HUMAN RIGHTS BODY OPENS SESSION, REVIEWS COLOMBIA’S HUMAN RIGHTS RECORD

Human Rights Committee

Eightieth Session

2166^th & 2167^th Meetings (AM & PM)

HUMAN RIGHTS BODY OPENS SESSION, REVIEWS COLOMBIA’S HUMAN RIGHTS RECORD

The United Nations expert panel monitoring the efforts of world governments to ensure respect for civil liberties, promote self-determination, and safeguard fundamental freedoms kicked off its first substantive session of 2004 today in New York.

The 18-member Human Rights Committee, which monitors implementation of the International Covenant on Civil and Political Rights and its two Optional Protocols -- the first allows individuals to submit complaints to the Geneva-based Committee, and the second seeks to abolish the death penalty -- began its eightieth session, due to conclude on 2 April, with a review of Colombia’s efforts to promote and guarantee a respect for human rights. 

Luis Guillermo Giraldo, Colombia’s Permanent Representative to the United Nations, said his Government was committed to a policy of “democratic security”, which would make it possible for all citizens to enjoy full political, economic, social and cultural rights.  The Government wished to ensure a strong State in order to avoid a recurrence of past circumstances, he said. 

Recent steps taken by the Government and built-in guarantees in the law itself had resulted in a significant reduction in murders, abductions, killings and other criminal acts.  In addition, members of leftist and other groups had been freely elected to political office in the capital, Bogotá, and other regions.

The Colombian Government recognized, however, that much work remained and that not everything possible had been done, he said.  In light of the continuing conflict in the country, outstanding tasks included ending violations by officials of the country’s legal processes and human rights covenants, among others.

Following the delegation’s detailed answers to questions on compliance in such areas as gender equality, constitutional application of the Covenant and the challenges of armed groups, several of the experts said they were troubled by the responses to other issues.  They stressed, in particular, the need to seriously address ingrained cultural bias against women, promote police training and the fair treatment of internally displaced persons, particularly given Colombia’s status as a leader among Latin American nations.

The experts agreed that, while very few countries faced with Colombia’s difficulties had come as far, United Nations reports, non-governmental organizations (NGOs) and other sources, nevertheless, described a “very brutal” side –- a country rife with massive human rights violations, guerrilla warfare and kidnappings.  One expert said that, at the time of Colombia’s presentation of its third periodic report in 1997, sources had indicated that 10 people were dying from political violence every day, a figure that stood at 20 today.  Some 500 people had disappeared, including a presidential candidate.  While those actions had undoubtedly been carried out by paramilitaries, the Government was primarily responsible for preventing them.

Opening the meeting this morning, the Committee Secretary gave an update of the panel’s work –- noting the reports received and other miscellaneous issues relevant to the Committee's business since it had last met.  That presentation was followed by an oral report on the work of the inter-sessional work of the Committee’s Working Group on Communications, given by its Chairman/Rapporteur, Ivan Shearer, expert from Australia.  The Committee adopted that report, as well as its provisional agenda and programme of work for the session.

The Committee will reconvene tomorrow at 10 a.m. to continue its consideration of Colombia’s fifth periodic report.

Background

The Human Rights Committee opened its current session this morning with the consideration of Colombia’s fifth periodic report on compliance with the International Covenant on Civil and Political Rights (document CCPR/C/COL/2002/5).  It notes, among other things, that in the midst of difficulties and restrictions, and notwithstanding realities within the country, progress has been made in both national and local political spheres towards the overall promotion and guarantee of and respect for human rights.  Still, it acknowledges that work has hardly begun on some tasks, and that much remains to be done.

The report stresses that Colombia has a comprehensive commitment to protect and implement fundamental rights, not only domestically, but also internationally. While the country is party to the major international human rights instruments, however, certain aspects of Colombia’s reality had considerably restricted both the possibility of full enjoyment of human rights and the ability of the State to guarantee them.  The most critical aspect of contemporary reality is unquestionably the internal armed conflict.  The increasing societal fragmentation and disruption caused by the conflict were the principal sources of human rights violations and institutional instability.

“Peace and human rights precondition on another”, the report states, and even as armed militia -– especially guerrilla and self-defence groups –- continued to sow discord increasingly drawing citizens into the conflict, the Government was further developing its policy vision and plan of action in the field of human rights.  Colombia continued to bring its policies in line with international law and the Geneva Conventions, stressing overall the need to “humanize” the conflict.  That had been an essential point of the Government’s negotiations with insurgent groups within the framework of the peace process.

Colombia had also not restricted its human rights policy only to a series of tasks incumbent upon the State, thereby allowing the design and opening of channels of communication between the State and non-governmental human rights organizations to become a priority.  Following an historical overview of the country –- its political structures, geography and socio-economic make-up -– the report details the Colombian Government’s actions to promote, guarantee and protect human rights and international law, as well as to secure peace between 1996 and 2002.  It also highlights the work of the Office of the People’s Advocate (1992-2002), and gives a detailed analysis of the country’s efforts to implement the various articles of the International Covenant.

