MAGNITUDE OF PARAMILITARY ACTIVITY IN COLOMBIA 'ASTOUNDING', PRESIDENTIAL ADVISER TELLS HUMAN RIGHTS COMMITTEE

1 April 1997

Press Release
HR/CT/486

MAGNITUDE OF PARAMILITARY ACTIVITY IN COLOMBIA 'ASTOUNDING', PRESIDENTIAL ADVISER TELLS HUMAN RIGHTS COMMITTEE

19970401 Calls Paramilitaries and Guerrillas Two Sources of 'Barbarism'; Committee Also Addresses Military Justice, States of Emergency, Violence against Women

The magnitude of paramilitarism in Colombia and its barbarism was astounding, Presidential Adviser on Human Rights Carlos Vicenti de Roux said this morning, as the Human Rights Committee continued its consideration of his country's fourth periodic report on its compliance with the International Covenant on Civil and Political Rights.

In Colombia, he said, there was a conflict between two sources of barbarism -- paramilitarism, on the one hand, and the guerrillas, on the other. The guerrillas employed such measures as kidnapping, extortion and robbery to advance their aims. At the same time, paramilitary groups -- which engaged in massacres and forced disappearances -- were supported by livestock raisers, ranchers, landholders and the poor in many parts of the country.

The State faced enormous difficulties in guaranteeing the rights and dignity of the citizens, he said. How could it fight the guerrillas, who extracted resources from the population in order to build their war machine, without diverting scarce funds from essential social services? It needed to fight paramilitarism and ensure security against the guerrillas. If the authorities could not provide security, the public would continue to seek protection from the paramilitarists.

Among other issues addressed today by Colombia's delegation were measures that could be taken under states of emergency, the military justice system, gender equality, remedies for violence against women and children, the protection of minors, and efforts relating to Colombia's indigenous populations.

The Committee's experts from the United Kingdom, Ecuador, Chile, Canada, Australia and India posed questions and offered comments on Colombia's report.

The Human Rights Committee will meet again at 3 p.m. today to conclude its consideration of Colombia's fourth periodic report.

Committee Work Programme

The Human Rights Committee met this morning to continue its consideration of the fourth periodic report of Colombia (document CCPR/C/103/Add.3) on measures the country has taken to implement the provisions of the International Covenant on Civil and Political Rights.

Questions from Experts

Lord JOHN MARK ALEXANDER COLVILLE, expert from the United Kingdom, citing two cases communicated to the Committee under its Optional Protocol, asked why the Colombian authorities had not acted quickly on the Committee's recommendations. He noted that it was another example of delays in the implementation of decisions on human rights issues. [Under the Optional Protocol of the Covenant, individuals claiming rights violations could make representations to the Committee.]

Response from Colombia

FELIPE PIQUERO VILLEGAS, Minister Counsellor of Colombia, responding to comments and issues raised at the Committee's meeting yesterday, said that a State body -- the Committee of Ministers -- reviewed cases in which claims for compensation were made.

CARLOS MALAGON, Deputy Minister of Justice of Colombia, said decisions of regional judges could be monitored by higher judicial bodies. There would be gradual dismantling of the "faceless courts", he said. [Judges presiding over those courts were not seen and their names remained unknown.]

He, said states of emergency were governed by constitutional and statutory law. Many rights, including the right to life, were considered inviolable in states of emergency. There was also provision for a suspension of rights, which could not be so serious as to result in the denial of fundamental rights and freedoms. A state of emergency decree must clearly state the reason for the measures to be taken. That made it possible to analyse the relevance and proportionality of those measures, which were permitted only in order to bring about a return to normalcy.

For as long as the new Constitution has been in force, the measures adopted during a state of emergency had not gone beyond what would be considered acceptable, he said. During that period, there had been no complaints of possible violations of individual human rights resulting from application of states of emergency. Members of the public forces were much more cautious, for example, in such matters as seizures and detentions. Criminal activities had been prevented through the timely use of states of emergency.

Human Rights Committee - 3 - Press Release HR/CT/486 1570th Meeting (AM) 1 April 1997

KAREN KUFHELDT, Adviser in the Office of the Minister of the Interior, said judicial monitoring of a state of emergency decree was not defined as an explicit power under the Constitution. However, it had become a part of Colombia's jurisprudence. There was no unanimity in the Constitutional Court on the appropriateness of that power. The Constitution itself considered the Congress to be the competent body to review the state of emergency.

