Auto 005 of 2009

Nature of the Case

In 2004, the Constitutional Court of Colombia decided case T-025, where it declared an unconstitutional state of affairs in regards to the situation of millions of internally displaced persons (IDPs) due to the country’s armed conflict. The unconstitutional state of affairs was due to the massive human rights violations associated with systemic failures in the safeguarding of IDPs by the State. In order to put an end to the unconstitutional state of affairs, the Court established a structure for follow-ups that consisted of two types: (1) special proceedings to evaluate the progress made by various state agencies, in which agencies were required to provide periodic reports on their compliance with the Court’s orders; and (2) autos de seguimiento, additional written materials from the court which expanded and clarified the Court’s orders in T-025, with specific focus on groups of persons at greater vulnerability and disproportionately impacted by the internal armed conflict. Auto 005 of 200 is one of such orders, referring specifically to the situation of forcibly displaced Afro-Colombians.

Enforcement of the Decision and Outcomes

Auto 266 of 2017(link is external) followed up on the Auto 005 and found a low compliance level. Specifically, in urban settings, the Afro-Colombian community continued to be plagued by forced prostitution, extortions by armed actors, intimidations and death threats by armed actors, and displacement within the urban settings due to safety concerns, food insecurity, occupation by armed actors, and displacement by development projects.

Further autos, such as Auto of 18 May 2010(link is external) and Auto 163 of 2020(link is external), specifically addresses the situation of Afro-Colombian communities native to the regions of Curvaradó and Jiguamiandó. Specifically, it addresses the barriers this displaced community faces in returning to their native lands. Auto 073 of 2014(link is external) also surveys the situation of Afro-Colombian communities native to the Pacific region of Nariño.

Significance of the Case

The Colombian Constitutional Court recognized that the situation of displacement disproportionately affected the Afro-Colombian population and reinforced the population’s right to collective territory and cultural integrity, as well as the basic human rights of freedom of discrimination, life, and human dignity. In delineating the problems of the governmental approach, it pointed out the necessity of displacement initiatives that incorporated the culturally specific needs of the Afro-Colombian community.