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17 April 2001
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Commission on Human Rights
57th session
17 April 2001
Statement of Mary Robinson,
United Nations High Commissioner for Human Rights
introducing the report on the situation on human rights in Colombia
(E/CN.4/2001/15)
Mr. Chairman,
Distinguished members of the Commission,
Excellencies,
Ladies and Gentlemen;
I have the honour to present to the Commission the fourth report on the situation on human rights in Colombia and the activities of our office there. My report to the Commission is drafted in light of the various elements covered by the Chairman’s Statement of the 56th Session of the Commission on Human Rights on 19 April 2000, which called on our Office to submit an analytical report on the human rights situation in the country.
Last December I paid my second visit to Colombia. The visit provided me with a further opportunity to witness first hand the extreme difficulties being faced by many Colombians. Fundamental rights are continuously at risk, particularly the right to life and personal security. I left the country full of deep concern about the human rights situation there and the vulnerable situation in which our Office is placed as it carries out its functions. My concern has been increased by the most recent reports from Colombia which speak of a further worsening in the situation.
Last weekend's events reveal starkly the deterioration of the human rights and international humanitarian law situation in Colombia. Reports from Alto de Naya in the South of Colombia, indicate that at least 37 civilians were massacred by paramilitary forces and approximately 400 families displaced from this area. In addition, 12 people were reported to be killed by the guerrillas of the Revolutionary Armed Forces of Colombia (FARC) in La Caucana, in the Department of Antioquia. It is also reported that the guerrillas destroyed civilian property. Furthermore, yesterday (Monday 16), approximately 92 workers of an oil company were reportedly kidnapped by the guerrillas of the National Liberation Army (ELN) in the Department of Arauca.
The Commission on Human Rights initiated the creation of our Colombia Office as a mechanism that would assist Colombia in addressing serious human rights and humanitarian problems. The Chairman’s Statement of last year recognised that the Office continues to play a vital role in this regard. I am heartened by the international community’s political and financial support for our Office since it began operating in Colombia in 1997, and by the strong expressions of support I heard last December in Bogota from the representatives of the international community based there.
I believe that the reasons for establishing the Office remain valid and I also believe that the Colombian Office is working with great dedication to carry out its mandate for the benefit of the Colombian people. I would like to take this opportunity to express appreciation to our staff in Colombia on the work they are doing.
Mr. Chairman,
I deeply regret the criticisms made in the Government response to my report which in some instances appear to result from misinterpretation of OHCHR’s responsibilities. I am disturbed by some public statements which have been made by national authorities, calling into question the objectivity and impartiality of the work of our Office. I am also concerned by some criticisms of our Office in the national media which I drew to the attention of the authorities in Colombia because they could have implications for the safety of our staff.
Mr. Chairman,
Over the past year, my Office has sought to strengthen its activities in the areas of observation, legal advice and technical cooperation. The programme of training included courses for prosecutors, court experts and investigators concerned with the administration of justice, the Attorney General’s Office and the Prosecutor General’s Office. Several workshops on human rights and humanitarian law involved large numbers of participants from local authorities and non-governmental organizations. The Assisting Communities Together (ACT) project supported community initiatives in five localities. A number of human rights publications have been issued, including an updated compilation of international human rights and humanitarian law applicable to Colombia and a publication on international and national jurisprudence in the area of human rights and humanitarian law. Our Office provided advice on different human rights issues and conducted many field visits to various parts of the country. There has been close cooperation with a number of national institutions: with the Office of the Ombudsman on the management of complaints, with the Attorney General’s Office on the protection of victims and witnesses, and with the Procurator General’s Office on research techniques in cases of human rights violations.
Throughout 2000, the Colombian Government has continued to persevere in its attempts to broker a political solution to the internal conflict that has plagued the nation for decades. Under President Pastrana’s leadership, Colombia has confirmed its strong commitment to peace. Many sectors of civil society are making significant contributions in this regard. I am convinced that the protection and guarantee of human rights should be the cornerstone of this process and thus pave the way to renewed prospects for peace and reconciliation in Colombia. I call upon all parties to the conflict to continue their dialogue and to consider the signing of a Comprehensive Agreement on Human Rights and International Humanitarian Law, as called for by this Commission.
