Democratic Center could not stop the minga and, on the contrary, managed to order the Ministry of the Interior to support the mayor’s office in their care

After some senators from the Democratic Center presented a popular action before a Bogotá judge, It was confirmed that the 40th Administrative Circuit Court denied the requested urgent precautionary request and at the same time ordered the District to adopt measures to prevent contagion.

The action was presented by the senators of the Centro Democrático Carlos Felipe Mejía, José Obdulio Gaviria Vélez and Fernando Nicolás Aráujo Rumié, who demanded biosecurity measures in the indigenous minga.

The Court also ordered precautionary measures ex officio and “It obliges the Mayor’s Office of Bogotá to take the necessary actions to guarantee that the Indigenous Minga complies with the Biosafety measures ordered by the National and District Government ”.

In this sense, The ruling issued by the Bogotá Circuit asks indigenous organizations to comply with the biosafety protocols that have been ordered by the National Government and local authorities since the beginning of the pandemic. These consist of: the use of face masks, frequent hand washing and social distancing, in order to minimize the risk of contagion for the members of the Minga and the people of Bogotá.

The circuit judge also linked the Interior and Health ministries so that within their powers, they establish alliances with the Mayor’s Office of Bogotá.

The foregoing, in order to improve care for members of the indigenous minga and the implementation of biosafety measures.

Finally, the judge also ordered the setting up of a ‘work table’ between the authorities, to coordinate in a unified manner all the measures and strategies to avoid the violation of collective rights.

The collaboration between the Ministries and the District would go mainly to the delivery of masks, the provision of sinks and antibacterials. Similarly, the Metropolitan Police of Bogotá was asked to provide security and surveillance to the minga, so that the constitutionally consecrated right to protest is fully complied with.

The judge in charge of issuing the ruling also ordered that the district and national government establish a working group to coordinate “measures and strategies” to avoid the violation of collective rights, and guarantee the enjoyment of a healthy environment, administrative morality, right to social protest, among others. This table must remain until the minga leaves Bogotá and must render weekly reports on the measures required.

According to the judge, As indigenous groups are special subjects of protection against discrimination and precariousness that they have suffered historically, their right to social protest cannot be equated with the concept of agglomeration. For the foregoing “seriously ignores the historical claim of indigenous groups and implies ratifying in an implicit way a status quo that has marginalized them from the country’s political participation and that has prevented their fundamental rights from being recognized,” says the ruling.

In this sense, the judge pointed out that the indigenous community’s right to protest would be violated if their access to Bogotá is conditioned by conducting a prior census, conducting PCR tests, and isolating people with symptoms. The justification is that protest can only be limited by law.