40
groups.137 The Commission also confirmed that these factors had triggered the intra-urban displacement
of dozens of families, who were forced to leave their homes, thereby reinforcing what the paramilitary
called “the reign of silence.”138
F.
State of emergency declared on August 11, 2002 and subsequent decrees
155. On August 11, 2002, during the first term of President Alvaro Uribe Vélez, Colombia
declared a state of emergency.139 As grounds for its decision, the State pointed to the insecurity in the
country and the violations of human rights and international humanitarian law committed against its
citizens.140 Decree 1837, which declared the state of emergency, provided that “measures have to be
taken to restore the rights and freedoms of citizens across the nation, without sacrificing the guarantees
they have under the Constitution and the international treaties that Colombia has signed and ratified on
the subject.”141
156. By a note dated August 12, 2002, the Minister of Foreign Affairs of the Republic of
Colombia informed the OAS Secretary General that a state of emergency had been declared in Colombia
on August 11, 2002.142 In keeping with Article 27(3) of the American Convention on Human Rights, the
State reported the following in that note:
The statement to which I have referred is a result of the recent occurrence of events which
disrupt the normal course of citizens’ activities, causing a state of unrest throughout the nation,
stemming from the surge in attacks against the civilian population and democratic institutions,
particularly against local leaders, committed by outlawed armed groups funded mainly by
resources obtained from drug trafficking, abductions and extortion….
With the use of these powers, the National Government has the legal ability to restrict some
public freedoms and to make use of the right that is the subject of Article 27.1 of the American
Convention on Human Rights. This right is exercised by the Colombian Government through
the issuance of decrees of a legislative nature directly relating to the reasons that gave rise to
the statement, which must be signed by the President and all of his Ministers, and is subject to
oversight of the Constitutional Court …
The provisions that are adopted in the course of the internal state of unrest shall not be
inconsistent with the other obligations that are imposed by the international rule of law and
shall not involve any discrimination based on reasons of race, color, sex, language, religion or
137
IACHR, Report on the Demobilization Process in Colombia, OEA/Ser.L/V/II.120 Doc. 60, December 13, 2004,
paragraph 82.
138
IACHR, Report on the Demobilization Process in Colombia, OEA/Ser.L/V/II.120 Doc. 60, December 13, 2004,
paragraph 82.
139
Annex 49. Office of the President of the Republic, Decree Number 1837 of 2002, August 11, 2002. The decree
resolves “To declare a state of emergency nationwide, for a period of ninety (90) calendar days as of the date of effect of the
present decree,” See p. 4.
140
Annex 49. Office of the President of the Republic, Decree Number 1837 of 2002, August 11, 2002, pp. 1-4.
141
Annex 49. Office of the President of the Republic, Decree Number 1837 of 2002, August 11, 2002, p. 2.
142
Annex 50. Note from the State of Colombia to the OAS Secretary General, DM.OJ. 29607, August 12, 2002,
received by the OAS Department of International Law on August 14, 2002; the States Parties to the American Convention on
Human Rights, the IACHR and the Inter-American Court of Human Rights were notified on August 15, 2002. With its note, the
State attaches a copy of Decree Number 1837 of 2002.