Writ 266

Within the framework of the guarantee of rights of ethnic groups victims of armed conflict and in response to order 20 of Auto 266 of 2017, the Victims Unit in conjunction with the Ministry of Interior, the Ministry of National Education and the Ministry of Culture, we present UNIDOS SOMOS MÁS #JUNTOSPODEMOS, a socialization and dissemination strategy aimed at providing tools for the protection of the territory, autonomy and cultural identity of indigenous communities and peoples, as well as the black communities, the Afro-Colombian population and the raizal and palenquero peoples. This strategy is directed to the communities, the entities of the National System of Attention and Integral Reparation to the Victims and to the general community.

What is the unconstitutional state of affairs?

The unconstitutional State of Things is a judicial decision, issued by the Constitutional Court to declare a repeated and constant violation of fundamental rights that affect a multitude of people in a situation of forced displacement, whose solution requires the intervention of different entities to address problems of order structural and state.

An unconstitutional State of Things is presented when there is a repeated violation of fundamental rights of many people and when the cause of this violation is not attributable solely to the defendant authority, but rests on structural factors. It is worth clarifying that the ECI has an eminently exceptional and temporary character.

In 2004, the Constitutional Court analyzed several guardianship actions filed by the displaced population, and found an anomalous situation, notably contrary to the 1991 Constitution, where there was a systematic and massive violation of rights, coupled with a state breach in its constitutional obligation to guarantee the rights of all those people and protect them in their life, honor and assets.

The ECI was declared in 2004 through a judicial decision -Sentence T-025 of 2004, which has been changing over time and which has been monitored through multiple cars. The declaration of the ECI has remained on some issues, despite the fact that in several pronouncements significant advances have been recognized.

The Constitutional Court determines that the Colombian State is not giving an effective response to the displacement victims, and that these response shortcomings are serious, structural, and persistent.

What is a Court Order?

These are decisions of the Constitutional Court in which it pronounces on the protection and guarantee of fundamental rights of Colombians. The first court orders related to ethnic victims that arise from judgment T-025 of 2004 are:

  • Order 004 of 2009 for the Protection of fundamental rights of persons and indigenous people displaced by the internal armed conflict
  • Order 005 of 2009 for the Protection of fundamental rights of the Afro-descendant population victim of forced displacement

These writs, and others that have been issued, are constituted in the follow-up that the Constitutional Court performs to the orders issued in the framework of the judgment T-025 of 2004, in which it determined that there is a State of Institutional Things in regarding the attention to the displaced population in the country

What is writ 266/17?

El Auto 266/17 hace una evaluación de los avances, rezagos y retrocesos en la superación del Estado de Cosas Inconstitucional declarado mediante la sentencia T-025 del 2004, y encuentra que este estado se mantiene, para las comunidades y pueblos étnicos.

Who is writ 266 for?

The writ 266/17 makes an evaluation of the advances, lags and setbacks in the overcoming of the State of Unconstitutional Things declared by the judgment T-025 of 2004, and finds that this state is maintained, for the communities and ethnic groups.

Who is writ 266 for?

Writ 266 is addressed to the national, departmental and municipal authorities of the country linked in Sentence T-025 of 2004, the follow-up writs, especially in Writs 004 and 005 of 2009, and decrees law 4633, and 4635 of 2011 It seeks to guarantee the fundamental rights of the indigenous population and communities of African descent victims of the armed conflict, and orders the different entities to act in the face of the institutional blockades and unconstitutional practices that maintain the state of affairs unconstitutional.

What is the main challenge of Writ 266?

This writ protects collective rights to autonomy, cultural identity and territory, and also individual rights such as the right to life, integrity, freedom and security; likewise, it seeks to protect the rights of the victims in terms of registration, attention, assistance, integral reparation, truth and justice.

The collective rights indicated, protect in a special way the ethnic groups: 

  • Cultural Identity: It is the way of understanding the world, maintain social relations, harmony and understanding of the territory. They are the values, traditions, beliefs that define a social group. "The cultural identity is the consciousness that is had to share certain creations, institutions and collective behaviors of a certain human group to which it belongs and that has a different and specific worldview" (Sentence T-703/8 Manuel José Cepeda Espinosa)
  • Autonomy: Understood as the ability of an ethnic group to decide on the actions that affect it, its past, present and future, and maintain its own practices, mechanisms and institutions according to their particular beliefs
  • Territory: The territory, for that matter of the ethnic groups is a physical and symbolic space that allows the communities to carry out their traditional practices, maintain their forms of government, maintain their uses and customs, and achieve their good living. Because of the armed conflict, many communities and families have been forced to abandon it or not be able to use it due to restrictions in it.

There is another right that guarantees the effective enjoyment of these rights, which is the right to prior consultation. The Prior Consultation is the mechanism that is an intercultural dialogue that seeks to guarantee the real, timely, and effective participation of the ethnic groups in the decision making of projects, works or activities that affect them, in order to protect their ethnic and cultural integrity.

Translations of processes related to the specific rights of ethnic groups

From the actions of articulation developed together with the Ministry of Culture, the Victims Unit shares with you the following documents translated by the Ministry of Culture and the Population Directorate of such portfolio.

What has progressed?

Order 3

  • It was possible to review the indicators referring to the effective enjoyment of the rights of displacement victims (Writ 116 of 2008). There the formulas that indicate individual and / or collective rights were adjusted.
  • Progress has been made in the possibility of reviewing the data collected in the censuses to cross them with the Single Victims Registry and have greater possibilities of identification.

Order 4

  • One of the Working Groups was established with the Unit for Comprehensive Attention and Reparation for Victims, the Ministry of Finance and Public Credit and the National Planning Department. At these tables progress was made in the development of indicators for each entity in order to incorporate the ethnic approach in accordance with Decree Law 4633 and 4635 of 2011.
  • These tables have been revised not only the formulation of these indicators but also the budgetary needs of the entities to guarantee these rights.

Order 5

  • The Territorial Entities have been strengthened so that they incorporate the ethnic approach in the Public Policy of Victims. And a strategy has been constructed to harmonize the management and harmonious intervention of state entities in ethnic territories.

Order 6

  • The Unit for Victims and the DANE (National Administrative Department of Statistics) are working to identify people with ethnic origin who are outside their territories.
  • The Unit for Victims, is also reviewing the process of return or relocation of these communities in order to guarantee the right to territory.

Order 7

  • The Unit for Victims and the Ministry of the Interior have designed a tool to assess the vulnerability and risk of indigenous peoples and communities that do not have a Safeguarding Plan. This process has seven phases and will enter piloting to be implemented in 2019.

Order 8

  • Progress has been made in the formulation of Safeguarding Plans for three villages (Kisgó, Motilón Bari and Tucano.

Órders 10, 11 and 12

  • The needs of the communities regarding the prior consultations have been reviewed and the document that guides those who are going to carry out the prior consultations on how the process should be done has been adjusted.

Order 16

  • The tools to ensure the prevention and protection of the risk of affecting territorial rights that may suffer or have suffered ethnic groups are refined. For this, there are mechanisms such as the Early Warning System.
  • The revision of 103 applications for Protection of Ancestral Territories has been achieved. The one in charge of this process is the National Land Agency (formerly INCODER).

Order 20

  • A socialization and outreach strategy was developed and is being implemented for territorial entities, officials and communities on this Self and the specific rights of ethnic groups in 13 municipalities, 6 departments and more than 200 points of attention.
  • Based on internal and external communication channels of the entities, it has reached more than 12,000 people and 25 territories with information regarding the specific rights of the Ethnic Groups.