Adopting Measures For The Prevention Of Forced Displacement; Care, Protection And Consolidation And Stabilization Of Internally Displaced Persons In The Republic Of Colombia

Original Language Title: Por la cual se adoptan medidas para la prevención del desplazamiento forzado; la atención, la protección y consolidación y estabilización socioeconómica de los desplazados internos en la República de Colombia

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387 OF 1997

(July 18)

Official Journal No. 43.091 of 24 July 1997

By which measures are adopted for the prevention of forced displacement; the attention, protection, consolidation and socioeconomic stabilization of the internally displaced by violence in the Republic of Colombia.

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

TITLE I.

OF THE DISPLACED AND STATE RESPONSIBILITY

ARTICLE 1o. OF THE DISPLACED. It is displaced any person who has been forced to migrate within the national territory by leaving their place of residence or usual economic activities, because their life, their physical integrity, their security or freedom have been violated or are directly threatened, on the occasion of any of the following situations: internal armed conflict, internal unrest and tensions, widespread violence, massive violations of human rights Humans, violations of International Humanitarian Law or other circumstances emanated from previous situations which may alter or drastically alter public order.

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PARAGRAFO. The National Government will regulate what is meant by displaced condition.

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ARTICLE 2o. FROM THE PRINCIPLES. The interpretation and application of this law is guided by the following principles:

1o. Forced displaced persons have the right to request and receive international assistance, and this generates a correlative right of the international community to provide humanitarian aid.

2o. Forced displacement will enjoy internationally recognized fundamental civil rights.

3o. Displaced persons and displaced persons are entitled not to be discriminated against because of their social status as displaced persons, reason for race, religion, public opinion, place of origin or physical incapacity.

4o. The family of forced displaced should benefit from the fundamental right of family reunification.

5o. Forced displaced people have the right to access definitive solutions to their situation.

6o. Forced displacement is entitled to return to its place of origin.

7o. Colombians have the right not to be forcibly displaced.

8o. The displaced and/or the forced displaced have the right that their freedom of movement should not be subject to more restrictions than those provided for in the law.

9o. It is the duty of the State to promote the conditions that facilitate the coexistence of Colombians, equity and social justice.

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ARTICLE 3o. OF THE STATE ' S RESPONSIBILITY. It is the responsibility of the Colombian State to formulate policies and adopt measures for the prevention of forced displacement; the attention, protection and consolidation and socio-economic stabilization of the internally displaced by violence.

For the purposes of the previous paragraph, the principles of subsidiarity, complementarity, decentralization and concurrence in which the organization of the Colombian State is based will be taken into account.

TITLE II.

FROM THE NATIONAL COMPREHENSIVE CARE SYSTEM TO THE

POPULATION DISPLACED BY VIOLENCE

CHAPTER I.

CREATION, CONSTITUTION AND OBJECTIVES OF THE NATIONAL SYSTEM

COMPREHENSIVE CARE FOR THE POPULATION DISPLACED BY VIOLENCE

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ARTICLE 4. FROM CREATION. 5 of Decree 790 of 2012 >

Vigency Notes
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ARTICLE 5o. OF THE CONSTITUTION. 5 of Decree 790 of 2012 >

Vigency Notes
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ARTICLE 6o. FROM THE NATIONAL COUNCIL FOR COMPREHENSIVE CARE FOR THE POPULATION DISPLACED BY VIOLENCE. 5 of Decree 790 of 2012 >

Vigency Notes
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ARTICLE 7o. OF THE MUNICIPAL, DISTRICT AND DEPARTMENTAL COMMITTEES FOR INTEGRAL ATTENTION TO THE POPULATION DISPLACED BY VIOLENCE. The National Government will promote the creation of municipal, district and departmental committees for the attention of the population. Integral to the Population Displaced by Violence, charged with providing support and collaboration with the National System of Integral Attention to the Population Displaced by Violence, which will be shaped by:

1. The Governor or the Mayor, or who does his or her times, who will preside.

2. The Brigade Commander or his delegate.

3. The National Police Commander in the respective jurisdiction or his delegate.

4. The Director of the Sectional Health Service or the Head of the respective Health Unit, as the case may be.

5. The Regional Director, Coordinator of the Zonal Center or the Director of the Agency in the new departments, of 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 from other organizations or in general to civic organizations or persons of social relevance in the respective territory.