The document also details the Colombian Government’s efforts to devise a National Plan of Action on Human Rights and International Humanitarian Law based on the notion of the indivisibility of human rights.  The Plan, which was designed to protect the rights to life, liberty and integrity, will be drawn up in such a way that it will continue through successive governments.  In order to boost the initiative, the Intersectoral Committee on Human Rights and International Law -- created in 2000 -- has been assigned to, among other things, guide, encourage and coordinate the Plan’s implementation.

Technical advice on devising the Plan is being provided by the Office of the United Nations High Commissioner for Human Rights, the report adds.  A programme led by Colombia’s President had drawn up the basic methodology for moving the process forward, and a recently completed outline for the Action Plan had clarified the fields of institutional action.

On humanization of the armed conflict, the report notes that the Government had endeavoured to conclude humanitarian agreements with the guerrillas and private justice groups, aiming to put an end to abductions, extortion and attacks on civilians.  The Government had insisted that insurgents observe and enforce international humanitarian law and ensure respect for the civilian population and non-combatants.  No one under the age of 18 was participating in the Colombian armed forces and an ambitious programme of rehabilitation and reintegration was under way for children caught in the conflict -– either abandoned or endangered.  The adoption of a four-year-old penal code had also been a significant step towards criminalizing the atrocities committed during the conflict.

The report goes on to detail Colombia’s actions taken under the 27 articles of the Covenant, including to ensure the right of peoples to self-determination (Article 1), protection of human rights in states of emergency (Article 4), the right to life (Article 6) and freedom of thought, conscience and religion  (Article 18).  On equality between men and women (Article 3), the report quotes relevant provisions contained in Colombia’s 1991 Political Constitution, which establish gender equality in rights and opportunities.  Also according to the report, there were many signs in the country that women were becoming more associated with socio-economic life and public affairs, thanks mainly to the modernization of policies and institutions.

Report of Working Group on Communications

IVAN SHEARER (Australia), Chairman/Rapporteur of the Committee’s Working Group on Communications, said that in its meetings, held from 10 to 12 March, that body had had before it 26 draft recommendations and decisions from the Secretariat, of which it had considered 24.  It had declared three declarations admissible and recommended 23 for onward transmission to the Committee.  Together with outstanding country reports, a total of 48 reports awaited consideration by the plenary.

The Committee then adopted that report.

Following adjournment of the morning meeting, the Committee heard the fifth periodic report of Colombia this afternoon.

Report of Colombia

LUIS GUILLERMO GIRALDO (Colombia) said that the Minister for Justice had resigned last week, although his accreditation had been requested.  The High Commissioner for Human Rights in Colombia had extended an open invitation for all bodies to visit the country.  There would be free access to communication media.

He said that the main thrust of the policy of democratic security was to make it possible for all citizens to enjoy full political, economic, social and cultural rights.  There were guarantees for the right of association within the law.  There was no question of restricting or punishing citizens.  It was democratic security aimed to protect all sectors of society within respect for the law and human rights principles.

The Government wished to ensure a strong State in order to avoid a recurrence of past circumstances, he said.  There had been a significant reduction in murders, abductions, killings and other criminal acts.  In addition, members of leftist and other organizations had been freely elected to political office in the capital, Bogotá, and other regions.

However, the Government recognized that much work remained and it was not satisfied that everything possible had been done, he said.  In light of the continuing conflict in Colombia, outstanding tasks included the ending of violations by officials of the country’s legal processes and human rights covenants.

Responses to Experts’ Written Questions

Turning to questions related to implementation of specific articles of the Covenant in Colombia’s Constitution, LUZ MARINA HILL of Colombia’s Defence Ministry first outlined a constitutional reform proposed in 2003 to combat terrorism.  While the experts had questioned whether the law would undercut some measures adopted during 2002’s “state of internal commotion”, Ms. Hill said that the new law had been enacted to ensure that the Government’s judicial and civil administration complied with the Covenant.  The powers of military and law enforcement staff and officials also complied with the Covenant.

CARLOS FRANCO, Director of the Human Rights Programme in the Office of Colombia’s Vice-Presidency, answered several of the experts’ questions about a decree passed in 2003 on punishment for war crimes.  He said that the decree did not allow individuals linked to any war crimes proceeding to benefit in any way, and added that, recently, more than 2,000 people had left their “illegal groups”.  The Government’s initiatives had aimed at facilitating the reintegration of those individuals into society.

Mr. Franco said that efforts to reform the justice system included certain adjustments to the process of habeas corpus based on the recognition of its importance, following its incorporation into the Constitution in 1991.

