Norma relacionada
Colombia
Practice Relating to Rule 131. Treatment of Displaced Persons
Colombia’s Law on Internally Displaced Persons (1997) provides that once the displacement has occurred, the government shall take immediate action to guarantee emergency humanitarian aid with the aim of rescuing, assisting and protecting the displaced population and providing for its nutritional needs, personal hygiene, kitchen tools, medical and psychological care, emergency transport and temporary accommodation in humane conditions. 
Colombia, Law on Internally Displaced Persons, 1997, Article 15.
In 1996, in a case concerning the constitutionality of a decree which had ordered measures for the protection of the civilian population in military operations (Decree 2027 of 21 November 1995), Colombia’s Constitutional Court held that displaced persons had the right to receive humanitarian assistance and to be accorded protection by the State. 
Colombia, Constitutional Court, Constitutional Case No. C-092, Judgment, 7 March 1996.
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:
[I]n view of the current magnitude of the problem of displacement in Colombia and the limited resources available to the State to meet this task[,] … it will not always be possible to fulfil, concomitantly and to the maximum extent possible, the provision of all the constitutional rights of the entire displaced population …
Notwithstanding the above, the Court emphasizes that the displaced population has certain minimum rights that must be fulfilled in all circumstances by the authorities responsible, as what is at stake here is the dignified subsistence of the persons in this situation. …
… [B]ased on … Colombia’s international obligations in the fields of human rights and international humanitarian law, as well as on the compilation of criteria for the interpretation and application of measures to assist the displaced population contained in the [1998 UN] Guiding Principles [on Internal Displacement], the Chamber considers that the following minimum rights … constitute the minimum benefits that must always be provided by the State:
2. The rights to dignity and physical, psychological and moral integrity (articles 1 and 12 of the [1991] Constitution), as specified in Principle 11.
4. The right to a minimum subsistence as an expression of the fundamental right to the minimum conditions for life, as set out in Principle 18, which means that “competent authorities shall provide internally displaced persons with and ensure safe access to: (a) essential food and potable water; (b) basic shelter and housing; (c) appropriate clothing; and (d) essential medical services and sanitation.” …
5. The right to health (article 49 of the Constitution) whenever the provision of the relevant service is urgent and indispensable to preserve the life and integrity of the sick or wounded person … and to prevent contagious and infectious diseases, in accordance with Principle 19. …
6. The right to protection (article 13 of the Constitution) against discriminatory practices on grounds of displacement …
8. Regarding the provision of socio-economic support to enable displaced persons to become self-supporting (article 16 of the Constitution) … – an obligation of the State set out in Law 387 of 1997 [Law on Internally Displaced Persons] and deducible from reading this law together with the Guiding Principles, in particular Principles 1, 3, 4, 11 and 18 – the Court finds that the State has the minimum duty to “identify, with the full participation of the person concerned, … the possible options for a dignified and autonomous subsistence that can be achieved in the short and medium term … [”]. 
Colombia, Constitutional Court, Constitutional Case No. T-025/04, Judgment, 22 January 2004, pp. 75–79.
[footnote in original omitted; emphasis in original]
According to the Report on the Practice of Colombia, displaced persons have the right to receive humanitarian assistance, and the State’s duty to protect the displaced population is permanent and cannot be renounced in normal times or in states of exception, in accordance with Article 17 of the 1977 Additional Protocol II. 
Report on the Practice of Colombia, 1998, Chapter 5.5.
In 2004, in its third periodic report to the Committee on the Rights of the Child, Colombia stated:
117. The [Government’s] Programme of Comprehensive Care for the Displaced Population and the Social Solidarity Network are trying to find ways to improve living conditions for displaced people by providing comprehensive assistance that will enable families to become productive again and to recover their emotional stability, either by returning to their place of origin or by relocating elsewhere in the country.
118. Under this programme, 9,923 million pesos was spent on emergency humanitarian assistance, which was sufficient to take care of 9,282 families in 18 departments in the country. 
Colombia, Third periodic report of Colombia to the Committee on the Rights of the Child, 24 August 2005, UN Doc. CRC/C/Add.129, submitted 28 June 2004, §§ 117–118.
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:
- Developing training programmes for the National Security Forces on protecting displaced persons and preventing displacement;
- 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.