The Ministry of the Interior or any entity of the national order, member of the National Council may, for the purpose of coordinating the execution of the actions and/or providing technical support in any of the areas of intervention, attend the sessions of these committees.

PARAGRAFO 2o. When displacement occurs in populations, paths, or corregimientos where all of the above members cannot be convened, the Committee may meet the first political authority of the place -Police inspector-or who does his or her times, the representative of the displaced and/or the representative of the Churches, the Public Force and the National Police.

PARAGRAFO 3o. In those municipalities or districts where displacement situations arise from violence, it will be the obligation of the mayors to convene the municipal and district committees of emergency. Integral Attention of the Displaced Population. It will be a cause of misconduct to omit compliance with this provision.

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ARTICLE 8o. OF THE PREVENTION ACTIONS OF THE MUNICIPAL COMMITTEES. The prevention actions to be undertaken by the municipal committees, among others, will be:

1. Legal actions. The members of the municipal committee should guide the communities that may be affected by a displacement, in the solution, through legal and institutional channels, of the conflicts that may generate such a situation. They will analyze the feasibility of legal actions and recommend or decide the appropriate interposition of the relevant constitutional or legal resources that allow to minimize or eradicate embryonic processes of persecution or violence.

2. The members of the municipal committee will try to prevent embryonic displacement processes by proposing alternative mechanisms for conflict resolution.

3. Care actions. The members of the municipal committee shall assess the unmet needs of the persons or communities that may eventually precipitate a forced displacement process. They shall, on the basis of that assessment, take the care measures of the case.

CHAPTER II.

OF THE NATIONAL PLAN FOR COMPREHENSIVE CARE FOR THE POPULATION DISPLACED BY VIOLENCE

SECTION 1.

OF THE DESIGN AND OBJECTIVES OF THE NATIONAL PLAN FOR COMPREHENSIVE CARE FOR THE POPULATION DISPLACED BY VIOLENCE

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ARTICLE 9o. National Government will design the National Plan for Integral Attention to the Population Displaced by Violence, which, once approved by the National Council, will be adopted by decree.

For the elaboration of this plan, the public, private and community entities that make up the National System of Integral Attention to the Population Displaced by Violence will be included.

Measures and actions to be taken in the National Plan must address the special characteristics and conditions of the "expulsion zones" and the "reception areas".

PARAGRAFO. The National Government will design and implement, in a term not greater than six (6) months, counted from the validity of this law, the plan referred to in this article.

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ARTICLE 10. OF THE GOALS. The objectives of the National Plan will be as follows, among others:

1. To develop diagnoses of the causes and agents that generate displacement by violence, of the zones of the national territory where the greatest flows of population, of the receiving areas, of the people and communities that are victims are produced of this situation and of the social, economic, legal and political consequences that it generates.

2. To design and adopt social, economic, legal, political and security measures aimed at preventing and overcoming the causes that generate forced displacement.

3. Adopt emergency humanitarian measures to the displaced population, in order to ensure their protection and the necessary conditions for subsistence and adaptation to the new situation.

4. Create and implement mechanisms that provide legal and legal assistance to the displaced population to guarantee the investigation of the facts, the restitution of the rights violated, and the defense of the affected goods.

5. Design and adopt measures that guarantee the displaced population their access to comprehensive urban and rural development plans, programs and projects, offering them the means to create their own forms of subsistence, in such a way that their reintegration into the social, labor and cultural life of the country, by avoiding processes of segregation or social stigmatization.

