10
should they have a housing subsidy as part of the economic reparation”. Moreover, even
though the State indicated that it was not a requirement for the beneficiaries of this
measure to be registered in the Oficina Presidencial para la Acción Social to have access to
these legal benefits, said entity stated on June 18, 2008 “that the people who were not
included in the registry [of displaced population] shall have to render a displacement
statement as a mere formality and [in 15 days] they would be registered […] in the
municipality of Valdivia, [which] never happened”. The representatives further indicated that
on “February 16, 2009 and considering the non-compliance with all the commitments
undertaken in this regard, [...] they requested a meeting of compliance with Acción Social,
Fonvivienda and the Environment, Housing and Territorial Development Ministry, entities
that, according to the domestic legislation, are bound to assist the displaced population”;
but such meeting has not been convened up to this date. Likewise, “a specific proposal was
sent [to conduct] the corresponding registration of all the people that form part of
Appendice IV of the Judgment of the Court in the registry of displaced population” and to
“require Fonvivienda to issue a special Order in order to grant the housing subsidies to the
family groups that form part of such appendice”. The representatives have received no
answer in that regard.
29.
That the Commission noted that the problem of displacement “maintains the victims
in a condition of extreme vulnerability” and that “the safety is a necessary element for
[their] return”. Furthermore, it expressed that “should there be no safety conditions for
their return - or until they exist - the Court determined the possibility for the victims to be
relocated in the place they so wish”. Finally, it pointed out that “the organization of the
Municipal Committee, at the earliest possible date, is essential”.
30.
That in this respect, the Tribunal notes that this measure of reparation comprises
two obligations: the obligation to guarantee the security of those surviving victims that
decide to return to the municipality of Ituango. If it is not possible to create such security
conditions, to be able to count on the necessary and sufficient resources to ensure that the
victims of forced displacement mentioned in Appendice IV of the Judgment may resettle in
similar conditions to those they had before these events, in a place they freely and
voluntarily choose.18
31.
That even though the State and the representatives expressed dissenting opinions as
to the current situation of security in the municipality of Ituango, they both pointed out that
the victims of forced displacement do not wish to return to municipal districts
(corregimientos). Therefore, both parties are of the idea that, in compliance with the
Judgment, the State provides said victims with socioeconomic support and access to
housing subsidies. Moreover, according to the last piece of information forwarded in this
regard, the representatives are waiting for the establishment of the Municipal Committee of
Ituango and the Departamental Committee of Antioquia in order to provide the assistance
so required to the displaced population and they are also looking forward to have a meeting
with the state entities in charge of helping the displaced population in order to evaluate the
proposal to grant such housing subsidies to the people indicated in Appendice IV of the
Judgment. In this regard, considering the fact that the State as well as the representatives
have requested permission from the Tribunal to comply with this measure of reparation by
means of socioeconomic aid and access to housing subsidies, the Court deems it is
convenient to allow it, as long as the beneficiaries of the reparation ordered have agreed on
that proposal.
18
Cf. Case of the Ituango Massacres, supra note 7, para. 404.