COMMISSION ON HUMAN RIGHTS ISSUES CHAIRPERSON’S STATEMENT ON HUMAN RIGHTS IN CENTRAL AMERICA AFTER HURRICANE MITCH

MORNING
HR/CN/99/42
16 April 1999



High Commissioner for Human Rights Introduces her Report on Colombia


The Chairperson of the Commission on Human Rights, Anne Anderson, this morning issued a statement on human rights in Central America in the context of reconstruction and rehabilitation after Hurricane Mitch.

In the statement, the Commission said that taking into account the close relationship between human rights and sustainable development, the Commission noted the impact of Hurricane Mitch on the enjoyment of human rights, in particular economic, social and cultural rights. It recognized that Hurricane Mitch had negatively affected the development of the Central American region in all its forms, and called for continuation of the extraordinary effort by the countries in the region to preserve the progress achieved thus far and to accelerate their social and economic development.

Also this morning, High Commissioner for Human Rights Mary Robinson introduced her report on the situation of human rights in Colombia. Sadly, the human rights situation had continued to deteriorate significantly during the past year. Mrs. Robinson said of particular concern was the level of impunity which only encouraged further human rights violations and the increasing attacks on human rights defenders, trade union leaders and journalists. Attacks on peace communities inhabited mainly by internally displaced, attacks on indigenous communities, threats and attacks against entire populations and the continuous kidnapping of populations had also persevered.

Colombia responded by stating that the Office of the High Commissioner in Colombia was a most effective instrument for the achievement of peace, which was a national priority. The reduction of violations of human rights and violence itself was vital, and Colombia would work with the High Commissioner towards this goal.

A number of country delegations and non-governmental organizations spoke of the deteriorating human rights situation in Colombia. They said the Colombian Government had not handled the issue of collusion between the military and paramilitary groups, resulting in impunity for those responsible for, among others, torture, disappearances, extrajudicial executions and other violations. Human rights defenders were also under intense and violent attacks in the country.

The Commission this morning also started its consideration of the situation of specific groups and individuals, including migrant workers, minorities, mass exoduses and displaced persons, and other vulnerable groups and individuals.

The Chairman-Rapporteur of the Working Group of intergovernmental experts on the human rights of migrants, Jorge A. Bustamante, introduced the report of the Working Group and said the numbers of international migrants had grown considerably. The Working Group had produced a furtherance of the inventory of concepts aiming at a better understanding of the basic problems affecting migrants. Governments were creating exceptions to the common rule of immigration laws and the result of this were actions of an irrational nature, such as anti-immigrant prejudices, xenophobia or racism.

Guatemala (on behalf of the Group of Latin America and Caribbean Countries), El Salvador, Venezuela, India, Mexico, the Russian Federation, the Philippines, Colombia, Germany (on behalf of the European Union), and Canada addressed the meeting, as did representatives of the following non-governmental organizations: Human Rights Watch, Amnesty International, the International Commission of Jurists, the American Association of Jurists, the Catholic Institute for Internal Relations, France-Libertes, Women's International Democratic Foundation, the Andean Commission of Jurists, the International Federation of Human Rights Leagues, Franciscans International, the International League for the Rights and Liberation of Peoples, the International Confederation of Free Trade Unions, the Federation of Associations for the Defence and Promotion of Human Rights, the Canadian Council of Churches, Agir Ensemble pour les Droits de l'Homme, Pax Romana, the World Organisation against Torture, and the International Service for
Human Rights also spoke.

The Commission resumes its meeting at 3 p.m. to continue its consideration of the situation of specific groups and individuals, including migrant workers, minorities, mass exoduses and displaced persons, and other vulnerable groups and individuals

The Commission has before it document (E/CN.4/1999/75) which is a note by the Secretariat addressing the reliability of allegations regarding the removal of organs and tissues of children and adults for commercial purposes. These allegations continued to be studied.

The Commission is also considering document (E/CN.4/1999/76) which is the report of the Secretary-General on the protection of human rights in the context of the Human Immunodeficiency Virus (HIV), and Acquired Immune Deficiency Syndrome (AIDS). The report details guidelines, their dissemination and implementation; and technical cooperation for the promotion and protection of human rights in the context of HIV/AIDS. The report concludes that a number of United Nations bodies and agencies have provided examples of the ways in which the guidelines are being integrated into their policies and programmes at the national level.

