Las Víctimas Proponen: Contribuciones al Plan Nacional de Desarrollo para la Atención Prioritaria de la Agenda de las Víctimas

Nearly 90% of these individuals are victims of forced displacement. The displacement in Colombia constitutes a structural humanitarian crisis that affects a significant portion of the population, leading to a phenomenon of forced displacement that separates victims from their social, economic, and cultural networks. The Corte Constitucional has led a process of demanding fundamental rights for victims, establishing a special protection constitutional framework that began with the evaluation of the public policy for displaced populations (Law 387 of 1997) and extends to the demand for public policies that encompass the fulfillment of international obligations of the State in socio-economic stabilization and the guarantee of the rights to truth, justice, and reparations for victims. This has been extended to the implementation of Law 1448 of 2011, also known as the "Victims' Law." The Corte Constitucional has established a series of constitutional sub-rules of obligatory compliance for the three branches of power, from the perspective that the indicator of compliance with public policy must be the effective enjoyment of constitutional rights (GED) of victims. According to these sub-rules, victims have the following attributes or characteristics: they are socio-economically vulnerable population, and in this sense, they are a priority subject of social offer for the satisfaction of economic, social, cultural, and environmental rights (DESCA); they are a population that has been harmed by serious affronts to human dignity, where violations of their human rights have put into question the State's capacity or will to protect, guarantee, and make their civil and political rights respected; they are a population whose life project, truncated by victimization processes, has the potential to contribute to the country's democratic and economic development; and they are subjects of special constitutional protection and therefore have the right to preferential/differential treatment and the application in their favor of positive discrimination actions. The Contraloría General de la República has considered that the extreme vulnerability of victims "obliges the State not only to prioritize its public policies in this population but to assume that the validity of their fundamental rights has a superior hierarchy in relation to other interests that may have a constitutionally equal scope." Additionally, within the broad and significant universe of victims, there are population groups regarding which the impacts of violations and the contexts of intimidation, victimization, political and armed violence must be considered disproportionate and differentiated, so that the State acquires differential obligations with respect to them, additional and complementary to those inherent to their condition as victims. The Corte Constitucional has recognized the reinforcement of their protection, especially for women, the population that is sexually diverse, children, adolescents, the elderly, people with disabilities, ethnically differentiated peoples, and victims abroad. The Autos of follow-up to the Sentencia T-025 of 2004 that the Corte Constitucional has recently issued deepen the lack of special protection by the State, particularly by the National Government, for these differentiated populations, and their exposure to greater risks of victimization, with special emphasis on the Afro-descendant population and women victims. In this context, CODHES presents some proposals to ensure the guarantee of the effective enjoyment of the rights of victims and the construction of peace, which should be a central strategy in the new Development Plan. The Plan should: integrate actions for institutional and normative adjustment; promote articulation with the System of Truth, Justice, Reparation, and Non-Repetition - SVJIRNR; generate actions to overcome the vulnerability of the victim population in terms of generating their own income or accessing dignified employment, as well as articulating actions around return and re-location with the effective enjoyment of rights to housing, health, and education; and have a decided and deep commitment to the fulfillment of the rights of victims.