In 2008, in its fourth periodic report to the Committee against Torture, Colombia stated:
140. With regard to forced displacement, a phenomenon that gave the Committee cause for concern during the examination of Colombia’s third periodic report [footnote: “That report makes reference to ‘the numerous forced internal displacements of population groups as a result of armed conflict and insecurity in the areas in which they live, taking into account the continuing absence in those areas of State structures for observing and ensuring compliance with the law’”.], the Government and the State as a whole have made a significant effort in implementing and effectively coordinating the policy for providing attention to the population concerned.
150. … [T]he Constitutional Court stipulates that the State must guarantee to the displaced population the following minimum rights:
(a) Right to life;
(b) Right to dignity and physical, psychological and moral integrity;
(d) Right to a minimum subsistence, with guaranteed access to essential foodstuffs, drinking water, basic accommodation and housing, appropriate clothing, and special medical and health services. Women must participate in planning and receiving these benefits;
(e) Right to health. 
Colombia, Fourth periodic report to the Committee against Torture, 21 February 2008, UN Doc. CAT/C/COL/4, submitted on 21 January 2008, §§ 140 and 150.
[footnote in original omitted]
In 2008, in its sixth periodic report to the Human Rights Committee, Colombia stated:
7. Government policy on human rights
81. According to the document CONPES [National Council for Economic and Social Policy] 3172 of 15 July 2002, “Lines of action to strengthen the State’s policy on human rights and international humanitarian law”, the Colombian State’s policy on human rights and international humanitarian law focuses on the following priority areas: … c) Care of people displaced by violence …
E. Article 5. Guarantee of the rights recognized in the Covenant
168. In the national legal system, the precept contained in article 5 of the Covenant is contemplated in article 94 of the [1991] Constitution, which states that “the enunciation of rights and guarantees contained in the Constitution and in international conventions in force must not be understood as negating others inherent to the human person that are not expressly mentioned in them.”
169. This precept has been developed in the context of case law by the high courts. During the reporting period, a noteworthy decision was that of the Council of State, handed down in an action of protection which sought to protect the right to life in dignity, housing and work for a displaced citizen. In its reasoning, the Superior Administrative Court recalled what had been stated by the Constitutional Court, expressing its understanding that although there was no written rule protecting displaced persons with regard to housing, they were covered by the Martens Clause or by article 94 of the Constitution. Consequently, the rules and conventions established for refugees would apply by analogy.
170. In this regard the Court has said:
Displaced persons have a right to housing as expressed in article 21 of the [1966] Convention on the Status of Refugees, domestically applicable pursuant to article 93 of the Constitution, the Constitution in article 51 [regarding the right of all Colombians to housing] and Law No. 387 of 1997 [the Law on Internally Displaced Persons] in its article 2 … In addition, special consideration must be given to people who are in situations of manifest weakness as indicated by article 13 of the Constitution … ([judgement No.] T-321, 2001).
Article 6. Right to life
194. Ruling T-025 of 2004 [of the Constitutional Court] established the minimum protection of the rights of displaced persons:
a) Right to life;
b) Right to dignity and physical, psychological and moral integrity;
d) Right to minimum subsistence;
e) Right to health;
f) Right to protection;
g) Right to education;
h) Assistance in becoming self-supporting;
L. Article 12. Freedom of movement
371. With regard to forced displacement, a significant development during the reporting period was the issuance by the national Government of Decree No. 250 of 7 February 2005, instituting the National Plan for Comprehensive Care of the Population Displaced by Violence, together with other provisions, aimed at setting the general policy of the Government and lines of action for the … response to forced internal displacement in Colombia, allowing the restoration of the rights and obligations of Colombians affected by the same.
372. Further, the Government issued Directive No. 06 of 2005 to effectively enforce [the r]uling of the Constitutional Court [in Constitutional Case No. T-025/04].
373. The most important judicial precedent concerning displacement is Ruling T-025 of 2004. In this decision the Constitutional Court declared unconstitutional the state of affairs emerging from the constitutional review of 108 appellate cases arising from suits brought by 1,150 households in situations of forced displacement who sued public entities responsible for their care for failure to protect their rights and to respond effectively to their requests, the suits being joined in case T-653010.
374. By that decision, the Court ordered the National Council for Comprehensive Care of the Displaced Population (CNAIPD) to take decisions to ensure consistency between meeting legal mandates, international treaties, the Constitution, laws and decrees governing the State in providing care to the displaced and the allocation of resources actually to achieve the full enjoyment of their rights, as well as to improve institutional capacity to respond timely and effectively to the needs of the displaced population in order to overcome the unconstitutional state of affairs.
