القاعدة ذات الصلة
Colombia
Practice Relating to Rule 105. Respect for Family Life
Colombia’s Operational Law Manual (2009) states:
3. Procedures for the demobilization of members of illegal armed groups
One of the essential components of the government’s Defence and Democratic Security Policy is the demobilization and social and economic reintegration into civilian life [of members of armed groups outside of the law]. The main purpose of this policy is to offer members of armed groups outside the law a viable, flexible and rapid alternative to enable them to start a new life, return to their families and abandon once and for all a clandestine life, while respecting their dignity and that of their families and complying with human rights and international humanitarian law treaties.
… [A] demobilized person is a member of an armed organization outside of the law that expresses his or her willingness to demobilize. Once the individual freely expresses this willingness, he or she must immediately be treated in accordance with the following rules:
- the military unit to which the demobilized individual presents himself or herself must cover all of his or her basic needs … as well as those of his or her family unit …
- the family of the demobilized individual is understood to be the spouse or permanent partner, the children and, in the absence of all the foregoing, the parents. …
- as far as possible, and depending on the military unit’s own constraints, support must be provided to the PAHD [Demobilization and Reintegration Programme] for the transfer of the demobilized person and his or her family from the place where he or she handed himself or herself in to the location designated by the PAHD. 
Colombia, Manual de Derecho Operacional Manual FF.MM. 3-41 Público, Primera Edición 2009, Comando General de las Fuerzas Militares, aprobado por el Comandante General de las Fuerzas Armadas por Disposición Número 056, 7 December 2009, pp. 130–133.
[footnote in original omitted]
In 2004, in the Constitutional Case No. T-025/04, the Third Appeals Chamber of Colombia’s Constitutional Court declared that the State had violated the Constitution owing to its failure to guarantee the rights of displaced persons. Regarding the right to family unit of these groups in particular, the Court stated:
[B]ased on … the international obligations assumed by Colombia in the fields of human rights and international humanitarian law, as well as on the compilation of criteria for the interpretation and application of the measures to assist the displaced populations contained in the [UN] Guiding Principles [on Internal Displacement], the Chamber considers that the following rights … constitute a minimum of services that must be provided by the State:
3. The right to family and family unit set out in articles 42 and 44 of the [1991] Constitution and specified for these cases in Principle 17 [of the UN Guiding Principles on Internal Displacement], especially in, although not limited to, cases of families consisting of persons who are specially protected under the Constitution – children, the elderly, the physically disabled or women heads of household – who have the right to be reunited with their relatives. 
Colombia, Constitutional Court, Constitutional Case No. T-025/04, Judgment, 22 January 2004, pp. 76 and 77.
In 2007, in the Constitutional Case No. C-291/07, the Plenary Chamber of Colombia’s Constitutional Court stated:
Taking into account … the development of customary international humanitarian law applicable in internal armed conflicts, the Constitutional Court notes that the fundamental guarantees stemming from the principle of humanity, some of which have attained ius cogens status, … [include] the obligation to respect family life. 
Colombia, Constitutional Court, Constitutional Case No. C-291/07, Judgment of 25 April 2007, p. 112.
[footnote in original omitted]
Colombia’s Basic Military Manual (1995) provides that in order to guarantee the rights of the civilian population, soldiers shall “facilitate the reuniting of families that have been dispersed by the conflict and permit the exchange of information”. 
Colombia, Derecho Internacional Humanitario – Manual Básico para las Personerías y las Fuerzas Armadas de Colombia, Ministerio de Defensa Nacional, 1995, p. 22.
The manual further states that it is a duty of the parties to “permit the exchange of information within families”. 
Colombia, Derecho Internacional Humanitario – Manual Básico para las Personerías y las Fuerzas Armadas de Colombia, Ministerio de Defensa Nacional, 1995, p. 28.
Regarding respect for the civilian population, the manual specifies that it is a duty “to facilitate the contact and reuniting of families”. 
Colombia, Derecho Internacional Humanitario – Manual Básico para las Personerías y las Fuerzas Armadas de Colombia, Ministerio de Defensa Nacional, 1995, p. 29.
In addition, the manual provides that, when the conflict is over, parties shall “strengthen mechanisms dedicated to reuniting dispersed families”. 
Colombia, Derecho Internacional Humanitario – Manual Básico para las Personerías y las Fuerzas Armadas de Colombia, Ministerio de Defensa Nacional, 1995, p. 31.
According to Colombia’s Law on Internally Displaced Persons (1997), the family of forcibly displaced persons must benefit from the right to family reunification. 
Colombia, Law on Internally Displaced Persons, 1997, Article 2(4).
In 2010, Colombia’s National Council for Social and Economic Policy approved the Policy for the Prevention of Recruitment and Use of Children and Adolescents by Organized Armed Groups Outside the Law and Organized Criminal Groups. The Policy states:
The Colombian State has incorporated into its domestic legal order several international instruments protecting the rights of children and adolescents. Those instruments constitute part of the “Constitutional Block”, pursuant to article 93 of the 1991 Political Constitution. Table 1 includes the most relevant ones in chronological order. …
Table 1
International Standards
International Standard
Protocol Additional to the Geneva Conventions of 12 August 1949 and relating to the Protection of Victims of Non-International Armed Conflicts.
Approved by Law 171 of 1994. Entered into force on 15 February 1996.
Main Provisions
… Moreover, it provides for the right of children to education and, in those cases where they have been separated, to be reunited with their families. 
Colombia, National Planning Department, National Council for Social and Economic Policy, Policy for the Prevention of Recruitment and Use of Children and Adolescents by Organized Armed Groups Outside the Law and Organized Criminal Groups, CONPES Document No. 3673, 19 July 2010, pp. 7–8.
[footnotes in original omitted]