92
of those who are legally within a State to move freely within this State and choose
their place of residence.195
207. Accordingly, using an evolutive interpretation of Article 22 of the Convention
that takes into account the applicable interpretation norms, and in keeping with
Article 29(b) thereof — which prohibits a restrictive interpretation of rights — the
Court has considered that Article 22(1) of the Convention protects the right not to be
forcibly displaced within a State Party to the Convention.196
208. As has been proved (supra para. 125(104) to 125(110)), the facts of this
case took place in a widespread situation of internal forced displacement that
affected Colombia as a result of the internal armed conflict. Consequently, before
deciding whether these facts constituted a violation by the State of Article 22 of the
Convention to the detriment of the persons allegedly displaced owing to the events
in La Granja and El Aro, the Court finds it necessary to examine, as it has in other
cases,197 the problem of forced displacement in light of international human rights
law and international humanitarian law, as well as the manifestation of this
phenomenon in the context of the internal armed conflict in Colombia.
209. In this regard, the Court considers that the Guiding Principles on Internal
Displacement issued by the Representative of the United Nations Secretary-General
in 1998 are especially relevant to define the content and scope of Article 22 of the
Convention in a context of internal displacement.198 In addition, given the situation
of internal armed conflict in Colombia, the displacement regulations contained in
Protocol II to the 1949 Geneva Conventions are also particularly useful. Specifically,
Article 17 of Protocol II, which prohibits ordering the displacement of the civilian
population for reasons connected with the conflict, unless the security of the civilians
involved or imperative military reasons so demand. And, in that case, “all possible
measures shall be taken in order that the civilian population may be received under
satisfactory conditions of shelter, hygiene, health, safety and nutrition.” In this
regard, the Colombian Constitutional Court has considered that “in the case of
Colombia, the application of these rules by the parties in conflict is particularly
urgent and important, because the armed conflict in the country has gravely affected
the civilian population, as shown, for example, by the alarming data on forced
displacement of persons.”199
210. Owing to the complexity of the phenomenon of internal displacement and the
wide range of human rights affected and jeopardized, and taking into account the
195
Cf. Case of the “Mapiripán Massacre”, supra note 8, para. 168; Case of the Moiwana Community,
supra note 12, para. 110; and Case of Ricardo Canese, supra note 194, para. 115. Likewise, cf. The
United Nations Human Rights Committee, General comment No. 27 of 2 November 1999, paras. 1, 4, 5
and 19.
196
Cf. Case of the “Mapiripán Massacre”, supra note 8, para. 188.
197
Cf. Case of the “Mapiripán Massacre”, supra note 8, para. 169.
198
Cf. the United Nations Guiding Principles on Internal Displacement, E/CN.4/1998/53/Add.2 of
February 11, 1998; see also, Case of the “Mapiripán Massacre”, supra note 8, para. 171; Case of the
Moiwana Community, supra note 12, paras. 113 to 120.
199
Cf. judgment C-225/95 of May 18, 1995, delivered by the Constitutional Court, para. 33.
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