Law 387 of 1997
Official Gazette No. 43091 of July 24, 1997
Whereby measures for the prevention of forced displacement; care, protection, consolidation and stabilization of the internally displaced by violence in the Republic of Colombia. Summary
THE CONGRESS OF COLOMBIA DECREES: TITLE I.
THE DISPLACED AND STATE RESPONSIBILITY
ARTICLE 1o. THE DISPLACED. It is moved every person who has been forced to migrate within the national territory, abandoning his place of residence or usual economic activities because their lives, physical integrity, safety or personal freedom have been violated or are directly threatened, during any of the following situations: internal armed conflict, internal disturbances and tensions, generalized violence, massive violations of human rights, violations of international humanitarian law or other circumstances originating from prior situations that may drastically alter or disturb public order. Effective Jurisprudence
PARAGRAFO. The National Government will regulate what is meant by displaced status. Effective Jurisprudence
. PRINCIPLES. The interpretation and application of this law is guided by the following principles:
1o. Forced displaced people have the right to request and receive international aid and this generates a corresponding right of the international community to provide humanitarian aid.
2o. The forcibly displaced shall enjoy the fundamental civil rights recognized internationally.
3o. The displaced and / or forcibly displaced have the right not to be discriminated against because of their social condition of displaced people because of race, religion, political opinion, place of origin or physical incapacity.
4o. Forcibly displaced family should benefit from the fundamental right to family reunification.
5O. The forcibly displaced have the right to access solutions to their situation.
6o. The forcibly displaced have the right to return to their place of origin.
The 7th. Colombians have the right not to be forcibly displaced.
The 8th. The displaced and / or forced displaced persons have the right to freedom of movement is not subject to such limitations as are prescribed by law.
The 9th. The State should create conditions that facilitate the coexistence of Colombians, equity and social justice. Effective Jurisprudence
ARTICLE 3o. STATE OF LIABILITY. It is the responsibility of the Colombian State formulating policies and adopt measures for the prevention of forced displacement; care, protection and socioecómica consolidation and stabilization of internal displaced by violence.
For purposes of the preceding paragraph, the principles of subsidiarity, complementarity, decentralization and competition in which the organization of the Colombian government rests is taken into account.
THE NATIONAL SYSTEM OF COMPREHENSIVE ASSISTANCE TO POPULATIONS DISPLACED BY
VIOLENCE CHAPTER I.
CREATION, CONSTITUTION AND OBJECTIVES OF THE NATIONAL SYSTEM OF INTEGRAL
ATTENTION TO POPULATIONS DISPLACED BY VIOLENCE | || ARTICLE 4.
. OF CREATION. Effective Notes
The 5th ARTICLE. OF THE CONSTITUTION. Effective Notes
. THE NATIONAL COUNCIL FOR COMPREHENSIVE ASSISTANCE TO POPULATIONS DISPLACED BY VIOLENCE. Effective Notes
Article 7. COMMITTEES municipal, district and departmental FOR COMPREHENSIVE ASSISTANCE TO POPULATIONS DISPLACED BY VIOLENCE. The national government will promote the creation of municipal, district and departmental committees for Integral Attention to the Population Displaced by Violence, responsible for providing support and provide cooperation to the National System of Integral Attention to the Population Displaced by Violence, which will be formed by:
1. The Governor or Mayor, or his substitute, who will preside.
2. Brigade Commander or his delegate.
3. The Commander of the National Police in the respective jurisdiction or his delegate.
4. The Director of Health Service or Branch Chief of the respective Health Unit, as appropriate.
5. The Regional Director, Center Zonal Coordinator or Director of Agency in the new departments, the Colombian Institute of Family Welfare.
6. A representative of the Colombian Red Cross.
7. A representative of the Civil Defense.
8. A representative of the churches.
9. Two representatives of the Displaced Population.
PARAGRAFO 1o. The Committee, by its decision, may convene representatives or delegates of other organizations or general civic organizations or persons of social relevance in their respective territories.
The Interior Ministry or any entity of national, member of the National Council may, for the purpose of coordinating the implementation of the actions and / or provide technical support in any of the areas of intervention, attend meetings of such committees .
PARAGRAFO 2o. When displacement occurs in towns, villages or districts where they can not be called all former members, the Committee may meet with the political authority of the Inspector first place constable or his substitute, the representative of the displaced and / or the representative of the churches, of the Public Force and the National Police.
