Ruling T-025, 2004 on Displaced Persons
in school attention, a predisposition to respiratory infections and diarrhea, eyesight
reductions, and increases in child morbidity. Mortality rates for the general displaced
population are six times higher than the national average. (United Nations, World Food
Programme,“ Vulnerabilidad a la Inseguridad Alimentaria de la Población desplazada
por la violencia en Colombia, informe de 2003”) (p. 24)
6. What evidence did the court use to substantiate its decision on issues related to
resources?
- Court points out that the execution of socio-economic stabilization programs depends on
budget availability, even though State entities may receive aid by humanitarian
organizations, both national and international. Goods and services in this component
must be provided by several state authorities that are either part of the National
Government or of the territorial entities. (p. 27 #6.1.3)
- Court affirms that legal provisions provide that State entities may enter into
arrangements with NGOs and that the State may request aid from international
organizations to implement its policy for assisting the displaced population (p. 27
#6.1.4)
- Studies by the Joint Technical Unit (group of technicians tasked with evaluating results
of assistance policies for displaced people) indicate that levels of coverage of all aspects
of the plan are insufficient and that State has fallen woefully short of its coverage goals,
especially in projects for self-generated income and housing programs. Analysis from
1998-2002 showed that only 3.7% of potential demand for housing had been satisfied,
and those housing units that were built fail to comply with minimum conditions of access
to public utilities, location,a dn quality of materials. (p. 28 6.2.1)
- Court observed that the disbursement of the funds required to begin productive projects
was delayed, and was “not made in accordance with the productive cycles of the
businesses that actually manage to have access to credit aid” and that the provision of aid
and services throughout the different stages of the process of assisting the displaced
population is carried out in a discontinuous and delayed manner (p. 34 # 6.3.2.1(iii))
7. Relevant national/international norms in which the decision was based.
- On state obligations to protect displaced population:
- Article 6, Law 387 of 1997.
- Article 25, Decree 2569 of 2000
- Article 25, Decree 2569 of 2000.
- Paragraph 3, Number 1 of Article 1 of Decree 173 of 1998.
- Article 17 of Law 387 of 1997.
8. Cited Case Law
- On the rights of the displaced population: