93
circumstances of special vulnerability and defenselessness in which those displaced
usually find themselves, their situation can be understood as a de facto situation of
lack of protection. In the terms of the American Convention, this situation obliges the
States to grant the displaced preferential treatment and to adopt positive measures
to reverse the effects of this situation of vulnerability and defenselessness, including
vis-à-vis acts and practices of individual third parties.200
211. The Colombian Constitutional Court has referred to this situation of
vulnerability of the displaced as follows:
[��] Owing to the circumstances that surround internal displacement, the persons […]
who are obliged “suddenly to abandon their place of residence and their usual economic
activities, being forced to migrate to another place within national territory” to escape
from the violence caused by the internal armed conflict and the systematic disregard for
human rights or international humanitarian law, are exposed to a much higher level of
vulnerability, which entails a grave, massive and systematic violation of their
fundamental rights and, thus, merits that the authorities should grant them special care
and attention. Those displaced due the violence are in a state of vulnerability that makes
them deserve special treatment by the State.201
212. The accentuated vulnerability of the displaced is increased by the fact that
they come from rural areas and that women are usually more affected, since they
are the household heads and represent more than half the displaced population. The
internal displacement crisis leads, in turn, to a security crisis, since the groups of
internally displaced persons become a new resource or a new source of recruitment
for the paramilitary, drug-trafficking and guerrilla groups.202
213. Other major negative effects of internal forced displacement include the loss
of land and housing, marginalization, serious psychological repercussions,
unemployment, increased poverty and the deterioration in living conditions, an
increase in illnesses and mortality, loss of access to communal property, lack of food
security, and social disintegration.203
214. The Court should emphasize that, to confront this problem of internal
displacement, Colombia has adopted a series of measures at the legislative,
administrative and judicial levels, including many laws, decrees, documents of the
National Economic and Social Policy Council (CONPES), resolutions and presidential
directives (supra para. 125(108) and 125(109)). For example, Act 37 of July 18,
1997, established mechanisms for registration and emergency care for the displaced
population.204 However, the Court agrees with the opinion of the Colombian
200
Cf. Case of the “Mapiripán Massacre”, supra note 8, para. 179.
201
Cf. judgment T025 of January 22, 2004, issued by the Third Review Chamber of the
Constitutional Court (file of attachments to the brief answering the application, tome III, Appendix 30, ff.
4363 to 4747hh).
202
Cf. Economic, Social and Cultural Rights, Report of the Special Rapporteur on adequate housing
as a component of the right to an adequate standard of living, E/CN.4/2005/48, of March 3, 2005, para.
38. Also, cf. Case of the “Mapiripán Massacre”, supra note 8, para. 175.
203
Cf. Case of the “Mapiripán Massacre”, supra note 8, para. 175
204
Cf. Act 387 of July 18, 1997, Official gazette No. 43091 of July 24, 1997
(http://www.secretariasenado.gov. co/leyes/L0387_97.HTM).
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