(ALL FOR A NEW COUNTRY

PEACE EQUITY EDUCATION)

RESOLUTION No. 0600120160362435 of the year 2016

"By which the delivery of the components of humanitarian care is definitively

suspended"

THE TECHNICAL DIRECTOR OF SOCIAL AND HUMANITARIAN

MANAGEMENT OF THE UNIT FOR THE ATTENTION AND COMPREHENSIVE

REPAIR OF VICTIMS

In use of its legal and regulatory powers, especially those conferred by Laws 387

of the year 1997, 1448 of the year 2011, 1437 of the year 2011 Code of

Administrative Procedure and Administrative Litigation, 1753 of the year 2015 -

National Development Plan 2014 2018, the Decrees 4802 of the year 2011 and

1084 of the year 2015, and Resolutions No. 024, No. 2347 of the year 2012, No.

351 of the year 2015, and

CONSIDERING
That article 166 of Law 1448 of the year 2011 created the Unit for Comprehensive

Care and Reparation for Victims, as a Special Administrative Unit, with legal status

and administrative and patrimonial autonomy, attached to the Administrative

Department for Social Prosperity.

That Decree 4802 of the year 2011, which establishes the structure of the Special

Administrative Unit for Comprehensive Care and Reparation for Victims, in article

18, number 3, indicates that the function of the Directorate of Social and

Humanitarian Management is to coordinate the delivery of assistance and

humanitarian aid to the victims in the terms of articles 47, 64 and 65 of Law 1448 of

the year 2011 and in the rules that modify, add or regulate it.

That article 60 of Law 1448 of the year 2011 establishes that care for victims of

forced displacement will be governed by the provisions of Chapter III, Title III of

Law 1448 of the year 2011 and will be complemented by the socioeconomic

prevention and stabilization policy of the displaced population established in Law

387 of the year 1997 and other regulations that regulate it.

That the same article, paragraph 2, provides that for the purposes of Law 1448 of

the year 2011, it will be understood that a victim of forced displacement is any

person who has been forced to migrate within the national territory, leaving their
place of residence or economic activities because their life, their physical integrity,

their safety or personal freedom have been violated or are directly threatened, due

to the violations referred to in article 3 of Law 1448 of the year 2011.

That in accordance with the provisions of article 64 of Law 1448 of the year 2011,

regulated by Decree 1084 of the year 2015, emergency humanitarian care is the

humanitarian aid to which persons or households in a situation of displacement

included in the Single Registry of Victims, and will be delivered according to the

degree of need and urgency regarding their minimum subsistence.

That article 65 of the same law, regulated by Decree 1084 of the year 2015,

establishes that transitional humanitarian care is the humanitarian aid that is

delivered to the population in a situation of displacement included in the Single

Registry of Victims that does not yet have the elements necessary for their

minimum subsistence, but whose situation, in light of the assessment made by the

Special Administrative Unit for Comprehensive Care and Reparation for Victims,

does not present the characteristics of seriousness and urgency that would make

them recipients of Humanitarian Care of emergency.

That through Decree 1084 of the year 2015, articles 182 of Law 1450 of the year

2011, 62, 64, 65, 66, 67 and 68 of Law 1448 of the year 2011 are regulated,

articles 81 and 83 of Decree 4800 of the year 2011 are modified .

That article 2.2.6.5.1.5 of the aforementioned Decree establishes that humanitarian

attention is the assistance measure provided for in articles 62, 64, 65 of Law 1448

of the year 2011, aimed at mitigating or supplying shortcomings in the right to

minimum subsistence derived from forced displacement. This measure covers the

essential components, to which the victims of forced displacement must have

access, either because they provide them with their own means and/or through the

programs offered by the State.

Sheet number 2 of Resolution No. 0600120160362435 of 2016 "By which the

delivery of the components of humanitarian assistance is definitively

suspended."

That the Fourth Section of Chapter 5, of Decree 1084 of the year 2015 from its

article 2.2.6.5.4.2, enshrines the identification of shortcomings in the components

of temporary accommodation and food of households for the purpose of delivering

humanitarian care.

That article 2.2.6.5.4.2 of Decree 1084 of the year 2015, identifies the home as the

unit of analysis for the purposes of identifying shortcomings in the components of

temporary accommodation and food. Household is understood as the person or

group of people, relatives or not, where at least one of them is included in the

Single Registry of Victims - RUV - due to forced displacement, and where all of

them occupy all or part of a dwelling, meet needs basic on a common budget and

generally share meals.

That article 2.2.6.5.4.3 of the aforementioned Decree states that the identification

of shortcomings in the components of temporary accommodation and food will be

based on a comprehensive analysis of the real situation of the households based

on the assessment of each and every one of the people who integrate it, and

taking into consideration the particular conditions of the members belonging to

groups of special constitutional protection.

That the same Decree in its article 2.2.6.5.5.10. establishes the cases in which the

delivery of the components of humanitarian assistance will be definitively

suspended.