Addressing the question of impunity, Mr. MALAGON, Deputy Minister of Justice, cited a study that indicated a high degree of hidden criminality in Colombia. The Attorney-General's office was doing its best to ensure that trials presented to it were heard.

Expressing concern about the violent situation in his country, CARLOS VICENTI DE ROUX, Presidential Adviser on Human Rights, said Colombia's delegation would give serious consideration to the Committee's views. The magnitude of paramilitarism in Colombia and its barbarism was astounding. It was supported by livestock raisers, ranchers and landholders in many parts of the country. It was also supported by the poor peasantry, and strengthened by the phenomenon of drug trafficking.

In Colombia, he said, there was a conflict between two sources of barbarism -- paramilitarism, on the one hand, and the guerrillas, on the other. The guerrillas employed such measures as kidnapping, extortion and robbery to advance their aims. Their activities represented a blow against nearly all segments of Colombian society. No other group committed as many kidnappings as did the guerrillas in Colombia.

"Where is the State in all of this"? he asked. The duty of the State was to guarantee the rights and dignity of the citizens, but the State had enormous difficulties in attempting to impose social discipline. How could it fight guerrillas who extracted resources from the population in order to build their war machine without diverting scarce funds from essential social services? The guerrillas not only went into a region and extracted its resources, they also ripped its social fabric.

There were three things that must be done, he said. First, the Government had to fight back against paramilitarism and its horrible expressions including massacres and continued forced disappearances. Second, the outcry for security against the guerrillas must be addressed. Public safety must be ensured by the public authorities. Otherwise, the public would seek protection from the paramilitarists. Finally, pressure must be maintained on the guerrillas, including international pressure.

Commenting on military criminal justice, he said the Government had problems in dealing with the military justice system in cases of human rights violations. Unsuccessful attempts were made in the past by some members of the Colombian Congress to involve civilians in the military criminal justice

Human Rights Committee - 4 - Press Release HR/CT/486 1570th Meeting (AM) 1 April 1997

system. Attempts were being made to reform the military criminal code. The Government faced many challenges and had to approach the problems gradually. It needed the assistance of international human rights bodies. The established democratic institutions must be preserved.

Turning to the many official bodies dealing with human rights issues raised by the experts, he said that they were small and more were required. Those bodies had specific and clearly defined functions. Some were involved in public education on human rights issues. Military officers who committed major human rights violations were removed from office. The Government was trying to pull together all democratic forces, as well as use international assistance, to move the country forward in the area of human rights.

Questions from Experts JULIO PRADO VALLEJO, expert from Ecuador, commended the efforts of the Government to break links between the military and paramilitary forces. He said that having recognized the competence of the Committee, the Government must uphold the Committee's decisions on communications brought before it under the Covenant's Optional Protocol.

Colombia's Response

Mr. DE ROUX, Presidential Adviser on Human Rights, responding again to comments on compensation, said the Government was bound by decisions of the Committee of Ministers regarding payments of compensations. The Government would act on recommendations of the Committee of Ministers that compensations should be paid in four of the eight cases referred to it.

Ms. KUFHELDT, Adviser in the Office of the Minister of the Interior, responding to questions on part two of the list of issues brought up by the Committee, said that there were provisions in Colombia's laws guaranteeing real gender equality. Gender perspectives were being adopted in all aspects of State action. A government study had found that women were not given favourable sentences in the courts and that men were given quicker trials than women. Prejudices still permeated the justice system. There were fewer women judges, and their participation in the higher courts were low.

She said that much remained to be done in introducing a gender perspective to many areas of Colombian national life. An affirmative action law had been enacted to improve the situation of women in all spheres, including those heading households. The latter had been given priority in access to credit, home ownership and land allocation. Employment and educational opportunities were also open to them. The Government was carrying out educational programmes to make the public and institutions aware of gender equality. School textbooks were being changed to address the issue of gender equality. In addition, a national registry had been established to compile information on people responsible for child support.

Human Rights Committee - 5 - Press Release HR/CT/486 1570th Meeting (AM) 1 April 1997

Mr. MALAGON, Deputy Minister of Justice, said legal aid was provided. Students from law faculties of the universities were helping to provide legal aid and free interpretation to those who could not afford legal representation.