6. Take the necessary measures to enable the voluntary return of the displaced population to their area of origin or their relocation to new settlement areas.

7. To give special attention to women and children, preferably to widows, women heads of families and orphans.

8. To ensure special attention to the black and indigenous communities subjected to displacement in correspondence with their uses and customs, and to encourage the return to their territories, and

9. The other actions the National Council deems necessary.

SECTION 2.

OF THE NATIONAL INFORMATION NETWORK FOR ATTENTION TO THE POPULATION DISPLACED BY VIOLENCE

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ARTICLE 11. National Information Network for the Displaced Population will be the instrument that will guarantee to the National System a rapid and effective national and regional information on violent conflicts, identification and the diagnosis of the circumstances that require the displacement of the population.

In addition, it will allow you to evaluate the magnitude of the problem, take immediate care measures, develop plans for the consolidation and stabilization of the displaced, and formulate solutions for the care of the displaced population. for violence. This network should have a special module to monitor the actions implemented in the development of the National Plan.

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ARTICLE 12. LOCAL INFORMATION POINTS. The Presidential Counseling for the Displaced and the Directorate General Special Administrative Unit for Human Rights, in coordination with the departmental and municipal governments, the representatives Municipal, regional and sectional offices of the Ombudsman's Office, the Colombian Red Cross, the Church and the displaced organizations, will agree to the installation of network points in the municipalities of the areas affected by the displacement.

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ARTICLE 13. FROM THE OBSERVATORY OF INTERNAL DISPLACEMENT FOR VIOLENCE. The National Government will create an Observatory of Internal Displacement for Violence, which will produce half-yearly reports on the magnitude and trends of violence. the displacement and the results of the state policies in favor of the displaced population. This observatory will strengthen the National Information Network and will have the participation of experts and academic centers of recognized trajectory.

SECTION 3.

OF THE PREVENTION

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ARTICLE 14. OF THE PREVENTION. In order to prevent forced displacement by violence, the National Government will adopt, among others, the following measures:

1. To encourage the creation of working groups for the prevention and anticipation of the risks that can generate displacement.

2. To promote citizen and community acts of the generation of peaceful coexistence and the action of public force against the factors of disturbance.

3. To develop actions to avoid arbitrariness, discrimination and to mitigate the risks to life, the integrity of the people and the assets of the displaced population.

4. Design and execute a Global Humanitarian Law Broadcast Plan, and

5. Advise the departmental and municipal authorities responsible for development plans to include prevention and care programs.

PARAGRAFO. The Directorate General of the Special Administrative Unit for Human Rights of the Ministry of the Interior, will have to arrange with the municipal and/or departmental authorities the call of the Councils of Security, where there are reasonable grounds to assume that a forced displacement will occur.

SECTION 4.

EMERGENCY HUMANITARIAN CARE

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ARTICLE 15. OF EMERGENCY HUMANITARIAN ATTENTION. Once displacement occurs, the National Government will initiate immediate actions to ensure emergency humanitarian assistance in order to assist, assist and protect the displaced population and meet their needs for food, personal grooming, supply management, kitchen utensils, medical and psychological care, emergency transport and transitional accommodation in decent conditions.

In all cases of displacement, the civilian and military authorities in the displaced population receiving areas will ensure the free passage of humanitarian aid shipments, national and international support to the the displaced population and the establishment of temporary or permanent offices for the defense and protection of human rights and compliance with the norms of International Humanitarian Law.

As long as the emergency situation persists, the creation and permanence of inter-institutional teams formed by state and government entities of the national, departmental, and municipal order for the protection of displaced persons will be sponsored. and its heritage assets.

Public Ministry and the Office of the Prosecutor General of the Nation will undertake the investigations on the punishable acts that led to the displacement.

PARAGRAFO. Emergency humanitarian attention is entitled to maximum space of three (3) months, extendable exceptionally for another three (3) more.

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SECTION 5.