That according to Resolution 00351 of 2015 of May 8 th, 2015, the measurement of

deficiencies will be established through the analysis of the information obtained

through the different administrative records or characterization instruments

available by the National Information Network - RNI through agreements inter-

administrative agreements for the exchange of information, signed by the Unit for

Comprehensive Care and Reparation for Victims and/or the formulation of the Plan
for Comprehensive Care, Assistance and Reparation PAARI -; Taking for this the

conformation of the current home that rests on the most up-to-date sources of

information that the Unit for Comprehensive Care and Reparation for Victims has.

Taking into account that within the home there are victims of forced displacement

that occurred more than a year ago, it became necessary to comprehensively

analyze the current situation of the home through the procedure for the

identification of deficiencies on January 1st, 2016, determining:

That the home is made up of MARIA LAURA PAREDES HERNANDEZ, who is him

(her). designated to receive humanitarian attention on behalf of the household in

case of recognition, and made up of YUDIS ESPERANZA HERNANDEZ ARDILA,

the aforementioned persons included in the Single Registry of Victims (RUV), for

the victimizing act of forced displacement. It is clarified that the assessment status

of the person(s) described was the one consulted on the date on which the

identification of deficiencies procedure was carried out.

That according to the evaluation of the information of the Identification System of

Potential Beneficiaries of Social Programs -SISBEN III-, it is possible to identify

that the household is not a potential beneficiary of social programs, because after

the date of the forced displacement of which the household was a victim, does not

present or presented a degree of poverty that leads it to be a potential beneficiary,

thus having the capacity to cover the components of temporary accommodation

and food around its minimum subsistence.

That the above information was obtained through the National Planning

Department -DNP-, which through the Identification System of Potential

Beneficiaries of Social Programs -SISBEN III-, allows to identify the poor

population potential beneficiary of social programs. The central objective of

SISBEN III is to establish a technical, objective, equitable and uniform mechanism

for the selection of beneficiaries of social spending, also identifying the

beneficiaries of social programs in the areas of health, education, social welfare,

among others; thus opening the gateway to the subsidized regime.

That according to the evaluation of the information confronted with the Financial

Information Center -CIFIN-, an entity belonging to Asobancaria, in charge of

keeping track of all the people who have acquired financial products, it was

possible to determine that some member within the household, they acquired a

financial product. The above situation reflects the indebtedness capacity of the

household, as well as the income that allows them to meet their financial

obligations and cover the temporary accommodation and food components of their

minimum subsistence.
Sheet number 3 of Resolution No. 0600120160362435 of the year 2016 “By

which the delivery of the components of humanitarian assistance is

definitively suspended.”

That after the forced displacement of which the home was a victim, it was awarded

by the Ministry of Housing, City and Territory; monetary housing allowance; award

made on December 16th, 2008. Allowing the home to have minimum housing

conditions.

That based on what is stated in the motive part of this resolution, it is possible to

determine that we are dealing with a household whose members have sources or

programs for generating income and/or capacities to generate income that cover,

at a minimum, the components temporary accommodation and food; reason for

which, the definitive suspension of the delivery of humanitarian attention is carried

out.

That in accordance with the provisions of the third section of chapter 5 of Decree

1084 of the year 2015, and based on the results of the Minimum Subsistence

measurements that apply targeting and prioritization criteria, and in order to

coordinate and guide the supply Institutional, the Unit for Comprehensive Care and

Reparation for Victims will carry out the management before the entities that have

the offer at the national and/or territorial level, as appropriate, with the purpose of
promoting access to victims, and monitoring this route in order to promote the

socioeconomic stabilization of the population from the complementation of care

based on these measurements. The effective access to the offer provided by the

entities will depend on the institutional capacity, the resources that said entities

have, the criteria and requirements set forth by them in the programs, after the

issuance, management and procedures of the lists dealt with by the chapter 5 in

mention.

Which upon the exposed,

RESOLVE

FIRST ARTICLE: Definitively suspend the delivery of the components of

humanitarian care to the household represented by MARIA LAURA PAREDES

HERNANDEZ, identified with Citizen ID Card No. 1.018.487.538, for the reasons

stated in the motive part of this resolution.

SECOND ARTICLE: Notify the content of this resolution in accordance with the

provisions in articles 67, 68 and 69 of the Code of Administrative Procedure and

Administrative Litigation.
THIRD ARTICLE: The reversal and/or appeal resources can be filed against this

resolution before the Technical Director of Social and Humanitarian Management,

which must be submitted in writing within a term of one (1) month. , following the

notification of the decision in accordance with the provisions of article 2.2.6.5.5.11

of Decree 1084 of the year 2015 and taking into account the circumstances of

vulnerability implied by the ‘forced displacement and by virtue of the pro personae

principle, it is necessary guarantee victims of forced displacement an adequate

and reasonable term to exercise the right to challenge administrative acts related

to humanitarian care and overcoming the situation of vulnerability.

Given in Bogotá, District Capital, on July 22nd, 2016.

TO NOTIFY AND TO CARRY OUT

(signature)

RAMON ALBERTO RODRIGUEZ ANDRADE

TECHNICAL DIRECTOR OF SOCIAL AND HUMANITARIAN MANAGEMENT

Elaborated by: DENIS PATRICIA GALAN RIVAS

Reviewed by: FABIO HERNANDO CASTIBLANCO GAMBOA