375. On the matter of forced displacement, it is necessary to highlight the significant efforts that have made by the national Government and the State in general, in regard to implementation and effective coordination of the policy of response to the population in situations of displacement …
377. Another important step forward was the entry into force of the new National Council for Comprehensive Care of the Displaced Population adopted by the issuance of Decree No. 250 of 2005, seeking to develop, through the stages of prevention and protection, emergency humanitarian assistance and economic stabilization, a timely response to the needs of households that are victims of forced internal displacement, based on the guiding principles for intervention that determine the focus to be adopted in the different processes that will be generated by the implementation of the Plan. 
Colombia, Sixth periodic report to the Human Rights Committee, 2 June 2009, UN Doc. CCPR/C/COL/6, submitted 10 December 2008, §§ 81, 168–170, 194, 371–375 and 377.
[footnotes in original omitted]
In 2008, in its fourth periodic report to the Committee against Torture, Colombia stated:
A. Protection of human rights and IHL
(a) Protection programme
79. This programme, unique in the world, was established in 1997 through cooperation between the Government and civil society in order to protect the right to life, integrity, freedom and personal security among certain population categories particularly vulnerable to the activities of paramilitary armed organizations.
80. Protected groups include the following categories:
(k) Displaced persons. 
Colombia, Fourth periodic report to the Committee against Torture, 21 February 2008, UN Doc. CAT/C/COL/4, submitted on 21 January 2008, §§ 79–80.
[footnote in original omitted]
Colombia also stated:
140. With regard to forced displacement, a phenomenon that gave the Committee cause for concern during the examination of Colombia’s third periodic report [footnote: “That report makes reference to ‘the numerous forced internal displacements of population groups as a result of armed conflict and insecurity in the areas in which they live, taking into account the continuing absence in those areas of State structures for observing and ensuring compliance with the law’”.], the Government and the State as a whole have made a significant effort in implementing and effectively coordinating the policy for providing attention to the population concerned. 
Colombia, Fourth periodic report to the Committee against Torture, 21 February 2008, UN Doc. CAT/C/COL/4, submitted on 21 January 2008, § 140.
In 2008, in its sixth periodic report to the Human Rights Committee, Colombia stated:
214. … [T]he national Government, aware of the particular risk of certain population groups and supported by pronouncements of the Constitutional Court, has designed special protection programmes in line with the specific and special threats and vulnerabilities of the displaced population …
229. Protection Programme for the Population Displaced by Situations of Violence. In monitoring compliance with the orders issued in [its] Ruling T-025 of February 2004, the Constitutional Court, on 13 August 2007, issued Order No. 200, which identifies a number of shortcomings in the design and implementation of the Protection Programme for the Population Displaced by Situations of Violence, which the Court prescribes must be overcome to ensure effective enjoyment of the rights of this population to life, integrity, liberty and personal security.
230. To that end, the Court, in its Order, instructed the Human Rights Directorate of the Ministry of Interior and Justice to design a specific programme of protection for leaders and representatives of the displaced population and for people in situations of displacement who are facing special or extreme risk, responding to the specific features of this population and ensuring preferential and differentiated treatment.
231. To comply with this order, the Directorate designed and is implementing a Programme of Protection of Persons in Situations of Forced Displacement, which includes the following components:
a) Mechanisms to relate its programme with the public policy of attending to this population, which means adjusting processes and procedures of each of the entities comprising the National System for Comprehensive Care of the Population Displaced by Violence (SNAIPD) with the aim of defining complementary modes of intervention to secure, through preferential and expeditious treatment, the enjoyment of other rights and the subsistence of persons protected by the Programme and their families;
b) Review of appropriateness of processes and procedures of the Human Rights Directorate of the Ministry of Interior and Justice to meet the criteria of suitability, timeliness and differentiated approach;
c) Design and implementation of a protection road-map at the territorial level to ensure preferential and suitable treatment for this population, improving the coordinated response capacity of local authorities. This road-map starts from the powers and functions of municipal and departmental authorities to articulate a clear and expeditious response procedure which identifies the roles, tasks and deadlines for action to prevent, resolve and mitigate the threat factors faced by this population;
d) Definition and implementation of differential procedures in conducting risk studies by the DAS [Administrative Department of Security] and the National Police.
e) Redefinition of protective measures that meet the differential approach criteria and extension of these measures to the nuclear family when the risk situation so warrants.
Z. Right to equality before the law and guarantees against discrimination
610. Another important development was the introduction in January 2008 of the Comprehensive Policy on Human Rights and International Humanitarian Law of the Ministry of National Defence … Although this is a cross-cutting effort that reaches every aspect of police operations, it includes new measures relating to “personal security” of people who are particularly vulnerable. Thus, in addition to its general purposes, it frames a differential approach to … displaced persons. 
