The intra-urban displacement

 Report of the human rights-IPC Observatory 

The conflict and to be more precise: the urban foundations, are a reality of territorialities making as social constructions of urban spaces places where they operate acute disputes, as an expression of the diversity of interests of the subjects who inhabit them. Hand of the theory of conflict, urban conflictivity also enroll in the possibilities of development when this clash of interests is transacted within the framework of public deliberation and in the democratic exercise in instances where the power is at issue.

When things cannot be resolved this way but that the use of force and violence, become the privileged way to settle the interests and visions that have of society and the world, we are faced with a regressive reality that it dehumanizes and degrades.

The emergence of the drug at the end of the 1980´s marked a turning point in the dynamics of the urban foundations in the sense of developing practice of the violent resolution of conflicts in society and make violent security a company. It is tipping was marked by the articulation of a significant mass of young people who offered the State if I did not know little, to a more complex chain of networks linked to the illegality.

However multiple State initiatives for breaking these networks, the reality is that today the city, metropolitan area and the country in general lives a panorama of urban violence that reveals not only the inability of the State to challenge the illegal territorial control but the connivance to some extent with her. In this partnership, be it by action or omission, lies the source of the majority of human rights violations that occur in the majority of Colombian cities: killings, displacement, extrajudicial executions, extortions, forced recruitment, rape women, arbitrary detentions and enforced disappearances. These violations the intra-urban displacement is not only the least studied if not the more lacking Government actions, which have a humanitarian impact grave for the victims.

It begins to visualize the intra-urban displacement in Colombia

While serving in Medellin displacement intra-urban 96 families of the San Cristobal small town in the West of the city, makes its way in the country the visibilization of intra-urban displacement in different locations. The concern is not for less, only in 2012 took place in Colombia 19 massive events of this type involving 9089 people according to CODHES.

The figure was published in the report "Intra-urban displacement and durable solutions" made by the consultancy for human rights and the displacement (CODHES), with the support of UNHCR. The document indicates that 11 events occurred in Buenaventura (Valle del Cauca), 4 in Medellín (Antioquia), 1 in El Tarra (Norte de Santander), 1 in Tumaco (Nariño), 1 in Segovia (Antioquia) and 1 in Soacha (Cundinamarca).

Before this type of displacement, the director of the Department of international protection of UNHCR, Volker Türk, sent an alert for the emergence in Colombia of the phenomenon of intra-urban displacement resulting from drug trafficking in major cities.[i]

As it is well justified in the CODHES report, "intra-urban displacement (DFI) is still an unknown, little-studied phenomenon with a poor characterization and a precarious institutional response. However, it is the fact victimizing of greater impact within the urban dynamics of the conflict and stands as a strategy for the control of armed groups, and as a consequence of violent coercion in the neighborhoods of the cities."

It is that although it is estimated that in Colombia there between 4.4 and 5.5 million displaced persons[ii], the country still there is statistics specific about the number of victims who leave intra-urbans movements in different cities.

Why the study of CODHES, it appears as a light in an unexplored area and little recognized in the country, even though the phenomenon dates back to several years ago and he has visualized more forcefully in Medellin

Intra-urban displacement an old log in Medellin

The displacement of 79 families (292 people) of the sector the Canyon, municipal rural settlement La Loma San Cristobal small town, and 17 families (63 persons) in the village of San Gabriel in this same area, lit again in Medellín alarms about the problem of intra-urban displacement.

Until Monday, may 28 to the sector the cannon they had returned 35 families (140 people), which joined other 12 who were moving but never left the place, for a total of 47 families currently staying in La Loma. However the sector of San Gabriel no family has wanted to return at the moment.

The situation there, according to the Director of the unit for victims of Medellin, Luz Patricia Correa, tends to be more critical because "in the case of San Gabriel have been three killings, two of which were exemplary for the community in terms of the message that the armed actor wanted to send there: that people should leave immediately." Do not leave, killed two young men from the Community (…) Then say, you have configured a few situations of fear and widespread panic that have had to do much with this."

Before the events, it is possible that many were amazed that such situations occur in a town as the capital of Antioquia, that it boasts of being the most innovative of the world city and have gained ground in terms of security and security forces increased.

