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16 April 1999
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Statement by the Chairperson on behalf of the
Commission on Human Rights (55th session)
Geneva, 22 March - 30 April 1999
Agenda item 3
Colombia
“The Commission on Human Rights welcomes the fact that State and government institutions in Colombia have continued to cooperate with the permanent Office of the United Nations High Commissioner for Human Rights in Bogotá, enabling it to conduct its activities in Colombia. It also welcomes the analytical report of the United Nations High Commissioner for Human Rights on the Office in Colombia (E/CN.4/1999/8). It also takes note of a document containing the observations of the Government of Colombia on that report (E/CN.4/1999/141, annex).
“The Commission welcomes the renewal of the agreement between the Government of Colombia and the High Commissioner for Human Rights extending the mandate of the permanent Office in Bogotá until 30 April 2000. It considers of greatest importance the work which the Office is undertaking in the promotion and protection of human rights, an element which may facilitate reconciliation between Colombians and the search for peace. The Commission continues to believe that the Office, which is mandated to promote and protect human rights and observe violations of human rights in the country, as well as to assist the Colombian authorities in developing policies and programmes, continues to perform a vital role in addressing ongoing violations of human rights and international humanitarian law in Colombia. The Commission expects that the activities of the human rights Office in Bogotá will eventually contribute to a climate of trust between the Government and all sectors involved in the conflict, in particular by encouraging a process of constructive dialogue involving non-governmental organizations and other sectors of civil society.
“The Commission notes the continued willingness of the Government of Colombia to give full importance to the conclusions and recommendations contained in the report of the High Commissioner, but deplores the fact that its recommendations as well as those made by thematic mechanisms and other United Nations bodies, have not been fully implemented. The Commission further concludes that continued strong cooperation with thematic rapporteurs and working groups is, inter alia, necessary to improve the situation of human rights in Colombia.
“The Commission acknowledges the steps taken by the Government of Colombia for the application of humanitarian standards in the conflict, and welcomes its continued cooperation with the International Committee of the Red Cross and the facilitation of its humanitarian activities in the country.
“In this context, the Commission deplores the grave and prolonged occurrence of serious and massive violations of human rights and of international humanitarian law.
“The Commission notes the introduction by the Government of Colombia in December 1998 of an integrated human rights strategy which is in accordance with the Vienna Declaration and Programme of Action and which highlights respect for international humanitarian law and measures for combating impunity, professionalization of the armed forces, assistance for the internally displaced and the safety of human rights defenders as areas of concern. The Commission urges the Government of Colombia to complement these guidelines by introducing practical measures to address these problem areas, in particular the high level of impunity. It welcomes the declared readiness, as expressed in this Commission by the Vice-President of Colombia in his new capacity as Human Rights High Counsellor of the Government, to give the highest priority to the promotion and protection of human rights in the future, and to set in motion without delay the national human rights plan.
“The Commission expresses its hope that peace talks between the Government of Colombia and all the groups involved in the internal conflict will become permanent and provide a decisive impulse until a sustainable peace is reached in Colombia. The Commission remains deeply concerned about the lack of a ceasefire and about increasing grave abuses of international humanitarian law, mainly by 'paramilitaries' (also known as 'self-defence groups' or 'autodefensas') and guerrillas. At the same time, the Commission deplores violations of human rights by certain State agents and urges the Government of Colombia to take strong and decisive action against all State agents found guilty of human rights violations.
“The Commission remains deeply concerned about the increase in the number of internally displaced people in Colombia and calls for enhanced action by the Colombian authorities, in coordination with international bodies. In this context, it notes with satisfaction the cooperation established between the Government of Colombia and the liaison office of the United Nations High Commissioner for Refugees in Bogotá on the basis of a memorandum of intent dated 28 January 1999. The Commission urges the Government of Colombia to seek effective means to eradicate the causes of displacement, in particular carrying out judicial investigations against 'paramilitary' groups as a main actor. It calls on the Government to provide for a publicly announced and well-funded strategy to solve the problems of internal displacement. It further calls for thorough investigations into crimes against the displaced population and urges the Government to take preventive measures in those areas where the population has been threatened with enforced displacement.