Colombia, Sixth periodic report to the Human Rights Committee, 2 June 2009, UN Doc. CCPR/C/COL/6, submitted 10 December 2008, §§ 214, 229–231 and 610.
[footnote in original omitted]
Colombia also stated:
According to the [] CONPES [National Council for Economic and Social Policy] document 3172 of 15 July 2002, “Lines of action to strengthen the State’s policy on human rights and international humanitarian law”, the Colombian State’s policy on human rights and international humanitarian law focuses on the following priority areas: … c) Care of people displaced by violence[.] 
Colombia, Sixth periodic report to the Human Rights Committee, 2 June 2009, UN Doc. CCPR/C/COL/6, submitted 10 December 2008, § 81.
[footnote in original omitted]
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 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:
The minimum level of protection that must be timely and effectively guaranteed … entails … the provision by the State of the minimum services required for the fulfilment of the right to … a family unit …
The case law of this Court has highlighted the following fundamental constitutional rights among those that are threatened or violated by situations of forced displacement:
6. Often, displacement leads to the affected families becoming dispersed, thus harming their right to family unity and the full protection of the family. Principles 16 and 17 of the [1998 UN Guiding] Principles [on Internal Displacement] aim, among other things, to clarify the scope of the right to family reunification.
… [B]ased on … Colombia’s international obligations in the fields of human rights and international humanitarian law, as well as on the compilation of criteria for the interpretation and application of measures to assist the displaced population contained in the [1998 UN] Guiding Principles [on Internal Displacement], the Chamber considers that the following minimum rights … constitute the minimum benefits that must always be provided by the State:
3. The right to family and family unity set out in articles 42 and 44 of the [1991] Constitution and specified … in Principle 17[.] 
Colombia, Constitutional Court, Constitutional Case No. T-025/04, Judgment, 22 January 2004, pp. 25, 35, 37 and 76–77.
[footnote in original omitted]
In 2008, in its fourth periodic report to the Committee against Torture, Colombia stated:
140. With regard to forced displacement, a phenomenon that gave the Committee cause for concern during the examination of Colombia’s third periodic report [footnote: “That report makes reference to ‘the numerous forced internal displacements of population groups as a result of armed conflict and insecurity in the areas in which they live, taking into account the continuing absence in those areas of State structures for observing and ensuring compliance with the law’”.], the Government and the State as a whole have made a significant effort in implementing and effectively coordinating the policy for providing attention to the population concerned.
150. Accordingly, the Constitutional Court stipulates that the State must guarantee to the displaced population the following minimum rights:
(c) Right to family and family unity, especially in the case of families comprising persons particularly protected by the [1991] Constitution, such as children, older people, disabled persons and women heads of household. 
Colombia, Fourth periodic report to the Committee against Torture, 21 February 2008, UN Doc. CAT/C/COL/4, submitted on 21 January 2008, §§ 140 and 150.
[footnote in original omitted]
In 2008, in its sixth periodic report to the Human Rights Committee, Colombia stated:
Article 6. Right to life
194. Ruling T-025 of 2004 [of the Constitutional Court, which stated, among other things, that persons who are forced, without warning, to leave their places of residence and their usual economic activities and move to another place within the boundaries of the national territroy to escape the violence generated by the internal armed conflict and the systematic disregard for human rights and international humanitarian law, are exposed to a much higher level of vulnerability] established the minimum protection of the rights of displaced persons:
c) Right to family and family unity;
X. Article 24. Rights of children and measures to protect them
556. Care for families, children and youth in situations of displacement. Under the Policy Assistance to the Population Displaced by Violence, the purpose of the action plan of the Colombian Family Welfare Institute-ICBF is to reach families and communities that have been forcibly driven from their territory and habitat. …
557. The ICBF participates in the National System of Care for Displaced Persons and designs and executes a special plan. Its work focuses on four dimensions: … promotion of family unity, prevention and care of domestic violence in situations of population displacement. 
Colombia, Sixth periodic report to the Human Rights Committee, 2 June 2009, UN Doc. CCPR/C/COL/6, submitted 10 December 2008, §§ 194 and 556–557.
[footnote in original omitted]
Colombia also stated:
According to the [] CONPES [National Council for Economic and Social Policy] document 3172 of 15 July 2002, “Lines of action to strengthen the State’s policy on human rights and international humanitarian law”, the Colombian State’s policy on human rights and international humanitarian law focuses on the following priority areas: … c) Care of people displaced by violence[.] 