Also before the Commission is document (E/CN.4/1999/77) which is the report of the Secretary-General on the status of the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, and the efforts made by the Secretariat to promote the Convention.

The report states that the Convention has been ratified or acceded to by many governments, and its profile has been raised, due to a global campaign. The Convention will enter into force in countries three months after ratification or accession.

The Commission is also reviewing a note (E/CN.4/1999/78) from the Secretariat which announces the availability of the report of the Working Group on Minorities on its fourth session (E/CN.4/Sub.2/1998/18).

The Commission is also considering the report (E/CN.4/1999/80) of the Working Group of intergovernmental experts on human rights migrants by its Chairman-Rapporteur, Jorge A. Bustamante. In this report he looks at the organization of the third session of the Working Group, UN protection of migrants, organization of the fourth session, and the Working Group's findings on obstacles to the effectiveness and full protection of human rights of migrants.

Mr. Bustamante recommends that all individuals, wherever they live, are entitled to the full enjoyment of all the rights enshrined in the Universal Declaration of Human Rights. He recommends that States protect the right of migrants to freedom of association as a means of overcoming their vulnerability. Since the informal economy harbours a significant proportion of irregular migrants, States should be encouraged to extend the basic human rights to this sector and to enforce them, and assist enterprises to improve their economic capacity. At the international level, an in-depth analysis was needed of the obstacles to the enjoyment of the human rights of migrants, and an international mechanism to deal with human rights issues affecting different groups of migrants should be created.

The Commission is also considering a note (E/CN.4/1999/85) from the Secretariat on the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery which supplements and updates the report of the Secretary-General to the General Assembly on the status of the Fund. It announces the human rights defender's prize award to Anita Khadka, recognizing and encouraging her work for the prevention of trans-border illicit trafficking of the girl child and informs how to contribute to the Fund.

Also before the Commission is a report (E/CN.4/1999/113) by the Secretary-General which includes information on the rights of persons belonging to national or ethnic, religious and linguistic minorities as covered by treaty bodies and special rapporteurs. It also notes ongoing technical cooperation on this subject and the work of the Working Group on minorities. The Working Group’s recommendations are listed and include, among others, the recommendation that a feasibility study be prepared on the establishment of a database on minority issues. It also recommends the organization of expert seminars between the sessions of the Working Group, focusing primarily on the subjects of the working papers for the next session.

Organization of the work of the session

Before the Commission under this agenda item is a report (E/CN.4/1999/8) by the High Commissioner for Human Rights on her office in Columbia which includes information on the activities of the office, the visit of the High Commissioner to Colombia, the national context, the situation of human rights and international humanitarian law in Colombia, follow-up of international recommendations, and conclusions. The report contains 17 recommendations from the High Commissioner in which she urges the Government to redouble its efforts to ensure the full and effective enjoyment of fundamental rights and the adoption of a plan of action for human rights. She reiterates to the Colombian Government the importance of reforming the present Military Penal Code and eliminating all provisions incompatible with relevant international norms and recommendations.

Chairperson’s statement on human rights in Central America in the context of reconstruction and rehabilitation after Hurricane Mitch

ANNE ANDERSON, Chairperson of the Commission, said the Commission acknowledged the significant progress achieved in the promotion and protection of human rights by the Central American region’s countries during the present decade, transforming it into a region of peace and democracy through dialogue. The Commission deeply regretted the loss of human lives as well as the loss of harvests, homes and basic infrastructure caused by Hurricane Mitch at the end of 1998. This was considered by the United Nations to be the worst natural disaster in the Americas in the whole of the twentieth century. In light of the magnitude of this catastrophe, the Commission expressed its solidarity with the entire Central American region, in particular Honduras and Nicaragua, which were the most affected, and El Salvador and Guatemala, which also suffered significant damage. In the subregional context, it was important to note the serious losses suffered by the Dominican Republic as a result of Hurricane George in September of 1998.

