64 creation of an action plan to overcome the unconstitutional state of affairs in the absence of public policies on displacement; making every possible effort to obtain the necessary funding required to attend to the displaced and to guarantee the effective enjoym ent of the essential content of the basic rights of a displaced population. The Constitutional Court also recognized in the Afro descendant population the nature of subjects needing special constitutional protection, justifying "the adoption of positive differentiation measures, which will serve their special state of vulnerability and defenselessness and will tend, through preferential treatment, to contribute to the 301 effective enjoyment of their rights." 282. In the follow-up on compliance of the said judgment, the Court issued two orders of special relevance to the present case. Order 005 of 2009, on protection of the fundamental rights of the population of Afro-descendant victims of the forced displacement and Order 092 of 2008 on displaced women. In 2009, the Court ordered the Director of Social Action in his role as coordinator of the National Comprehensive Aid System for the Displaced Population, to demonstrate that the unconstitutional state of affairs had been overcome before the Second 302 Revision Chamber of the Constitutional Court in July 2010. 283. In Order 005, the Constitutional Court undertook an exhaustive analysis about the need for a differentiated approach which would take into account the diversity of the displaced Afro-descendants. In this respect, the Constitutional Court specified that the fundamental rights of the members of Afro-descendant populations are harmed by forced displacement since they are "specially protected groups 'by reason of the precarious conditions confronting persons who a re 303 forced to displace '". In addition, the Court has recognized the State's international 304 agreements in matters of the international law of human rights and international humanitarian law, which "oblige the authorities to adopt a preventive approach to force displacement which should be sufficiently differentiated and specific in order to influence the basic causes of this phenomenon and its disproportionate impact on Afro-descendant communities and their 305 members". In this decision, the Constitutional Court recognized the lack of prioritized and differentiated attention to these populations and ordered the different State institutions to implement the appropriate policies for the effective enjoyment of the fundamental rights of the 306 displaced Afro-descendant population. 284. In Order 092 of 2008, relating to the protection of the fundamental rights of women displaced by the armed conflict, the Constitutional Court observed that forced displacement has a 301 Annex 21. Constitutional Court of Colombia. http://www.corteconstitucional.gov.co/relatoria/Autos/2008/A092-08.htm. 302 Annex 21. See IACHR Annual Report http://www.cidh.org/annualrep/2009sp/cap.4Colo.09.sp.htm. 2009, Judgment Ch. IV T-025/04 Colombia, of January paras. 87 22, 2004. and 88. At: See: 303 Annex 62. Constitutional Court, Order 005-09, January 26, 2009. See IACHR Annual Report 2009, Ch. IV Colombia, para. 119. See: http://www.corteconstitucional.gov.co/relatoria/Autos/2009/A005-09.htm. 304 The Constitutional Court recognizes in relation to the applicable international obligations that [...] iii) the American Convention on Human Rights reiterates the obligation of states parties to undertake 'to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color [...], national or social origin, economic status, birth, or any other social condition" (Art. 1) and the right of all persons to "equal protection of the law, without discrimination" (Art. 24). Annex 62. Constitutional Court, Order 005-09, January 26, 2009. See IACHR Annual Report 2009, Ch. IV Colombia, para. 120. See: http://www.corteconstitucional.gov.co/relatoria/Autos/2009/A005-09.htm. 305 See Annex 91. IACHR Annual http://www.cidh.org/annualrep/2009sp/cap.4Colo.09.sp.htm. Report 2009, Ch. IV Colombia, para. 120. See: 306 Annex 62. Constitutional Court, Order 005-09, January 26, 2009. See: http://www.corteconstitucional.gov.co/relatoria/Autos/2009/A005-09.htm. On October 30, 2009, the State presented a report on the progress in fulfilling Order 005 of 2009 to the Constitutional Court. See IACHR Annual Report 2009, Ch. IV Colombia, para. 121.

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