2) Subsequently, by Decision 005 of January 26, 2009, concerning the “[p]rotection
of the fundamental rights of the Afro-descendant population, victim of forced
displacement, in the context of the state of unconstitutionality declared in judgment T025 of 2004,” the Second Review Chamber of the Constitutional Court declared the
members of the said population to be “subject to special constitutional protection.” In
this Decision, the Constitutional Court mentioned the communities of the Jiguamiandó
and of the Curvaradó as “emblematic cases that reflect the gravity of the humanitarian
crisis faced by the Afro-Colombian population regarding whom it is necessary adopt a
specific prevention, attention, and protection plan.” The Constitutional Court stated
that the provisional measures ordered by the Inter-American Court were binding and
ordered compliance with them, stipulating that “[t]hese measures include the request
to the Colombian State that it adopt and maintain mechanisms to protect the life and
personal integrity of the members and of the families of the said communities; that it
ensure to the individuals who belong to them the possibility of continuing to live in the
areas where they have traditionally resided, without coercion or threat, and that it
guarantee to the communities, their members and families that have been displaced,
safe conditions to return to their homes.” In addition, it indicated that the AfroColombian communities should be beneficiaries of “specific protection and attention
plans that guarantee both the collective dimension of their rights, and the rights of the
individuals who are members of these communities, in the context of the policy of
attention to the displaced population and of the differentiated approach.” Thus, the
Constitutional Court ordered: “measures for the protection of the territorial rights of
the Afro-Colombian communities,” and “measures for the protection of the rights of
the Afro-Colombian communities and their members as victims of internal forced
displacement and of confinement.” These measures were to be implemented by
different State authorities. In addition, the Constitutional Court ordered the Ministry of
the Interior and Justice, today Ministry of the Interior, and the Ministry of Defense to
submit bi-monthly reports to the Ombudsman’s Office on the measures taken to
comply with the provisional measures ordered by the Inter-American Court in relation
to the communities of Jiguamiandó and Curvaradó.
3) By the Decision of May 18, 2010, the Special Supervisory Chamber for judgment
T-025 of 2004 and the follow-up decisions of the Constitutional Court (hereinafter
“Special Supervisory Chamber”) recorded the “grave situation of public order in the
region where the communities of Curvaradó and Jiguamiandó are located, [which falls
within the framework …] of conditions inherent in armed conflict.” It also emphasized
the grave situation of danger and of threat of these communities, and indicated that
they had been subjected to “harassment, accusations and persecution, all of which
make it necessary to take measures of prevention, and protection of life and personal
integrity, and to counter possible new displacements.” Therefore, it ordered the
adoption of “preventive measures of immediate protection to safeguard the
fundamental rights of the Afro-Colombian communities of Curvaradó and Jiguamiandó,
victims of forced displacement.” These measures are of both a collective and an
individual nature, the latter in favor of different members and leaders of the
communities.
4) By Decision 384 of December 10, 2010, the Special Supervisory Chamber
granted the Ministry of the Interior an extension of the time frame for complying with
the orders issued by the Decision of May 18, 2010 (supra considering paragraph
49.3), and ordered the Ministry to present bi-monthly reports on progress in
implementing them.
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