Colombia Court Rules in Favor of RIN Fellow’s Pursuit of Transparency

Colombians’ right to information gets a boost, thanks to the efforts of a Pulitzer Center Rainforest Investigations Network (RIN) Fellow. 

During his tenure as part of the first cohort of Rainforest Investigations Network (RIN) Fellows, César Molinares set out to trace the supply chain of the beef consumed in Colombia. His project revealed that much of the supply came from places of recent deforestation near protected natural areas in the country’s south and east, including the Colombian Amazon. During his research for the project, which began over three years ago, Molinares reached out to grocery stores and others along the supply chain to understand where they source the meat. 

He had the following questions about their sourcing:

• What percentage of meat is bought from direct and indirect suppliers? 
• Where are these suppliers located and have agreements been made to conserve forests? 
• Does the company purchase livestock at auctions and are there controls in place to ensure that suppliers are not located in protected areas? 
• How does the company inform consumers of the meat's origin?
  

One chain of supermarkets, Supertiendas Olímpica, did not fully address these questions, but rather gave evasive and superficial answers, according to Molinares. Olímpica said it refused to answer the questions because the requested information is protected under business or commercial confidentiality.

So, 360-grados.co, a multimedia platform that publishes investigative pieces and is directed by Molinares, decided to seek legal protection. The motion was first denied by two lower courts, which upheld the argument of trade secrecy. But, through a process of appeals, the case made it to the Colombian Constitutional Court. The Court chose to take the case because of its “novel subject matter and [for the] preservation of the general public interest.”

Trade secrecy vs. the public interest

In a report from his 2021 RIN project, Catching the Big Fish Destroying Colombia’s Amazon, Molinares showed through bovine vaccine data a strong correlation between an increase in deforestation near Colombia’s national parks and the increased presence of cattle in these areas. Further reports showed how the tracing system of the cattle's origin didn't account for whether the cattle came from deforested areas in or near natural parks. 

In Colombia, the beef supply chain is far from linear. Much of this market depends on intermediaries to source, fatten, and slaughter cattle born from independent ranchers. Molinares’ questions to the supermarket chain aimed to discover the accountability and traceability mechanisms at use to reassure consumers of the meat's origin, and that those origins did not include deforestation. 

“Here in Colombia, private companies consider that they are not obliged to answer journalists' questions, hiding behind business or commercial secrecy,” Molinares told the Pulitzer Center. “This [verdict] sets a precedent in Colombia, as private companies often refuse to provide information on the grounds that they are not obliged to respond to journalists' request.”

The team at 360-grados.co sought legal support through Dejusticia, a civil society organization for legal and social studies located in Bogotá that's dedicated to human rights and strengthening the rule of law in Colombia and the Global South. Dejusticia supported the entire legal strategy, which argued that the failure to respond to the request for information was a violation of freedom of the press and access to information. 

In addition to Dejusticia, the Foundation for Press Freedom and other civil society organizations in Colombia and abroad supported the case, sending amicus briefs to the Constitutional Court supporting the lawsuit.

“Obviously, the support of the Pulitzer Center was vital because not only did they support my investigation, they were also keeping up with all of the legal battles we initiated,” Molinares said. 

Precedent-setting impact

After years of legal battles, the case made it to one of the highest courts in the country. The Colombian Constitutional Court ruled in Molinares’ favor. The Court said that Molinares' right to information as a Colombian granted him access to details about the beef supply chain. 

This ruling sets a precedent for Colombians, holding up journalists in their effort to bring public attention to systemic issues that affect the environment.

In the Court’s final judgement, the judges explained how Molinares’ investigation into the supply chain and the questions that followed were directly related to a crisis of deforestation and therefore of public interest. Part of the judgement orders Olímpica to respond to Molinares' questions within 10 days.

"In the case under study, the petition was filed by the plaintiff with Olímpica, a retail company, in order to clarify matters related to the way in which the company acquires the beef it offers to its customers and the consequences that its production and supply processes have on the environment," reads a section of the ruling.

"In view of this context, it is observed that the information requested by the plaintiff is of constitutional relevance and of the public interest. Since the year 2000, the world has been losing approximately five million hectares of forest and the rate of extinction of species has increased up to a thousand times more than that which corresponds to natural rates.

"At least 75% of deforestation is attributed to agricultural activities, including clearing forests for cultivation, livestock grazing and the production of commodities such as paper. Precisely, the main catalyst for global deforestation is beef production and land conversion for livestock grazing, which accounts for approximately 41 per cent of deforestation."

Source: Sentencia T-534 DE 2024
Referencia: Expediente T-10.081.018
Asunto: Acción de tutela instaurada por César Augusto Molinares Dueñas en contra de Supertiendas y Droguerías Olímpica S.A.

The judgement clarified that not all of the internal processes of a company can be considered trade secrets. A company’s internal processes are only protected if they provide an economic benefit due to their secret nature, the judgement stated.

Molinares sees this as a boost for transparency investigations: “From now on, journalists in Colombia will be able to use this ruling in their requests to private companies, which will not be able to use as an excuse that the information requested violates their business or trade secrets.”

In a video posted on X, Molinares and Natalia Escobar, environmental justice coordinator for Dejusticia, shared a social media update on the verdict. "There are still points that remain to be resolved," said Escobar, who noted that the rights of all Colombians to information about the environment is still at play, and that the system for tracking cattle is still insufficient for environmental protection. As for his work at 360-grados.co, Molinares said that "of course" he will continue to pursue stories about cattle raising in protected areas.

¡Victoria para el acceso a la información! 🎉 La @cconstitucional respaldó al periodista @cesar_molinares de @360gradoscol y reafirmó que los datos sobre la trazabilidad de la carne son de interés general, fundamentales para combatir la deforestación y el cambio climático. pic.twitter.com/ddegkdCxsn

— Dejusticia (@Dejusticia) January 29, 2025