2024-04-26 14:42:31
The Constitutional Court of Colombia has marked a milestone in the protection of human rights by recognizing internal forced displacement caused by natural disasters and climate change. The historic Sentence T-123, issued on April 16, responds to a protection action filed by an elderly peasant couple who were displaced from their home due to the overflowing of the Bojabá River in Saravena, Arauca.
This ruling highlights a previous legal vacuum in the country, where forced displacement was only considered in the context of armed conflict. However, with the increasing incidence of natural disasters in Colombia, the need to address displacement due to environmental causes is recognized.
María Lucía Torres, director of the Public Actions Group of the Universidad del Rosario, pointed out that this ruling establishes a crucial precedent when considering forced displacement as a multi-causal phenomenon that affects millions of people in the country. The Court’s decision has an “inter comunis” effect, which implies that other people in the community who face similar situations can benefit from the ruling.
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The recognition of natural disasters and climate change as factors of internal forced displacement reinforces international standards for the protection of human rights. Colombia thus becomes the second country in Latin America, after Peru, to recognize these various causes of internal displacement.
The Constitutional Court urges the Congress of the Republic to develop a comprehensive regulatory framework to address the phenomenon of forced displacement, guaranteeing the prevention, care and recovery of the displaced, regardless of the cause that originates it.
From the Public Actions Group, they are committed to continuing to accompany the community in the implementation of the orders of the sentence. Now, the responsibility falls on the different State institutions to advance this crucial issue for the protection of human rights in Colombia.
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