Ms. Anderson said the Commission recognized and commended the immediate and sustained response from governments, non-governmental organizations and private voluntary organizations in providing relief during the emergency phase as well as continued assistance provided up until now in the difficult task of reconstruction. Taking into account the close relationship between human rights and sustainable development, the Commission noted the impact of Hurricane Mitch on the enjoyment of human rights, in particular economic, social and cultural rights. It recognized that Hurricane Mitch had negatively affected the development of the Central American region in all its forms, and called for continuation of the extraordinary effort by the countries in the region to preserve the progress achieved thus far and to accelerate their social and economic development.

The Chairperson said during the reconstruction and transformation phases, the countries of the region had a unique opportunity to strengthen the promotion and protection of all human rights, especially by providing improved social services, constructing better basic infrastructure, and fortificating democratic and judicial institutions, among others. The Commission was confident that the Central American democracies would be able to overcome the challenges posed by the effects of Hurricane Mitch and encouraged the continued support of the international community in reconstruction and transformation efforts. The Commission expressed once again its solidarity with the countries and peoples of Central America.

Statements

JORGE A. BUSTAMANTE, Chairman-Rapporteur of the Working Group of intergovernmental experts on the human rights of migrants, said that the Working Group had been able to finish its work in accordance to its mandate; to gather all relevant information from governments, non-governmental organizations and any other relevant sources on the obstacles existing to the effective and full protection of the human rights of migrants; and to elaborate recommendations to strengthen the promotion of the human rights of migrants.

Mr. Bustamante said the reasons that justified the creation of the Working Group were confirmed, particularly in the case of the conditions of vulnerability that characterised international migrants as a group. This group had grown considerably, as had the group of irregular migrants. The number of industries subcontracting the latter group had also grown. The Working Group had produced a furtherance of the inventory of concepts aiming at a better understanding of the basic problem. Governments were creating exceptions to the common rule of immigration laws. The result of this were actions of an irrational nature, such as anti-immigrant prejudices, xenophobia or racism.

Mr. Bustamante said it would be a serious mistake to yield to the fatalism of assuming that such contradictions between the full respect of the human rights of immigrants and the protection of national interests were a bad part of human nature, and thus impossible to eradicate. Sometimes there was a social construction of anti-immigrant ideologies. This structural condition was pertaining to the context of the receiving country. The vulnerability of the foreign immigrant should be understood as international in nature, equal to the condition of powerlessness socially ascribed to a foreign immigrant who was a subject of violations of human rights in a receiving country. The Commission should adopt and implement the proposed actions included in the report.

MARY ROBINSON, the United Nations High Commissioner for Human Rights, presented a report on the human rights situation in Colombia. Based on the mandate signed with the Government of Colombia in 1996, the Office of the High Commissioner had initiated work in April 1997 and had benefited from the support of the Colombian Government, national and regional authorities, civil society and international and local non-governmental organizations. It had received numerous complaints on human rights violations and had transmitted them to the relevant authorities for action. It had followed closely the situation of the internally displaced and monitored the compliance of agreements reached between the representatives of internally displaced persons and the Government. It had also provided legal advice on draft legislation encouraging the adoption of recommendations made by the United Nations mechanisms and treaty bodies.

Mrs. Robinson said that sadly, the human rights situation had continued to deteriorate significantly during the past year. Of particular concern was the level of impunity which only encouraged further human rights violations and the increasing attacks on human rights defenders and trade union leaders and journalists. Attacks on peaceful communities inhabited mainly by internally displaced, attacks on indigenous communities, threats and attacks against entire populations and the continuous kidnapping of populations had persevered.

The High Commissioner said her office in Colombia had undertaken several steps with a view to enhancing the Commission's capacity in the country which, among others: analysed the human rights situation affecting Colombia; took note of all the recommendations and statements made by other United Nations mechanisms and treaty bodies; looked into the available resources in terms of capacity-building; established priorities, activities and strategies; planned to enhance its technical cooperation capacity by engaging in projects with local partners and focusing on strengthening national institutions; and provided particular support to the Office of the Ombudsman in Colombia. A new Chief of Mission, Anders Kompass of Sweden, had taken office on April 5 and was working together with increased personnel and the rest of the team.

Mrs. Robinson called for the support of the international community and for all Member States to provide the necessary financial resources that would enable the Commission to undertake the multiple activities foreseen.