RETURN

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ARTICLE 16. OF RETURN. The National Government will support the displaced population who want to return to their places of origin, in accordance with the provisions of this law regarding protection and consolidation and socioeconomic stabilization.

SECTION 6.

SOCIOECONOMIC CONSOLIDATION AND STABILIZATION

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ARTICLE 17. FROM THE CONSOLIDATION AND SOCIOECONOMIC STABILIZATION. The National Government will promote medium and long-term actions and measures with the aim of creating conditions of economic and social sustainability for the displaced population in the framework of the voluntary return or resettlement in other rural or urban areas.

These measures should allow direct access of the displaced population to the government's social offer, in particular to programs related to:

1. Productive projects.

2. National System of Agrarian Reform and Rural Rural Development.

3. Promotion of micro-enterprise.

4. Training and social organization.

5. Social care in health, education and urban and rural housing, childhood, women and seniors, and

6. Urban and rural employment plans of the Social Solidarity Network.

SECTION 7.

OF CEASING FORCED OFFSET CONDITION

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ARTICLE 18. FROM THE CESSATION OF THE FORCED DISPLACEMENT CONDITION. The condition of displaced forced by violence ceases when the consolidation and socioeconomic stabilization is achieved, either in its place of origin or in the resettlement zones.

PARAGRAFO.

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SECTION 8.

OF INSTITUTIONS

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ARTICLE 19. institutions committed to the Integrated Care to the Displaced Population, with its personnel plant and administrative structure, must adopt at internal level the guidelines that will enable them to lend effectively and -timely attention to the displaced population, within the framework of the coordination of the National System of Integral Attention to the Displaced Population.

The institutions with responsibility for the Integrated Care of the Displaced Population should adopt, among others, the following measures:

1. The Colombian Institute for Agrarian Reform, Incora, will adopt special programs and procedures for the disposal, award and titling of land, in the areas of expulsion and reception of the population affected by the displacement forced, as well as special lines of credit, giving priority to the displaced population.

The Incora will keep a record of the rural lands abandoned by those displaced by the violence and will inform the competent authorities to prevent any action to dispose of or transfer property from these goods, when such action is brought against the will of the holders of the respective rights.

Editor Notes

In the processes of return and relocation of displaced persons by violence, the National Government will give priority to these in the rural reserve zones and/or those rural lands that have been the object of the extinction of the domain by means of administrative or judicial judgment.

the Agricultural Reform Institute of Agrarian Reform will establish a program that allows the land of displaced persons to be received in exchange for the award of other similar properties in other parts of the country.

The Agricultural Guarantee Fund will provide 100% guarantees for the credits of the productive projects of the displaced.

2. The Ministry of Agriculture and Rural Development, through the Directorate of Social Development and the Office of Rural Women, will design and implement programs for the attention and consolidation and socioeconomic stabilization of the displaced population.

3. The Institute of Industrial Development, through the programs of Propyme and Finurbano will grant special lines of credit in terms of periods of grace, interest rates, guarantees and timings for the development of microenterprises and productive projects submitted by the beneficiaries of this law.

4. The General System of Social Security in Health will implement expedited mechanisms for the population affected by displacement to access the services of comprehensive, surgical, dental, psychological, hospital and medical care. rehabilitation, in accordance with the provisions of Law 100 of 1993.

5. The Social Solidarity Network will give priority to the needs of the displaced communities at the solidarity tables and will address the victims of this phenomenon, linking them to their programs.

6. The National Directorate for Women's Equity will give priority in its programs to women displaced by violence, especially widows and women heads of families.

7. The Colombian Family Welfare Institute will give priority in its programs to the care of infant children, minors, especially orphans, and family groups, linking them to the family welfare project and Community in the areas of settlement of the displaced.

8. The National System of Cofinancing will give preferential attention to the territorial entities that request the co-financing of the different projects to meet the needs of the population affected by the forced displacement.

9. The territorial entities will develop special educational programs for the population displaced by the violence and will access resources from the program of subsidies to the permanence and assistance to the basic education of the FIS.

