52
rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion,
political or other opinion, national or social origin, economic status, birth, or any other social
condition.
277.
The Inter-American Court has held that article 22.1 of the Convention “protects the right
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not to be forcibly displaced within a State party. The Court has also ruled that “liberty of movement is
287
an indispensable condition for the free development of a person” . Furthermore the Court has
recognized that:
By reason of the complexity of the phenomena of internal displacement and the broad range of
human rights that it affects or jeopardizes, and in light of the circumstances of special vulnerability
and defenselessness in which displaced persons generally find themselves, this situation may be
understood as a de facto lack of protection. This situation, according to the American Convention,
obliges States to take positive measures to reverse the effects of their condition of weakness,
vulnerability and defenselessness, including vis-à-vis the actions and practices of other
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individuals.
278.
The Commission considers that the phenomenon of forced displacement cannot be
viewed in isolation from other violations, by virtue of its complexity and the broad range of human rights
that it affects or jeopardizes, and in light of the circumstances of special weakness, vulnerability and
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defenselessness in which displaced persons generally find themselves . The Inter-American Court has
declared itself on the phenomenon of forced displacement in the following manner:
The circumstances of the present case and the special and complex situation of vulnerability that
affects those persons include but go beyond the content of the protection that States are bound to
provide pursuant to article 22 of the Convention. In effect, displacement originates in the lack of
protections suffered during the massacre and reveals its effects in violations of their personal
integrity (...) and in the consequences of the failure to investigate the facts, which have led to
impunity (...). Beyond the normative content of article 22 of the Convention, the situation of
displacement examined here has also affected the right (...) of the victims to a decent life (...) in
relation to failure to fulfill the obligations to respect and guarantee the rights enshrined in those
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rules.
279.
In the case of the Moiwana Village vs. Suriname, the Court held that the fear that the
displaced survivors felt for their safety and the lack of a criminal investigation of the facts deprived them
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of their rights to movement and residence.
280.
As indicated in the Evidence section, and as a consequence of the terror sown among
the population as well as the total destruction of the places where the massacres occurred and the
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I-A Court, Masacre de Mapiripán vs. Colombia. Judgment of 15 September 2005. Series C No. 134, Para. 188.
The Court has also coincided with the view of the United Nations Human Rights Committee in its General Comment No.
27, which declares that the right to freedom of movement and residence consists, inter alia, of the following: a) the right that
everyone lawfully within the territory of a State enjoys, within that territory, the right to move freely and to choose his or her place of
residence; b) the right of every person to return to and remain in his or her own country. The enjoyment of this right must not be
made dependent on any particular purpose or reason for the person wanting to move or to stay in a place.
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I-A Court, Masacre de Mapiripán vs. Colombia. Judgment of 15 September 2005. Series C No. 134, Para. 168;
Moiwana Village vs. Surinam. Judgment of 15 June 2005. Series C No. 124, Para. 110, and Ricardo Canese vs. Paraguay.
Judgment of 31 August 2004. Series C No. 111, Para. 115. UN Human Rights Committee, General Comment no. 27 of 2 November
1999, paras. 1, 4, 5 and 19.
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I-A Court, Chitay Nech et al. vs. Guatemala. Judgment of 25 May 2010, Para. 141
289
I-A Court, Masacre de Mapiripán vs. Colombia. Judgment of 15 September 2005. Series C No. 134, Para. 177
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I-A Court, Masacre de Mapiripán vs. Colombia. Judgment of 15 September 2005. Series C No. 134, Para. 186;
Comunidad Indígena Yakye Axa vs. Paraguay. Sentencia 17 June 2005. Series C No. 125, paras. 162 and 163; and “Instituto de
Reeducación del Menor” vs. Paraguay. Judgment of 2 September 2004. Series C No. 112, Para. 164, and “Street Children”
(Villagrán Morales et al.), Para. 191
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I-A Court., Moiwana Village vs. Surinam. Judgment of 15 June 2005. Series C No. 124, paras. 107 to 121; See also I-A
Court, Ricardo Canese, Judgment of 31 August 2004. Series C No. 111, paras. 113 to 120.