Norma relacionada
Colombia
Practice Relating to Rule 55. Access for Humanitarian Relief to Civilians in Need
Colombia’s Basic Military Manual (1995) states the duty to allow relief organizations, such as the Red Cross, to perform humanitarian activities in favour of non-combatants and civilians. 
Colombia, Derecho Internacional Humanitario – Manual Básico para las Personerías y las Fuerzas Armadas de Colombia, Ministerio de Defensa Nacional, 1995, pp. 21, 22, 30 and 42.
Colombia’s Decree No. 138 (2005) states:
All authorities and persons in Colombia must protect … relief personnel and the persons who permanently or temporarily carry out humanitarian tasks in situations of armed conflict or natural disasters, facilitating their free transit and the transport of drugs, food and drink and humanitarian aid, evacuating the dead, wounded and sick, cooperating with them as necessary for the fulfilment of their tasks. 
Colombia, Decree No. 138, 2005, Article 16.
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. 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 in the compilation of criteria for the interpretation and application of means to attend to the displaced populations contained in the [UN] Guiding Principles [on Internal Displacement], the Chamber considers that the following minimum rights … constitute a minimum of services that shall be provided by the State:
4. The right to a minimum subsistence as an expression of the fundamental right to the minimum conditions for life … This right must also be read in light of the provisions of Principles 24–27 … according to which it is through humanitarian assistance that authorities satisfy their minimum duty to provide a dignified subsistence to displaced persons. This humanitarian assistance refers both to emergency humanitarian aid, delivered when the displacement takes place, and to the components of minimum assistance during the stages of economic recovery and return. 
Colombia, Constitutional Court, Constitutional Case No. T-025/04, Judgment, 22 January 2004, pp. 76–77.
The Report on the Practice of Colombia refers to a draft internal working paper in which the Colombian Government stated: “The accomplishment of the functions of humanitarian organizations shall be facilitated.” 
Report on the Practice of Colombia, 1998, Chapter 4.1, referring to Presidential Council, Proposal of the Government to the Coordinator Guerrillerra Simón Bolívar to humanize war, Draft Internal Working Paper, Part entitled “El Derecho Internacional Humanitario”, § 8.
In 2008, in its Comprehensive Human Rights and IHL Policy, the Ministry of National Defence of Colombia stated:
130. The policy of the Ministry of Defence on displaced persons is set out in Directive No. 9 of 2005, produced in response to Judgment T-025 of 2004 of the Constitutional Court. The Directive establishes preventive and protective measures and procedures for responding to the urgent humanitarian needs of these persons and providing them with socioeconomic stability. These measures include:
- Issuing instructions for the safe passage of humanitarian aid to displaced persons.
131. As a further measure, Directive No. 16 was issued on 30 October 2006, containing instructions for preventing the displacement of indigenous peoples and for taking preventive measures to ensure their safety during the conduct of police and military operations and to ensure strict compliance with the rules of IHL. 
Colombia, Ministry of National Defence, Comprehensive Human Rights and IHL Policy, January 2008, §§ 130–131.
Colombia’s Penal Code (2000) imposes a criminal sanction on “anyone who, during an armed conflict, obstructs or impedes … the realization of medical and humanitarian tasks which, according to the rules of international humanitarian law, can and must take place”. 
Colombia, Penal Code, 2000, Article 153.
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. The Court stated:
[T]here are two types of displaced persons who, for particular reasons, are entitled to receive emergency humanitarian aid during a period longer than the one established by law [three months extendible for three more months]: (a) persons in an extraordinarily urgent situation, and (b) persons who are not able to become self-supporting through a socio-economic stabilization or recovery project, as is the case of children who have no guardians and elderly people who, due to their age or health conditions, are unable to generate income; or women heads of household who dedicate all their time and effort to looking after young children or elderly persons placed under their responsibility. In both situations, it is justified that the State continues to provide humanitarian aid needed for the dignified subsistence of those affected, until the moment when the circumstances have been overcome - that is, until the extraordinary urgency has ceased, or until the persons who could not guarantee their own subsistence have become able to do so. This has to be assessed necessarily on a case-by-case basis. The Court warns that, as much as the State cannot abruptly suspend the humanitarian aid provided to those persons who are not able to support themselves, neither can these persons expect to depend indefinitely on this aid. 
Colombia, Constitutional Court, Constitutional Case No. T-025/04, Judgment, 22 January 2004, p. 78.
[footnote in original omitted]
The Court also stated:
[B]ased on the international obligations assumed by Colombia in the fields of human rights and international humanitarian law, as well as in the compilation of criteria for the interpretation and application of means to attend to the displaced populations contained in the [UN] Guiding Principles [on Internal Displacement], the Chamber considers that the following minimum rights … constitute a minimum of services that shall be provided by the State:
4. The right to a minimum subsistence as an expression of the fundamental right to the minimum conditions for life … This right must also be read in light of the provisions of Principles 24–27 … according to which it is through humanitarian assistance that authorities satisfy their minimum duty to provide a dignified subsistence to displaced persons. This humanitarian assistance refers both to emergency humanitarian aid, delivered when the displacement takes place, and to the components of minimum assistance during the stages of economic recovery and return. 
Colombia, Constitutional Court, Constitutional Case No. T-025/04, Judgment, 22 January 2004, pp. 76–77.
The Report on the Practice of Colombia refers to a draft internal working paper in which the Colombian Government stated: “The parties in conflict must guarantee the right to protection and humanitarian assistance of the victims of political violence.” 
Report on the Practice of Colombia, 1998, Chapter 4.1, referring to Presidential Council, Proposal of the Government to the Coordinator Guerrillerra Simón Bolívar to humanize war, Draft Internal Working Paper, Part entitled “El Derecho Internacional Humanitario”, § 8.