So there is no lose sight, is that this type of displacement are associated with the dynamics of the urban conflict and have become a systematic practice of illegal armed groups to exercise territorial control, even more so when in the city intensified confrontation criminal macro of the band Los Urabeños with the Office.

In addition, although this violation of human rights comes from several years ago, occurs most of the time the problem is invisible and its magnitude is barely in evidence when happen mass exodus, as the occurred in San Cristobal, or the institutions of the public prosecutor are reporting.

Stronger records environment in Medellin intra-urban displacement date back to the year 2004, when the Municipal Personería began performing an exhaustive monitoring of the situation. Intra-urban displacement (DFI) were recorded for the year, 512 people; two out of three moved in the wake of operation Orion in the Commune 13 (San Javier)[iii].

The report says the following: "in recent years, but with more emphasis from the facts surrounding the operation Orion, has been increasing the intra-urban displacement." It is worth noting that this phenomenon remained long invisible because the Social solidarity network did not recognize that within the borders of a municipality could speak of forced displacement. Only from the ruling T – 268 of the Constitutional Court recognized that there are displaced within a municipality and must be registered in the single registry of displaced population, having them pay attention where other displaced persons are beneficiaries." (Status 2004. P12)

At that time, says the former personero of Medellín, Jairo Herrán Vargas, "the personality had records of displacement that came from out of town, approximately from 2002. Intra-urban displacement was almost invisible within the same figures and, on many occasions, such statements of intra-urban displacement were received but not are they processed independently to displacement in general."

Currently, statistics of intra-urban displacement are discriminated against independently on the human rights reports of the personality, which recorded cases of intra-urban displacement affecting 9.322 people 2.427 unique formats of statement of victims in 2012. (Status 2012. P 29)

According to the report, took place 6 intra-urbans massive displacement in Medellin, in 2012 of which "four (4) concerning special protection population as indigenous and Afro-Colombian communities." Are women and children the hardest, the first by gender risks they face, and the latter by the multiplicity of violated rights; in all cases the threats and killings of members of the communities were the catalysts of displacement"(personality 2012. P 87)

Development Personería of Medellín

(Personería 2012. P 88)

In a more detailed and explicit way, the preceding year’s report reported that: analyzing the declarations of the DFI between January and October of 2011, status received 2.210 statements; in which related to 8.434 people discriminated against as well: adult women: 2.681, adult men: 1.581, children under twelve years old: 1,420 children under twelve years of age: 1,389, adolescent men: 737 and adolescent women: 626. (Status 2011. P 44)

Vale added that the 2012 report status warns that "five (5) events of massive displacement were presented in 2011 the number of displaced families varies between 11 and 26;" presented an event at the Cerro Pan de Azúcar, affecting several families, displaced again in 2012, which gives account of the non-applicability of the law of non-repetition; "the areas of occurrence of the facts in 2011 were the small town of San Cristobal (municipal rural settlement Bella Vista part high, and barrio Las Flores), commune 13 (Las Independencias neighbourhood), commune 8 (Sugar Loaf Hill), commune 7 (neighborhood Córdoba)." (Status 2012. P 88)

Meanwhile, 2011 report, already official warned on the upward trend had the DFI since 2008. "Comparing the statements received between January and October of the years 2008 to 2011, registering a 182% increase in 2009 for 2008; "153% in 2010 for 2009, and 60% of the year 2011 with respect to 2010."

On the other hand, can be seen a persistence of intra-urban displacement in districts 1 (Popular), 8 (Villa Hermosa) and 13 (San Javier), where according to reports usually present the majority of the cases.

In recent years, given the confrontation between Urabeños and Office, the problem also has increased in the commune 16 (Bethlehem) and the small towns of San Cristóbal, San Antonio de Prado and Altavista.

Displacement, fear and social control

Intra-urban displacement attacks tend to focus on areas where there is strong presence of illegal armed organizations, which are disputed or try to retain control of the territory. Hence, cases attributed generally to groupings of the same sector and criminal gangs or groups pos demobilization formed by former paramilitaries, as noted in the status reports.