10. The Ministry of National Education and the departments of departmental, municipal and district education will adopt special educational programs for the victims of the displacement of violence. Such programmes may be of basic and average specialized education and will be developed in times less and different than conventional ones, to ensure their rapid effect on the rehabilitation and social, labour and productive articulation of the victims of the internal displacement of violence.

11. The SENA will give priority and ease to the access of youth and adults displaced by violence, to their training programs and technical training.

12. The Ombudsman's Office will design and implement programs to disseminate and promote the norms of International Humanitarian Law.

In these programs, the Government Entities of the national, departmental and municipal order, the Non-Governmental Organizations and the Displaced Organizations must be integrated.

13. The National Television Commission will design and execute awareness and awareness campaigns to prevent forced displacement on national television channels, and

14. The National Institute of Urban Reform, Inurbe, will develop special housing programs to address the needs of the population displaced by violence.

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ARTICLE 20. From the public ministry. It is for the Public Ministry and its regional and sectional offices to keep and promote Human Rights and International Humanitarian Law for the population that is the victim of forced displacement, as well as the control of strict compliance with the obligations assigned to each institution in the National Plan for Integral Attention to the Displaced Population. The municipal authorities shall immediately inform the representative of the Public Ministry concerned about the occurrence of the displacement or the occurrence of events that may generate it.

CHAPTER III.

OF THE NATIONAL FUND FOR COMPREHENSIVE CARE FOR THE POPULATION DISPLACED BY VIOLENCE

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ARTICLE 21. FROM CREATION AND NATURE. Create the National Fund for Integral Attention to the Population Displaced by Violence that will function as a special account without legal status administered by the Ministry of the Interior, as a system separate accounts.

PARAGRAFO. The Presidential Counselor for the Displaced will coordinate the execution of the resources of this Fund.

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ARTICLE 22. National Fund for Integral Attention to the Population Displaced by Violence aims to finance and/or co-finance the programs of displacement prevention, emergency humanitarian assistance, return, Stabilisation and socio-economic consolidation and the installation and operation of the National Information Network.

PARAGRAFO. The participation of the National Fund in the financing and/or co-financing of the aforementioned programs does not exempt the national, departmental, district and municipal institutions and entities involved. in integral care for the displaced population, to manage the resources necessary for the implementation of the actions of their competence.

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ARTICLE 23. OF THE RESOURCES. The resources of the National Fund for Integral Attention to the Population Displaced by Violence will be made up of:

1. The resources assigned to it in the General Budget of the Nation.

2. Donations in money that directly enter the Fund, prior to incorporation into the General Budget of the Nation and the legally accepted donations in kind.

3. The credit resources that the Nation contracts to address the object and functions of the Fund, upon incorporation into the General Budget of the Nation.

4. The contributions in money from international cooperation, upon incorporation into the General Budget of the Nation.

5. Other goods, rights and resources awarded, acquired or acquired for any degree in accordance with the law.

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ARTICLE 24. subhead] The administration of the National Fund for Integral Attention to the Population Displaced by Violence will be in charge of the Director General of the Directorate-General for Human Rights of the Ministry of the Interior, who will be a computer for the expenditure under the delegation that the Minister of the Interior will grant him.

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ARTICLE 25. OF THE REGULATION. The National Government, within three (3) months of the validity of this law, will regulate the organization and operation of the Fund, the objectives and functions that correspond to it, the system of appropriations, and operations in the budget and assets necessary for its operation.

passage omitted] The National Government will make adjustments and corresponding budget transfers in the General Budget of the Nation to leave in the head of the Fund the appropriations necessary for the fulfillment of its objectives.

TITLE III.

LEGAL PROTECTION FRAMEWORK

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ARTICLE 26. OF THE DEFINITION OF THE MILITARY SITUATION OF THE DISPLACED. People who have a legal obligation to resolve their military situation and who for reasons related to forced displacement would not have done so, will be able to present themselves to any military district, within the year following the date on which the posting occurred, to resolve such a situation without being referred to it.