PARAGRAFO 3o. In those municipalities or districts where situations of displacement caused by violence occur, it will be required to convene emergency mayors municipal and district committees for Comprehensive Care of the Displaced Population. It is grounds for misconduct omit compliance with this provision.
. ACTIONS OF PREVENTION OF MUNICIPAL COMMITTEES. Prevention actions to be undertaken by municipal committees, among others, are:
1. legal actions. The members of the municipal committee should guide communities that may be affected by a shift made in the solution for legal and institutional ways of conflicts that can generate such a situation. It also will analyze the feasibility of legal actions and recommend or decide the timely filing of relevant constitutional or legal resources to minimize or eradicate embryonic processes of persecution or violence.
2. The members of the municipal committee will try to prevent displacement processes embryonal proposing alternative dispute resolution mechanisms.
3. care actions. The members of the municipal committee should assess the unmet needs of people or communities that may eventually precipitate a process of forced displacement. They should, based on that assessment, taking care appropriate action.
THE NATIONAL PLAN FOR COMPREHENSIVE ASSISTANCE TO POPULATIONS DISPLACED BY VIOLENCE SECTION 1.
DESIGN AND OBJECTIVES OF THE NATIONAL PLAN FOR COMPREHENSIVE ASSISTANCE TO POPULATIONS DISPLACED BY VIOLENCE
Article 9. DESIGN. The National Government will design the National Plan for Comprehensive Care for the Population Displaced by Violence which, once approved by the National Council, it will be adopted by decree.
For the preparation of this plan will count with the participation of public, private and community entities that make up the National System of Integral Attention to the Population Displaced by Violence.
The measures and actions adopted in the National Plan must address the special characteristics and conditions of the "expulsion zones" and "reception areas".
PARAGRAFO. The National Government will design and execution, within a period not exceeding six (6) months from the effective date of this law, the plan referred to this article.
ARTICLE 10. OBJECTIVES. The objectives of the National Plan will include, among others:
1. Prepare diagnoses of the causes and agents that generate displacement by violence, areas of the country where the largest population flows, the receiving areas, of people and communities who are victims of this situation and the consequences occur social, economic, legal and political that it generates.
2. Design and adopt social, economic, political, legal and security aimed at preventing and overcoming the causes of forced displacement.
3. Adopt emergency humanitarian assistance to the displaced population, in order to ensure their protection and the conditions for the survival and adaptation to the new situation.
4. Create and implement mechanisms to provide legal and legal assistance to the displaced population to ensure the investigation of the facts, restitution of violated rights and defend the property affected.
5. Design and adopt measures to ensure the displaced population access to plans, programs and integrated projects for urban and rural development, providing the means to create their own livelihoods, so that their return to social life, work and cultural life, is made avoiding segregation processes or social stigmatization.
6. Take the necessary measures to enable the voluntary return of the displaced to their areas of origin or relocating to new settlement areas.
7. Giving special attention to women and children, preferentially to widows, women-headed households and orphans.
8. Ensure special attention to the black and indigenous communities subjected to displacement in accordance with their customs, and promoting the return to their territories, and
9. Other actions that the National Council deems necessary.
SECTION 2. NATIONAL INFORMATION NETWORK FOR ATTENTION TO POPULATIONS DISPLACED BY VIOLENCE
ARTICLE 11. OPERATION. The National Information Network for Attention to the Displaced Population will be the instrument that will ensure the National System rapid and effective national and regional information on violent conflict, identification and diagnosis of the circumstances forcing displacement of the population.
Also allows you to assess the magnitude of the problem, take steps for immediate attention, develop plans for consolidation and stabilization of the displaced and develop alternative solutions to care for the population displaced by violence. The network must have a special module for monitoring of actions taken in developing the National Plan.
ARTICLE 12. LOCAL INFORMATION POINTS. Presidential Adviser for Displaced Persons and the General Special Administrative Unit for Human Rights, in coordination with departmental and municipal governments, municipal ombudsmen, regional and sectional offices of the Ombudsman, the Colombian Red Cross, the Church and IDP organizations, agreed installing network points in the municipalities of the areas affected by displacement.
OBSERVATORY OF INTERNAL DISPLACEMENT BY VIOLENCE. The National Government will establish an Observatory on Internal Displacement by violence, which will produce semiannual reports on the magnitude and trends presents the displacement and the results of state policies for the displaced population. The Observatory will strengthen the National Information Network and will include the participation of experts and renowned academic centers. SECTION 3.