“The Commission welcomes the reduction in the number of human rights violations attributed to the armed and security forces and the police, but is concerned that the armed forces have not fulfilled their intention to suspend from active service all those in their ranks who are under formal juridical or disciplinary investigation for human rights violations until guilt or innocence is determined and to dismiss them where such allegations have been proven. It urges the Government of Colombia to institute criminal proceedings against all those so implicated. It urges the Government of Colombia to establish as soon as possible the necessary measures to guarantee a truly independent judicial system, to ensure the transfer of all judicial procedures concerning serious human rights violations currently under military penal jurisdiction to the jurisdiction of the ordinary justice system and to separate the functions of the executive and the judiciary. The Commission urges the Congress of Colombia to ensure that the Military Penal Code reform bill is approved at its ongoing session and urges the Government of Colombia to ensure that it is in full conformity with international law.
“The Commission regrets that the draft legislation on enforced disappearances was withdrawn from the agenda of an urgent session of the Congress in January 1999 and notes that it has been reintroduced. It reiterates to the Government of Colombia the importance of adopting a law criminalizing enforced disappearance. It calls upon the Congress of Colombia to ensure its passage in the course of the ongoing session. It appeals to the Government to ensure that the law is in compliance with international instruments, in particular with the United Nations Declaration on the Protection of All Persons from Enforced Disappearance, and to adopt urgently penal and disciplinary regulations concerning enforced disappearances which punish them as serious crimes and offences and to adopt a criminal and legislative policy concerning violations of human rights and international humanitarian law in order to implement the recommendations of the Working Group on Enforced and Involuntary Disappearances and other thematic procedures.
“The Commission reiterates its concern at the continued violence by 'paramilitary' groups in Colombia. The Commission strongly condemns the crimes committed by 'paramilitary' groups, including those for which members of the 'special private security and vigilante services' (known as 'Convivir') have been proved responsible. It urges the Government of Colombia to intensify to the maximum political, administrative, judicial and other appropriate measures with respect to official bodies suspected of supporting 'paramilitary' groups, including legal proceedings against any State agent who cooperates with the 'paramilitaries', measures to dismantle the structure of and links between so-called 'Convivirs' and 'paramilitary' groups, and to bring their members to justice. The Commission urges the Government of Colombia to implement fully the decision to withdraw all licences for all 'Convivir' groups and to ensure that all weapons held by members of these groups are confiscated. Until they are disbanded, the Government is urged to provide public information on the number of such services in existence, their activities and the control measures taken by the Government.
“The Commission unequivocally condemns all acts of terrorism and all violations of international humanitarian law committed by guerrilla groups. It observes with the deepest concern that guerrilla activities continue to be directed against civilians (in particular the totally unacceptable practice of hostage-taking under the threat of death among nationals or foreigners who are neither personally involved in nor responsible for the conflict or its conduct) and attacks on infrastructure, including the bombing of pipelines, which have caused numerous deaths, great suffering amongst the civilian population and grave destruction. Gravely concerned by such recent outrages as the murder of three human rights defenders and mass abduction from an aircraft, for which guerrilla groups were responsible, it calls on the guerrilla groups to respect norms of international humanitarian law, especially to refrain from killings and all attacks on the civilian population, indiscriminate massacres, hostage-taking and the widespread use of anti-personnel landmines, and to fulfil their own pledges not to recruit children. The Commission calls on the guerrilla groups to demonstrate that they are sincere about peace and to engage in serious and direct peace negotiations with the Government, showing the same readiness for compromise the Government has demonstrated so far.
“The Commission recognizes the important legislative steps taken in Colombia, among them the ratification of the Inter-American Convention to Prevent and Punish Torture and the rules which regulate the recruitment of those under 18 to compulsory military service. The Commission recognizes that a draft law has been presented to Congress to bring forward the abolition of the regional justice system. It urges early agreement in the Congress of Colombia and effective implementation of the laws mentioned above. The Commission appeals to the Congress of Colombia to ratify the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and Their Destruction as soon as possible.