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ARTICLE 27. OF THE DISTURBANCE OF THE POSSESSION. The disturbance of the possession or abandonment of the movable or immovable property, in the context of a situation of violence that compels the forced displacement of the possessor, will not interrupt the term of prescription to its '

The holder interrupted in the exercise of his or her right will report the fact of the displacement to the Municipal Person, Ombudsman, Agrarian Attorney, or any entity of the Public Ministry, in order to bring forward the actions judicial and/or administrative to take place.

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ARTICLE 28. OF THE JUDICIAL AND ADMINISTRATIVE PROCESSES IN WHICH THE FORCED DISPLACEMENT IS A PART. In the judicial and administrative processes in which the forced displacement is a part, the competent authorities will evaluate according to the circumstances of the the case, the changes in the case, the fees, transfers and other necessary steps to ensure the speed and effectiveness of the processes concerned, without prejudice to the rights of third parties.

TITLE IV.

OTHER PROVISIONS

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ARTICLE 29. PROTECTION OF DISPLACED PERSONS. The Directorate-General for Human Rights of the Ministry of the Interior shall provide protection to persons displaced by violence, in respect of which they exist. justified reasons to fear for their safety, under the parameters established by the National Plan of Integral Attention to the 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 that carry out activities in the areas of expulsion.

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ARTICLE 30. SUPPORT FOR DISPLACED PERSONS ' ORGANIZATIONS. The National Government will provide the necessary guarantees to the organizations of the displaced and to the Non-Governmental Entities that will develop actions for the human rights and the internally displaced persons.

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ARTICLE 31. FROM THE REPORTS TO THE CONGRESS. In order to evaluate the development of the National Plan for Integral Attention to the Population Displaced by Violence, the National Government will present to the Congress of the Republic, before March 16 of each year, a report on the implementation of the plan and the corrective actions and proposals for action to be followed.

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ARTICLE 32. OF THE BENEFITS ENSHRINED IN THIS LAW. 32 of Law 962 of 2005. The new text is as follows: > They will have the right to receive the benefits enshrined in this law, the Colombians who are in the circumstances provided for in Article 1 of the law and who have In the case of the Office of the Attorney General of the Nation, or before the Ombudsman's Office, or before the Municipal or District Persons, in a unique format designed by the Social Solidarity Network. Any of those bodies which receive the said declaration shall forward a copy of the said declaration, not later than the following working day, to the Social Solidarity Network or to the office designated by it at the departmental, district or municipal level, for its enrollment in the benefit program.

PARAGRAFO. When it is established that the facts declared by the person alleging the status of displaced persons are not true, this person will lose all the benefits granted by this law, without prejudice to criminal sanctions. where there is a place.

Vigency Notes
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ARTICLE 33. In development of the provisions of Article 87 of the National Constitution, the beneficiaries of this law, the Organizations No Government and official entities in charge of the defense or promotion of human rights may exercise the enforcement action to prosecute the full effectiveness of the rights enshrined in this law in favor of the displaced.

While Article 87 of the National Constitution is legally developed, the enforcement action will be dealt with in accordance with the procedural and competition provisions. entered in Decree No 2591 of 1991 on the action of protection.

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ARTICLE 34. OF THE VALIDITY OF THE LAW. This law governs from its promulgation.

The President of the honorable Senate of the Republic,

LUIS FERNANDO LONDONO CAPURRO.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

GIOVANNI LAMBOGLIA MAZZILLI.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Dada en Ibague, 18 July 1997.

ERNESTO SAMPER PIZANO

The Minister of the Interior,

CARLOS HOLMES TRUJILLO GARCIA.

The Minister of Finance and Public Credit,

JOSE ANTONIO OCAMPO GAVIRIA.

The Minister of National Defense,

GILBERTO ECHEVERRI MEJIA.

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