PRESS
RELEASE
No. 33/01
INTER-AMERICAN
COMMISSION ON HUMAN RIGHTS CONCLUDES 1.
Today, the Inter-American Commission on Human Rights (IACHR) concluded
its on-site visit to the Republic of Colombia. The visit, conducted at
the invitation of President Andrés
Pastrana’s administration, lasted
from December 7 to 13, 2001. Its purpose was to observe the human
rights situation in that country. 2.
The IACHR is a principal organ of the Organization of American
States (OAS), with a mandate to promote the observance of human rights
in the Hemisphere. Its powers are derived from the American Convention
on Human Rights and the Charter of the OAS, both of which Colombia has
ratified. The Commission is composed of seven members elected in their
individual capacity by the OAS General Assembly. The IACHR delegation
for this, its fourth visit to Colombia, was composed of its President,
Dean Claudio Grossman; its First Vice President, Dr. Juan E. Méndez;
its Second Vice President, Ms. Marta Altolaguirre; and commissioners
Professor Robert K. Goldman, Professor Hélio Bicudo, Dr. Peter
Laurie, and Dr. Julio Prado Vallejo. The Executive Secretary and
Special Rapporteur for Freedom of Expression, Ambassador Santiago A.
Canton, and attorneys Verónica Gómez, Mario López, and Ignacio
Alvarez also participated in the visit. Administrative support was
provided by Mrs. Gabriela Hageman, Mrs. Gloria Hansen, and Mrs. Gloria Molina. The
delegation was also accompanied by attorney Débora Benchoam and Miss
Victoria Amato from the Office of the Special Rapporteur for Freedom
of Expression in the Americas. 3.
During the visit, the Commission met with officials from the
three branches of government, including the President of Colombia,
Andrés Pastrana Arango.*
It also met with nongovernmental human rights organizations,*
*
church representatives, political leaders, journalists and media
representatives, representatives of campesino, ethnic, and women’s
associations, trade unionists, and other civil society representatives
at the national and local levels. The IACHR maintained contact with
international organizations, such as the U.N. High Commissioner for
Human Rights, the UNHCR, and the International Committee of the Red
Cross. It also received
information and testimony on the situation in all regions of the
country and particularly in Cundinamarca, Antioquia, Magdalena Medio,
Arauca, Valle, Cauca, Putumayo, Nariño, Tolima, and Catatumbo. The
full Commission met with presidential candidates Luis Eduardo Garzón,
Horacio Serpa Uribe, and Alvaro Uribe Vélez.
A complete list of the meetings held by the Commission appears
at the end of this press release. 4.
The Commission would like to underscore the willingness of
President Pastrana’s administration to work with the Commission,
which in many cases has helped to save lives and has promoted the
legitimacy of the values of the rule of law. Specifically, that
willingness is reflected in programs to protect human rights
defenders, trade unionists, and journalists and the promotion of
justice administration efforts. 5.
In the framework of the existing cooperation with the
government and with a view to helping to pursue greater protection for
the fundamental rights of Colombian citizens, the Commission, based on
the functions and powers assigned to it under Article 41 of the
American Convention on Human Rights, releases its preliminary
observations compiled before and during the visit. The final
conclusions and recommendations will be incorporated into a report on
the human rights situation in Colombia, which will be transmitted to
the Colombian State for consideration and published in early 2002. 6.
To adequately analyze the current situation in Colombia, it is
necessary to take into account the dynamics of the armed conflict and
the phenomenon of widespread violence, in a context in which, for
various reasons, the State’s presence in certain areas of the
national territory is weak or even nonexistent. Moreover, the strong
ties between armed actors and drug trafficking further complicate this
landscape. 7.
The IACHR acknowledges the efforts of the Colombian government
and civil society to institute a peace process. In the Commission’s
extensive experience in the Hemisphere, peace processes make a
significant contribution to reducing human rights violations. The
Commission supports the efforts to achieve peace in Colombia.
Nonetheless, it must express its disappointment with the slow progress
made in a process that began over three years ago. The Commission
reiterates its willingness to help achieve peace in the framework of
its powers and repeats its desire for the Colombian people to enjoy
peace, security, and justice in the future. Finally, the IACHR would
like to underscore the importance to the peace process of the
“Recommendations of the Committee of Notables for the Panel for
Dialogue and Negotiation” as an essential instrument for promoting
dialogue and resolving the conflict affecting the Colombian people. 8.
