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Commission on Human Rights
58th Session
Geneva, 18 April 2002




Statement by Mary Robinson,
United Nations High Commissioner for Human Rights

Introducing her report on the situation
on human rights in Colombia

(E/CN.4/2002/17)





Mr. Chairman,
Distinguished members of the Commission,
Excellencies,
Ladies and Gentlemen;


I have the honour to present to the Commission on Human Rights my fifth report on the human rights situation in Colombia and the activities of our Office in the country. My report is submitted in the context of the Chairman’s Statement to the 57th Session of the Commission on Human Rights, which called on my Office to submit an analytical report on the human rights situation in the country.

Having made two visits to Colombia as High Commissioner I take a strong personal interest in the serious human rights situation there, and in the committed work carried out by my Office.

In order to facilitate dialogue with the Government, my Office transmitted to the authorities a confidential mid-year report on the situation of human rights in Colombia. This permitted the discussion of the recommendations and proposals of the Office and the assumption of a series of commitments by the State, which will be evaluated in next year’s report. I would also like to underline particularly the important steps taken by institutions such as the Office of the Ombudsmen and the Constitutional Court in the protection of human rights.

I am pleased to inform the Commission that the mandate of my Office has been extended until April 2003 by an exchange of letters between my Office and the Government of Colombia. The same letters allowed us to open our two new sub-offices in Cali and Medellin. I very much welcome this extension and the support shown by national and regional authorities for the opening of the sub offices.

During the year, my Office redoubled its efforts to attend to the human rights concerns of Colombians, ensure its presence in the different regions of the country, advise civil society, and raise awareness about human rights and international humanitarian law. In performing its functions, my Office received 1414 complaints and carried out 164 field visits. The Office also continues to provide legal advice and participated in numerous seminars and workshops. In the area of technical cooperation, the Office trained 70 prosecutors, 380 municipal personeros, and 55 advisers from the Office of the Public Defender.

Mr. Chairman,

Let me now turn to the general situation in Colombia. Against a background of the renewed international focus on terrorism as well as the forthcoming presidential elections in Colombia, the main challenge in Colombia may be defined as the future of the rule of law. The rule of law is in grave jeopardy as a result of the continuing armed conflict, the escalation of violence, the application of the Law on National Security, the lack of a proper administration of justice and the burgeoning paramilitary threat.

While I acknowledge the efforts undertaken in the peace talks by the Colombian Government and civil society, I continue to be deeply concerned about the deteriorating human rights situation, as well as the recurrent and grave breaches of international humanitarian law. Violations of the right to life, the right to personal integrity, the right to liberty and security of the person and due process, have continued unabated over the past year.

Many of the violations take place in the context of the continued armed conflict in Colombia. The recent discontinuation of the peace talks between the Government and the FARC guerrillas and the consequent escalation of the armed conflict are disappointing. My report analyses the evolution of the armed conflict within the context of these developments. In this respect, I have urged and will continue to urge all parties to the conflict to adopt a comprehensive agreement to uphold human rights and international humanitarian law. It is unfortunate that as of today, the parties have not responded.

The report refers to the actions of guerrilla groups, pointing out that violence is increasing and directed particularly against the civilian population. It also underlines the fact that the attacks perpetrated against civilian property and infrastructure damage the State’s capacity to guarantee respect for human rights, including economic social and cultural rights through the provision of basic services.

I am deeply concerned about the lack of results in addressing human rights protection including the lack of effective follow-up to international recommendations. My Office has observed first hand the weakening capacity of the State and its institutions to address human rights concerns. On the one hand, as the armed conflict is prolonged and expanded, the State has been increasingly absent in numerous regions of the country, aggravating problems of legitimacy, governance, and respect for the rule of law. On the other hand, the Government is strengthening the military to the detriment of civil institutions. This is reflected in the adoption and implementation of the Security and National Defense Law, particularly in what have become known as “theatres of operation” and in the context of anti-terrorism strategies. The result is the subordination of the civilian authority to the military, the undermining of the rule of law and the violation of human rights. Let me welcome here the recent ruling of Colombia’s Constitutional Court declaring this Law unconstitutional on the ground that it violates international human rights norms that Colombia is required to uphold.

The report registers the constant expansion and consolidation of paramilitary groups, who are amongst the main violators of human rights, and notes their persistent links with public servants and security forces. This compromises the State and demonstrates its weaknesses in effectively combating this phenomenon. Last year the Statement of the Chairman of the Commission on Human Rights contained specific recommendations addressed to the Government on the paramlitary challenge. However little has changed in that regard.

In the same vein, I am deeply disturbed by paramilitary claims that a significant number of those recently elected to Parliament represent paramilitary groups. Even more worrying is the fact that an important segment of society now views paramilitarism as a legitimate option and certain political candidates appear to condone paramilitaries activities as demonstrated by the proposal presented by one of the main candidates, to arm one million civilians. The international community must repudiate any attempt to draw the civilian population into the conflict or any other expression of support for violence.

The OHCHR report also documents cases of recent kidnappings of members of Congress, elected members of municipal authorities and other politicians, including a presidential candidate. I also deplore the more recent attack on another presidential candidate. These acts completely undermine democracy and the free exercise of political rights. The report reiterates concerns that I have expressed before over the administration of justice and impunity. This most serious problem is exemplified by the recent change of institutional policy in the Fiscalía General de la Nación (General Prosecutor’s Office), which has resulted in the undermining of the independence of its investigators when they have pursued cases that involve alleged human rights violations committed by State agents. The situation of persons deprived of their liberty is also an area of particular concern.

You will see clearly from the report that I continue to be concerned by the worsening scale and complexity of forced displacement in the country, as well as the critical situation of human rights defenders, union leaders, journalists and academics and the lack of effectiveness of remedies that might prevent violations and protect victims. I am also concerned about the situation of women and children as well as vulnerable groups, such as indigenous and afro-Colombian communities. In this regard, I would like to draw the attention of the Commission to the recommendations contained in the reports of the Special Rapporteur on Violence against Women and the Special Representative of the Secretary-General on Human Rights Defenders, who both visited Colombia in 2001.

Mr. Chairman,

Soon, Colombians will have the opportunity to contribute to the strengthening of democracy when they elect their next President. The future Government of Colombia must adopt measures showing a serious commitment toward the respect for the rule of law and human rights, and the fight against impunity and paramilitarism and must spare no effort in seeking a negotiated settlement to the armed conflict.

I continue to believe in the importance of my Office’s presence as an effective mechanism through which the international community can collaborate with national authorities and civil society in confronting the human rights crisis in Colombia. The Government of Colombia agrees. I invite the current and the incoming Government to pursue more effectively the dialogue and cooperation with my Office so that the people of Colombia can fully benefit from its mandate. I would like to take this opportunity to thank those Governments which are contributing financially to the work of my Office in Colombia and renew my appeal to all member States to provide us with the necessary financial resources that will enable us to undertake the multiple activities that we have foreseen.

Let me reiterate, Mr. Chairman that my Office and I will remain at the disposal of the Government and people of Colombia to assist in their search for an end to violent conflict and for respect for human rights through out the country.

Thank you Mr. Chairman.


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