ECONOMIC INEQUALITY GREATEST OBSTACLE TO HUMAN RIGHTS IN COLOMBIA, EXPERT FROM JAPAN TELLS HUMAN RIGHTS COMMITTEE

1 April 1997

Press Release
HR/CT/487

ECONOMIC INEQUALITY GREATEST OBSTACLE TO HUMAN RIGHTS IN COLOMBIA, EXPERT FROM JAPAN TELLS HUMAN RIGHTS COMMITTEE

19970401 Says Many Problems Described to Committee Symptoms of Inequity; Committee Concludes Discussion of Colombia's Fourth Periodic Report

Colombia's socio-economic structure, in which a great portion of the nation's wealth was in the hands of a comparatively small group of people, represented the greatest obstacle to the implementation of human rights there, the expert from Japan told the Human Rights Committee this afternoon, as it concluded its examination of Colombia's compliance with the International Covenant on Civil and Political Rights.

Japan's expert added that many of Colombia's problems that had been enumerated before the Committee were primarily symptoms of that economic disparity.

Other issues raised by the Committee's experts during it examination of the fourth periodic report of Colombia, which began on Monday, 31 March, included: the need for a human rights culture; public safety; the conflict with both paramilitary groups and guerrillas; the lack of public knowledge of human rights issues; gender equality; legal aid, protection and employment of minors; states of emergency; and political and criminal violence.

Under article 40 of the Covenant, every State party undertakes to submit periodic reports to the Committee on the implementation of the Covenant. The report is expected to take into account questions raised on a previous report of the State party and to inform the Committee on legal changes made or proposed that were relevant to the Covenant.

In its final response to the comments and questions of the Committee experts, Carlos Vicenti de Roux, Presidential Adviser on Human Rights, said that the Committee's concerns would be conveyed to the Government. It was true that there were many human rights violations in the country, but there were also powerful democratic trends. His delegation represented a small element of those democratic forces. The major challenge was how to strengthen that trend.

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Statements and comments were made this afternoon by the experts from Egypt, Lebanon, Chile, Israel, United States, Finland, Mauritius, Slovenia, Germany, Japan and Italy.

Also this afternoon, the Committee heard a report from its special rapporteur, the expert from India, on the reaction of State parties to its views on cases brought before it under the Optional Protocol. [Under the Optional Protocol, persons claiming that their human rights had been violated could make representations to the Committee].

The Committee will meet again at 10 a.m. Wednesday, 2 April, in closed session to continue discussion of communication matters.

Committee Work Programme

The Human Rights Committee met this afternoon to conclude its consideration of the fourth periodic report of Colombia (document CCPR/C/103/Add.3) on its implementation of the provisions of the International Covenant on Civil and Political Rights. (For background on Colombia's report, see Press Release HR/CT/484 issued 31 March.)

Questions and Comments by Experts

OMRAN EL-SHAFEI, expert from Egypt, urged the Government to find a way to end the conflicts in the country. It should look at other means to bring all sides, including non-governmental organizations, towards that goal. He asked why participation in electoral politics was limited by law.

LAURE MOGHAIZEL, expert from Lebanon, drew attention to the discrepancies between the situation of human rights as contained in Colombia's report and the actual application of Covenant provisions. She said that members of the various human rights bodies in Colombia should be independent and autonomous and women should not be marginalized. She called for mass education on human rights, noting that there seemed to be lack of knowledge and respect for rights. A human rights culture was needed, she said, adding that civil society was the best safeguard for human rights.

Colombia's Response

KAREN KUFHELDT, Adviser in the Office of the Minister of the Interior of Colombia, responding to the questions raised, said that possibilities existed for the development of legislation to ensure affirmative action on gender equality and the rights of indigenous or black Colombians. Referring to the rights of children, she said that the country had a stringent adoption law. Serious research was conducted on the background of prospective parents and an institution existed to monitor the progress of the adopted child. A Government administrative organ, with its own budget, developed programmes and policies to ensure gender equality and perspectives.

She said that rules that discriminated against indigenous people and others in remote areas of the country had been scrapped. Also, parents had a say in the religious education of their children. As regards the limitation placed on participation in electoral politics, she said that the purpose was to rationalize the process. It was also to ensure that prospective candidates were serious and had credible support before being helped with public funds.

FARID BENARIDES, Adviser to the Vice-Minister of Justice of Colombia, said offenders had access to legal counsel. Colombia had public defenders and law students also helped in the defence of offenders. The law prohibited the recruitment of persons below eighteen years of age for service in the armed

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forces. Minors could not work, although in cases of need, parental authorization must first be sought. The right to join trade unions was recognized under the law. Experts' Comments

CECILIA MEDINA QUIROGA, expert from Chile, expressed appreciation for the frank manner in which Colombia's delegation had addressed the Committee. However, they should make sure that the next report addressed all the matters that were omitted in the current report. She expressed profound admiration for the courage of the human rights organizations in Colombia, working in conditions that were often very difficult. It was hoped that the Committee's recommendations would help the Government maintain democracy in Colombia. Just as the Government had told the guerrillas that they must conduct a clean war, it must tell the same to its own military.

DAVID KRETZMER, expert from Israel, associated himself fully with the comments by the expert from Chile on the commitment of those working to support human rights in Colombia in very difficult circumstances. He also associated himself with the comments this morning by the expert from Australia on the centrality of the rule of law before human rights could be guaranteed, and with the comments yesterday by the expert from Germany.

