imposing a precautionary measure to temporarily suspend Decree 3004 of December 26, 2013, "which establishes the criteria and procedures for the exploration and exploitation of hydrocarbons in unconventional reservoirs" (translated by the authors), and Resolution 90341 of 2014 of the Ministry of Mines and Energy, "which establishes technical requirements and procedures for the exploration and exploitation of hydrocarbons in unconventional reservoirs" (translated by the authors).

The chamber clarified that this decision did not prevent the execution of Integral Research Pilot Projects (PPII), included in Chapter 14 of the "Report on environmental (biotic, physical, and social) and economic effects of hydrocarbon exploration in areas where hydraulic fracturing techniques of generating rock through horizontal drilling may be deployed (translated by the authors)" prepared by the Expert Committee convened by the National Government.

Subsequently, in September 2019, the same Council of State upheld the precautionary measures issued in November 2018, suspending the regulations governing fracking in Colombia. However, the decision did not prevent the execution of Integral Research Pilot Projects, outlined in the "Report on environmental (biotic, physical, and social) and economic effects of hydrocarbon exploration in areas where hydraulic fracturing techniques of generating rock through horizontal drilling may be deployed" (own translation), prepared by the Expert Committee convened by the National Government.

During the presidential term of Iván Duque (2018-2022), his gov ernment signed the first contract to develop a pilot hydraulic fracturing project in Colombia. The National Hydrocarbons Agency (ANH), under the Ministry of Mines and Energy, and the state oil company Ecopetrol, signed the contract to execute the Kale Research Project on December 24, 2020.

This project was located in an area known as La Belleza, in the municipality of Puerto Wilches, in the department of Santander, within the Magdalena Medio Valley. Ecopetrol was the company responsible for its execution. The project's objective was to evaluate whether the country could produce and commercialize hydrocarbons extracted using the fracking technique.

The project was valued at USD 76 billion and covered an exploration area of 455 hectares. Drilling was scheduled to begin in mid-2021 after obtaining environmental licenses. This contract was signed despite 50 congressmembers requesting the Executive to suspend the fracking pilot projects.

Finally, a decisive setback came from a judicial ruling: in response to a writ of protection, ordered the suspension of the first fracking pilot project in the country, which was to be carried out in Puerto Wilches, in the department of Santander (eastern Colombia). The suspension was due to the lack of prior consultation with local communities, as required by current regulations.