The Commission received information and observed the situation
of the civilian population that is a victim of the violence generated
by the actors involved in the domestic armed conflict in Colombia. The
Commission received testimony from displaced persons and communities
from most departments in the country that paints a picture of
deplorable acts of violence aimed at terrorizing the civilian
population. Those acts, which entail massacres, executions,
mutilation, kidnappings, and threats, are directed at peasant men and
women, social and political leaders, trade unionists, educators, human
rights defenders, and journalists and dramatically affect the most
vulnerable sectors of the population, including Black communities,
indigenous communities, women, and children. As a result of these
actions, in several regions of the country entire populations feel
abandoned, given the State’s failure or inability to protect its
citizens from violence. 9.
The Commission
observes that many acts of violence against the civilian population
are attributable to armed dissident groups; such acts include
massacres, indiscriminate and selective summary executions, hostage
taking, kidnappings for ransom, indiscriminate use of antipersonnel
mines, and recruitment of minor boys and girls. Over nearly 40 years
of violent activity, these armed groups (which include the FARC and
ELN) have irrevocably cost numerous human lives and significantly
impaired Colombia’s social, economic, and political development.
Peaceful participation in the country’s political life, through its
democratic institutions, is the only mechanism that can allow for the
peaceful, equitable, and sustainable development of Colombian society.
The Commission deplores the serious violations of international
humanitarian law perpetrated by armed dissident groups in Colombia,
including kidnapping as a customary means of intimidation for economic
or other purposes. 10.
The Commission is
very concerned about the paramilitary violence reflected in the
commission of massacres, selective murders, extortion, and mass
displacement for military, economic, or “social cleansing”
purposes. The seriousness of the development of paramilitary activity
in Colombia cannot be overstated. In fact, it has introduced an
element into the conflict and into society that resorts to the
extermination of its opponents as a valid way of conducting politics.
In addition, the Commission has received numerous complaints regarding
the link between paramilitary and criminal activities. The IACHR notes
with concern that paramilitary activity is gaining greater social
acceptance in Colombia. Firm, resolute action by democratic sectors is
needed to counter increased social support for this scourge. 11.
The Commission notes that the government has taken certain
measures against paramilitary groups leading to the capture and
prosecution of some of their members. However, numerous testimonies
collected by the IACHR show, on the one hand, that the paramilitary
phenomenon continues to grow and, on the other, that indications of
very serious cooperation by State agents with those groups persist.
The Commission notes in particular the weakness of investigations into
illicit ties between paramilitary groups and agents of the security
forces. The Commission values President Pastrana’s call to uniformed
personnel to “choose between the uniform of the motherland and that
of infamy” and hopes for strict compliance with that appeal. 12.
The Commission received information on hundreds of thousands of
persons displaced as a result of the violence sponsored by armed
groups. This very grave situation forces numerous persons and families
—in many cases headed by women—to move throughout the national
territory and towards the main cities, where they are added to the
ranks of those affected by existing high employment rates. The IACHR
recognizes and appreciates the State’s efforts to mitigate the
impact of this phenomenon through actions in bodies such as the Social
Solidarity Network. Nonetheless, the testimonies collected during the
visit show current mechanisms to be insufficient and ineffective in
alleviating the direct consequences of leaving one’s place of
origin, victims’ deep sense of uprootedness, and the impact on their
minor children, many of whose education and future development
possibilities are cut short. The situation is especially serious for
particularly vulnerable groups, such as indigenous and Black
communities, that are forced to abandon their ancestral territory. The
Commission also confirmed the occurrence of selective displacements,
primarily of educators and trade unionists who have received death
threats and are forced to move to other regions, but do not receive
any State assistance to compensate for their loss of employment or to
continue to pursue their life plan. 13.
The Commission has found that armed dissident groups have
children under 18 years of age in their ranks. In some cases, the
security forces use minors in auxiliary services, which could lead to
abuses and to their possible involvement in the armed struggle. 14.
