B.
Considerations of the Court
172. Article 22(1) of the Convention recognizes the right to freedom of movement and
residence. In this regard, the Court has established in other cases that this article also
protects the right not to be forcibly displaced within a State Party.258
173. In this regard, the Court has considered that the United Nations Guiding Principles on
Internal Displacement259 are particularly relevant to determine the content and scope of
Article 22 of the American Convention.260 The principles state that “internally displaced
persons are persons or groups of persons who have been forced or obliged to flee or to
leave their homes or places of habitual residence, in particular as a result of or in order to
avoid the effects of armed conflict, situations of generalized violence [or] violations of
human rights […] and who have not crossed an internationally recognized State border.261
174. This Court has established that, given the complexity of the phenomenon of internal
displacement and the broad range of human rights that it effects or that are put at risk, and
based on the circumstances of special vulnerability and defenselessness in which the
displaced generally find themselves, their situation can be understood as a de facto
condition of lack of protection.262 In keeping with the American Convention, this situation
obliges the States to adopt positive measures to reverse the effects of the said condition of
weakness, vulnerability and defenselessness, including vis-à-vis the actions and practices of
private individuals.263
175. Thus, this Court has indicated that the right to freedom of movement and residence
can be violated by de facto restrictions, if the State has not established the conditions or
provided the means to allow that right to be exercised;264 for example, when a person is a
258
Cf. Case of the Mapiripán Massacre v. Colombia. Merits, reparations and costs. Judgment of September
15, 2005. Series C No. 134, para. 188, and Case of Chitay Nech et al. v. Guatemala, supra, para. 139.
259
Cf. Commission on Human Rights, United Nations Guiding Principles on Internal Displacement,
E/CN.4/1998/53/Add.2 of 11 February 1998, p. 5. Annex. Introduction: scope and purpose. (No. 2). Available at:
http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G98/104/93/PDF/G9810493.pdf?OpenElement. These principles
have been recognized by the international community. See also, United Nations, General Assembly, Protection of
and assistance to internally displaced persons A/RES/64/162, of 17 March 2010, p.1. Available at:
http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/64/162. See also, Council of Europe, Committee of
Ministers, Recommendation Rec (2006)6 to member states on internally displaced persons, 5 April 2006. Available
at:https://wcd.coe.int/ViewDoc.jsp?id=987573&BackColorInternet=9999CC&BackColorIntranet=FFBB55&BackColo
rLogged=FFAC75; African Union, Convention for the Protection and Assistance of Internally Displaced Persons in
Africa (Kampala Convention), 23 October 2009, article 1, K). Available at: http://www.unhcr.org/4ae9bede9.html;
Human Rights Council, Report presented by the Representative of the Secretary-General on the human rights of
internally displaced persons, Walter Kalin. A/HRC/13/21/Add.3, p.4. II.4. Available at: http://www2.ohchr.org/
english/bodies/hrcouncil/docs/13session/A-HRC-13-21-Add.3.pdf.
260
Cf. Case of the Moiwana Community v. Suriname Preliminary objections, merits, reparations and costs.
Judgment of June 15, 2005. Series C No. 124, para. 111, and Case of Chitay Nech et al. v. Guatemala, supra, para.
140.
261
United Nations Guiding Principles on Internal Displacement, supra, para. 2. In this regard, the General
Assembly of the Organization of American States has recommended that the States use the Guiding Principles as a
basis for developing their policies, and even that they incorporate them into their domestic law, in order to promote
implementation. Cf. AG/RES. 2508 (XXXIX-O/09) “Internally Displaced Persons,” approved at the fourth plenary
session held on June 4, 2009, operative paragraph 2 (Available at: www.oas.org/dil/esp/AG-RES_2508-2009.doc).
262
Cf. Case of the Mapiripán Massacre v. Colombia, supra, para. 177, and Case of Chitay Nech et al. v.
Guatemala, para. 141.
263
Cf. Case of the Mapiripán Massacre v. Colombia, supra, para. 179, and Case of Chitay Nech et al. v.
Guatemala, supra, para. 141.
264
Cf. Case of the Moiwana Community v. Suriname, supra, paras. 119 and 120, and Case of Chitay Nech et
al. v. Guatemala, supra, para. 142.
66
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