The Colombian government has taken a number of positive steps in the area of the rule of law. A new law against enforced disappearance, genocide, forced displacement and torture entered into force in 2000. The new criminal code and a new military criminal code, both of which incorporate important human rights and humanitarian law standards, came into force. The Government also ratified the Ottawa Convention on the Elimination of Anti-Personnel Landmines and a number of treaties of the International Labour Organisation.
Unfortunately, the State’s efforts to comply with international recommendations on human rights protection issues have failed to produce tangible results, either because these actions have lacked continuity, have had a limited impact or, as in a number of cases, have not been implemented. They have not reduced impunity with regard to cases involving human rights violations, nor have they had the expected impact on the armed actors so far. However, this should not be a justification for the continuing military jurisdiction over cases of human rights violations and breaches of international humanitarian law.
The human rights situation continues to deteriorate. Massacres, extrajudicial executions, enforced disappearances, forced displacement and attacks and threats against the civilian population continue to rise dramatically.
I would also like to stress the importance of respecting the principles of humanitarian law. The conflict has deteriorated to such an extent that combatants are disregarding the most basic humanitarian precepts such as the prohibition of killing wounded adversaries or those who are hors de combat. Attacks by the guerrilla groups against the civilian population and the growing practice of hostage taking - commonly known as kidnapping - in addition to terrorist acts of all kinds must also be condemned in the most unequivocal terms. The defenceless civilian population and children continue to be the principal victims of these actions.
Human rights defenders, including trade unionists and social leaders, are amongst the most vulnerable in Colombia. The past year has witnessed an alarming increase in attacks and threats against these groups. Civil servants, including local officials and individuals working in the judiciary and investigative activities, are also targeted. Freedom of expression is severely curtailed as academics, teachers, journalists and other opinion-makers continue to be repressed in the most violent ways.
Other sectors of the population at serious risk include Colombia’s indigenous and afro-Colombian communities. The situation of the internally displaced continues to deteriorate as incidents of forced displacement are on the rise. The leaders of these populations and those who lend humanitarian assistance are also extremely vulnerable.
I am deeply concerned by the increase in and expansion of the phenomenon of paramilitarism and the growing support that it is receiving amongst certain sectors of Colombian civil society. Links between paramilitary groups and members of the state security forces, which were recognised by the Commission last year, are alarming. I once again strongly urge the government to tackle this problem in a firm and transparent manner so that members of the security forces and other public servants supporting or financing paramilitary activities do not do so with impunity.
I encourage Colombia to move decisively ahead in the implementation of its human rights policies and programmes, including the National Action Plan, as well as international recommendations concerning compliance with human rights.
My Office stands ready to continue to assist Colombia in the efforts to achieve full respect for human rights. We recognize that the State institutions in Colombia need to be strengthened so that they will be able to fully address the country’s human rights challenges. As the Commission correctly recognizes, the rule of law, democracy, development and respect for human rights are interdependent and reinforcing. This principle guides the work of my Office in Colombia in analysing the human rights situation there and providing technical cooperation based on this analysis. The recommendations outlined in my report are offered in a constructive spirit to help to identify institutional or legislative weaknesses and to design effective solutions. There is a need to follow up on these recommendations as the Commission requested last year.
Mr. Chairman,
In presenting my Report, I would like to reiterate my whole-hearted willingness and the willingness of my team on the ground to continue supporting Colombia in its efforts to improve the human rights situation. I invite the Government to strengthen its dialogue with our Office and make best use of the expertise that the international community has placed at the service of the Government and civil society. Finally, I would like to urge the government to consider the requests that several of the special mechanisms of the Commission and the Co-ordinator of the Interagency Network on IDPs have made regarding the possibility of visiting Colombia this year.