The Commission feels that the existing impunity for serious
violations of human rights and international humanitarian law
contributes significantly to the perpetuation of violence.
Investigating, prosecuting, and punishing the guilty parties is key to
eradicating violence. The IACHR supports the work of officials in
protection agencies, including the Office of the Human Rights
Ombudsman, the Office of the Attorney General, and the National Human
Rights Unit, in which a considerable number of proceedings on serious
human rights violations are based. The Commission expressed its
concern with the lack of judicial proceedings for many acts of
violence against the civilian population, as well as the slow progress
or standstill of investigations. Although there are statistics on
cases in which security measures regarding lawless groups have been
issued, seldom have they led to the corresponding individuals being
caught. In this regard, the Commission is surprised by the ease with
which self-confessed perpetrators of serious crimes against humanity
with outstanding arrest warrants move about the national territory and
even feel free to grant the media interviews. 15.
The member states of the Organization of American States, the
IACHR, and other intergovernmental agencies have categorically
supported the work of persons, groups, and organizations devoted to
promoting and protecting human rights and are very concerned by the
threats, naming in the media, harassment, assault, murder, and forced
disappearance of human rights defenders in Colombia. The Commission
feels that attacks on human rights defenders have a grave multiplier
effect on human rights violations in the entire population. In 2001,
13 human rights defenders were murdered. When the voice of the persons
who denounce murders, torture, kidnappings, and disappearances is
suppressed, society as a whole is harmed by the environment of
violence and impunity, whose greatest accomplice is silence. The
Commission stressed that its concern for human rights defenders is
reflected in the numerous proceedings for precautionary measures that
it has opened to protect and follow up on the situation of certain
defenders and organizations, as well as its visit to Barrancabermeja,
where the delegation visited the headquarters of the Organización
Femenina Popular and CREDHOS. 16.
The Commission is concerned with the provisions of Law 648 on
national security and defense recently adopted by the Congress as
regards the obligations undertaken under the American Convention on
Human Rights. The IACHR observes that, if implemented, this standard
will undermine the principle of judicial independence and the
separation of powers and will support the primacy of military
authorities over civilian authorities. The Commission emphasizes its
conviction that States have the right and duty to take the necessary
steps to fight agents who produce violence that threatens their
populations. However, those strengthened measures should fall in the
context of the rule of law and in the parameters established in the
American Convention, which are appropriate frameworks for obtaining
the security to which the population legitimately aspires. The IACHR
considers that the enforcement of standards infused with the national
security doctrine is incompatible with that framework. 17.
Freedom of expression is essential for building democracy and
achieving peace. The information received on the murder and assault of
and threats against journalists is extremely worrisome. The Commission
received information on the existence of a strategy among armed
groups, particularly paramilitary groups, aimed at silencing
investigative journalists through murder, intimidation, or forced
displacement. More journalists have been killed in Colombia in
exercising their functions in recent years than in any other country
in the region, and the impunity of those crimes helps to perpetuate
the violence. Along these same lines, the Commission expresses its
concern with the grave situation of educators, members of the
university community, and trade unionists. The Commission has received
multiple complaints of violations of rights enshrined in the American
Convention on Human Rights and the Convention of Belém do Pará
regarding attacks on the life and personal safety of women. 18.
The IACHR had the opportunity to visit the facilities at the
National Model Prison to check on compliance with the protective
measures it had issued. The threats made by paramilitary inmates
against political prisoners in that penitentiary materialized in an
attack last July with a high toll of deaths and injuries, even though
the Commission’s precautionary measures were still in effect. The
Commission values the appointment of a new director and hopes that he
is given the appropriate means to fulfill his functions. In its visit
to the prison, the IACHR did not find full compliance with the
precautionary measures. The Government agreed to begin to build a
separating partition by December 31, 2001 to prevent additional acts
of violence. The Commission will continue to closely follow security
conditions in the jail and compliance with the precautionary measures.
Finally, the Commission found that ordinary prisoners live in
overcrowded conditions inconsistent with international standards. Many
detainees are lodged in the corridors and tunnels of certain sectors
of the prison. 19.
In the next few months, Colombian citizens will express their
democratic will by going to the polls to elect their future leaders.
