Abstract
The subjugation of the indigenous right to sovereignty and the basic right to life is illustrated in the experiences of the Wayuu people and their battle with El Cerrejon coal mine. Although both the Colombian State and El Cerrejon appear to uphold the rights of the Wayuu by citing pro-indigenous legislation and enacting projects through corporate social responsibility, these initiatives have failed to protect the Wayuu, resulting in the continued oppression and marginalization of the indigenous. Despite appearing to protect and promote the rights of indigenous peoples, legislation is not implemented, development projects are not carried out to their fulfillment and promises are not kept, whereas foreign interests are made a priority. These superficial attempts to address the needs of the Wayuu along with historically weak state presence in the region have resulted in the uninterrupted exploitation of the Wayuu indigenous people since the colonial era. The difference today is that the State and corporation have created the illusion of an environment that supports indigenous peoples by drafting legislation promoting their rights and by carrying out incomplete development projects. Despite these initiatives, the Wayuu continue to die from dehydration, water related illness, and malnutrition.