Practice Relating to Rule 133. Property Rights of Displaced Persons
According to Colombia’s Law on Internally Displaced Persons (1997), IDPs have the right to retain ownership and possession of abandoned property.
According to Colombian case-law, IDPs have the right to retain ownership and possession of abandoned property.
In 2006, during the consideration of the third periodic report of Colombia before the Committee on the Rights of the Child, a representative of Colombia stated: “There … [are] also provisions [in the law] to avoid the alienation of property while the owner … [is] displaced.”
In 2008, in its Comprehensive Human Rights and IHL Policy, the Ministry of National Defence of Colombia stated:
The Ministry of Defence also issued Directive No. 1 of 2007 for the purpose of establishing security protocols for the National Security Forces, in coordination with the National Police, for facilitating the return of displaced persons to their place of origin or their relocation, as appropriate, and for ensuring the physical safety and protecting the property of those who have returned or have been relocated. Measures introduced by this Directive include:
- Maintaining a detailed record of infringements of IHL and human rights violations occurring in risk areas during the period of displacement[.]
In 2006, during the consideration of the third periodic report of Colombia before the Committee on the Rights of the Child, a representative of Colombia stated that “the law … [provides] for the restoration of property to rural communities which … lost their livelihoods as a result of forced displacements”.