If your company operates, plans to invest, or intends to develop projects in the departments of La Guajira, Magdalena, or Cesar, this news is relevant to you.
On February 12, 2026, the First Section of the Administrative Litigation Chamber of the Council of State declared the nullity of Decree 1500 of 2018, which had defined the Línea Negra an ancestral territory of several ethnically differentiated communities in the Sierra Nevada de Santa Marta.

Why is this relevant to your business?
The Línea Negra encompasses a vast territory covering significant portions of three key departments for the economic development of Colombia’s Caribbean region. If your project is located, or planned to be located, within this area, this ruling changes the rules of the game: the regulatory framework that defined the territorial boundaries no longer exists.

Decree 1500 of 2018 had redefined the traditional and ancestral territory of the Arhuaco, Kogui, Wiwa, and Kankuamo ethnic groups, expressed through the system of sacred sites known as the “Línea Negra.” This territory overlaps with at least 25 populated centers, multiple Indigenous reservations, and privately owned lands where investments in strategic sectors are currently operating or planned.
 

Grounds for the Decision
The Council of State upheld the following claims against Decree 1500 of 2018:

1. Incorrect Statement of Reasons Due to the Absence of Official Cartography
   The Council of State determined that, at the time the decree was issued, the official cartography of the Línea Negra prepared by the Instituto Geográfico Agustín Codazzi (IGAC) did not exist. The official maps were only published on August 9, 2023, five years after the decree was enacted.
   
   Article 5 of Decree 1500 established that the traditional and ancestral territory was “the area delimited in the official cartography adopted by IGAC,” which was described as an “annex and integral part” of the decree. However, the decree was issued without such official cartography, which, in the Council of State’s view, constituted an incorrect statement of reasons affecting the validity of the administrative act.
    
2. Irregular Issuance Due to Failure to Conduct Prior ConsultationThe Council of State concluded that the National Government failed to carry out prior consultation with the Wayúu and Chimila Indigenous communities, as well as with the Community Councils of Black Communities located within the Línea Negra.
   
   The Council of State noted that although Decree 1500 establishes a principle of “respect for acquired rights, third parties, and communities,” in practice the polygon-based territorial delimitation directly affected other ethnic communities whose collective territories overlap with the Línea Negra. This omission violated constitutional provisions and statutory rules governing prior consultation, including Law 21 of 1991 (approving ILO Convention 169).
    
3. Key Aspects of the Judgment
   It is important to highlight that the Council of State acknowledged that a prior consultation process was carried out with the four Sierra Nevada peoples (Arhuaco, Kogui, Wiwa, and Kankuamo), who actively participated in the characterization of sacred sites and in negotiating the content of the decree between 2013 and 2018. However, this process was not extended to the other ethnic communities affected by the territorial delimitation.
   
   The judgment did not question the existence of the Línea Negra as the ancestral territory of the four Sierra Nevada groups, nor did it deny their territorial or cultural rights. The declaration of nullity was based exclusively on procedural defects related to the lack of prior consultation with other communities and the absence of the official cartographic annexes at the time the decree was issued.
    
4. What Does This Mean for Your Project?
   The annulment of Decree 1500 of 2018 creates a regulatory gap that directly impacts the legal certainty of investments in the region. Currently, the only applicable rules would be the resolutions that existed prior to the challenged decree, including Resolution 002 of 1973 resulting in a legal framework different from that established by the annulled regulation.
   
   Uncertainty regarding territorial boundaries may affect environmental licensing processes, prior consultation requirements, among others. However, this situation also represents an opportunity to properly structure projects under the currently applicable legal framework.
    

How Can We Help?
At Brigard Urrutia, we have a team with extensive experience in environmental legal matters related to prior consultation, environmental licensing regimes, and project structuring in territories with the presence of ethnic communities. We can assist you in:

• Assessing the impact of this ruling on your current or planned project.
• Evaluating, from an environmental legal perspective, matters associated with potential prior consultation processes.
• Advising on regulatory risk management.

For this reason, please feel free to contact us at:  ambienteynegociossostenibles@bu.com.co ,
EquipoInfraestructurayServiciosPublicos@bu.com.co