* *** *
57th session
17 April 2001
Statement of Mary Robinson,
United Nations High Commissioner for Human Rights
introducing the report on the situation on human rights in Colombia
(E/CN.4/2001/15)
Mr. Chairman,
Distinguished members of the Commission,
Excellencies,
Ladies and Gentlemen;
I have the honour to present to the Commission the fourth report on the situation on human rights in Colombia and the activities of our office there. My report to the Commission is drafted in light of the various elements covered by the Chairman’s Statement of the 56th Session of the Commission on Human Rights on 19 April 2000, which called on our Office to submit an analytical report on the human rights situation in the country.
Last December I paid my second visit to Colombia. The visit provided me with a further opportunity to witness first hand the extreme difficulties being faced by many Colombians. Fundamental rights are continuously at risk, particularly the right to life and personal security. I left the country full of deep concern about the human rights situation there and the vulnerable situation in which our Office is placed as it carries out its functions. My concern has been increased by the most recent reports from Colombia which speak of a further worsening in the situation.
Last weekend's events reveal starkly the deterioration of the human rights and international humanitarian law situation in Colombia. Reports from Alto de Naya in the South of Colombia, indicate that at least 37 civilians were massacred by paramilitary forces and approximately 400 families displaced from this area. In addition, 12 people were reported to be killed by the guerrillas of the Revolutionary Armed Forces of Colombia (FARC) in La Caucana, in the Department of Antioquia. It is also reported that the guerrillas destroyed civilian property. Furthermore, yesterday (Monday 16), approximately 92 workers of an oil company were reportedly kidnapped by the guerrillas of the National Liberation Army (ELN) in the Department of Arauca.
The Commission on Human Rights initiated the creation of our Colombia Office as a mechanism that would assist Colombia in addressing serious human rights and humanitarian problems. The Chairman’s Statement of last year recognised that the Office continues to play a vital role in this regard. I am heartened by the international community’s political and financial support for our Office since it began operating in Colombia in 1997, and by the strong expressions of support I heard last December in Bogota from the representatives of the international community based there.
I believe that the reasons for establishing the Office remain valid and I also believe that the Colombian Office is working with great dedication to carry out its mandate for the benefit of the Colombian people. I would like to take this opportunity to express appreciation to our staff in Colombia on the work they are doing.
Mr. Chairman,
I deeply regret the criticisms made in the Government response to my report which in some instances appear to result from misinterpretation of OHCHR’s responsibilities. I am disturbed by some public statements which have been made by national authorities, calling into question the objectivity and impartiality of the work of our Office. I am also concerned by some criticisms of our Office in the national media which I drew to the attention of the authorities in Colombia because they could have implications for the safety of our staff.
Mr. Chairman,
Over the past year, my Office has sought to strengthen its activities in the areas of observation, legal advice and technical cooperation. The programme of training included courses for prosecutors, court experts and investigators concerned with the administration of justice, the Attorney General’s Office and the Prosecutor General’s Office. Several workshops on human rights and humanitarian law involved large numbers of participants from local authorities and non-governmental organizations. The Assisting Communities Together (ACT) project supported community initiatives in five localities. A number of human rights publications have been issued, including an updated compilation of international human rights and humanitarian law applicable to Colombia and a publication on international and national jurisprudence in the area of human rights and humanitarian law. Our Office provided advice on different human rights issues and conducted many field visits to various parts of the country. There has been close cooperation with a number of national institutions: with the Office of the Ombudsman on the management of complaints, with the Attorney General’s Office on the protection of victims and witnesses, and with the Procurator General’s Office on research techniques in cases of human rights violations.
Throughout 2000, the Colombian Government has continued to persevere in its attempts to broker a political solution to the internal conflict that has plagued the nation for decades. Under President Pastrana’s leadership, Colombia has confirmed its strong commitment to peace. Many sectors of civil society are making significant contributions in this regard. I am convinced that the protection and guarantee of human rights should be the cornerstone of this process and thus pave the way to renewed prospects for peace and reconciliation in Colombia. I call upon all parties to the conflict to continue their dialogue and to consider the signing of a Comprehensive Agreement on Human Rights and International Humanitarian Law, as called for by this Commission.
