The National Federation of the Wood Industry (Fedemaderas) filed an action for annulment and requested an urgent temporary suspension against Decree 1191 of 2025 issued on November 12 by the national government. The action, filed with the Council of State and led by former President of the Constitutional Court José Fernando Reyes Cuartas, questions the constitutionality of the rule allowing the early sale of assets related to legal proceedings. According to the lawsuit, the measure jeopardizes legal security, property rights and the future of thousands of families and productive projects in the Colombian forestry sector.
Decree 1191 of 2025, issued by the Ministry of Justice and Legal Affairs with the support of the Ministry of Agriculture and Rural Development and the Social Prosperity Management Department, allows the state to sell assets that are only in the initial stages of legal proceedings.
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According to the union, the provision revives mechanisms previously declared unconstitutional by the Constitutional Court and distorts the reparative meaning given to the Victims’ Reparation Fund (FRV). The lawsuit alleges that the scheme exposes more than a thousand families to the loss of their property and threatens the continuity of productive projects that span a large forestry network. It also warns of the risk of re-victimization of vulnerable communities that have worked for decades to recover and make their lands productive.
The lawsuit lists a number of violations of conventional, constitutional, legal norms and international investment protection agreements. At the international level, it cites the American Convention on Human Rights and states that the decree violates the right to private property (Article 21) by allowing the deprivation of property without judicial judgment or fair compensation and without following the procedure for forfeiture of property.
It is also claimed that judicial guarantees are compromised (Article 8.1), since the ownership decision is made by an administrative act and not by a competent court, and effective judicial protection (Article 25), since judicial remedies are ineffective after the transfer of ownership.
At the constitutional levelThe lawsuit cites Article 243 on constitutional res judicata and argues that the decree revives a premature alienation mechanism already declared unenforceable by judgment C-142/2025.
It also states that it violates the following articles:
- Article 34: The law prohibiting confiscation and establishing judicial reservation is also considered violated, since the transfer of ownership is carried out by administrative act and without full compensation.
- Article 189.11: with regard to the regulatory power of the executive is affected because the decree creates new grounds for alienation not provided for in the law and changes legal procedures.
- Article 29: about due process
- Article 58: Property rights are considered violated because the judicial process is replaced by a unilateral and expedited administrative procedure.
- Article 54 of Law 975 of 2005: It only allows the alienation of assets already owned by the FRV, while the decree covers assets under mere pledge, the ownership of which remains in the hands of individuals.
- Article 177 of Law 1448 of 2011: stipulates that the FRV manages existing assets that are not subject to domain forfeiture and Law 1708 of 2014 (Domain Forfeiture Code) stipulates that domain forfeiture must be a judicial and not an administrative measure.
Finally, the statement of claim argues that the decree violates international treaties protecting foreign investors by allowing the withdrawal of assets without full compensation, due process or judicial decision, and through administrative acts that alter the legitimate expectations of investors.
The application of Decree 1191 of 2025 would have an impact on the Colombian forestry sector. More than 4,000 families and productive projects covering more than 100,000 hectares would be threatened by the possibility of losing their land and the fruits of decades of labor. The lawsuit warns that the measure could lead to the disappearance of productive initiatives and the revictimization of communities that have returned to their areas to rebuild their lives and promote community coexistence.
Against this background, the managing director of Fedemaderas, Juan Miguel Vásquez, described a serious situation for the sector. According to him, the forestry industry in Colombia has been in a major dilemma for several years.
“On the one hand, we are a country with a very high level of forestry talent, which would allow us to promote a wood bioeconomy with unmatched competitive advantages over other sectors of the economy of a non-renewable nature, but We were unable to reflect this in the indices, which reflect a contribution to GDP of less than 1%, the use of wood in construction is less than 2%.low consumption per capita that does not reach 0.15 cubic meters per year, which, among other things, corresponds to a trade deficit of more than $ 923 million,” the leader said.
Vásquez emphasized the need for a stable legal environment for the development of the sector. “Therefore, there is a need for real and stable legal certainty that creates confidence for national and foreign investments committed to the reindustrialization of the country, the rural economy, food sovereignty and the sustainable development of the regions,” he added.
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