ANNUAL REPORT 2009

CHAPTER V

FOLLOW-UP REPORT – VIOLENCE AND DISCRIMINATION AGAINST WOMEN IN THE ARMED CONFLICT IN COLOMBIA
(continuation)

V.       THE RESPONSE OF THE COLOMBIAN STATE TO THE IMPACT OF THE ARMED CONFLICT ON WOMEN

A.                 Advances in the development of a legislative and public policy framework, and State programs to protect the rights of women

44.              In the 2006 Report the Commission acknowledged the State’s efforts to adopt legislation and public policy to protect the rights of women affected by the armed conflict.[102]  However, it also expressed concern at the lack of a comprehensive State policy addressing the specific impact that the armed conflict has on women’s human rights; the State’s homogenous perspective on women as a target group of public policy and as victims of the armed conflict; and the failure to legitimize and protect the work that the defenders of women’s rights do.

45.              The Commission therefore recommended to the Colombian State that it adopt a series of measures geared toward better enforcement of existing laws and improved implementation of existing public policies designed to protect women from acts of violence and discrimination in the context of the armed conflict.  These measures include allocating sufficient resources so that these laws and public policies can be enforced and implemented nationwide and locally; undertaking initiatives to disseminate women’s human rights; building up institutional capacity with a view to training public servants in all sectors; instituting mechanisms to enable programs to coordinate; creating inter-institutional work teams; and developing indicators and monitoring systems to mitigate the armed conflict’s impact on women (Recommendations 6-19).

46.               One step in the right direction occurred on January 23, 2007 when, in furtherance of the Commission’s Recommendations (Recommendation 19), Colombia ratified the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAR).  It entered into force for Colombia that same day.  The Commission also recognizes the efforts the State has made to enact laws and public policies aimed at protecting and ensuring the human rights of the women affected by the armed conflict.  In the period from October 2006 to February 2009, the following laws were enacted to protect women’s right to live free of violence and discrimination:[103]

-                      Law 1142 of 2007, which partially amends the Penal Code (Law 599 of 2000) and the Code of Criminal Procedure (Law 600 and 906 of 2000).  The litigious nature of the crime of domestic violence was eliminated to enable investigations to move forward at the State’s own initiative, without a complaint from a civil party being required.

-                      Law 1142 of 2007, which creates the inter-institutional advisory committee for the prevention of sexual violence and for comprehensive assistance to sexually abused boys, girls, and adolescents.

-                      Law 1232 of 2008, which amends Law 82 of 1993 on Female Heads of Household and establishes the State’s obligation to provide special protection and take pro-active measures to enable female heads of household to have access to education, housing, business development and development of skills to earn income.

-                      Law 1257 of 2008 which orders measures to raise awareness of, prevent and punish forms of violence and discrimination against women, amends the penal code and the code of criminal procedure, law 294 of 1996 and other provisions.

-                      Decree 1290 of 2008, which creates a government program of reparations for the victims of illegal armed groups.

47.              These laws substantially enhance Colombia’s system of laws that recognize and protect the individual’s human rights in the face of acts of violence and discrimination.   The Commission would remind the State that under Law 1232 of 2008[104] the national government, the departments, the districts and the municipalities all have a duty to afford preferential treatment to female heads of household who have been forcibly displaced.  However, the Commission is troubled by the fact that most of these laws contain no specific provisions to guarantee the rights of women affected by the armed conflict, and is therefore reminding the State of the IACHR’s previous recommendation that it adopt and amend existing legislation, pursuant to the recommendations of national and international bodies and with a view to protecting women in the context of the armed conflict (Recommendation 8).[105]

48.              Law 1257 of 2008 establishes measures to raise awareness of and prevent and protect the rights of women victims of the violence caused by the armed conflict.  These measures include the State’s obligation to heighten the profile of State institutions in those geographic areas affected by the armed conflict; to develop programs in prevention, protection and assistance for displaced women; and to take measures to investigate and punish acts of violence that actors in the armed conflict commit against women and girls.[106]  Nevertheless, the Commission has received reports that public officials know little about the appropriation and application of this law and that its governing regulations [implementing legislation] are not yet ready.[107]  According to reports received from the Corporación Casa de la Mujer and the Ruta Pacífica de las Mujeres, most of the country’s departments have not been able to answer the organizations’ questions about the measures that Law 1257 mandates to raise awareness.[108]  Contrary to the new legislation, the issue of violence against women has not been added (or has been inadequately addressed) in the agendas of the Social Policy Councils and the Development Plans of the territorial entities, as the new law requires.[109]  The Commission would therefore remind the State of its recommendation that it adequately enforce the national legislation designed to protect women from acts of violence (Recommendation 6).