“The Commission deplores the continued existence of high rates of judicial impunity in cases of serious crimes, in particular the failure in some cases to arrive at early and effective conclusions to penal processes. It calls upon the Procurator-General to bring to trial without any delay all cases of serious allegations. It welcomes important advances made in a number of cases of gross human rights violations by the human rights unit in the Office of the Procurator-General which is investigating and indicting State agents, guerrillas and members of 'paramilitary' groups responsible for violations of human rights or international humanitarian law. At the same time, it remains concerned about the ongoing implication of State agents, as proven by the Office of the Procurator-General on numerous occasions. It calls on the Government of Colombia to continue to take steps to address this problem as a matter of urgency and to take action against the people concerned.
“The Commission expresses its profound concern over the grave situation of attacks against human rights defenders and deplores the lack of effective judicial investigations into such crimes as well as the absence of effective legal, administrative, security and financial measures to protect those social and human rights defenders who find themselves at risk. It urges the Government of Colombia to observe the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms ('Declaration on Human Rights Defenders') adopted by the General Assembly. It calls upon the Government of Colombia to consolidate its support, through all institutions of the State, of all those who promote the defence of human rights and, in particular, to implement the presidential directive on recognition of the work of human rights advocates adopted in 1997 and other measures taken by the Government to improve this situation and to protect organizations of human rights defenders effectively. It encourages the authorities in Colombia to establish a permanent dialogue with non-governmental organizations, social and Church organizations with a view to enhance the protection of human rights defenders.
“The Commission calls upon the Government of Colombia to give the highest priority to developing concrete measures to integrate human rights education into the curricula of schools and universities throughout the country.
“The Commission notes with great concern the effects of violence on the indigenous population and calls upon the Government of Colombia to take effective steps for the improvement of their legal and physical protection.
“The Commission requests the High Commissioner for Human Rights to submit to it at its next session a detailed report on the activities of the Office, containing an analysis by the Office in Bogotá of the situation of human rights in Colombia, in accordance with the provisions of the agreement between the Government of Colombia and the Office of the United Nations High Commissioner for Human Rights on the operation of the permanent Office in Bogotá.”
16 April 1999
Commission on Human Rights (55th session)
Geneva, 22 March - 30 April 1999
Agenda item 3
Colombia
“The Commission on Human Rights welcomes the fact that State and government institutions in Colombia have continued to cooperate with the permanent Office of the United Nations High Commissioner for Human Rights in Bogotá, enabling it to conduct its activities in Colombia. It also welcomes the analytical report of the United Nations High Commissioner for Human Rights on the Office in Colombia (E/CN.4/1999/8). It also takes note of a document containing the observations of the Government of Colombia on that report (E/CN.4/1999/141, annex).
“The Commission welcomes the renewal of the agreement between the Government of Colombia and the High Commissioner for Human Rights extending the mandate of the permanent Office in Bogotá until 30 April 2000. It considers of greatest importance the work which the Office is undertaking in the promotion and protection of human rights, an element which may facilitate reconciliation between Colombians and the search for peace. The Commission continues to believe that the Office, which is mandated to promote and protect human rights and observe violations of human rights in the country, as well as to assist the Colombian authorities in developing policies and programmes, continues to perform a vital role in addressing ongoing violations of human rights and international humanitarian law in Colombia. The Commission expects that the activities of the human rights Office in Bogotá will eventually contribute to a climate of trust between the Government and all sectors involved in the conflict, in particular by encouraging a process of constructive dialogue involving non-governmental organizations and other sectors of civil society.
“The Commission notes the continued willingness of the Government of Colombia to give full importance to the conclusions and recommendations contained in the report of the High Commissioner, but deplores the fact that its recommendations as well as those made by thematic mechanisms and other United Nations bodies, have not been fully implemented. The Commission further concludes that continued strong cooperation with thematic rapporteurs and working groups is, inter alia, necessary to improve the situation of human rights in Colombia.
“The Commission acknowledges the steps taken by the Government of Colombia for the application of humanitarian standards in the conflict, and welcomes its continued cooperation with the International Committee of the Red Cross and the facilitation of its humanitarian activities in the country.