The Colombian government has taken a number of positive steps in the area of the rule of law. A new law against enforced disappearance, genocide, forced displacement and torture entered into force in 2000. The new criminal code and a new military criminal code, both of which incorporate important human rights and humanitarian law standards, came into force. The Government also ratified the Ottawa Convention on the Elimination of Anti-Personnel Landmines and a number of treaties of the International Labour Organisation.
Unfortunately, the State’s efforts to comply with international recommendations on human rights protection issues have failed to produce tangible results, either because these actions have lacked continuity, have had a limited impact or, as in a number of cases, have not been implemented. They have not reduced impunity with regard to cases involving human rights violations, nor have they had the expected impact on the armed actors so far. However, this should not be a justification for the continuing military jurisdiction over cases of human rights violations and breaches of international humanitarian law.
The human rights situation continues to deteriorate. Massacres, extrajudicial executions, enforced disappearances, forced displacement and attacks and threats against the civilian population continue to rise dramatically.
I would also like to stress the importance of respecting the principles of humanitarian law. The conflict has deteriorated to such an extent that combatants are disregarding the most basic humanitarian precepts such as the prohibition of killing wounded adversaries or those who are hors de combat. Attacks by the guerrilla groups against the civilian population and the growing practice of hostage taking - commonly known as kidnapping - in addition to terrorist acts of all kinds must also be condemned in the most unequivocal terms. The defenceless civilian population and children continue to be the principal victims of these actions.
Human rights defenders, including trade unionists and social leaders, are amongst the most vulnerable in Colombia. The past year has witnessed an alarming increase in attacks and threats against these groups. Civil servants, including local officials and individuals working in the judiciary and investigative activities, are also targeted. Freedom of expression is severely curtailed as academics, teachers, journalists and other opinion-makers continue to be repressed in the most violent ways.
Other sectors of the population at serious risk include Colombia’s indigenous and afro-Colombian communities. The situation of the internally displaced continues to deteriorate as incidents of forced displacement are on the rise. The leaders of these populations and those who lend humanitarian assistance are also extremely vulnerable.
I am deeply concerned by the increase in and expansion of the phenomenon of paramilitarism and the growing support that it is receiving amongst certain sectors of Colombian civil society. Links between paramilitary groups and members of the state security forces, which were recognised by the Commission last year, are alarming. I once again strongly urge the government to tackle this problem in a firm and transparent manner so that members of the security forces and other public servants supporting or financing paramilitary activities do not do so with impunity.
I encourage Colombia to move decisively ahead in the implementation of its human rights policies and programmes, including the National Action Plan, as well as international recommendations concerning compliance with human rights.
My Office stands ready to continue to assist Colombia in the efforts to achieve full respect for human rights. We recognize that the State institutions in Colombia need to be strengthened so that they will be able to fully address the country’s human rights challenges. As the Commission correctly recognizes, the rule of law, democracy, development and respect for human rights are interdependent and reinforcing. This principle guides the work of my Office in Colombia in analysing the human rights situation there and providing technical cooperation based on this analysis. The recommendations outlined in my report are offered in a constructive spirit to help to identify institutional or legislative weaknesses and to design effective solutions. There is a need to follow up on these recommendations as the Commission requested last year.
Mr. Chairman,
In presenting my Report, I would like to reiterate my whole-hearted willingness and the willingness of my team on the ground to continue supporting Colombia in its efforts to improve the human rights situation. I invite the Government to strengthen its dialogue with our Office and make best use of the expertise that the international community has placed at the service of the Government and civil society. Finally, I would like to urge the government to consider the requests that several of the special mechanisms of the Commission and the Co-ordinator of the Interagency Network on IDPs have made regarding the possibility of visiting Colombia this year.
* *** *