69 continues. Finally, the Commission reiterates that not all of those displaced have returned to their place of origin, and there are those who continue to be in a state of forced displacement. 305. While the displaced were settled in Turbo, the State failed to provide food and water in sufficient quantities. In November 1997, it officially suspended the aid to 75 families for lack of funds, and illnesses increased, in particular among the children who in various cases suffered from malnutrition and other diseases. The displaced suffered overcrowded conditions and their living conditions in 1999 were difficult. The majority of the displaced were sleeping on the floor with no privacy. 306. The State aided the undertaking of minimum works of basic sanitation (drainage and piping of waste water), and from February 1999 until March 2001, it paid for water and electricity services at the dwellings and the stadium. In 1999, the State co-financed a school and provided educational materials and implements for a kitchen, classroom and kindergartens. It also lent food aid between May 1999 and December 6, 2000 and from November 1999 it organized access to medical care. It also lent agricultural aid. However, the displaced lacked adequate and sufficient basic hygiene, food, housing, health and educational services. 307. During the displacement to Panama, some children were lost in the jungle and after settling in impromptu camps in the Darién region were forced to return to Colombia. Some were initially crowded into a dwelling in Apartadó without adequate sanitation. One group was forcefully transferred by the State to Bahía Cupica and placed on a farm. The displaced only had access to one doctor and there were no medicines for serious illnesses. The displaced received food aid from the State between January 2000 and December 6, 2000. However, the State did not provide them with adequate or sufficient humanitarian assistance. 308. In this respect, the Commission recalls that the United Nations Committee on Economic, Social and Cultural Rights has established that the State must guarantee that persons have access at 326 least to sufficient essential and nutritionally adequate food to protect them against starvation. 309. The Commission recognizes and appreciates the initiatives undertaken by Colombia with regard to the humanitarian aid given to the displaced in the Turbo settlement, and that it aided the return of the displaced and assisted them (see supra III.B). In this respect, for the period under analysis, there was a consensus among national observers and representatives of international organizations that Colombia had made some efforts to try to provide solutions for the displaced persons, but that the policy 327 adopted up until now to confront the displacement has not been sufficient. Therefore the Commission considers that regarding the situation of forced displacement under analysis, the measures adopted by the State were insufficient and inadequate for reversing the condition of vulnerability of the displaced persons. 310. Regarding the State's allegations that the humanitarian aid provided prevented or minimized the damages caused by the displacement and the consequences of human rights violations, and that it repaired the damages caused, the Commission believes it is relevant to reiterate the difference between the concepts of "reparations" and "humanitarian aid". In actual fact, the Commission has emphasized that "the concept of reparations is based on a principle of liability or legal obligation, in 328 contrast to an ex gratia payment." In this sense, the victims of displacement have the right to obtain reparations for gross violations committed by the State that have been determined by legal action, as it 326 Annex 95. United Nations ECOSOC. General Comment No. 12. The Right to Adequate Food (Art.11), May 12, 1999, para. 14.At: http://www.unhchr.ch/tbs/doc.nsf/0/3d02758c707031d58025677f003b73b9. 327 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, para. 80. At: http://www.cidh.org/countryrep/Colom99en/table%20of%20contents.htm. 328 Anex 96. IACHR Principal Guidelines for a Comprehensive Reparations Policy, OEA/Ser/L/V/II.131 Doc. 1, February 19, 2008, para. 7. At: http://www.cidh.org/pdf%20files/Lineamientos%20Reparacion%20Administrativa%2014%20mar%202008%20ENG%20final.pdf.

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