Colombia, Sixth periodic report to the Human Rights Committee, 2 June 2009, UN Doc. CCPR/C/COL/6, submitted 10 December 2008, § 81.
[footnote in original omitted]
Colombia’s Law on Internally Displaced Persons (1997) has established a National Plan in order to, inter alia, pay special attention to women and children. 
Colombia, Law on Internally Displaced Persons, 1997, Article 10(7); see also Criminal Code, 1999, Article 127 (for forcible transfer of children to another group as a part of a genocide campaign).
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:
This Court has … highlighted that, owing to the circumstances surrounding internal displacement, persons – for the most part women heads of household, children and the elderly – who are forced, “without warning, to abandon their place of residence and their usual economic activities, [and] move to another place within the boundaries of the national territory” to escape the violence generated by the internal armed conflict and the systematic disregard for human rights and international humanitarian law, are exposed to a much higher level of vulnerability. This implies a serious, massive and systematic violation of their fundamental rights, and for this reason merits special treatment by the State …
The case law of this Court has highlighted the following fundamental constitutional rights among those that are threatened or violated by situations of forced displacement:
2. The rights of children, women heads of household, the disabled, the elderly and other specially protected groups “owing to the precarious conditions in which forcibly displaced persons find themselves”. 
Colombia, Constitutional Court, Constitutional Case No. T-025/04, Judgment, 22 January 2004, pp. 35–36.
[footnote in original omitted]
The Court further 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 measures to assist the displaced population contained in the [1998 UN] Guiding Principles [on Internal Displacement], the Chamber considers that the following minimum rights … constitute the minimum benefits that must always 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 Principles 24–27 … as it is through the provision of humanitarian assistance that the authorities satisfy their minimum duty to provide a dignified subsistence to displaced persons. This humanitarian assistance refers both to emergency humanitarian aid, delivered at the time of displacement, and to the components of minimum assistance provided during the economic recovery and return phases.
… [T]here are two types of displaced persons who, for particular reasons, are entitled to a minimum right to receive emergency humanitarian aid for a longer period than that 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 of elderly people who, owing to their age or state of health, are unable to generate an income; or women heads of household who dedicate all their time and effort to looking after young children or elderly persons under their responsibility. In these two types of situation, it is justified that the State continues to provide the humanitarian aid needed for the dignified subsistence of those affected, until such time as the given circumstances have been overcome – that is, until the extraordinary emergency has ceased or the persons who could not guarantee their own subsistence have become able to do so. This needs to be assessed on a case-by-case basis. The Court warns that, as much as the State cannot abruptly suspend humanitarian aid to those who are unable to support themselves, neither can people expect to depend indefinitely on such aid.
7. In the case of children in a situation of displacement, the right to basic education until the age of 15 (article 67, item 3, of the [1991] Constitution). … [T]he minimum obligation of the State regarding the education of displaced children is to guarantee their access to education through the provision of the necessary places in public or private institutions in the area. 
Colombia, Constitutional Court, Constitutional Case No. T-025/04, Judgment, 22 January 2004, pp. 76–79.
[footnotes in original omitted; emphasis in original]
In 2008, in its sixth periodic report to the Human Rights Committee, Colombia stated:
C. Article 3. Equality between men and women in the enjoyment of human rights
132. Order No. 092/08 issued by Constitutional Court, for the protection of fundamental rights of women victims of forced displacement caused by armed conflict in the context of overcoming the declared unconstitutional state of affairs addressed in Ruling T-025 2004 [of the Constitutional Court]. In this Order, the Court adopted comprehensive measures for the protection of fundamental rights of women in a situation of displacement and for the prevention of disproportionate gender impact generated by this situation. Those measures include, in sum: a) orders to create 13 specific programmes to fill public policy gaps in the response to forced displacement from the perspective of women; b) establishment of two constitutional presumptions that protect displaced women; c) issuance of individual orders of specific protection for 600 displaced women in the country; and d) communication to the Office of the Public Prosecutor of numerous accounts of sexual crimes committed in the context of Colombia’s “internal armed conflict.”
144. A significant development … is the agreement signed with the Office of the United Nations High Commissioner for Refugees (UNHCR), which encompasses the design of a Guideline on Prevention, Care and Socio-Economic Stabilization for Displaced Persons with a Gender Perspective, designed to promote the inclusion of a gender-differentiated perspective in policies, programmes and projects aimed at improving the lot of displaced populations.