Regarding steps taken to combat “paramilitarism”, he said that from the start of his election campaign, President Uribe had stated the need to find a negotiated way towards that end, provided that the international community could help in seeking a ceasefire and generating good will on the part of armed rural groups.  Those wishing to be part of democratic life would have every guarantee.  In December 2002, the Government had established an exploratory committee to assess their desire for peace.

He said that, in February 2004, the Government had made public a report stating that there had been a significant drop in the activities of such groups although there were still some violations.  The Organization of American States (OAS) was acting as an observer in the dialogue process, checking agreements as they were made in order to ensure their effectiveness.

Regarding the Government’s bill on the legal mechanisms needed to resolve that issue, he said that on 11 June, President Uribe had invited non-governmental organizations (NGOs) to discuss it.  The Government had submitted the bill for broad, democratic public debate, as well as consideration by the House of Representatives.  So far, the first debate had not taken place and the bill would be resubmitted.

Such discussions did not include amnesties or pardons, he said, but after real and effective demobilization, such actions as compensation for victims could be discussed.  The bill sought alternatives to prison, in keeping with the peace process.  Last year, 787 members of paramilitary groups had returned to society, showing how effectively the Government was dealing with them.

Ms. HILL said the legitimacy of public force was supported in its determination to combat all illegal armed groups and individuals who threatened the liberties and rights of citizens.  The Ministry of National Defence, in developing policies to fight illegal paramilitaries, aimed to strengthen public forces.  The Government had created a centre for the coordination of forces from the Defence, Interior and Justice Ministries, as well as the Offices of the Public Prosecutor and the Attorney-General, among others.  In fighting illegal groups, the country was strengthening institutions and the ability of public forces to protect citizens.

Ms. HILL said that Colombia was committed to abide by the Committee’s recommendations, adding that the procedure that had been established to monitor the recommendations was comprised of a Committee of Ministers, including the Minister of External Affairs and Minister of Justice.

On gender equality, Mr. GIRALDO said that answering questions about the reduced number of sentences for crimes related to domestic or sexual violence presupposed that there was a comprehensive system in place for tracking them.  There was not necessarily a single source of statistics or other information clearinghouse for domestic violence in Colombia, nor was his country any different from many others.

Indeed, it was an open secret that sexual offences were difficult to monitor, chiefly because victims feared that by reporting the incidents to the authorities they might be “victimized” a second time by invasive investigation procedures, or that they might be otherwise discriminated against.  For those reasons, Colombia’s Attorney-General’s Office had undertaken an energetic programme, setting up centres throughout the country staffed with social workers and experts trained in dealing with the consequences of domestic violence in all its forms, with expertise.  That initiative was going a long way to restore faith in the State institutions and to ensure that victims of gender-based violence would feel safe seeking out the help they needed.

Mr. FRANCO outlined the economic resources made available to implement programmes benefiting women, children, ethnic minorities and internally displaced persons.  In education, the Government had extended, in just one year, education coverage to 25 per cent of children previously excluded.  It had also invested some $13 million in security programmes for internally displaced persons, and it was working with the World Food Programme (WFP) on projects involving some $22 million.  Programmes for Afro-Colombians would cost $71 million.

Regarding the Government’s stated intention to limit the powers of the Constitutional Court and eliminate its right to rule on emergency legislation, he said no such initiative had yet been taken.  Congress would have to rule on that and if it was not in session, it would have to be convened on an emergency basis.

He said in regard to the issue of peasant soldiers, that government strategy had been laid out in Law 48 of 1993, which dealt with service in the military.  Such soldiers would do compulsory military service in their area of residence, bearing in mind their academic level.  That was nothing new, but merely the implementation of a previously existing law.  Peasant soldiers had the same kind of training as other military forces and were subjected to Law 714 of the military code.

The presence of police and military forces, as well as that of peasant soldiers in some areas, was intended to guarantee the rights of the people, he said.  The Government wished to ensure there were not two classes of Colombians -– well protected citizens in the cities and rural dwellers without protection.  There were on average three requests a week for peasant soldiers to ensure such protection in some rural areas.

On illegal armed groups and whether the Government had created networks of civilian informers and collaborators to help deal with such non-State actors,   Mr. FRANCO said that all citizen participation was assessed by authorities.  The networks were not authorized to bear arms or to engage in any type of policing activities.  Collaborators, he added, were not remunerated for the information they provided to State authorities.  The Government had tried to promote civilian participation in order to ensure wide security for everyone.  Such participation had led to the reduction of criminal activity at all levels, particularly vehicular thefts, corruption and abductions.  Indeed, criminal acts aimed at State institutions could not be effectively tackled without civilian help.