ARTICLE 14 OF PREVENTION. In order to prevent forced displacement by violence, the Government shall, among others, the following measures:
1. Encourage the establishment of working groups for the prevention and anticipation of risks that may cause displacement.
2. Promoting citizens and community generation of peaceful coexistence acts and actions of the police against the stressors.
3. Develop actions to avoid arbitrariness, discrimination and to mitigate risks to life, integrity of people and the assets of the displaced population.
4. Design and implement a Plan of Dissemination of International Humanitarian Law, and
5. Advising departmental and municipal authorities development plans for programs of prevention and care are included.
PARAGRAFO. The Directorate General of the Special Administrative Human Rights Unit of the Ministry of Interior shall arrange with municipal and / or provincial authorities the call for the Security Councils, where there are substantial grounds for believing that forced displacement is present. SECTION 4.
OF HUMANITARIAN EMERGENCY CARE
ARTICLE 15 OF HUMANITARIAN EMERGENCY CARE. Once displacement occurs, the Government will initiate aimed at ensuring emergency humanitarian assistance in order to help, assist and protect displaced people and meet their needs for food, grooming, handling supplies for immediate action, utensils kitchen, medical and psychological care, emergency transportation and temporary housing in decent conditions.
In all cases of displacement, civilian and military authorities who are in areas receiving displaced population, ensure the free passage of humanitarian aid shipments, national and international support to the displaced population and the establishment of temporary or permanent offices for the defense and protection of human rights and compliance with the rules of international humanitarian law.
As long as the emergency situation the creation and maintenance of inter-agency teams made up of state and government entities at the national, departmental and municipal levels for the protection of the displaced and their property goods sponsor.
The Public Ministry and the Attorney General's Office officially undertake investigations into offenses that led to displacement.
PARAGRAFO. A humanitarian emergency care entitlement for a maximum of three (3) months, exceptionally extended for another three (3) most. Effective Jurisprudence
ARTICLE 16. THE RETURN. The Government will support the displaced people want to return to their places of origin, in accordance with the provisions in this law on the protection and consolidation and stabilization.
SECTION 6. THE SOCIOECONOMIC STABILIZATION AND CONSOLIDATION
THE ARTICLE 17. SOCIOECONOMIC STABILIZATION AND CONSOLIDATION. The National Government will promote actions and measures medium and long term in order to create conditions of economic and social sustainability for displaced people in the framework of voluntary return or resettlement in other rural or urban areas.
These measures should allow direct access of IDPs to government social supply, particularly related programs:
1. Productive projects.
2. National System of Agrarian Reform and Rural Development Campesino.
3. Microenterprise development.
4. Training and social organization.
5. social health care, education and urban and rural housing, children, women and elderly people, and
6. Urban and rural plans of the Social Solidarity Network employment. SECTION 7.
the cessation of the condition of displacement FORCED
ARTICLE 18. CESSATION OF THE STATUS OF DISPLACED FORCED. The condition of displacement forced by the violence ceases when the consolidation and stabilization, either in their place of origin or resettlement areas is achieved.
PARAGRAFO. Effective Jurisprudence
ARTICLE 19. INSTITUTIONS. The institutions involved in the Integral Attention to the Displaced Population, with its personnel and administrative structure shall adopt internal guidelines that will allow them to effectively and timely attention to the displaced population, within the framework of coordination National system of Integral Attention to the Displaced Population.
The institutions with responsibility for Comprehensive Care of the Displaced Population must adopt, among others, the following measures:
1. The Colombian Institute for Agrarian Reform, INCORA, adopt special programs and procedures for the disposal, allocation and land titling in the areas of expulsion and reception of the population affected by forced displacement, and special credit lines, giving priority to the displaced population.
The Incora keep a register of rural properties left behind by displaced by violence and inform the competent authorities to proceed to prevent any act of disposal or transfer of title to such property when such action forward against the will of the holders of the respective rights. Editor's Notes
In the process of return and resettlement of people displaced by violence, the Government will give priority to these areas in rural reserve and / or those rural properties that have been subject to the action of asset forfeiture by administrative decision or judicial.
The Agricultural Institute of Agrarian Reform established a program to receive the land of displaced persons in exchange for the award of other properties with similar characteristics in other areas of the country.