“In this context, the Commission deplores the grave and prolonged occurrence of serious and massive violations of human rights and of international humanitarian law.
“The Commission notes the introduction by the Government of Colombia in December 1998 of an integrated human rights strategy which is in accordance with the Vienna Declaration and Programme of Action and which highlights respect for international humanitarian law and measures for combating impunity, professionalization of the armed forces, assistance for the internally displaced and the safety of human rights defenders as areas of concern. The Commission urges the Government of Colombia to complement these guidelines by introducing practical measures to address these problem areas, in particular the high level of impunity. It welcomes the declared readiness, as expressed in this Commission by the Vice-President of Colombia in his new capacity as Human Rights High Counsellor of the Government, to give the highest priority to the promotion and protection of human rights in the future, and to set in motion without delay the national human rights plan.
“The Commission expresses its hope that peace talks between the Government of Colombia and all the groups involved in the internal conflict will become permanent and provide a decisive impulse until a sustainable peace is reached in Colombia. The Commission remains deeply concerned about the lack of a ceasefire and about increasing grave abuses of international humanitarian law, mainly by 'paramilitaries' (also known as 'self-defence groups' or 'autodefensas') and guerrillas. At the same time, the Commission deplores violations of human rights by certain State agents and urges the Government of Colombia to take strong and decisive action against all State agents found guilty of human rights violations.
“The Commission remains deeply concerned about the increase in the number of internally displaced people in Colombia and calls for enhanced action by the Colombian authorities, in coordination with international bodies. In this context, it notes with satisfaction the cooperation established between the Government of Colombia and the liaison office of the United Nations High Commissioner for Refugees in Bogotá on the basis of a memorandum of intent dated 28 January 1999. The Commission urges the Government of Colombia to seek effective means to eradicate the causes of displacement, in particular carrying out judicial investigations against 'paramilitary' groups as a main actor. It calls on the Government to provide for a publicly announced and well-funded strategy to solve the problems of internal displacement. It further calls for thorough investigations into crimes against the displaced population and urges the Government to take preventive measures in those areas where the population has been threatened with enforced displacement.
“The Commission welcomes the reduction in the number of human rights violations attributed to the armed and security forces and the police, but is concerned that the armed forces have not fulfilled their intention to suspend from active service all those in their ranks who are under formal juridical or disciplinary investigation for human rights violations until guilt or innocence is determined and to dismiss them where such allegations have been proven. It urges the Government of Colombia to institute criminal proceedings against all those so implicated. It urges the Government of Colombia to establish as soon as possible the necessary measures to guarantee a truly independent judicial system, to ensure the transfer of all judicial procedures concerning serious human rights violations currently under military penal jurisdiction to the jurisdiction of the ordinary justice system and to separate the functions of the executive and the judiciary. The Commission urges the Congress of Colombia to ensure that the Military Penal Code reform bill is approved at its ongoing session and urges the Government of Colombia to ensure that it is in full conformity with international law.
“The Commission regrets that the draft legislation on enforced disappearances was withdrawn from the agenda of an urgent session of the Congress in January 1999 and notes that it has been reintroduced. It reiterates to the Government of Colombia the importance of adopting a law criminalizing enforced disappearance. It calls upon the Congress of Colombia to ensure its passage in the course of the ongoing session. It appeals to the Government to ensure that the law is in compliance with international instruments, in particular with the United Nations Declaration on the Protection of All Persons from Enforced Disappearance, and to adopt urgently penal and disciplinary regulations concerning enforced disappearances which punish them as serious crimes and offences and to adopt a criminal and legislative policy concerning violations of human rights and international humanitarian law in order to implement the recommendations of the Working Group on Enforced and Involuntary Disappearances and other thematic procedures.