Returning to gender issues, Ms. HILL said that efforts to address domestic violence and violence against women were coming up against many cultural obstacles.  Nevertheless, the increased debate had provided the Government with an opportunity to discuss the issue openly and to push forward several national policies to benefit women.  Colombia was implementing a programme on women, peace and development, based on, among other things, disseminating information on women’s rights, monitoring family violence, encouraging and promoting the filing of complaints, and integral health care.

She added that displaced women were often subjected to the most extreme violence -– including sexual trafficking.  On women’s sexual and reproductive rights, she said the Government was committed to safe maternity, family planning, prevention of intra-uterine cancers and sexually transmitted disease, and care for children and adolescents.

ANDRES RAMIREZ, Deputy Prosecutor, addressing the question of social cleansing, said it was based on specific intent.  In 1994, 23 members of paramilitary and illegal self-defence organizations had been arrested in a single day after carrying out such actions.  Some people classified their victims as combatants with the specific purpose of social cleansing.

Questions from Experts

HIPÓLITO SOLARI-YRIGOYEN, expert from Argentina, noted that the report stated Colombia’s full commitment to the enjoyment of fundamental rights and its diplomacy for peace, which involved sharing with the outside world the true picture of what was happening inside the country, as well as what was being done to remedy the situation.  But, in spite of the positive aspects presented, United Nations reports, NGOs and other sources had described a very brutal side.

Since Colombia’s presentation of its third periodic report in 1997, there had been a great worsening of the situation, he said.  Sources had indicated at that time that 10 people were dying from political violence every day, a figure that stood at 20 today.  Some 500 people had disappeared, including a presidential candidate.  While those actions had undoubtedly been carried out by paramilitaries, the Government was primarily responsible for preventing them.

Regarding government measures to dismantle paramilitarism, specifically the self-defence groups, he said there was a great deal of information about connections between such groups and State authorities, as well as impunity on their part.  Although the delegation had made statements about the State’s resolve to combat the paramilitaries, attempts to absorb them might represent amnesty.

On military service by peasant soldiers, he said the report had not made clear which of their rights that the Committee regarded as fundamental, such as conscientious objection.

RUTH WEDGWOOD, expert from the United States, noting that the report made no mention of the number of prosecutions undertaken in cases of domestic violence, asked whether there was a policy requiring prosecution.  Were there provisions for shelters for battered women and were police trained to arrest perpetrators?

Noting also the delicacy of the abortion question in a Catholic country, she asked whether there was a criminal law against seeking it.  If a crime could be made out, such a prosecution would mark the woman concerned as a criminal and, as such, a connection could be made between that state of affairs and the underreporting of sexual violence, particularly in cases of pregnancy resulting from rape or incest.  Was there any way for women who felt they had a case to obtain a legal opinion beforehand?  Was there any focus on the systematic rape of women during wartime?

She also asked whether the national Government or the territorial states bore responsibility for internally displaced persons in need.  Could such persons vote in the area of their displacement or only in their home areas?  Was anything planned in regard to the voting rights of Afro-Colombians?

NIGEL RODLEY, expert from the United Kingdom, said that, while there had been progress towards alleviating a situation that could only be described as rife with massive violations of human rights -– with one of the worst problems of terrorism and drug trafficking in the world -- he was troubled by, among other things, reports of what appeared to be the acquiescence of security forces to the activities of guerrilla groups.  While it was good to hear about plans to disband paramilitaries, he was concerned about enactment of laws that might be perceived as granting amnesty for such persons once they put down their arms.  He was also concerned that persons implicated in war crimes but not prosecuted might benefit from amnesty.

Mr. RODLEY was also concerned by limitations on the powers of the Constitutional Court.  He also asked for more clarification on so-called “peasant soldiers” the Government planned to recruit in combat against guerrillas.  Also, he wondered about prosecutions for genocide.  He applauded the Colombian Government for including specific punishments for “politicide” –- politically motivated murder –- in its laws.  On the issue of “social cleansing”, he was troubled by a climate in which certain people –- homosexuals, prostitutes and petty criminals –- were seen as just too much trouble and should be eliminated.

FRANCO DEPASQUALE, expert from Malta, said he had doubts about informers and collaborators and suspected that there might be a distinction between the two. How many informers were involved?  He also wanted to know more about joint State/NGO action to ensure the promotion of the rights of women in Colombia.

WALTER KALIN, expert from Switzerland, asked the Colombian delegation to clarify the matters related to internal displacement, particularly internally displaced women.

CHRISTINE CHANET, expert from France, said that perhaps the report should have been targeted in line with the Committee’s concluding comments and recommendations following the presentation of the previous report.  On abortion, she said she had been somewhat taken aback by the Government’s position on the issue, considering the report noted a rather high number of deaths due to clandestine procedures.

IVAN SHEARER, expert from Australia, asked what was the current state of the country in respect of article 4, which dealt with derogating obligations under the Covenant during states of emergency.

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