69
125(105) It has been determined that the humanitarian crisis caused by internal
displacement is so great that it entails a “massive, prolonged and systematic”
violation of several of this group’s fundamental rights.155
125(106) The reasons for the accentuated vulnerability of the displaced and its
manifestations have been described from different perspectives. This vulnerability is
reinforced by the fact that most of the displaced come from rural areas; also serious
psychological repercussions in those affected have been diagnosed. The problem
affects women most, since they are usually the household heads and represent more
than half the displaced population. In general, women, children and adolescents are
those most affected by displacement. The internal displacement crisis causes, in
turn, a security crisis because the groups of internally displaced become a new
resource or source of recruitment for paramilitary, drug-trafficking and guerrilla
groups. The return of the displaced to their homes is often characterized by the
absence of the necessary safety and humanitarian conditions.156
125(107) The departments most affected by this factor have been: Antioquia,
Santander, Meta, Córdoba and Boyacá, as regions “responsible for the expulsion” of
most of the population concerned, while the departments of Cundinamarca,
Santander, Antioquia, Córdoba, Norte de Santander, Boyacá and Atlántico have
received most of the displaced.157
125(108) A wide variety of public policies have been implemented with regard to the
problem of displacement, including many laws, decrees, documents of the National
Economic and Social Policy Council (CONPES)
,
presidential
orders
and
resolutions, and cooperation programs run by national and international
organizations and individuals. The most important of these are: Act 37 of July 18,
1997, “adopting measures for the prevention of forced displacement; the care,
protection, social and economic stabilization and consolidation of the internally
displaced by the violence in the Republic of Colombia”; Decree 250 of February 7,
2005, “issuing the National Plan for Integral Attention to the Population Displaced by
Violence, and ordering other provisions”; and Decree 2007 of September 24, 2001,
“partially regulating articles 7, 17 and 19 of Act 37 of 1997, concerning prompt
155
Cf. judgment T025 of January 22, 2004, issued by the Third Review Chamber of the
Constitutional Court (file of attachments to the brief answering the application, tome III, Appendix 30, ff.
4363 to 4747hh).
156
Cf. judgment T025 of January 22, 2004, issued by the Third Review Chamber of the
Constitutional Court (file of attachments to the brief answering the application, tome III, Appendix 30, ff.
4363 to 4747hh); judgment T-721/03 of August 20, 2003, issued by the Eighth Review Chamber of the
Constitutional Court; National Program for Integral Care for the Population Displaced by Violence –
CONPES – Presidential Human Rights Council, document 2804 of September 13, 1995, National Planning
Department of the Ministry of the Interior; Economic, Social and Cultural Rights, Report of the Special
Rapporteur on adequate housing as a component of the right to an adequate standard of living,
E/CN.4/2005/48, March 3, 2005, para. 38; and Report of the United Nations High Commissioner for
Human Rights on the situation of human rights in Colombia, E/CN.4/2003/13, February 24, 2003, para.
94.
157
Cf. National Program for Integral Care for the Population Displaced by Violence – CONPES –
Presidential Human Rights Council, document 2804 of September 13, 1995, National Planning Department
of the Ministry of the Interior, p. 3; Report of the United Nations High Commissioner for Human Rights on
the situation of human rights in Colombia, E/CN.4/2003/13, February 24, 2003, and Report of the United
Nations High Commissioner for Human Rights on the situation of human rights in Colombia,
E/CN.4/2001/15, March 20, 2001.
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