Colombia: Climate Change Drives Forced Displacement

The Colombian Constitutional Court has identified a legal gap, noting that no existing regulation defines climate change as a cause for forced displacement within Colombia. Currently, the only legally recognized cause for such displacement is armed conflict. The court pointed out that although displacement has traditionally been associated solely with armed conflict, the country frequently experiences a high number of natural disasters.

Individuals affected by climate change have approached the Unit for Comprehensive Attention and Reparation for Victims, seeking recognition as victims of forced internal displacement. They have requested the same benefits granted to others displaced by conflict under the Victim Law framework. However, their request was denied by the unit, which stated that they did not meet the necessary criteria to be considered victims of armed conflict.

To resolve this case, the high first tribunal reviewed the concept of forced displacement in the Colombian context. The tribunal acknowledged that “Natural disasters and gradual processes such as climate change and deforestation can cause it.” They also emphasized that this type of displacement disproportionately affects vulnerable populations, who face greater challenges in adapting to environmental changes.

Colombia lacks legislation for those displaced due to climate change  

The Court has concluded that although there are legal provisions in Colombia addressing the needs of victims of forced displacement caused by climate change, these measures are significantly limited.

Specifically, the Court noted that: (i) these provisions do not explicitly recognize forced displacement due to environmental factors; (ii) they fail to provide a comprehensive regulatory framework for this phenomenon; (iii) they establish only partial or limited care measures; and (iv) they do not offer permanent protection.

For these reasons, the court has concluded that those forcibly displaced in Colombia due to climate change and other environmental factors must receive urgent and prioritized care. The high court has recognized that this phenomenon severely impacts the Colombian population, particularly the most vulnerable groups.

Furthermore, the court emphasized the necessity for a comprehensive public policy specifically addressing forced displacement due to environmental factors. This policy should acknowledge the severity of the issue and enable effective and expedient actions to be taken.