The causes of displacement are varied, highlighting the threats, attempts of forced recruitment, physical attacks and attempts to murder. Exodus may occur on a massive scale or way drop by drop, and anyone who is the modality, these assaults account for the level of social control exercised by illegal groups and the fear generated in the community.

According to the former Personero Jairo Herrán Vargas, "displacement drop by drop is given for specific cases, sometimes even for situations of individual character between a member of a band and an inhabitant of a commune; for cases of sexual harassment; for non-payment of vaccines; "or not assign claims as: weapons or provide the terraces of the houses for surveillance."

The massive displacement, meanwhile, is linked to the dynamics of the conflict directly and, according to Herrán Vargas, arises when "an illegal armed group aims to establish a code of conduct group, for example, the code of conduct that group is that nobody sends in the neighborhood and absolutely may incur a denouncement of its activities or its members and if you get to supply information to the authorities or rival groups"mass displacements occur. Also occur because the Group wants to ensure the territory or simply because you want to deprive families of their properties to appropriate them."

But although the modalities of intra-urban displacement causes have been identified and visible in Medellin, so far they have failed implement effective measures to prevent this situation and to ensure the comprehensive security of citizens. At least so it seems to demonstrate that the case of San Cristobal.

In this regard, Diego Herrera Duke, President of the Instituto Popular de Capacitación (IPC), makes "a big question mark over the effectiveness of policies of security in Medellin and the failure of an approach linked only to logics coercive and not preventive, making it necessary to articulate the theme of security with an approach to human rights in the cities, discussed with the whole population."

However, the capital of Antioquia Yes has made progress in terms of attention to the victims of this scourge, as explained Luz Patricia Correa, who said that "today is not in the country a path of attention to the issue of displacement intra urban out of which have been designed in Medellin: for protection of urban and for documentation of the phenomenon and cases being presented."

For the former representative of Medellín it is true that "the attention of the State was insufficient and has improved; "but still, because restore rights to a displaced family is well complicated, covers many rights, and the rule making is to attend to the basics but fails to restore it all rights to the displaced population".

Then the situation is still worrying if you have in mind, as says Jairo Herrán, there is a permanent intra-urban displacement linked to cycles of violence. And that it is necessary to point out that, depending on the historical moment, groups that cause this type of displacement are different and are not necessarily classified as actors of the armed conflict in the country.

The situation was originated a lack of knowledge of this type of victims for purposes of repair since the Act 1448 2011 why different social and institutional sectors have made calls to the national Government, and in particular the national unity of victims, so recognize and repair the victims of intra-urban displacement and criminal gangs. The road is just starts to clear as some errors of Justice indicated.

Victims of intra-urban displacement in limbo?

The debate about the victims of intra-urban displacement and criminal gangs has gained strength in the last month due to recent decisions ordering their recognition for the purposes of an administrative service. The problem has settled in the legal limbo of law 2011 1448 – law victims and restitution of lands – not considered as subjects of repair BACRIM or intra-urban displacement victims.

However recent failures sorted otherwise and are based on decisions of the Constitutional Court, of an agrarian judge and a judge in Medellin. The cases are the following:

On 06 may 2013 a Medellin judge ordered the victims unit recognize the forced displacement intra-urban of 18 families, originated by criminal gangs in the Cerro Pan de Azúcar, East of the city, on April 17, 2012. The transcendent judgment is that the decision requires to recognize and repair victims of criminal gangs and that recognizes the intra-urban displacement mode.

On May 17 it became known that the Constitutional Court ordered the Government to recognize the victims of criminal gangs. The High Court found that the victims of these groupings should have protection, subsidies, and recognition as a people violated by armed conflict.

The ruling indicates that: "the victims of forced displacement are all persons affected by constituent shares of violation to human rights, such as that now perpetrate so-called gangs and demobilized that repeat in the crime".

Taking into account the order of the Constitutional Court, on May 20, 2013 an agrarian judge ordered the restitution of an area of 11 hectares, located in the municipality of Zulia, Norte de Santander, which was in the hands of the criminal band "Los Urabeños" which under threats forced the owners to sell it. This became the first restitution of lands seized by criminal gangs.