The Agricultural Guarantee Fund guarantees 100% grant credits to the productive projects of the displaced.
2. The Ministry of Agriculture and Rural Development, through the Department of Social Development and the Office of Rural Women, will design and implement programs for the care and consolidation and stabilization of the displaced population.
3. The Institute of Industrial Development, through programs Propyme and Finurbano grant special credit lines regarding grace periods, interest rates, guarantees and amortization times for microenterprise development and production projects presented by the beneficiaries of this law.
4. The General System of Social Security in Health will implement expeditious mechanisms for the affected displaced people to access services, surgical, dental, psychological, hospital and rehabilitation comprehensive health care, in accordance with the provisions of Law 100 of 1993 .
5. Social Solidarity Network will on the tables of solidarity priority to the needs of displaced communities and serve victims of this phenomenon, linking them to their programs.
6. The National Office for Equality of Women give priority in their programs to women displaced by violence, especially widows and female heads of household.
7. The Colombian Institute of Family Welfare will give priority in their programs to the care of infants, to children, especially orphans, and family groups, linking the draft family and community social assistance in settlement areas of the displaced.
8. The National Joint Financing System give preferential attention to territorial entities applying for co-financing of various projects to meet the needs of the population affected by forced displacement.
9. The local authorities will develop special care programs in education to the population displaced by violence and resources will access grant program to stay and assistance to basic education of FIS.
10. The Ministry of National Education and the Ministries of Education departmental, municipal and district adopt special educational programs for victims of displacement by violence. Such programs may be basic and specialized secondary education will be developed in smaller and different from conventional times, to ensure their rapid effect on the rehabilitation and social articulation, productive employment and victims of internal displacement by violence.
11. SENA will prioritize and ease the access of young people and adults displaced by violence, to their training programs and technical training.
12. The Ombudsman design and implement outreach programs and promotion of the rules of international humanitarian law.
These programs should integrate Governmental Entities of national, departmental and municipal levels, the NGOs and IDP organizations.
13. The National Television Commission will design and execute awareness campaigns and awareness to prevent forced displacement on national television channels, and
14. The National Institute of Urban Reform, Inurbe, develop special housing programs to meet the needs of the population displaced by violence.
ARTICLE 20. PUBLIC MINISTRY. The Public Ministry and its regional and sectional custody and promotion of Human Rights and International Humanitarian Law of the victims of forced displacement offices and control strict compliance with the obligations assigned to each institution in the National Plan for Integral Attention to the Displaced Population. Municipal authorities should inform, immediately, the representative of the corresponding Public Ministry, on the occurrence of displacement or the occurrence of events that may generate.
NATIONAL FUND FOR COMPREHENSIVE ASSISTANCE TO POPULATIONS DISPLACED BY VIOLENCE
ARTICLE 21. CREATION AND NATURE OF. Create the National Fund for Comprehensive Care for the Population Displaced by Violence that will function as a special account unincorporated administered by the Ministry of Interior, as a separate accounting system.
PARAGRAFO. The Presidential Adviser for Displaced coordinate the implementation of the resources of the Fund.
Article 22. OBJECT. The National Fund for Integral Attention to the Population Displaced by Violence is to finance and / or co-finance prevention programs displacement, emergency humanitarian assistance, return, stabilization and socio-economic consolidation and the installation and operation National Information network.
PARAGRAFO. The participation of the National Fund in financing and / or co-financing of these programs does not exempt institutions and national, departmental, district and municipal entities involved in comprehensive care for the displaced population, to manage the necessary resources for the implementation of the actions of their competitors.
ARTICLE 23. RESOURCES. The resources of the National Fund for Integral Attention to the Population Displaced by Violence shall consist of:
1. The resources assigned to it by the General Budget of the Nation.
2. Cash donations directly to the Fund entering upon joining the General Budget of the Nation and in-kind donations legally accepted.
3. Credit resources to hire the Nation to serve the purpose and functions of the Fund, prior to incorporation in the General Budget of the Nation.
4. The cash contributions from international cooperation, before joining the General Budget of the Nation.
5. Other assets, rights and resources allocated, acquired or acquire any title in accordance with the law.
ARTICLE 24. ADMINISTRATION. The administration of the National Fund for Integral Attention to the Population Displaced by Violence will be headed by the Director General of the Directorate General Special Administrative Unit for Human Rights of the Ministry of the Interior, who will be computer spending under the powers delegated to it give the Minister of Interior.
