63
294
men look for some kind of work in or away from the immediate vicinity of their new location.
As regards
the children, the Colombian Episcopal Conference recorded that approximately 70% of displaced persons
295
were minors.
279.
The State also recognizes the breadth and scope of the problem and Colombian
296
legislation provides for rules on internal displacement.
The Constitutional Court of Colombia, for its
part, issued a comprehensive judgment in which it considered the tutela remedies lodged by 1,150
297
displaced families. In its judgment, the Court declared that the situation of more than three million
displaced individuals was alarming and referred to the situation of vulnerability of the displaced in the
following terms:
from the circumstances surrounding the internal displacement, the persons who are obliged "to
abruptly abandon their place of residence and habitual economic activities, being forced to move to
another place within the frontiers of the national territory" to flee the violence generated by the
internal armed conflict, and the systematic disregard of human rights and international
humanitarian law, remain exposed to a much greater level of vulnerability, which implies a grave,
massive and systematic violation of their fundamental rights, and, thus, deserve to be granted
special attention by the authorities: "The persons displaced by violence find themselves in a
debilitated state which merits their receiving special treatment on the State's part." In the same
order of ideas, the Court indicated that "the necessity of slanting the State's political agenda to the
solution of internal displacement and the duty to give it priority over many other issues on the public
agenda", given the fundamental impact that this phenomenon exercises on national life, due to its
298
scale and psychological, political and socio-economic consequences.
280.
The Constitutional Court has also determined that the humanitarian crisis caused by the
phenomenon of internal displacement is of such magnitude that it may be categorized as a "true state of
social emergency"; "a national tragedy, affecting the destinies of countless Colombians and will scar the
Country's future for the next decades" and "a serious danger for the political society of Colombia." It
established that it involves a "massive, prolonged and systematic violation" of a whole range of
fundamental rights, whose content it interpreted in the light of the Guiding Principles on Forced
299
Displacement.
281.
The Constitutional Court also declared that the situation of the persons displaced
by the violence in Colombia constitutes "an uncons titutional state of affairs". It established that
there is a massive and repeated violation of the human rights of the displaced population and the
300
structural failings of the State's policies are a key contributing element.
The Court ruled on the
294
Annex 15. IACHR. Third Report on the Situation of Human Rights in Colombia, Ch.IV. OEA/Ser.L/V/II.102 Doc. 9 rev.
1, February 26, 1999, para. 26. At: http://www.cidh.org/countryrep/Colom99en/table%20of%20contents.htm.
295
Annex 15. IACHR. Third Report on the Situation of Human Rights in Colombia, Ch.IV. OEA/Ser.L/V/II.102 Doc. 9 rev.
1, February 26, 1999, para. 29. At: http://www.cidh.org/countryrep/Colom99en/table%20of%20contents.htm.
296
Law 387 of 1997 "adopts measures for prevention of enforced displacement, assistance, protection, consolidation, and
socio-economic stabilization of persons displaced by violence" and provides a series of mechanisms for guaranteeing such rights for
the displaced and for preventing the causes of displacement. Cf. IACHR. Third Report on the Situation of Human Rights in
Colombia, Ch. VI. OEA/Ser.L/V/II.102 Doc. 9 rev. 1, February 26, 1999, para. 12.
297
Second highest number of displaced persons in the world after the Sudan. See Annex 20. United Nations High
Commissioner for Refugees (UNHCR) 2009. 2008 Global Trends, Asylum- Seekers, Returnees, Internally Displaced and Stateless
Persons. In: http//www.unhcr.org/4a374c426.html.
298
Cf. Annex 21. Constitutional Court of Colombia. Judgment T-025/04 of January 22, 2004. See I/A Court H.R. Case of
the “Mapiripán Massacre” v. Colombia. Judgment of September 15, 2005. Series C No. 134, para. 174. At:
http://www.corteconstitucional.gov.co/relatoria/Autos/2008/A092-08.htm.
299
Cf. Annex 21. Constitutional Court of Colombia. Judgment T-025/04 of January 22, 2004. See Case of the “Mapiripán
Massacre”
v.
Colombia.
Judgment
of
September
15,
2005.
Series
C
No.
134,
para.
176.
At:
http://www.corteconstitucional.gov.co/relatoria/Autos/2008/A092-08.htm.
300
Annex 21. Constitutional Court of Colombia.
http://www.corteconstitucional.gov.co/relatoria/Autos/2008/A092-08.htm.
Judgment
T-025/04
of
January
22,
2004.
At: