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violations of human rights or natural or human-made disasters, and who have not crossed an
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internationally recognized State border.
Colombian law also defines the concept of displacement,
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using a similar definition to the Guiding Principles.
269.
In his introductory report to the Guiding Principles, Francis Deng stressed that
[o]ften the consequence of traumatic experiences with violent conflicts, gross violations of human
rights and related causes in which discrimination features significantly, displacement nearly always
generates conditions of severe hardship and suffering for the affected populations. It breaks up
families, cuts social and cultural ties, terminates dependable employment relationships, disrupts
educational opportunities, denies access to such vital necessities as food, shelter, and medicine,
and exposes innocent persons to such acts of violence as attacks on camps, disappearances and
rape. Whether they cluster in camps, escape into the countryside to hide from potential sources of
persecution and violence or submerge into the community of the equally poor and dispossessed,
the internally displaced are among the most vulnerable populations, desperately in need of
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protection and assistance.
270.
Both the Commission and the Inter-American Court have established that Colombia is
affected by a generalized situation of internal forced displacements caused by the internal armed conflict.
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This phenomenon, which began in the decade of the eighties, has become progressively worse and is
such that on September 30, 2009, the Sole Displaced Population Register of Colombia recorded a total of
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3,226,442 internally displaced persons.
271.
In its Third Report, the Commission paid special attention to the phenomenon of internal
displacement, considering it one of the most serious aspects of the general human rights situation in
Colombia, and a humanitarian disaster. It considered that the situation of the displaced persons was
particularly tragic and cruel, and there were a disproportionate number of persons requiring attention and
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special services, such as children, elderly people and pregnant women.
272.
In the said report, the IACHR stressed that in 1996, the Ombudsman evaluated that
the migration of these people arises from the fact that members of the military and police,
paramilitary organizations, and armed groups force them to flee their homes and occupations to
avoid death, torture, insults, and other misfortunes visited on their relatives, friends and neighbors.
Displacement in Colombia is the joint responsibility of all sides in the conflict and reveals that the
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warring factions have an utter contempt for basic principles of humanity.
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Annex 90. UN Guiding Principles on Internal Displacement, E/CN.4/1998/53/Add.2 of February 11, 1998. See:
http://www.un-documents.net/gpid.htm.
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Article 1 of Law 387 establishes that: an individual is displaced when he is forced to move within the national territory,
abandoning his place of residence or habitual economic activities, because his life, physical integrity, security or personal liberty has
been affected or is being directly threatened, in any of the following situations: internal armed conflict, disturbances and internal
unrest, widespread violence, massive violations of human rights, breaches of IHL or other circumstances emanating from the
foregoing situations which may drastically disturb public order. IACHR. Third Report on the Situation of Human Rights in Colombia,
Ch. IV. OEA/Ser.L/V/II.102 Doc. 9 rev. 1, February 26, 1999, para. 11.
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Annex 90. Introductory note to the Guiding Principles, para. 1. United Nations Guiding Principles on Internal
Displacement, E/CN.4/1998/53/Add.2 of February 11, 1998. See: http://www.un-documents.net/gpid.htm.
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In 2005, the Inter-American Court pointed out that the phenomenon of displacement "currently affects a population
which varies between 1.5 and 3 million displaced persons." I/A Court H.R. Case of the “Mapiripán Massacre” v. Colombia. Judgment
of September 15, 2005. Series C No. 134, para. 173.
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For its part, Consultancy for Human Rights and Displacement (CODHES) speaks of a total of 4, 629, 190 internally
displaced persons up until the end of 2008. Annex 91. IACHR Annual Report, 2009, Chap. IV Colombia. OEA/Ser.L/V/II. Doc. 51
corr. 130 December 2009, para. 82.
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Annex 15. IACHR. Third Report on the Situation of Human Rights in Colombia, Ch. IV. OEA/Ser.L/V/II.102 Doc. 9 rev.
1, February 26, 1999, paras. 1 and 2. At: http://www.cidh.org/countryrep/Colom99en/table%20of%20contents.htm.
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Ombudsman’s Office, Ombudsman's Third Annual Report to the Congress of Colombia, 1996, p. 82, Cited in: IACHR.
Third Report on the Situation of Human Rights in Colombia, Ch.IV. OEA/Ser.L/V/II.102 Doc. 9 rev. 1, February 26, 1999, para. 63.
http://www.cidh.org/countryrep/Colom99sp/capitulo-6.htm - 27#27.