“The Commission reiterates its concern at the continued violence by 'paramilitary' groups in Colombia. The Commission strongly condemns the crimes committed by 'paramilitary' groups, including those for which members of the 'special private security and vigilante services' (known as 'Convivir') have been proved responsible. It urges the Government of Colombia to intensify to the maximum political, administrative, judicial and other appropriate measures with respect to official bodies suspected of supporting 'paramilitary' groups, including legal proceedings against any State agent who cooperates with the 'paramilitaries', measures to dismantle the structure of and links between so-called 'Convivirs' and 'paramilitary' groups, and to bring their members to justice. The Commission urges the Government of Colombia to implement fully the decision to withdraw all licences for all 'Convivir' groups and to ensure that all weapons held by members of these groups are confiscated. Until they are disbanded, the Government is urged to provide public information on the number of such services in existence, their activities and the control measures taken by the Government.
“The Commission unequivocally condemns all acts of terrorism and all violations of international humanitarian law committed by guerrilla groups. It observes with the deepest concern that guerrilla activities continue to be directed against civilians (in particular the totally unacceptable practice of hostage-taking under the threat of death among nationals or foreigners who are neither personally involved in nor responsible for the conflict or its conduct) and attacks on infrastructure, including the bombing of pipelines, which have caused numerous deaths, great suffering amongst the civilian population and grave destruction. Gravely concerned by such recent outrages as the murder of three human rights defenders and mass abduction from an aircraft, for which guerrilla groups were responsible, it calls on the guerrilla groups to respect norms of international humanitarian law, especially to refrain from killings and all attacks on the civilian population, indiscriminate massacres, hostage-taking and the widespread use of anti-personnel landmines, and to fulfil their own pledges not to recruit children. The Commission calls on the guerrilla groups to demonstrate that they are sincere about peace and to engage in serious and direct peace negotiations with the Government, showing the same readiness for compromise the Government has demonstrated so far.
“The Commission recognizes the important legislative steps taken in Colombia, among them the ratification of the Inter-American Convention to Prevent and Punish Torture and the rules which regulate the recruitment of those under 18 to compulsory military service. The Commission recognizes that a draft law has been presented to Congress to bring forward the abolition of the regional justice system. It urges early agreement in the Congress of Colombia and effective implementation of the laws mentioned above. The Commission appeals to the Congress of Colombia to ratify the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and Their Destruction as soon as possible.
“The Commission deplores the continued existence of high rates of judicial impunity in cases of serious crimes, in particular the failure in some cases to arrive at early and effective conclusions to penal processes. It calls upon the Procurator-General to bring to trial without any delay all cases of serious allegations. It welcomes important advances made in a number of cases of gross human rights violations by the human rights unit in the Office of the Procurator-General which is investigating and indicting State agents, guerrillas and members of 'paramilitary' groups responsible for violations of human rights or international humanitarian law. At the same time, it remains concerned about the ongoing implication of State agents, as proven by the Office of the Procurator-General on numerous occasions. It calls on the Government of Colombia to continue to take steps to address this problem as a matter of urgency and to take action against the people concerned.
“The Commission expresses its profound concern over the grave situation of attacks against human rights defenders and deplores the lack of effective judicial investigations into such crimes as well as the absence of effective legal, administrative, security and financial measures to protect those social and human rights defenders who find themselves at risk. It urges the Government of Colombia to observe the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms ('Declaration on Human Rights Defenders') adopted by the General Assembly. It calls upon the Government of Colombia to consolidate its support, through all institutions of the State, of all those who promote the defence of human rights and, in particular, to implement the presidential directive on recognition of the work of human rights advocates adopted in 1997 and other measures taken by the Government to improve this situation and to protect organizations of human rights defenders effectively. It encourages the authorities in Colombia to establish a permanent dialogue with non-governmental organizations, social and Church organizations with a view to enhance the protection of human rights defenders.
“The Commission calls upon the Government of Colombia to give the highest priority to developing concrete measures to integrate human rights education into the curricula of schools and universities throughout the country.
“The Commission notes with great concern the effects of violence on the indigenous population and calls upon the Government of Colombia to take effective steps for the improvement of their legal and physical protection.
“The Commission requests the High Commissioner for Human Rights to submit to it at its next session a detailed report on the activities of the Office, containing an analysis by the Office in Bogotá of the situation of human rights in Colombia, in accordance with the provisions of the agreement between the Government of Colombia and the Office of the United Nations High Commissioner for Human Rights on the operation of the permanent Office in Bogotá.”
16 April 1999