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Document #1048207
FCDO – UK Foreign, Commonwealth and Development Office (formerly FCO) (Author)
Published 12 March 2015
In 2014, the government of Colombia continued to make efforts to improve its human rights situation, in line with the recommendations of the country’s 2013 Universal Periodic Review. President Santos began his second term on 7 August, and displayed a strong commitment to addressing human rights. His new cabinet included a new Ministry for Postconflict, Security and Human Rights within the Presidency, headed by General Oscar Naranjo, former Chief of Police in Colombia. The conversion of the Presidential Programme of Human Rights into a High Advisory Office within the Presidency also raised the status of the issue. Guillermo Rivera, co-author of the Victims and Land Restitution Law which deals with reparations to victims of the conflict, was appointed as Presidential Advisor on Human Rights. These institutional changes have made human rights a priority issue across the Colombian government, and demonstrated the real political will to improve the current situation.
The government’s priority remained the ongoing peace negotiations with the Revolutionary Armed Forces of Colombia (FARC). These negotiations provided an opportunity to bring about significant improvements in the human rights situation in the long term, both by securing an end to the armed conflict the country has suffered for over 50 years, and providing justice for the conflict’s millions of victims. At the talks in Havana, agreements were reached in 2014 on three agenda points: agricultural development, political participation and illicit drugs. Negotiators also discussed, in parallel, victims’ rights and the end of the conflict; the final point regarding implementation will be negotiated once agreements have been reached. On 30 October, FARC delegates from the negotiating team publicly acknowledged for the first time that the group had caused harm to civilians, and said they would assume their share of responsibility for human rights abuses during Colombia’s conflict. After the resumption of talks in December, following a two-week suspension triggered by the FARC’s capture of General-Brigadier Alzate, the FARC also declared an indefinite unilateral ceasefire from 20 December. There is cautious hope that 2015 could see a real chance for peace in Colombia.
Despite these positive changes, the government was unable to ensure respect for human rights throughout the country due to the continuation of the armed conflict. There were serious abuses; the majority occurred in rural parts of the country, particularly where the state’s presence is limited, and were committed by illegal groups (bandas criminales – BACRIM). We were concerned at the increase in threats against human rights defenders (HRDs)compared to 2013 figures, according to Colombian NGO Somos Defensores (“We are Defenders”). More positively, the same NGO reported that the number of HRDs killed decreased by a third since 2013.
The UK supported a range of activities in Colombia, as part of our wider objectives to promote human rights. We encouraged work to protect HRDs, who are vital to achieving advances in the wider human rights situation. Our other priority areas included access to justice, preventing sexual violence against women, and business and human rights. A number of highprofile visits offered opportunities for the UK to raise issues related to human rights at the highest level: Their Royal Highnesses the Prince of Wales and Duchess of Cornwall (October); Deputy Prime Minister, Nick Clegg (February); the then Foreign Secretary, William Hague (February); Minister for International Security Strategy, Dr Andrew Murrison (January); and Foreign & Commonwealth Office (FCO) Minister for the Americas, Hugo Swire (June) all visited Colombia in 2014. These individuals discussed, with President Santos and other Colombian ministers, both the progress regarding human rights so far and the remaining areas of concern.
The Colombian government’s priorities for 2015 include the continued focus on human rights across all ministries, tackling impunity, and promoting victims’ rights. Much of the government’s success here will depend on the progress of the peace negotiations in Havana, which provide both an opportunity and a challenge. An eventual peace agreement with the FARC is expected to have positive effects on the broad human rights agenda in Colombia, although the government recognises that many of the underlying issues require substantial reform across government, and long-term commitment to be fully addressed.
The UK will continue to support this process, and to engage with relevant ministries within the Colombian government to ensure the implementation of policies designed to reduce human rights abuses. Our priorities will continue to be promoting access to justice, the security of HRDs, business and human rights and preventing sexual violence.
Colombia has an established electoral system, upheld by strong institutions and an active civil society. Colombia held parliamentary elections in March and presidential elections in May and June. Both election processes were deemed free and fair by the Organisation of American States (OAS).