LUIS PADILLA MENENDEZ (Guatemala), speaking on behalf of the Group of Latin America and Caribbean Countries (GRULAC), said the migrant problem could not be ignored. The promotion and the protection of the human rights of migrants were fundamental to the Working Group on the human rights of migrants and the Commission. They were a worldwide group whose disadvantaged conditions including poverty, racial discrimination, xenophobia and other forms of intolerance had made them vulnerable to abuse by authorities, organized crime, and migrant traffickers.

Mr. Menendez said the Commission had decided to establish the Working Group by resolution 1997/15 with the human rights of the migrant in mind. Other international conventions and bilateral agreements had been reached and programmes had been developed to assist and protect migrant rights. The Working Group had carried out its mandate. The first task was to identify obstacles which among others were: lack of national norms and legislation; lack of international attention to migrants; and economic and social obstacles and depravation which had formed a platform of vulnerability for migrants. In accordance with the mandate, the Working Group, which consisted of international experts from all parts of the world, studied the establishment of a mechanism with special oversight powers to protect the human rights of migrants. The Commission should adopt the draft resolution on this matter.

VICTOR LAGOS PIZZATI (El Salvador) said it recognized the enormous importance that the subject of migration had achieved in recent years. It was important to recognize the enormous psycho-social effects felt by migrants when their human and labour rights were violated. They suffered from structural inability resulting from economic and labour policies. It was up to each State to determine its labour and migrant policies, but these should always be in parallel to the human rights of the weakest of these groups, children, old people, and women. All migrants had the right to basic hygiene services, food, water and free medical care. The international community should strengthen the fight against the trafficking of migrant workers, making it a criminal offence, and should punish the traffickers and not the migrants.

REBECA GUEVARA (Venezuela) said there was a need to respect the human rights of migrants, a group that had and would contribute much to the developing countries. They encountered a range of challenges to their human rights, and this should be remedied, both in the countries of origin, destination, and transit countries. This was of utmost importance, and a balanced mechanism should be created for this end. The Commission should pass a balanced resolution respecting the rights of all sides.

H. K. SINGH (India)said human rights could not be fully protected or promoted without special attention to the needs of all vulnerable sections, particularly minorities. The attention a State provided to such specific groups and individuals had a direct bearing on the foundations of democracy on which human rights must rest. The global civilisation, which was marked and enriched by diversity, today was witnessing a revival of various forms of exclusivism, bigotry, hatred and intolerance. Extreme forms of aggressive nationalism and narrow chauvinism, along with the rise of so-called religious extremism, posed challenges that confronted nations in all parts of the world. The phenomenon of extremism and intolerance in the name of religion was another challenge that confronted almost all nations. Modern day manifestations of intolerance were often the products of economic deprivation, alienation and marginalization that characterized life in a rapidly changing world.

Mr. Singh said appropriate responses had to be found to this problem within a democratic framework by establishing a firm foundation of equality and non-discrimination, awareness- raising, and the promotion of a culture of tolerance through education, civil society and the media. This was the case in India.

PORFIRIO MUNOZ-LEDO (Mexico) said his country supported the statement made on its behalf by the Latin American and Caribbean Group. The group of experts had confirmed that migrants constituted a highly vulnerable sector of the world population, estimated at around 130 million persons of which the majority had legal status. Mexico said it would present a draft resolution concerning the 1990 International Convention on the Protection of the Rights of All Migrant Workers and their Families. Mexico took note that Azerbaijan, along with Mexico, had ratified the Convention and that Bangladesh and Turkey had recently signed it. The draft resolution called on those countries which had not yet done so to ratify the Convention.

V. SIDOROV (the Russian Federation) said that one of the most serious challenges that humanity had faced for centuries, and that remained at the root of many internal conflicts, was that of migrants. It often provided the inter-ethnic spark that led to the fire. The report of the Working Group on minorities showed that it was becoming a powerful instrument in the implementation of provisions for migrant workers, and offered a new way of finding a peaceful solution to the problems. The Working Group should therefore play a more dynamic role in the implementation of its mandate, including carrying out actions of a preventative measure.

Mr. Sidorov said the Working Group should also pay more attention to the collection of information on regional organizations which helped migrants. A single-ethnic country was now a rarity, and was rarely free from the problems of minorities, such as the case in the Russian Federation. But there was concern for the rights of migrant workers in many countries, especially the humanitarian situation in Latvia and Estonia, where life for migrant workers was very difficult for a vast range of reasons, often in contradiction with international standards.

