The Constitutional court protected the rights to due process, participation, vital minimum and food of 942 family units of peasants and peasant farmers, non-growers and crop collectors considering that the National Government failed to comply with the commitments agreed in the Comprehensive National Program for the Substitution of Crops for Illicit Use (PNIS) in the municipality of Miraflores (Guaviare).
The plaintiffs reported non-compliance in the phase of linking to the program and the implementation phase of the Comprehensive Care Program (PAI).
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In addition, They reported violations of the rights of the plaintiffs in the procedures for admission, suspension and withdrawal from the program.
For the room, The Government did not respect the rule of hierarchy and sequentiality in the means of eradicating illicit crops, unjustifiably denied the inclusion of some families in the PNIS – despite expressing their willingness to substitute instead of replanting – and did not provide copies of the individual forms linking families registered in the PNIS.
Due to the above, The Court ordered the National Government that, with the support of the Public Ministry and the National Planning Departmentas well as with the participation of the plaintiffs, ASOJUNTAS, the Municipal Commission for Participatory Planning and the Municipal Council for Evaluation and Monitoring of Miraflores, identify the families who wanted to join the PNIS but who could not do so through no fault of their own or an act that was attributable to them.
Likewise, theand ordered the Territory Renewal Agency (ART) that, with the supervision of the Public Ministrycoordinate the delivery of copies of the individual linking forms to each family in the municipality of Miraflores that signed them.
The ART must ensure the protection of the right to habeas data of the signatories of the individual linking forms, so it will not be able to deliver copies of these forms to those who are not the owners of the information incorporated in each document.
The The Court also ordered the ART and the National Government, through the Ministry of Defense, the Police and the Armythe strict observance of the hierarchy among the means of eradication in the municipality of Miraflores, Guaviare.
Consequently, it warned these entities that voluntary substitution must be prioritized over forced eradication, and forced eradication will only proceed in the event that voluntary substitution fails and, in turn, must adhere to the principles of precaution and proportionality.
