Between 21st and 22nd November 2007, the International Tribunal of Opinion “The Forced Dis- placement” was placed in Bogota. The session took place in the headquarters of the Congress of the Republic and it was addressed by the Belgian Sociologist Francois Houtard. Further stared it as judges: Orlando Fals Borda from Colombia (Vicepresident), Patricia Dahl from The United States of America, Don Tomas Balduino from Brazil, Louis Nicodeme, From Belgian, Joao Lucio Da Costa from Brazil, Dieter Misgeld from Canada. The prosecutor was the lawyer Francisco Ramirez from Colombia.
The high level of impunity that cover the Crime of Forced Displacement in Colombia, justified the initiative to carry out the International Tribunal of Opinion (ITO), in order to talk about the responsibility of Colombian State. Even when in Colombia there are about 4 million people that have been displaced in the last 25 years, the Inquiries are few as well as the responsible sentences. Further in the country there has progressed a certain legislation addressed to consolidate the dispossession of the land of the displaced population, through sophistry legal instruments, for those who profited from the war. The concentration of the lands was achieved
by dispossession, forced displacement of farmers and ethnic communities, as a war strategy to depopulate the territory and control the strategic regions. The impunity about forced displacement frustrates the possibility that victims know the truth about the crime causes
and responsibles and it makes no possible the justice on responsibles. It also denies the alternative that victims enjoy the damages repair.
The Tribunal analysed the structural causes of the humanitarian crisis in Colombia that allow Forced Displacement. Colombian State and Government were condemned because
of the actions that caused forced displacement. Further the multinationals were convicted because of the destruction of natural resources and the violation of human rights. There were about 500 participants in the Central Audience of the Tribunal, including Displaced, Farmers, Afro-descendant and Indigenous Social Organizations; ONG’s; Women Organizations; members of the congress, public functionaries, mass media.
The Charges of the Tribunal
and Paramilitares.
Forced displacement as a strategy for social and political control
In its effort to contain, expand and consolidate local political power in the face of people’s civil and democratic demands (clamouring for better living conditions in the face of inequality, inequity and exclusion), the State promoted massive human rights violations, among them Forced Dis- placement, within the framework of a strategic counter-in- surgence. Militarism and paramilitarism, moved forward un- der social control directed against the population in general and especially against female leaders of social organisations and teachers, who were made victims of forced displace- ment. In this manner, political and socially organised zones,
which were in opposition to the establishment, were recovered and social and political organisations were stigmati- sed as being supporters of the guerrillas.
Forced displacement as a strategy for economic and territorial control
As part of the developmental vision of the country, framed within the strategy for economic growth, the need to compete and in order to consolidate land and territory for the development of infrastructure projects (agricultural mega- projects, energy, mining, roads, ports, tourism), the State has generated and promoted forced displacement of far- mers and ethnic communities through, among many other means, dispossession, intimidation and forcing them to sell property. As a result, it achieved the consolidation and ownership of the best land in the country, which is used for production in proportions that are unprecedented in the nation’s history and have generated radical changes in the use for which the land was originally intended. This was further consolidated by legal instruments that legalised the dispossession of the land of the displaced population into
the hands of those who profited from the war.
Forced Displacement as a strategy of military control
The planned counter-insurgency strategy, with particular impetus from Plan Colombia and reinforced with the policy of “democratic security”, supported in turn the fumigations
of illicit crops, seizures and mass detentions, penalisations for social protestors, forced registrations, the establishment of rehabilitation zones and centres for military intervention
to restrict liberties, which among other measures, were used to generate forced displacement. This model of military assault assured that the cultivation of cocaine and control of
strategic drug-trafficking corridors fell into the hands of armed groups, who export drugs to import arms. Forced Displacement within the framework of Public Poli-
cy care for the population displaced by violence Public Policy care for the displaced population is designed essentially around welfare and assistance, lacking a focus on rights. Nor does it seek compensation for victims, tackle structural causes of the problem, nor recognise the respon-
sibility of the State. By the way in which it was conceived and implemented, the policy of care for the displaced po- pulation perpetuates their situation as victims and the State continues to be responsible for the crime of forced displacement.
Previous Regional Audiences
The Central Hearing of ITO was preceded by five Previous Hearings in order to socialized and to become aware of the importance of a Tribunal of Opinion in Colombia. There also was a place to gather the evidences needed in the Cental Hearing. There were:
• South West Hearing, in the city of Popayán, May 12. Victims and Organizations of Displacements from the Valle, Cauca, Nariño and Putumayo departments were there.
• Chocó Hearing, in the city of Quibdo, May 28, attended by representatives of victims and social organisations in this department.
• Central Hearing, in the city of Bogotá, June 27, displaced people from Antioquia, Meta and Cundinamarca Departments and the Coffee zone were there. This hearing took place in the headquarter of the Congress of the Republic.
• Northeast Hearing, in the city of Arauca, August 7, that integrates vicims of forced displacement from the departments North of Santander, Santander, Arauca and Casanare.
Some judges that had confirmed their assistance to the Central Hearing of ITO were there: Francois Houtart, Paul Emile Dupret, Helmuth Harkov, ulrico Duchrow.
• North Coast Hearing, in the city of Cartagena, August 24, which in addition to assembling the departments in this region of the country, was the centre of attention of the impact
of forced displacement on the women and children. But also pay attention to the strategic intention of reinforced actors on hurt women bodies and souls. To this hearing went, spe-
cially, Women Organizations from the North Coast and from the rest of the country.
There were a lot of institutions in these hearings: A great number of National and international ONG’s, syndicates, Social organizations, Church Representatives, Student and Cultural groups, political parties. All of them recognized the rightful and the relevance of the initiative to question Colombian State because of its responsibility in the forced displacement crime. There were lots of solidarity and support voices.
Illegal Acts And Threats Against The Tribunal
The Tribunal about Forced Displacement in Colombia was the result of one of the greatest attacks against the displaced populations organized in the country. Many leaders and members of Displaced Organizations were persecuted and threatened because of their activities defending human rights of displaced population. Many of them were murdered.
Before Central Hearing of ITO, organizers, specially, representatives of Displaced National Coordination were threatened. These persecutions were reported to International
organizations, as The International Committee of Human Rights, that ordered Colombian State to adopt cautiousness messures.
Organizations that helped the Tribunal
The International Tribunal of Opinion was propelled by some social organizations and Human Rights ONG’s, committed with the displaced population in the country cause:
LA COODINACIÓN NACIONAL DE DESPLAZADOS ‒ CND, that summoned the event.
There were also:
INSTITUTO LATINOAMERICANO DE SERCICIOS LEGALES ALTERNATIVOS ‒ ILSA, PROYECTO JUSTICIA Y VIDA, CORPORACIÓN JURÍDICA YIRA CASTRO, MOVIMIENTO NACIONAL DE VÍCTIMAS DE CRÍMENES DE ESTADO, CAPAÑA TIERRA, VIDA Y DIGNIDAD, CENTRO POR EL DERECHO A LA VIVIENDA Y CONTRA LOS DESALOJOS ‒ COHRE, COMISIÓN DE DERECHOS HUMANOS Y AUDIENCIAS DEL SENADO DE LA REPÚBLICA.
These organizations thank to those who supported the ITO:
Servicio de Consejería en Proyectos ‒ PCS, Terre des Hom-
mes Alemania, Kerkinactie, Asi and the European Union
Commission for Colombia and Ecuador.
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