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.