On the need to address and repair administratively to the victims of the BACRIM, several social organizations, political sectors and institutions of the public prosecutor’s Office, had already drawn attention from the moment in which the victims Act was enacted.

Taking into account that the Act 1448 2011 recognizes only the victims of the State, the insurgency and the paramilitaries, and not to the victims of the BACRIM, Diego Herrera Duke, it is considered that the various pronouncements coming in the last days, by the Constitutional Court and judges, are a major step forward.

This "because they realize that the BACRIM are also perpetrators, and that the State is obliged to fully repair the victims, recognizing in the background that are criminal macro structures and that their existence is a continuation of the problems, not recognised on the failures of the process of demobilization of the AUC in the previous Government"explained the President of CPI.

For his part, Luz Patricia Correa, said the Court "has said that the displacement is a situation in fact and that the single registry of victims has a role in organization of the State, however the entry is the inclusion in the registry and that is not one minor issue, is a very important issue because the victims of criminal gangs were not to be included."

To complement, the CODHES report clarifies that constitutional recognition of intra-urban displacement occurred from the 2003 Constitutional Court ruling T 268. This decision is based on the principles guiding of internal displacement, which previously had become the main reference of the sentences T 227 in 1997 and T 327 of 2001.

These principles "define persons victims of displacement such as those that: [S] e have been forced or obliged to escape or flee from your home or place of habitual residence, in particular as a result or to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-induced disasters of"", and who have not crossed an internationally recognized State border (principles governing internal displacement, introduction: scope and purpose)." (CODHES. P 36)

However, in the conclusions, CODHES struck by the difficulties and negative to include victims of intra-urban displacement in the single registry of victims and to provide them with an institutional response. Which add to the problem of the sub registration, which also prevents having a full dimension of the problem.

"In short, problems of under-registration on internal displacement, in general, and the DFI, persist by limiting related – financial and technical – institutional capacity of the responsible institutions, by the political will of some officials, by the absence of complete and timely information, and by the absence of incentives to declare against the significant proportion of resolutions for non-Inclusion, indicating the historical trends." (CODHES. (P. 148)

Even in the midst of adversity, Luz Patricia Correa recent decisions by Justice, on DFI and victims of BACRIM, opened a door. What follows is that actually affected people "to enjoy all the rights that have as victims in the framework of the law: assistance, care and full reparation, with all five measures which includes the repair." -This – is gradual and progressive as the law – which has a 10-year horizon, poses it."

Concludes Luz Patricia which, as we already have been two years since the implementation of the law, "in the context of the 8 remaining years will come in some way, so to speak, the shift of these victims to be fully repaired".

Political of the Government, will there be decisive to recognize and repair the victims of intra-urban displacement, and the different institutions of the State to prevent that continue happening this violation of human rights.

On this last issue, it is necessary to make inquiries about the relevance that had so far the security policies implemented in Medellin, and in general in the country, given the continuity of intra-urban displacement as a violation of human rights.

Arise then questions what is the effectiveness of the security measures that have been implemented so far to prevent forced displacement intra-urbans? We might even ask if truly the State has implemented measures to prevent the DFI or if it has limited itself to respond to these situations

Bibliography

• CODHES, 2013, "Intra-urban displacement and durable solutions", UNHCR, available Web site at:

http://www.acnur.org/t3/fileadmin/scripts/doc.php?file=t3/fileadmin/Documentos/Publicaciones/2013/9156

• Status of Medellín, 2004, "Balance of the situation of human rights in Medellín during the year 2004", website status of Medellín, available at: http://www.personeriamedellin.gov.co/index.php/documento/informes/informe-ddhh-2004

• Status of Medellín, 2011, "Report on the situation of human rights in Medellin", website status of Medellín, available at: http://www.personeriamedellin.gov.co/index.php/documento/informes/informe-ddhh-2011

• Status of Medellín, 2012, "Report on the situation of human rights in the city of Medellin 2012", website status of Medellín, available at: http://www.personeriamedellin.gov.co/index.php/documento/informes/informe-ddhh-2012