Ms. KUFHELDT, Adviser in the Office of the Minister of the Interior, said remedies were provided for violence in the household against women and minors. Several institutions had joined to promote the rights of the child and guarantee and expand the scope of education of children and adolescents. A national plan of action for children was helping to protect them and those subjected to high risk. Abused children were also helped. Regional centres were being set up to help children. A large number of children were involved in the various armed conflicts in the country, and attempts were being made to provide them with alternative interests.

Long- and short-term socio-economic programmes had been designed to provide jobs for displaced children, she said. She had no specific figures on the number of street children, but said that forced displacements had increased their number. Most street children were boys, and many had left at eight or nine years of age. They had no family bonds. A network of institutions had also been established to help street children.

Mr. DE ROUX, Presidential Adviser on Human Rights, drew attention to agreements reached with the guerrillas prohibiting their recruitment of children of thirteen or fourteen years of age. Also, a bill submitted by the Ministry of Defence would prohibit the recruitment in the military of minors under the age of eighteen. Currently, a minor must receive the permission of a family member to work, and that for a limited number of hours. Employment under the age of twelve was prohibited. An employer could be punished for hiring a minor without the required permission, either through a fine or closure of the business.

Ms. KUFHELDT, Adviser in the Office of the Minister of the Interior, said a great deal needed to be done to address the needs of Colombia's ethnic communities. There was a programme of education for 80 per cent of the indigenous population, but it did not take account of their social and cultural features. There were also very high illiteracy rates among the indigenous peoples. Efforts were under way to address that problem and expand education coverage.

She said health centres were being established and training provided on health assistance for indigenous groups. With respect to landholding, 410 special areas had been established for the indigenous peoples, but there were some problems associated with those areas. Indigenous jurisdictions had been recognized and protected by the courts and were supported by the Government. Actions were being taken to acknowledge the administrative rights of the indigenous peoples.

Human Rights Committee - 6 - Press Release HR/CT/486 1570th Meeting (AM) 1 April 1997

She said the country had faced difficulties and obstacles with respect to addressing the needs of Colombia's African communities. However, progress had been possible in the area of political representation and the defence of black rights. Nevertheless, a great deal remained to be done.

On a question that had been submitted with respect to question of stateless children of refugees born in Colombia, Mr. DE ROUX, Presidential Adviser on Human Rights, said Colombian nationality was not granted when people were not expected to remain in the country.

Experts' Questions and Comments

Lord COLVILLE, expert from the United Kingdom, asked whether the authorities had spelt out the public sectors that could not adopt strike action.

CECILIA MEDINA QUIROGA, expert from Chile, commenting on the response of the delegation to gender equality issues, said that there should be campaigns on alternative methods of right to life. She quoted from a document which said that in 1989, 70,000 women were hospitalized in Colombia for the purposes of abortion. She noted that non-Catholic educational institutions were requested to introduce Catholic religious education before receiving Government grants.

MAXWELL YALDEN, expert from Canada, said that cultural factors worked against women as indicated in the Colombian report. Statistics produced by the delegation showed some progress in the employment of women. He would, however, like to know whether affirmative action programmes were in place to ensure employment of women and to address the problems of Colombia's black population. He found the problems of the black and indigenous communities disturbing. The stated objectives and programmes of the Government would have to be seen in practice before judgements could be made.

ELIZABETH EVATT, expert from Australia, stressed that the Colombian Government must respect the rule of law, must act in accordance with international human rights instruments, and apply justice equally to everyone. She reiterated the points made yesterday; there was a gap between the promises of action by the Government and the reality of the situation on the ground. There was no evidence of real changes taking place in the country.

PRAFULLACHANDRA NATWARLAL BHAGWATI, expert from India, asked who provided the defence lawyer for Colombia's legal aid programme. Did a person also get aid in civil cases, or only in criminal cases? The Committee had information that 22 per cent of all recruits in Colombia's Army were under the age of eighteen. Was that true? The bill to raise the age for recruitment in the military and the agreement with the guerrilla groups were welcome.

Human Rights Committee - 7 - Press Release HR/CT/486 1570th Meeting (AM) 1 April 1997

Were children in Colombia being taken in adoption by foreign parents? he asked. If so, were there any laws to safeguard their interests? There was a staggering number of child workers -- 15 to 20 per cent of all children in Colombia. What steps were being taken to implement Colombia's child labour law through inspections? What fines were being imposed? Were there any restrictions placed on the activities of trade unions?

* *** *