49.              Regarding Law 1257 of 2008, the State indicates that it entered into force on December of 2008 and recognizes the need to regulate some articles for their “full application”, and for that “it is adopting the necessary measures to advance an inter-institutional process coordinated and responsible to create a space for the advancement in this matter.[110]

50.              As for national policies, the Office of the Presidential Advisor for Women’s Equality (CPEM) is implementing a number of plans and programs to protect women’s right to live free of discrimination and violence.  Figuring prominently among these is the Strategic Plan for Defending Women’s Rights in the Justice System, which started in August 2008 and features a group of projects for displaced, rural and marginalized women.[111]  Another important plan is the “Comprehensive Strategy for Preventing and Eradicating All Forms of Gender Violence in Colombia and for Providing Assistance in Cases of Gender Violence,” which features measures to prevent violence against women and to assist women victims of violence.  The Strategy also implements a comprehensive model of treatment and assistance to women victims of violence in four territories of the country.[112] The Commission is also pleased that an agreement has been signed for a Project to Prevent Domestic Violence in Families with Demobilized Persons.  The project’s objectives are to prevent and address domestic violence in demobilized families or families whose members include persons who belonged to demobilized armed groups.[113]  The State as well presents information on the creation of Inter-institutional Department Roundtables to Eradicate Violence against Women which will “allow efforts for the articulation, coordination and cooperation between the competent authorities on the subject, with the goal of achieving a differential integral attention, accessible and of quality to women victims of violence and to impact the regional systems.”[114]

51.              These efforts notwithstanding, the Commission is concerned that the programs and projects that the Office of the Presidential Advisor for Women’s Equality is implementing in connection with gender violence and justice do not feature specific measures to address the violence that women suffer and that is aggravated by the armed conflict, and the needs that all such affected women have. Hence, the Commission is reiterating its recommendation that the State adopt a comprehensive State policy that addresses the specific impact that the armed conflict has on women (Recommendation 1). The Commission is still disturbed by the fact that the Office of the Presidential Advisor for Women’s Equality does not have sufficient resources to effectively coordinate the gender strategy in all sectors of government.[115]  So, it is also repeating the recommendation that the State strengthen that Office’s human and financial resources (Recommendation 13).

52.              The State also reported that it has an Early Warning System to prevent human rights violations.  The system includes a mechanism for compiling information, processing it, and producing risk reports; that mechanism is being used to take measures to protect the rights of women affected by the armed conflict.[116]  The Commission is pleased that this Early Warning System has been introduced and, according to the information provided by the State, “coordinates with other entities such as the Prosecutor’s Office, the National Commission of Reparations, the Ombudsman’s Office, local governments and private organizations to adopt urgent measures to protect.and attend the needs of displaced women and girls in zones of risk.”[117] Therefore, the Commission urges the State to strengthen its mechanisms to enable coordination and communication among the institutions charged with its implementation to protect the rights of women in the context of the armed conflict (Recommendation 12).

53.              The Commission is gratified by the campaigns the mass media has conducted to raise awareness of gender violence and sexist stereotypes. The “Women’s Rights Literacy” program has been introduced nationwide, to prevent domestic violence against women.[118]  The Commission therefore urges the State to continue its efforts to publicize women’s human rights (Recommendation 9).  The Commission also applauds the fact that the Ministry of Social Protection is conducting training programs and workshops to educate health sector personnel about gender violence. The Ministry of Defense is also providing training in and promoting women’s human rights in the armed forces.[119](Recommendation 10)  However, the Commission has little information about training and workshops that specifically address violence against women as a result of the armed conflict.[120]

54.              The IACHR observes that the State is also making efforts to promote women’s involvement in civic and political affairs through the Women’s Community Councils and the Women Coffee Workers Participation Boards, which include representatives of displaced women, Afro-Colombian women, indigenous women and female heads of household.[121]  The Commission urges the State to continue to take measures to increase women’s involvement in the country’s social, political and economic life at the national and local levels (Recommendation 59).

55.              These advances notwithstanding, the Commission observes that national policies like the Democratic Security Defense Policy (2007-2010) have not been implemented properly, in a way that would protect women from acts of violence and discrimination (Recommendation 6).  Based on the information received by a variety of sources[122], the Commission notes that the implementation of coordinated and articulated programs and public policies, with enough economic and human resources, to protect, guarantee and fulfill rights of women continues to be a challenge. Thus, the Commission is reiterating its recommendation to the State that public policies in the area of citizen protection should also address the specific needs of women affected by the armed conflict, such as the risks of experiencing sexual violence, the impact of forced displacement, the negative consequences that violence has on women’s reproductive life, and others effects (Recommendation 19). 

     B.          The State’s homogenous perspective and view of women affected by the
          armed conflict

56.              In its 2006 Report, the Commission expressed concern over the State’s homogenous perspective and view of women as a target group and beneficiary of public policy, which in practice has meant that its response to women does not factor in the particular needs of various groups of women, such as indigenous women and Afro-Colombian women.[123]  It therefore recommending that state polices be crafted and adopted to take into account the specific needs of indigenous and Afro-Colombian women within the armed conflict and that measures be adopted to ensure their rights, such as: increase social investment in the areas of justice, health and education in order to mitigate the impact of the armed conflict; strengthen their leadership; respect and protect their ancestral territories; develop projects to compile information and statistics on their unique situation, and promote their rights through dissemination campaigns (Recommendations 37 to 45).