The IACHR hopes that the electoral process will be carried out in a
peaceful environment involving the exchange of ideas between political
leaders and the Colombian people, with full respect for their
different opinions. The IACHR will pay special attention to complaints
involving intimidation of candidates, their parties, and voters. The
presidential candidates reflect a broad spectrum of political opinion
in Colombia. It is essential for Colombian democracy that those
participating in the democratic political system be effectively
protected, to fully comply with the right to participate in politics
established in Article 23 of the American Convention. 20.
Finally, given the foregoing analysis, the Commission feels
that the observance of fundamental human rights has been seriously
impaired in Colombia. Despite the efforts made both in- and outside of
the government, the situation has gradually deteriorated since its
previous visit in December 1997; this is related in part to the
failure to fully comply with the recommendations made by the IACHR on
that occasion. The Commission would like to stress that the serious
violations of human rights and international humanitarian law that
have been and continue to be committed by different actors in the
armed conflict constitute crimes under international jurisdiction that
are not subject to limitations or amnesty. 21.
The Commission appreciates the cooperation and arrangements
provided by the Government of President Pastrana, other State
authorities, and nongovernmental organizations and civil society
institutions in the preparations for and execution of this visit. Bogotá,
December 13, 2001
* In Bogotá, the Commission met with the President of the Republic, Dr. Andrés Pastrana Arango; the Minister of Foreign Affairs, Dr. Guillermo Fernández de Soto; the Minister of Defense and Vice President, Dr. Gustavo Bell Lemus; the Minister of the Interior, Dr. Arnoldo Estrada Villa; the Minister of Labor and Social Security, Mr. Angelino Garzón; the High Commissioner for Peace, Dr. Camilo Gómez; and the director of the Presidential Program on Human Rights and DIH, Dr. Reinaldo Botero. The Commission also met with the Attorney General and Prosecutor General of the Nation, Dr. Edgardo Maya; the Ombudsman, Dr. Eduardo Cifuentes; judges from the Constitutional Court and the Superior Council of the Judiciary; and the Senate and Lower House’s first constitutional committees (Comisiones Primeras Constitucionales). The Commission also met with the commander of the three branches of the armed forces; the director of the National Police; and other officials with those security forces; the Inspector General of the Police; the Superior Military Tribunal coordinator and judges; and the director of the Model Prison. The IACHR delegation that visited Medellín met with the Governor of Antioquia, officials with the Special Prosecutor’s Office in that city; and the commander of the local police and the Fourth Army Brigade. In Barrancabermeja, it met with the commander of the local police and the commander of the Fifth Army Brigade, among other high-level officials. ** In Bogotá, the IACHR met with: the Colombian Commission of Jurists, José Alvear Restrepo Lawyer’s Collective, Humanidad Vigente, Sembrar Corporation, Inter-congregational Commission for Justice and Peace, MINGA, Committee for Solidarity with Political Prisoners, Human Rights Committee of Caldas, NOMADESC, SEMBRAR, REINICIAR, ASPU, Human Rights Committee of the Universidad Nacional, CUT, CGTD, ASONAL, CTC, USO, CODEES, CNC, Agrarian Coordinating Committee, National Coordinating Committee for Displaced Persons, ANDESCOL, Regional Committee of Indigenous Persons of Caldas, CRIDEC, ONIC, AFRODES, Association of Campesinos of Arauca (ACA), Region of Catatumbo, Cauca, Costa Atlántica, Multiethnic People’s Movement, Nariño-Putumayo region, ASOPEMA, representatives of the Coyaima, Natagaima, and Ortega communities, and Fundación País Libre. In Medellín, the IACHR met with the Interdisciplinary Group for Human Rights (GIDH), People’s Training Institute (IPC), CODESEL, ASFADDES, Freedom Legal Corporation, Indigenous Organization of Antioquia (OIA), Corporación Región, National Union School, Teachers’ Association, Association of Universidad de Antioquia Professors, Vamos Mujer, Ruta Pacífica, and Women Who Believe. In Barrancabermeja, the Commission met with the OFP, CREDHOS, and the Worker’s Forum for Peace. The Commission also met with numerous individuals who presented information or shared their views on the human rights situation in Colombia. |