ROSALINDA TIRONA (the Philippines) said his country welcomed the establishment of the human rights of specific groups and individuals as a separate item under the restructured agenda of the Commission. The phenomenon of migrant labour was not a product of the twentieth century. Women and men had been leaving their homelands in search of work elsewhere ever since payment in return for labour was introduced.

Ms. Tirona said the Philippines was committed to the cause of women and shared the view that integrated measures to prevent and eliminate violence against women should be given attention. It also recognized the sovereignty of receiving countries in accordance to rights and protection granted to migrant workers. The Philippines was of the view that receiving countries should accord migrant women legal status based on their own merit and not based on their relationship with its nationals or on the type of work. It called on the States concerned with sending and receiving migrants to consider putting in place penal and criminal sanctions to punish perpetrators of violence against women migrant workers and to provide victims of violence with the full range of immediate assistance and other measures that would allow them to be present during judicial process, including establishing reintegration and rehabilitation schemes for returning women migrant workers.

CAMILO REYES RODRIGUEZ (Colombia) said that the constructive cast of the recommendations in the report of the High Commissioner for Human Rights were most helpful in order to coordinate the various State instruments to protect human rights. The office of the High Commissioner in Colombia was a most effective instrument for the achievement of peace, which was a national priority. The reduction of violations of human rights and violence itself was vital, and Colombia would work with the High Commissioner towards this goal. This should present the start of a more fruitful phase of implementation of policies and recommendations for the protection of human rights. A grave concern was the activity of non-governmental armed groups. Their criminal activities, threatening the right to life, freedom, and dignity, were clear violations of human rights, and the authorities had not and would not hesitate to halt their activities and bring those responsible to justice, since these activities were inadmissible.

Mr. Rodriguez said there would be hope for the implementation of international humanitarian law when these conflicts were resolved. The features of this illegal and illicit phenomenon should not be forgotten. Forced displacements had grown, requiring increased attention from the State. There had been a change from the previous assistance-based policy. The internal policy should focus on the individual as a victim, and therefore programmes were being implemented to protect them, with greater resources being provided. There were programmes underway to curb the growth and activities of the armed groups. The report of the High Commissioner did have some lacunae, these were detailed, and the errors corrected. The Columbian Government was making a concerted effort for peace, and its efforts were already bearing fruit.

WILHELM HOYNCK (Germany), on behalf of the European Union and Central and Eastern European countries associated with the Union, said it welcomed the report presented by the High Commissioner for Human Rights on the human rights situation in Colombia. The European Union and the Government of Colombia were presently engaged in close and constructive consultations with the objective of reaching a Chairman's statement on the subject. The European Union welcomed and fully supported the efforts of the Colombian Government in its search for a solution to the longstanding internal conflict which had affected the lives of all Colombians.

Mr. Hoynck said the commitment of the Government of Colombia should bring about change in the human rights situation by implementing all the recommendations by the Commission and other United Nations human rights bodies in an effective manner. It should ensure that important legislation on enforced disappearances was adopted at the on-going session of the Congress. The European Union condemned in the strongest terms all acts of terrorism and all violation of international humanitarian law committed by guerilla groups, in particular those directed against civilians. It also urged the Government of Colombia to take all effective legal administrative, security and financial measures to protect human rights defenders and to develop a meaningful and permanent dialogue with the civil society in Colombia.

MARIE GERVAIS-VIDRICAIRE (Canada) said it was concerned about the serious and deteriorating human rights situation in Colombia. In addition, it was were concerned about several references made in the report of High Commissioner for Human Rights with regard to the collusion of the Colombian authorities in cases of extra judicial executions and other blatant violations of human rights, committed mostly by the paramilitary groups.

Canada urged the Colombian Government to make the necessary legislative changes that had been recommended repeatedly by the Commission, in particular to address the problem of enforced disappearances which, as mentioned in the report, in nearly all cases, led rapidly to torture and to extrajudicial executions. Canada deplored the situation of thousands of children living in the streets of Colombia and was troubled by reports of "social cleansing". According to the United Nations Children’s Fund (UNICEF), 1.7 million children between the ages of 12 and 17 worked, with 50 per cent of them working full time. Canada supported Colombian President Pastrana's peace initiatives, and hoped that the peace talks would resume in April.