Elections were held on 9 March for the 2014-18 Congress. Colombia has a long-standing tradition of free elections, and the OAS observer mission was quick to commend them. There were no attacks by illegal armed groups on the day, and only one voting station was moved to another location for security reasons. The Electoral Observation Mission (MOE), and other commentators were clear that indicators of violence and intimidation were significantly down in the run-up to the elections: there were around 14 attacks against candidates and individuals, compared with 70 attacks four years ago. Opposition parties emerged on the right and left as a result of the elections. The Union Patriótica (UP), the political party associated with the FARC, and destroyed in the 1990s through assassinations and intimidation by the extreme right, was reformed and put forward a presidential candidate.
The presidential elections held in May went to a run-off in June, when incumbent President Santos won with 51% of the vote against Centro Democrático candidate Zuluaga. Observers assessed that the second round of the elections were free and fair, though allegations of hacking of emails, corruption and vote-buying remained. Investigations into the latter are ongoing. There were no terrorist attacks recorded against voters. The FCO’s Human Rights and Democracy Programme (HRDP) funded a project with the MOE to strengthen the transparency of the elections through electoral strategies and electoral risk maps. This was subsequently used by the Ministry of Interior as a tool to respond to regional risks quickly and reduce incidents of fraud. British diplomats also acted as international observers for the MOE.
Abuses of freedom of expression occurred mainly in the areas most affected by the conflict, with some journalists suffering death threats and attacks. According to a report by Reporters without Borders, two journalists were murdered in Colombia, the same number as in 2013. The Foundation for Freedom of the Press (FLIP) reported 69 threats against journalists, a decrease of 8% when compared to the 75 threats recorded in 2013. Similarly, the total number of victims recorded was 162, decreasing from 194 in 2013. The Office of the Attorney General continued to follow its policy of prioritising crimes against journalists, and worked closely with FLIP to improve the management and investigation of such cases.
There was evidence of journalists targeted for their work relating to the peace process. In August, a journalist’s home in Bogotá was broken into and evidence destroyed. In December, media groups and 14 journalists were threatened by the criminal group Águilas Negras. There were also continued allegations of military espionage against the peace process, with chief negotiator for the government, Humberto de la Calle, revealing that his personal communications had been tapped in October.
Violence against trade unionists also remained an area of concern. According to the National Unionist School, an NGO supported by the main trade unions in Colombia, 20 trade unionists were killed between January and November. The Office of the Attorney General created a central subunit focused solely on crimes against trade unionists, and worked with the Directorate of Analysis and Context to pass 600 sentences, according to government figures. The British Embassy continued to monitor trade unionist cases and engage with unionist groups. On 10 November, an Embassy official visited Huber Ballesteros in prison, a leading member of the trade union group Central Unitaria de Trabajadores de Colombia (CUT), who was arrested in August 2013 for alleged rebellion and terrorist financing.
In April, strikes by agricultural workers affected some parts of Colombia. Though most of the country remained unaffected, some main roads were blocked, and there were isolated clashes with police. There were also trade unionist strikes in June and July in the coal transportation industry, and immigration officials took part in a strike at El Dorado International Airport in December.
Over the course of 2014, a large number of HRDs, indigenous and Afro-Colombian leaders, as well as land restitution leaders, were victims of death threats and other abuses committed by various actors of the armed conflict. According to the Colombian NGO Somos Defensores, there were 626 attacks against HRDs in 2014. Of these, 488 were threats and 55 were murders. These figures indicate a 71% increase in threats, when compared to 2013, and a decrease of 31% in the number of murders. There are no official figures available from the government, as its Human Rights Observatory no longer provides figures for attacks against HRDs, nor is there official data indicating which groups are behind the violence against them.
The Colombian government responded proactively to allegations of threats against HRDs. In March, the Ministry of Interior announced the development of two public policies to support HRDs as a result of consultation with civil society. In October, the Ministry reactivated the National Round Table on Guarantees for Human Rights, Social and Community Leaders after a year of inactivity. This represented the highest level of dialogue between the government and civil society. In addition, according to the Colombian government, the Office of the Attorney General successfully investigated 60 attacks against HRDs, sentencing 68 people for these crimes.
