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An unpublished confession of forced displacement due to climate change in Colombia

  • April 24, 2024
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Radio France International.- The court “considered the concept forced displacement due to environmental factors and emphasized that this could be caused by both sudden environmental disasters concerning gradual

Radio France International.- The court “considered the concept forced displacement due to environmental factors and emphasized that this could be caused by both sudden environmental disasters concerning gradual processes environmental degradation, e.g. changing of the climatedeforestation or ocean acidification,” the court said.

The organization studied the legal appeal filed peasant couple aged 63 and 66, “evicted from their property due to various floods of the Bojaba River” in the Arauca department in the east of the country.

Ana Maria Sanchez, Foundation Member Probono who provided legal support to the plaintiff’s family, explained in an interview with Ubaldo Bravo that the family in the case lives in the municipality of Saravena, Arauca, very close to the Bojaba River, which “due to various environmental events was diverted and caused floods which caused them to lose most of their farm, livestock and crops they had there.” But Sanchez said the Mendoza family has had to move on other occasions.

Photo: Reuters

In Colombia, guardianship orders only affect the people involved, but Sánchez emphasized that “this ruling has expanded the impact to all families affected by the Bojaba River and who have been displaced. In addition, the court called on the Congress of the Republic to pass laws on this issue. Let’s say they admit that in Colombia there is regulatory vacuum in the face of forced displacement due to environmental factors and climate change,” Sanchez said.

The plaintiffs alleged that they were unable to return to their home due to exposure to water and that the government’s actions were “inadequate”.

The court found that “State has a series obligations before, during and after displacement due to environmental factors,” such as maintaining a register of possible victims and “organizing an institutional proposal” for their protection.

He was also required, among other things, to conduct emergency evacuation drills and plan locations for relocating affected populations in the event of a disaster.

As for the elderly couple, the court ruled that the state must protect their fundamental rights, as it does for more than 8.6 million displaced There remains an armed conflict that has lasted almost six decades.

Photo: Cuartoscuro

Lawyer David Garson firm Pinilla, Gonzalez and Prieto Lawyers explained in an interview with Ubaldo Bravo that this verdict already had precedents where the need to establish the status of a forced migrant based on environmental factors was established.

“I believe this is the first decision to clearly and unequivocally provide for or indicate the existence of this condition of displacement due to environmental factors. In addition to issuing orders to various authorities to intervene in the protection of these displaced people, not only after the fact, but also from a preventive point of view,” says Garzón.

Regarding the possible liability of the authorities, the lawyer noted that the court analyzed the omission of the duty to protect people subject to displacement. The order was to “check the situation, give them arrangements to return to the place from which they were displaced.” Continue to take preventive measures.” According to Garzón, the authorities are not to blame for the weather conditions, but for the fact that they did not take appropriate measures to protect the fundamental rights of the people who initiated this process.

In Colombia, severe flood And drought climate change-related threats threaten the natural wealth of the country, one of the most biodiverse countries in the world, according to the UN.

Source: Aristegui Noticias

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