ARTICLE 25 OF THE REGULATIONS. The Government, following the effective date of this law within three (3) months, shall regulate the organization and operation of the Fund, the objectives and corresponding functions, the system of appropriations and operations in budgetary and patrimonial matters necessary for operation.
Likewise, the Government will make budgetary adjustments and transfers in the General Budget of the Nation for leave to head the Fund appropriations necessary for the fulfillment of its objectives.
LEGAL PROTECTION FRAMEWORK
ARTICLE 26. THE DEFINITION OF THE MILITARY SITUATION OF DISPLACED. Persons having the legal obligation to resolve their military situation and for reasons related to forced displacement it had not done so, may occur at any, within the year following the date on which there was displacement military district, to solve this situation not to be considered remiss.
ARTICLE 27 OF THE DISTURBANCE OF POSSESSION. The disturbance of possession or abandonment of real or personal property, during a violent situation that forces the forced displacement of the holder, will not interrupt the statute of limitations in their favor.
The holder interrupted in the exercise of their right inform that the shift to the Municipal Attorney, Ombudsman, Agrarian, or any entity of the Public Ministry, so that judicial and / or administrative actions are ahead that may be required.
ARTICLE 28 OF THE LITIGATION AND ADMINISTRATIVE DISPLACED IN WHICH THE FORCE IS PART. In judicial and administrative proceedings in which the forcibly displaced is a party, the competent authorities shall assess under the circumstances, changes filing, commissions, transportation and other steps necessary to ensure the speed and efficiency of processes which concerned without prejudice to the rights of third parties.
TITLE IV. OTHER PROVISIONS
ARTICLE 29. PROTECTION OF DISPLACED PERSONS. The Directorate General Special Administrative Unit for Human Rights of the Ministry of Interior provide protection to people displaced by the violence, for which there are reasonable grounds to fear for their safety, under the parameters established by the National Plan for Comprehensive Care Displaced Population.
The assessment of the security situation of the displaced will be done in close collaboration with the Public Ministry, the Church and non-governmental organizations carrying out activities in the areas of expulsion.
ARTICLE 30. SUPPORT ORGANIZATIONS DISPLACED. The national government will provide the necessary organizations of the displaced and non-governmental entities to develop actions for human rights and guarantees of internally displaced persons.
ARTICLE 31 OF REPORTS TO CONGRESS. In order to evaluate the development of the National Plan for Comprehensive Care for the Population Displaced by Violence, the National Government will submit to Congress before March 16 of each year, a report on the implementation of the plan and and corrective action proposals to follow.
Article 32. BENEFITS OF PURSUING IN THIS LAW. They will be entitled to receive the benefits enshrined in this law, Colombians who are in the circumstances provided for in Article 1 thereof and have declared these facts to the Attorney General's Office, or to the Ombudsman, or to the municipal or district Personerías in unique format designed by the Social Solidarity Network. Any of these agencies receive such declaration shall send a copy thereof no later than the next business day, the Social Solidarity Network or office designated by it at the departmental, district or municipal level for enrollment in the program Benefits.
PARÁGRAFO. Where it is established that the facts stated by who claims displaced status are not true, this person will lose all benefits provided by this law, without prejudice to any criminal penalties that may apply. Effective Notes
ARTICLE 33. In furtherance of the Article 87 of the Constitution, the beneficiaries of this law, non-governmental organizations and official entities responsible for the defense and promotion of Human Rights, may exercise the action compliance to demand judicially the full realization of the rights enshrined in this law in favor of the displaced.
While Article 87 of the Constitution legally develops, enforcement action will be processed in accordance with the procedural provisions and competition contained in Decree No. 2591 of 1991 on tutela.
ARTICLE 34. THE EFFECTIVENESS OF LAW. This law governs from its promulgation.
The President of the honorable Senate,
LUIS FERNANDO LONDOÑO CAPURRO.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives,
GIOVANNI LAMBOGLIA MAZZILLI.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Ibague, 18 July 1997.
Ernesto Samper Pizano Interior Minister,
CARLOS HOLMES TRUJILLO GARCIA.
The Minister of Finance and Public Credit, JOSE ANTONIO OCAMPO
The Minister of National Defense, Gilberto Echeverri Mejía