The National Protection Unit is responsible for coordinating and implementing protective measures for those at risk due to their activities. In 2014, it had an annual budget of £120 million, and provided protection to over 8,000 Colombians, of whom 3,000 were HRDs. Despite reporting a £22 million budget deficit in September, leading to a cut in 200 protection schemes, the Minister of Interior guaranteed that protection measures for HRDs, journalists, land restitution claimants, and victims would not be reduced, and the cut would apply only to officials protected by the scheme.
In 2014, the Attorney General’s Office began structural reforms (planned to reach their conclusion in 2016), including the creation of 3,500 new posts and renewing the focus against organised crime. However, Colombia’s judicial system continued to be overwhelmed and under-resourced. Judicial delays affected most investigations, and a judicial sector strike of over 90 days between October 2014 and January 2015 led to the postponement of over 23,000 hearings. Strikers protested that the justice system was over-burdened by at least three times the caseload the judges could deal with.
According to the Colombian Prison Authority, INPEC, prisons were overcrowded by 148% nationally, as of 30 November. The four largest prisons in the country currently house 28,000 people, instead of the 12,000 they are designed for. There is an overall national capacity for 78,022 prisoners, but 115,634 are incarcerated. Consequently, many prisoners live in poor conditions, with inadequate provisions for nutrition and sanitation. INPEC officials were involved in protests between August 2014 and January 2015 about prison conditions and employment benefits. They officially called off their protests in December after talks with the Ministry of Justice to address their concerns.
The military jurisdiction bill (Fuero Militar) was approved in its fourth debate of eight on 11 December. The bill was controversial in deciding which crimes committed during active duty should be sentenced in military, rather than civilian, courts. The Colombian Ministry of Defence publicly confirmed that extrajudicial executions would not fall under the army’s jurisdiction, along with six other types of crimes, including torture, enforced disappearance and sexual violence. Conviction rates remain low for such crimes, with the Attorney General’s Office reporting in September that only 16 of 1,579 registered cases of extrajudicial killings had received a sentence to date. We continue to monitor the development of the reforms closely.
On 10 December, the Inter-American Court of Human Rights (IACHR) considered claims against the Colombian State for human rights violations in connection with the siege of the Palace of Justice in Bogotá in 1985, when 11 people “disappeared” and five tortured. The IACHR ruled that Colombia should speed up its investigations and compensate the victims. The government acknowledged its responsibility in the case, and committed to address the IACHR’s recommendations.
Victims of the Colombian conflict continued to benefit from the victims reparations and land restitution policies. According to the government’s Victims Unit, which published updated figures on 1 November, the total number of people registered as victims in Colombia is over 7 million. Of these, just over 6 million are registered as victims of displacement. They report that in the last two years, 320,000 victims received reparations. The number of both victims and threats registered decreased significantly when compared to 2013 figures. The number of victims fell from 244,902 to 101,491, and threats decreased from 38,172 to 16,033.
The land restitution process continued to progress, though government authorities admitted that there would be delays in returning land to claimants while the conflict continues. By 30 November, the Land Restitution Unit registered a total of 72,000 land restitution claims (over 18,000 more than in 2013), with land judges issuing 1,800 rulings benefitting 11,800 people and covering around 85,000 hectares. A December report by Amnesty International, “A Land Title is not Enough: Ensuring Sustainable Land Restitution in Colombia”, recorded lower figures up to August, assessing the number of rulings at 650, covering a total of 29,695 hectares and benefitting 2,687 individuals. The report concluded that, while the law represented a significant step forward to respect victims’ rights to full reparation, the process was too slow, and did not adequately protect land claimants’ rights.
The British Embassy worked to support the government, civil society and companies to implement the UN Guiding Principles on Business and Human Rights (UNGPs) in Colombia, through the design of a National Public Policy (or National Action Plan). As a result of three years of projects funded through the HRDP, the policy guidelines were launched in July by the Presidential Office for Human Rights. The Colombian government intends to implement the guidelines through their National Development Plan in 2015.