JOANNA WESCHLER, of Human Rights Watch, said the human rights crisis continued in Colombia and human rights defenders had been under intense and violent attack there. The administration had done little to sever continuing ties between Colombia's military and the paramilitary groups responsible for most of the nation's egregious human rights violations, including numerous assassinations and abductions of human rights defenders.

Ms. Weschler said six human rights defenders, many of whom were Government human rights investigations, were murdered in 1998 by military or paramilitary agents which had given Colombia the terrible distinction of being the hemisphere's most dangerous environment for human rights defenders. The organization called on the United Nations to continue fully funding the Bogota office of the United Nations High Commissioner for Human Rights and said that the focus of its work should remain not only advising the Government but also continuing documentation and reporting on human rights violations.

ISABELLE SCHERER, of Amnesty International, said that the humanitarian situation in Colombia was most grave, although the number of human rights violations by the army and police had declined in recent years. The Colombian Government had failed in its obligations to find a solution to the paramilitary groups, which were committing grave violations of human rights, as well as abuses of international humanitarian law, including arbitrary killings, kidnapping, and hostage-taking. The victims continued to be civilians of all types. The levels of impunity were still unacceptably high. Particularly worrying was the rise in the number of attacks on Colombian and international human rights defenders.

Ms. Scherer said there was a need for a process of dialogue in the near future in Colombia. Respect for human rights could not be dependent upon negotiation between the Government and the paramilitary groups, since these rights could not be negotiable. The Commission should reiterate its call for full compliance with all recommendations, and should encourage Colombia to find a peaceful solution to the problems faced by that country.

ALESANDRO ARTUCIO, of the International Commission of Jurists, said the situation in Colombia had continued to deteriorate, with violations of human rights and humanitarian standards on both sides. Impunity for violations continued, attributed mostly to the fact that the jurisdiction of the courts was incompatible with international standards, despite recommendations made by the international community and organizations. These recommendations had been ignored by the Colombian Government, which had still to implement human rights agreements or standards. There was a need for the special protection of human rights defenders. The implementation of existing mechanisms could considerably improve the situation. There was also a need for concrete policies that would make it possible to take firm steps towards peace, based on the respect for human rights.

GASPAR GLAVIC, of the American Association of Jurists, said the humanitarian situation in Colombia was most grave, with violations of human rights made on all sides, by the army and police as well as by the terrorist paramilitary groups. Many cases had been reported. Human rights defenders were targeted by all sides. There appeared to be collaboration between all sides to destroy the human rights movement, as well as any social or trade union movements. There was international condemnation of this, and the Commission needed to indicate its disapproval.

MARIA PIRES, of the Catholic Institute for International Relations (CIIR), said it was extremely concerned about reports of collusion between the Colombian armed forces and paramilitary groups which had been verified by the High Commissioner's report. The Colombian Government had failed to implement the High Commissioner's recommendation that all military personnel who had proven links to paramilitary groups be removed from service and had failed to ensure that military personnel responsible for crimes against humanity and war crimes were prosecuted and punished by the civil justice system.


Ms. Pires said other areas which raised concern in Colombia were: increased violations by guerilla groups against civilians; increased attacks by both paramilitary groups and guerrilla groups on human rights defenders; Government policy on the displacement crisis lacked clarity; conditions were deplorable in the sports stadium; the existence of violations in surrounding refugee areas in Turbo and Uraba; and the Colombian Government's implementation programme of United Nations recommendations had been retarded. The organization called for the implementation of all recommendations relating to the dismantlement of paramilitary groups; the removal from military service of military personnel known to have links with paramilitary groups; and the need to pass legislation against forced disappearances and on reform of the military penal code.

ANITA TEXIER, of France Libertes - Fondation Daniel Mitterand, said the situation in Colombia was most grave since there was much forced displacement and other violations of basic human rights of Colombians by many groups, both State and paramilitary. Political prisoners had been murdered, leading to the eradication of human rights defenders in that country. There were atrocious examples of the situation available, despite the encouraging statements made by the Government. No measures had been taken to ensure the basic rights of the population. The Government should implement the recommendations made by the different experts and treaty bodies. The experts needed to continue to pay attention to the humanitarian crisis. Human rights defenders needed to be protected, and the paramilitary groups had to be disbanded.

