household,”560 and indicated that the notion of “intersectionality” applies to this group of
victims, owing to the “many kinds of discrimination,” from a combination of causes that include
“their displaced status, their gender, ethnicity, and condition as children.”
309. The Commission indicated that the life of the women has been severely affected,
because they “have had to assume responsibility for the financial support of their families, to
learn to acknowledge and solve their own problems in the world at large, when they have to go
to the different State and private agencies to obtain the humanitarian assistance established by
the laws on internal forced displacement, to participate in diverse organizations to claim their
rights, and to manage complex spatial and cultural references that are different from those of
their place of origin.”
310. Consequently, the Commission concluded that the State was internationally responsible
for failing to comply with its obligation to ensure and respect rights without any discrimination
and the right to equal protection before the law owing to the harm caused by Operation
Genesis, the paramilitary incursions, and the subsequent forced displacement suffered by the
Afro-descendant communities of Cacarica associated in CAVIDA, and by the women heads of
household living in Turbo, in accordance with Article 22 in relation to Articles 1(1) and 24 of the
American Convention.
311. The representatives indicated that “the status of the victims and their special world
vision, which is expressed in their uses and customs, reveals the need for the legal analysis of
this case to be undertaken from a differentiated perspective that recognizes this.” According to
the representatives, the discrimination is revealed, first, by the failure to comply with the
obligation to ensure the rights of all citizens in equal conditions, because the community was in
a situation of vulnerability and discrimination owing to having been abandoned and suffered
from lack of action by the State and, second, because of the measures taken by the State that
placed the members of the community in inhuman and discriminatory situations that
disregarded their cultural customs.
312. The representatives also maintained that, in Colombia, “racial discrimination attains
levels that are a cause for concern.” They indicated that Afro-descendants are identified by the
word “negro/a” (black), which is used “pejoratively” or in a “despective manner.” They also
indicated that, in that context, “the members of the communities were labelled guerrillas, in
order to justify the violence used against them and the displacement of which they were victim,
generating feelings of guilt and criminalization in the collective conscience.” In addition, the
representatives indicated that their “honor and reputation were adversely affected, because
being categorized as a member of the guerrilla in [… Colombia], not only converts an individual
into a military objective, but also distorts the image of that individual before the State and the
population in general” in violation of Article 11(1) and 11(2) of the American Convention.
313. Lastly, the representatives affirmed that, “when the paramilitaries cut off the head of
Marino López and took it like a trophy to a large flat area of the village where they exclaimed in
front of the people ‘look, he’s got a monkey’s face, the son of a bitch,’ they harmed the honor
and reputation not only of Marino López and his family, but also of all the members of the Afrodescendant communities.”
314. The State considered that it is not responsible for the “presumed violation of the right to
equality” and indicated that in “these proceedings, sufficient evidence has been provided to
prove that the emergency humanitarian aid to the displaced and the actions to ensure the
560
Regarding the women heads of household, the Commission affirmed that the “changes in roles and
responsibilities arising from the displacement are fundamentally associatd with the need to guarante the basic needs of
the families and with the opportunities they find to achieve this,” as a result of which “the displaced women have had to
assume responsibility for the financial support of their families, to learn to acknowledge and solve their own problems in
the world at large, when they have to go to the different State and private agencies to obtain humanitarian assistance,”
among other activities.
105
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