The project also supported the Inspector-General’s office, a state agency responsible for overseeing public servants’ behaviour and monitoring their compliance in implementing public policies, to create a directive on business and human rights, which was published in April. This set out principles for public servants to implement and monitor the UNGPs. The Colombian government is still the only Latin American country that currently participates in the Voluntary Principles on Security and Human Rights. It also submitted an application to the Extractive Industries Transparency Initiative in 2014.
Of the 7 million victims of the Colombian armed conflict registered by the government, half are women. The Victims Unit stated that, by 1 November, 7,353 were officially recorded as victims of sexual violence.
The Colombian government is committed to upholding women’s rights and tackling sexual violence in conflict. It has set up one of the most comprehensive legal and institutional frameworks globally for this issue and, in 2014, several key cases were processed against ex-paramilitaries. On 28 November, Salvatore Mancuso and other leaders from the now disbanded Autodefensas Unidas de Colombia were sentenced by the “Peace and Justice Tribunal” for 175 cases of sexual and gender-based violence, and ordered to compensate 9,500 victims.
On 2 December, the International Criminal Court issued a preliminary report for Colombia. The report recognised positive steps taken by authorities to prosecute crimes of sexual violence in conflict, but expressed concerns with the limited progress made on cases, with impunity rates at 98%. Nevertheless, 2014 was significant for women’s rights, as President Santos signed a new law for access to justice for victims of sexual violence (Law 1719). This defined new types of crimes, such as sexual slavery and exploitation, and set out specific criteria for investigation and recognising sexual violence in conflict as a crime against humanity. On 5 August, the President signed a decree declaring 25 May as the “National Day for the dignity of victims of sexual violence”.
The prevention of sexual violence in conflict formed a core part of the British Embassy’s human rights work this year. We worked with civil society organisations supporting victims at a grassroots level, delivered a capacity-building programme for prosecutors to the Attorney General’s Office, and promoted the implementation of the International Protocol on the Investigation and Documentation of Sexual Violence in Conflict.
Children in Colombia continued to be affected by the armed conflict, remaining vulnerable to recruitment by illegal armed groups. According to government agency the Colombian Institute for Family Wellbeing (ICBF), 180 children were recruited by the FARC, 41 by the ELN (National Liberation Army), and 17 by the BACRIM this year. The Victims Unit recorded 7,722 children involved in the armed conflict from January to November. According to the 2014 annual report by the Colombian Ministry of Defence, 20% of the 1,240 demobilised guerrillas in this same period were children.
Indigenous and Afro-Colombian groups continued to be amongst the worst affected by the Colombian armed conflict. In 2014, the National Indigenous Organisation (ONIC) claimed an additional 35 indigenous groups, along with the 31 already recognised as being in danger of physical and cultural extinction, were endangered. This is as a result of their demographic fragility, the armed conflict, the cultivation of illicit crops, illegal mining, and extractive and agro-industrial mega-projects. Over 70% of indigenous groups live in rural areas and are disproportionately affected by the conflict.
The ONIC estimated that, between January and September, ten indigenous leaders were assassinated, and 236 unable to leave their communities due to the conflict. The Office for the Coordination of Humanitarian Affairs reported that, between January and May, 10 events of mass displacement occurred, affecting 4,500 indigenous people.
Indigenous leaders continued to be targets of death threats, and the ONIC reported the number of threats from illegal armed groups and criminal groups was on the rise. Between January and September, 36 indigenous rights defenders were threatened.
The government of Colombia has taken steps in 2014 to demonstrate its commitment to promote the rights of LGB&T people. At the UN Human Rights Council held in Geneva in September, Colombia co-sponsored the resolution to combat violence and discrimination based on sexual orientation and gender identity. In August, Colombia’s Constitutional Court also ruled that sexual orientation could not be applied as a discriminating factor in “second-parent adoption” cases.
This publication is part of the 2014 Human Rights and Democracy Report.
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