AIDA AVELLA, of the Women’s International Democratic Federation, said the organization was most concerned about the human rights situation in Colombia, since many people had been forced into exile, prosecuted, or put in jail. Trade union members or leaders were harassed, killed, or arbitrarily detained. Political genocide was taking place in this so-called democracy. Those most affected by forced displacement were women and children who had no access to food, education and health care. This was mostly due to the Colombian Government, and not to the paramilitary groups. The State was responsible for 70 per cent of the human rights violations. The State and the paramilitary groups had even worked together. Impunity was rampant, and those guilty of crimes against humanity were rewarded by the Government with important posts. The military tried its own people, despite repeated appeals by the international bodies. International treaties and recommendations were not respected.

MARGARITA UPRIMNY, of the Commission of Andean Jurists, once again called the attention of the international community to the effects of violence and violations of human rights in Colombia. The organization lamented that the recommendations of the High Commissioner for Human Rights on Colombia had not been adequately implemented. The problem of the dismantling of the paramilitary bands, the situation of regional justice, and the problem of impunity were the most serious aspects of the human rights situation in Colombia. The Commission of Andean Jurists saluted the new director of the Office of the High Commissioner for Human Rights in Bogota.

ZORAIDA HERNANDEZ PEDRAZA, of the International Federation of Human Rights Leagues, said there were many violations of human rights in Colombia, and the Government needed to take steps to implement recommendations made by international organizations. Human rights defenders were targeted by the paramilitary and they needed protection as well as a guarantee of freedom of action. Ending impunity was not only a problem to be solved by the judiciary. Paramilitary and governmental forces were linked. Commitments made to displaced communities had not been carried out. The Commission should ensure that the Colombian authorities did not fail to adopt the suggestions made by the international organisations and treaty bodies.

JOHN QUIGLEY, of Franciscans International, said the 1998 human rights record of Colombia continued to be one of the gravest in the world. The organization deplored that the Colombian Government had yet to be serious in implementing the agreement that it negotiated with the fifty-fourth session of the Commission on Human Rights. The study of the human rights situation in Colombia indicated that the right-wing paramilitaries were the main violators of human rights and international humanitarian law in the country.

Mr. Quigley said that the Chairman’s statement of 1998 had identified paramilitarism as the most serious problem that contributed to the violations of human rights in Colombia. It was responsible for two-thirds of the total amount of executions, for the majority of enforced disappearances, and for acts of torture or massacres. The organization urged that the different United Nations mechanisms operating in Colombia make a deeper effort to understand and explain the paramilitary project in the country. Franciscans International recommended that if during 1999 the Colombian Government did not define and apply a clear policy to combat paramilitarism; if the indicators of human rights continued to increase; and if there was no clear evidence of implementing the recommendations made by the United Nations; that a Special Rapporteur be considered as an additional mechanism to help overcome the grave human rights crisis in Colombia.

VERENA GRAF, of the International League for the Rights and Liberation of Peoples, said that flagrant impunity for human rights violators continued to exist in Colombia. The policy of the Colombian Government to implant an economic model, which defended the interests of some to the detriment of others who opposed that model, had been an integral part of the existence of impunity. The League requested the Commission to urge the Colombian Government to free human rights defenders and leaders of the syndicates who had been detained and to guarantee a just and independent political press in Colombia. It called on the Government of Colombia to implement the High Commissioner's recommendations and to reinforce its mechanisms.

ANNA BIONDI, of the International Confederation of Free Trade Unions, said that in 1998, nearly 100 trade unionists had been murdered in Colombia. Trade unionists had been a clear target group for systematic destruction. While paramilitary groups were mostly to be blamed, the Union denounced the Government since the violence had been rarely if ever investigated. The beginning of 1999 had brought new tragedies, with the earthquake that devastated the city of Armenia and recent floods. But while the world focused on these tragedies, a new and terrible campaign of death squads against human right workers and trade unionists was being perpetrated. The organization and its members demanded that the Colombian Government immediately open a full, public and impartial inquiry into the assassinations which had occurred up to now; offer public effective guarantees for the personal security of all Colombian trade union leaders and activities; and resume good faith dialogue with the Colombian trade union movement.


