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Monday, January 27, 2020
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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. This Auto clarifies the duties of the national government with regards to the assistance available to the displaced population during the COVID-19 pandemic, in light of the fact that this population continues to experience disproportionate impacts in the enjoyment of their economic, social, and cultural rights.

Enforcement of the Decision and Outcomes

The Court ordered the National Government to take into account the principles of non-discrimination and equality when carrying out COVID-19 pandemic plans, conducting a differentiated analysis of the various needs of the displaced population, including the possibility of granting multiple sources of governmental aid.

Significance of the Case

The case establishes standards regarding assistance to displaced persons receive during the COVID-19 pandemic, which surely affected the internally displaced community disproportionately.

The fact that the Court was asked to make this ruling by the Secretariat of Internally Displaced Persons’ Affairs is also telling of the way in which the long-standing judicial oversight structures begin to create patterns and habits within bureaucratic systems that are in place to support internally displaced persons.