89
(d)
Despite the requests for protection made by the civic, political and
social leaders of Ituango, armed agents “entered several of the Ituango
municipal districts on repeated occasions and, by means of [...] selective
murders and [...] threats, fostered the forced displacement of families and
communities;
(e)
The State is responsible for the forced displacement “owing to the
departmental government’s negligence in not preventing the human rights
violations they had been warned about, and to the direct acts of its agents,
who contributed to and participated in the multiple crimes committed by the
paramilitary groups”;
(f)
Even
though
national
and
international
non-governmental
organizations and also inter-governmental entities and the Colombian
Constitutional Court were aware of the displacement, the State “has neither
developed any public policy to deal with the causes of forced displacements,
nor [...] has it taken measures to avoid them.” In the “few” laws relating to
forced displacement, Colombia “has not tackled the causes of the problem but
merely some of its effects; such laws deal fundamentally with registration,
basic health programs and provisional shelter.” Owing to the “inadequacy” of
domestic laws, “on many occasions, the maximum constitutional tribunal, the
Colombian Constitutional Court, has ruled on this grave human rights
violation in relation to the right to protection;
(g)
In addition, the State “has not ensured that these displaced persons
and their families have identity documents and, in some cases, death
certificates, so that they can exercise their rights and claim the corresponding
protection and reparation from the authorities”;
(h)
Forced displacement “violates fundamental rights, including the right
to freedom of movement and residence.” Also, the displacement resulted in
the people “being arbitrarily deprived of the right to education, because they
had to find a new livelihood.” The alleged victims have suffered “devastating”
psychological effects;
(i)
The violations of freedom of movement and residence established in
Article 22 of the American Convention must be interpreted in the context of
“three phases of displacement,” which are:
i.
ii.
iii.
“Prevention of the violation, which imposes on States the
obligation to protect the population, in order to avoid its
expulsion from its usual place of residence and so that it can
exercise its fundamental rights”;
“The obligation to guarantee to those who have been victims of
the violation the minimum conditions necessary for subsistence,
which they were deprived of when they were displaced; this is
simply food, housing and health care”;
Creation of “the conditions for the return of the displaced, not
merely from a material point of view, but fundamentally [...]
creating the conditions to ensure that the facts are not repeated
in the place from which they were expelled; in other words,
that the facts are investigated and those responsible are
prosecuted and punished”;
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