JOSE ANTONIO GIMBERNAT, of the Federation of Associations of the Defence and Promotion of Human Rights, said that the violations of human rights in Colombia were grave, massive and systematic according the Commission in 1998 and this had continued to date. Paramilitary groups had continued their activities, had extended to other areas in the country, and had increased their reach according to the report of the United States of America State Department in 1998. The armed civilian group "CONVIVIR" continued its efforts to reach its objectives. New initiations of peace talks provided hope but needed to be expanded to include the implementation and protection of human rights at all levels of society and Government, especially with those groups and associations which have been responsible for the violators.

SUZANNE RUMSEY, of the Canadian Council of Churches, said his organization had sent an open letter to Colombia's President Pastrana which expressed profound concern over the state of human rights in Colombia. It had called on the new Government to adopt urgent measures to bring an end to the abuses of human rights. The unbridled expansion of paramilitarism throughout the country was one of the most disturbing trends of the past several years. As part of the perverse strategy and regardless of the cost of lives, these groups apparently believed that by increasing acts of terrorism, they could force the Colombian Government and the international community to include them in peace talks as legitimate political actors. The organization urged the Colombian authorities to put into practice the recommendations formulated by the High Commissioner and to provide a detailed assessment of the human rights situation in Colombia. The High Commissioner’s office should be asked to prepare an interim analytical report for presentation by the High Commissioner at the next session of United Nations General Assembly.

GLORIA MANCILLA, of Agir Ensemble pour les droits de l'homme, said that the figures on violence demonstrated the lack of commitment of the Colombian Government to find a peaceful and effective solution to the continuing violations of human rights in the country. The violence, murders, continuing conflicts, attacks on human rights defenders, and annihilation of the political opposition resulted in a country where terror was widespread, and mass exoduses were rampant. The Government needed to implement real and effective measures to remedy the most important problem that was internal displacement. Most of those displaced were children and women, and this was a serious rent in the social fabric, since it plunged families into poverty and displacement. There were economic and social objectives, with those causing displacement occupying the lands which were now empty. The Government had given minimal aid to those displaced. There was a need for a real policy to dismantle the paramilitary and prevent impunity. Necessary measures should be implemented to ensure that the repeated recommendations were complied with.

JOSE GARCIA, of Pax Romana, said the Commission had reacted to the serious human rights situation in Colombia, including the victimization of opposition politicians, social leaders and directors, farmers and indigenous peoples, among others. The assassination of legal human rights defenders such as Eduardo Umana Mendoza and Javier Barriga y Jesus M. Valle continued to demonstrate the growing human rights violations in Colombia. Pax Romana called on the High Commissioner for Human Rights to consider the possibility of naming a Special Rapporteur for Colombia, who together with the existing mechanisms already in place, could work toward relieving the situation in Colombia.

FERNANDO MEJIA, of the World Organization against Torture, said that for decades, the human rights situation had deteriorated in Columbia with grave violations of human rights as well as crimes against humanity perpetrated both by the State forces and the paramilitary groups, either jointly or separately. Massacres had taken place, and the perpetrators left unprosecuted. Civilians were targeted by all. Kidnappings took place in flagrant violation of humanitarian law. The picture was tragic, especially regarding social activists and human rights defenders, who, despite repeated requests, suffered under a repressive policy of repression, execution and suppression. Many had been forced to leave the country in order to preserve their lives. Indigenous peoples were also killed. A climate of impunity prevailed; monitoring organizations had made recommendations which were ignored by the Government. The latter should ensure that this ceased. Respect for human rights could not be dependent on negotiations. The Government of Colombia should apply the appropriate measures to implement international instruments and recommendations.

ADRIAN-CLAUDE ZOLLER, of the International Service for Human Rights, said that the organization had together with the Colombian Commission of Jurists organized a Latin American seminar on the protection of human rights defenders. The International Service for Human Rights wanted to acknowledge that human rights defenders who had died had given their lives in the pursuit of its efforts. There was a need to protect human rights defenders in Colombia. Senior officials who said that human rights defenders were collaborators with terrorists and insurgents had to be stopped. The study and prevention of grave violations of human rights committed with impunity in Colombia needed to be continued and the capacity for intervention by the Office of the High Commissioner needed to be reinforced.