He said the paramilitary groups served the interests of large landowners and seemed to enjoy total impunity. Until that issue was addressed, there could not be much advance in the protection of human rights in Colombia. Allowing the military tribunals sole authority over human rights violations in the military perpetuated the atmosphere of impunity. On another matter, he said the system of anonymous judges was totally incompatible with the Covenant. Peasants and certainly women were particularly affected by the human rights violations in Colombia. Also striking were violations of the rights of members of political and human rights groups.

THOMAS BUERGENTHAL, expert from the United States, said the elevation of human rights treaties to constitutional rank by Colombia's Constitutional Court was praiseworthy. Colombia's human rights bodies were doing a very courageous job under difficult circumstances. On the other hand, there were also signs of support for the paramilitary groups. That dichotomy must be addressed. The possibility of appeal to the Supreme Court was an important advance, which should be built upon.

MARTIN SCHEININ, expert from Finland, said that while valuable information had been received from Colombia's delegation, the situation in Colombia remained one of concern. Particularly troublesome were the notions of impunity and militarization. Taken together, they undermined the protections afforded by many provisions of the Covenant. If those protections failed, then all other human rights and constitutional provisions were in danger of becoming empty promises.

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RAJSOOMER LALLAH, expert from Mauritius, said the Government in Colombia was faced with a very delicate balancing act between the paramilitaries and the insurgents and various other groups. The questions of impunity, the system of "faceless judges", and transfer of jurisdiction to the military were all matters of great concern. The Covenant envisaged the Government as reflecting the will of the people, and it also assumed an independent judiciary. It did not permit constitutional changes that would undermine the very bases of human rights. The sacrosanct principle of the independence of judiciary must be upheld.

DANILO TURK, expert from Slovenia, said Colombia's report presented an important part of the picture, but not the entire picture. The delegation of Colombia had helped to fill in parts of that picture. The report failed to describe the evolution of human rights protections since submission of Colombia's prior report. Information provided to the Committee indicated that most of the acquittals handed down by the military courts were in cases of human rights violations. The approach to states of emergency in Colombian law differed from that taken by the Covenant.

He expressed profound admiration for the impressive work being done by human rights bodies in Colombia, including those represented before the Committee. It was hoped that the Committee's recommendations would help them in their efforts. ECKART KLEIN, expert from Germany, said the rather one-sided information in Colombia's report had been supplemented with information provided by the delegation. The evolution of the country's Constitutional Court should be strengthened rather than impeded. The Government had to shoulder the difficult task of disciplining the military, whose vast powers represented an institutional defect and a continuing threat to a free society. The dedicated efforts of Colombia's delegation were clear, and it could count on the Committee's support for those efforts.

NISUKE ANDO, expert from Japan, said he recognized the political will of Colombia's delegation to improve the situation there. The amount of information received from non-governmental organizations represented a good sign that democracy was working in Colombia. The country's socio-economic structure, in which a great portion of the nation's wealth was in the hands of a comparatively small group of people, represented the greatest obstacle to the implementation of human rights there. The many problems that had been enumerated were primarily symptoms of that problem.

FAUSTO POCAR, expert from Italy, said the picture that had been given of the situation in Colombia was not much different from that provided five years ago, when the Committee considered Colombia's third periodic report. At that time, the Committee had made recommendations on such issues as impunity, limiting the competence of military courts to matters of internal discipline, and the banning of paramilitary groups.

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Too little had been done to implement those recommendations, he said. In some respects, the reforms had actually widened the competence of the military courts. It was hoped the authorities would intensify their efforts to combat violations and to create an atmosphere conducive to the protection of human rights in Colombia.

CHRISTINE CHANET, expert from France and Committee Chairperson, said considerable work had been done by the office of the Public Prosecutor in Colombia. Also noteworthy were efforts to provide compensation to those who had been victims of human rights violations. Nevertheless, the situation in Colombia was marked by ambiguity, owing to the powerlessness of the civil authorities in the face of actions by the paramilitaries and the military itself. Instead of limiting violence, that situation only led to the compounding of violence.

Perhaps it was time for the Government of Colombia to take another approach, through social solutions, she said. Such solutions did not fall within the Committee's purview. However, it had provided recommendations on how the laws might be used to safeguard Covenant protections. She hoped that Colombia's fifth periodic report, due in August 2000, would give rise to less criticism than had the current report.

CARLOS VICENTI DE ROUX, Presidential Adviser on Human Rights, said the Committee's concerns about Colombia's reports would be conveyed to the Government. It was true that there were many human rights violations in Colombia, along with powerful democratic trends. The country's delegation represented a small element of those democratic forces. The major challenge was how to strengthen that trend, mobilizing social and national energies towards the protection of human rights.

Follow-up on Communications

PRAFULLACHANDRA BHAGWATI, expert from India and special rapporteur, reported on the reaction of State parties to the Committee's views on cases brought before it under the Optional Protocol. He noted that some countries had defaulted in acting on the recommendations of the Committee. [Under the Optional Protocol, persons claiming that their human rights had been violated could make representations to the Committee.] He had had discussions with representatives of Bolivia, Colombia, Peru, Trinidad and Tobago, Czech Republic and Hungary concerning cases in which they were involved. He intended to conduct follow-up discussions with representatives of those Governments and others on the various cases.

Members of the Committee exchanged views on the rapporteur's report.

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