guarantee human rights, and its duty to adopt provisions of domestic law, pursuant to
Articles 1 and 2 of the American Convention, to maintain the measures of protection that it
has adopted and that the Court considered pertinent, and to adopt all those that become
necessary subsequently, for as long as the circumstances warrant this. 16
55.
The Court observes that, in this matter, the State has made significant efforts to
respond to the situation of the members of the humanitarian zones and biodiversity zones
mentioned in this Order since the provisional measures in their favor were ordered, and that
it has adopted different tangible and other measures to this end, of both an individual and a
collective nature. In particular, the Court underlines that the Constitutional Court of
Colombia has also ordered measures of protection that cover the beneficiaries of these
measures. Furthermore, the Court appreciates the State’s compliance with its obligation to
provide information periodically on the actions it has taken to implement the provisional
measures, as well as the corresponding observations of both the representatives and the
Inter-American Commission.
56.
Based on all the above, and owing to the specific characteristics of this matter, and
in the understanding that the Constitutional Court of Colombia will continue monitoring
compliance with its order to protect the communities of the Jiguamiandó and Curvaradó
river basins, and that all the other pertinent authorities will continue adopting the series of
measures required to respond to the situation of risk faced by the members of the
humanitarian zones of Nueva Esperanza, Pueblo Nuevo, Caño Claro and El Tesoro, and of
the five biodiversity zones known as Erasmo Sierra, Enrique Petro, Familia Tuberquia, Ligia
María Chaverra and Efrén Romaña, members of the communities of the Jiguamiandó and of
the Curvaradó, in application of the principle of subsidiarity, pursuant to the Preamble of the
American Convention on Human Rights, the Court finds it in order to lift these provisional
measures. Nevertheless, as it has already recalled in this Order, the Court notes that
significant elements of risk still exist for the members of these communities. Therefore, it
should be repeated that Articles 1(1) and 2 of the Convention establish the general
obligations of the States Parties to respect the rights and freedoms recognized therein and
to ensure to all persons subject to their jurisdiction the full and free exercise of those rights
and freedoms, under all circumstances, and to adopt the provisions of domestic law, of both
a legislative or any other nature, that are necessary to this end. In this regard, despite the
lifting of the provisional measures ordered by this Court, the State retains the special
obligation to ensure the rights of these persons through the domestic mechanisms that exist
to this end. 17 Furthermore, the lifting of these measures does not preclude that, if
16
Cf. Case of Carpio Nicolle et al. Provisional measures with regard to Guatemala. Order of the InterAmerican Court of Human Rights of October 25, 2012, twenty-fifth considering paragraph, and Case of Carpio
Nicolle et al. Provisional measures with regard to Guatemala. Order of the Inter-American Court of Human Rights of
July 6, 2009, twentieth considering paragraph. The implications of the principle of subsidiarity were underlined in
the Case of Acevedo Jaramillo et al v. Peru, and in the Case of the Massacres of Santo Domingo v. Colombia, when
the Court recalled that: “the State is the main guarantor of the human rights of the individual, so that, if an act
occurs that violates those rights, it is the State itself that has the obligation to resolve the matter at the domestic
level and to make reparation, before having to respond before international instances such as the inter-American
system for the protection of human rights, which derives from the subsidiary nature of the international
proceedings in relation to the national systems to ensure human rights. The domestic courts and State organs have
the obligation to ensure the implementation of the American Convention at the domestic level.” Cf. Case of
Acevedo Jaramillo et al v. Peru. Interpretation of the judgment on preliminary objections, merits, reparations and
costs. Judgment of November 24, 2006. Series C No. 157, para. 66, and Case of the Massacre of Santo Domingo v.
Colombia. Preliminary objections, merits and reparations. Judgment of November 30, 2012 Series C No. 259, para.
142.
17
Cf. Case of Millacura Llaipén et al. Provisional measures with regard to Colombia. Order of the InterAmerican Court of Human Rights of February 13, 2013, eighteenth considering paragraph, and Case of Gutiérrez
Soler v. Colombia. Provisional measures with regard to Colombia. Order of the Inter-American Court of Human
Rights of October 23, 2012, twenty-first considering paragraph.
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