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Colombia

Annual report of the United Nations High Commissioner for Human Rights on the situation of human rights in Colombia (A/HRC/10/32)

Attachments

HUMAN RIGHTS COUNCIL
Tenth session
Item 2 of the provisional agenda

ANNUAL REPORT OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS AND REPORTS OF THE OFFICE OF THE HIGH COMMISSIONER AND OF THE SECRETARY-GENERAL

Summary

The report analyses the most important developments related to human rights and international humanitarian law in Colombia during 2008, in accordance with the mandate set forth in the agreement between the Government of Colombia and the Office of the United Nations High Commissioner for Human Rights (OHCHR) signed in Bogotá on 29 November 1996. On 9 September 2007 the parties agreed to extend the mandate, in its entirety, until 30 October 2010.

The report covers the period between January and December 2008 and focuses on a number of issues that have been considered priorities. OHCHR Colombia nevertheless continues to work on other matters of interest and concern, and these will be the subject of regular follow-up.

Violations of human rights and international humanitarian law by the guerrilla groups and the Colombian Armed Forces, as well as the activities of illegal armed groups and drug traffickers, coupled with underlying structural problems such as inequitable distribution of wealth, discrimination and stigmatization of vulnerable groups, impunity, and difficulties in accessing justice continue to limit full enjoyment of human rights. In this respect, the Government has made great efforts to strengthen the rule of law, mainly through increasing regional State presence in locations previously under the control of illegal armed groups.

However, serious violations of human rights continued to take place. Stigmatization of human rights defenders, opposition leaders and social activists by some government officials continued. In respect of extrajudicial executions, the Government demonstrated goodwill and made significant efforts, and these should continue in order to guarantee the effectiveness of and strict compliance with institutional policies. As of October 2008, the number of complaints and victims recorded show that institutional policies adopted by the Ministry of Defence and the army High Command to combat such practices have not had a significant impact in curbing serious violations. The report concludes that the extraordinary measures recently taken, including separating some senior military commanders from service, have reinforced the "zero tolerance" policy for human rights violations. These measures need to be accompanied by greater operational control over military units and thorough and rapid investigations of all allegations of extrajudicial execution.

All parties to the conflict continue to breach international humanitarian law. Moreover, as in the past, the Fuerzas Armadas Revolucionarias de Colombia-Ejército del Pueblo (Revolutionary Armed Forces of Colombia - People's Army) (FARC-EP) and the Ejército de Liberación Nacional (National Liberation Army) (ELN) refuse to be bound by international humanitarian law. Besides continuing to recruit children and to commit crimes of sexual violence against women and girls, guerrilla groups have continued planting anti-personnel mines, taking hostages and holding kidnapped persons for prolonged periods under inhuman conditions.

The report further states that the complexity, variety, evolving nature and unpredictability of the illegal armed groups that have emerged since the paramilitary demobilization continue to present a major challenge to the rule of law. These groups continue to pose serious risks to the civilian population and a comprehensive response from the competent authorities is required to address the situation.

It is acknowledged that the rights to truth, justice and reparations have been given more prominence in the political and public agendas in 2008. However, to date, few of the victims have effectively enjoyed these rights, the victims of actions or omissions of State agents being particularly marginalized in the process.

The economic growth of previous years has not resulted in sufficient or satisfactory progress in the achievement of the Millennium Development Goals. In addition, there has been no narrowing of the gap between those who have opportunities to generate income and those who do not.

Lastly, the report summarizes some of the main activities undertaken by OHCHR Colombia during 2008 and proposes nine recommendations that are expected to help improve the situation of human rights in Colombia and implement the provisions of international humanitarian law.

The High Commissioner acknowledges the spirit of cooperation existing between the Government and her Office in Colombia. She also notes the openness of the Government to addressing human rights challenges, as demonstrated during the universal periodic review process.