L. Article 12. Freedom of movement
384. It should be stressed that SNAIPD [National System for Comprehensive Care of the Population Displaced by Violence] is currently developing a Differentiated Care Directive, with emphasis on the gender variable. The purpose of the directive is to promote the inclusion of a differentiated gender perspective in policies, programmes and projects aimed at improving conditions for the displaced population in the phases of prevention and protection, emergency humanitarian assistance and socioeconomic stabilization. This line of action, established as public policy, will have as its basic focus the interrelation of gender, ethnicity, age, territorial location and disability. Similarly, a vital topic is to ensure psychosocial care that encourages the process of adaptation and integration of women in situations of displacement to a new environment –especially if one considers that many women are victims of sexual abuse, forced recruitment, forced prostitution, early pregnancies, and have also been severely affected by the loss of their loved ones and the breakdown of family and cultural ties.
X. Article 24. Rights of children and measures to protect them
530. In Ruling T-025 of 2004 the Constitutional Court places on the State the obligation to adopt measures of prevention and protection for children and young people who are victims of forced displacement …
556. Care for families, children and youth in situations of displacement. Under the Policy Assistance to the Population Displaced by Violence, the purpose of the action plan of the Colombian Family Welfare Institute-ICBF is to reach families and communities that have been forcibly driven from their territory and habitat. It is a mobilization of the entire institution for the lives and safety of children, adolescents, women and families, groups affected primarily by violence, for whom the social situation of the country has excluded them, denying them opportunities for quality of life and the enjoyment of their rights.
557. The ICBF participates in the National System of Care for Displaced Persons and designs and executes a special plan. Its work focuses on four dimensions: timely, priority response for the displaced population without barriers to access; … prevention and care of domestic violence in situations of population displacement; promoting participation by the displaced population and their organizations in fora of the ICBF and promoting rights and duties of the displaced population.
558. The ICBF serves through various methods that provide psychosocial care activities with emphasis on crisis intervention, food aid and support for psychosocial and community reintegration; those affected have an opportunity to be included in regular programmes of the ICBF.
Z. Right to equality before the law and guarantees against discrimination
617. As regards the displaced population, in view of the complexity of the problem of forced displacement in our country, work has been proceeding on a differentiated approach to displaced persons, women and children. Through public policy in providing care to the displaced population, services for children, and gender equity, the Government has exerted enormous efforts to build the differentiated approach into each of its activities. Progress has been substantial and efforts are made to comply with the comments made by the Constitutional Court and several United Nations bodies. 
Colombia, Sixth periodic report to the Human Rights Committee, 2 June 2009, UN Doc. CCPR/C/COL/6, submitted 10 December 2008, §§ 132, 144, 384, 530, 556–558 and 617.
[footnotes in original omitted]
Colombia also stated:
According to the document CONPES [National Council for Economic and Social Policy] document 3172 of 15 July 2002, “Lines of action to strengthen the State’s policy on human rights and international humanitarian law”, the Colombian State’s policy on human rights and international humanitarian law focuses on the following priority areas: … c) Care of people displaced by violence[.] 
Colombia, Sixth periodic report to the Human Rights Committee, 2 June 2009, UN Doc. CCPR/C/COL/6, submitted 10 December 2008, § 81.
[footnote in original omitted]
According to Colombia’s Law on Internally Displaced Persons (1997), forcibly displaced persons have the right to ask for and receive international aid, the corollary of which is the right of the international community to provide humanitarian assistance. 
Colombia, Law on Internally Displaced Persons, 1997, Article 2(1).
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:
[I]n reference to the individuals or private or international organizations participating in the design and implementation of policies addressing the needs of the displaced population, the relevant rules provide that … the State may request the assistance of international organizations. 
Colombia, Constitutional Court, Constitutional Case No. T-025/04, Judgment, 22 January 2004, p. 49.
[footnote in original omitted]
The Court also stated:
This Court has … highlighted that, owing to the circumstances surrounding internal displacement, individuals … who are forced, “without warning, to abandon their place of residence and their usual economic activities, [and] move to another place within the boundaries of the national territory” to escape the violence generated by the internal armed conflict and the systematic disregard for human rights and international humanitarian law, are exposed to a much higher level of vulnerability. This implies a serious, massive and systematic violation of their fundamental rights, and for this reason merits special treatment by the State[.] 
Colombia, Constitutional Court, Constitutional Case No. T-025/04, Judgment, 22 January 2004, pp. 34–35.
[footnotes in original omitted]