57.              In this connection, the State reported that the Comprehensive Project to Prevent Gender-Based Violence “devotes particular attention to the various forms of violence that indigenous and Afro-Colombian women suffer.”[124]  It also said that under the Program to Support the Colombian Peace Process being conducted in partnership with the European Union, “Peace Laboratories” have been started to encourage peace initiatives and local development in some conflict areas in the country.  These “peace laboratories” have benefited women and ethnic groups.[125]  The Commission was also informed that the Embera Wera program is underway to promote the human rights of the Emberá women.  The immediate beneficiaries of this project are some 300 indigenous Emberá women.  The project’s objectives are to sensitize them to practices (like ablation) that violate their reproductive rights; to strengthen their leadership and to apprise them of their human rights, especially their right to sexual and reproductive health.[126] While the Commission applauds the implementation of these programs, it notes that current public policies do not feature specific measures to ensure the rights of indigenous and Afro-Colombian women affected by the armed conflict. It is therefore reiterating its recommendation that the State should design and adopt public policies that take account of the needs of indigenous and Afro-Colombian women (Recommendation 37).

58.              The State informed the Commission of a project titled “Indigenous Women, the Armed Conflict and the Environment in Colombia,” whose purpose is to strengthen the indigenous organizations of the Arhuaco, Wiwa, Kankuamo, Pastos, Uitoto and Ticuna peoples so that they better able to cope with the toll that the armed conflict takes on their access to and use, control and ownership of natural resources.[127]  However, the Commission is concerned that the State may not have the financial and human resources needed to actually carry out this Project or mechanisms to enable the institutions responsible for implementing the Project to coordinate and communicate among them.  It is therefore reiterating its recommendation to reinforce social investment in indigenous women in the areas of health, justice and education with a view to mitigating the effects of the armed conflict (Recommendation 38).

59.              The State also informed the Commission of the Project titled “Public policies, Afro-Colombian and Indigenous women: the challenge of mainstreaming them into local development.” The idea of the Project was to build “the operating skills of the Guambiana, Arhuaco, Wiwa, and Kankuamo indigenous women and peoples and Afro-Colombian women (Villa Rica – Cauca) so that their needs are taken into consideration in the development processes, with risk and displacement factored in.”[128]  However, from the State’s most recent report, the Commission notes that this Project was only carried out for indigenous women of the Pastos community in the municipality of Tumbal and Pastas (Nariño Department) and no specific measures were taken for women of other indigenous groups or for Afro-Colombian women affected by the armed conflict.

60.              The Commission observes that in Order 092 of 2008, the Constitutional Court of Colombia, following up Judgment T-025 of 2004 to protect the rights of displaced persons , held that displaced indigenous and Afro-Colombian women “suffer discrimination on three fronts: first because they are women; second, because they are displaced; and third, because they belong to ethnic groups.”[129]   The Court also wrote that “no government measures are in place to expose these terrible risks and vulnerabilities or to help others understand the specific role that indigenous or Afro-descendent women play in their respective communities and how forced displacement affects that role.” [130]  The Constitutional Court of Colombia therefore ordered the Director of Acción Social to design and implement the program to protect the Rights of Displaced Indigenous Women and the Program to Protect the Rights of Displaced Afro-descendent Women. [131]   Under the Court’s order, both programs were to adopt an approach that differentiated for gender and ethnic background, and within that a sub-approach that differentiated for age and disability.[132]

61.              In connection with the Program to Protect the Rights of Displaced Indigenous Women, the State reported that it is in the process of publicizing Constitutional Court Order 092 of 2008.  In partnership with the indigenous organizations, it is also in the process of identifying proposals for the program’s design.  To that end, a workshop was held in 2009 with the National Indigenous Organization of Colombia (ONIC).[133]  The State also reported that the program has a threefold strategy: prevention, protection, and assistance in connection with indigenous women’s forced displacement.[134]   As for the Program to Protect the Rights of Displaced Afro-descendent Women, the State reported that working sessions have been held with the Ministry of Environment, Housing and Development of the Territories to ensure that displaced Afro-Colombian women are given preferential access to the housing subsidies.   [135]  The Commission appreciates the State’s efforts to design the programs ordered by Colombia’s Constitutional Court, with the participation of the indigenous and Afro-Colombian women themselves (Recommendation 41).  However, the Commission notes that the State has not take sufficient steps to fully implement them, in accordance with the mandate from Colombia’s Constitutional Court.  It is therefore reiterating its recommendations that the State effectively implement Judgment T-025 of 2004 (Recommendation 30), as well as the recommendations made by the Committee on the Elimination of Racial Discrimination that the State allocate additional financial and human resources to comply with that judgment and the orders issued in furtherance of it (Order 092 of 2008 and orders 004 and 005 of 2009).[136]

62.              The Commission has also learned that the government’s public policies to address indigenous displacement do not take account of the many manifestations of violence and discrimination that the communities experience, particularly their women.  Nor do they guarantee the differentiated assistance that displaced indigenous women require.  That assistance includes, inter alia, translators and interpreters, medical treatment and guidance tailored to their cultural traditions. [137] Here, the human rights organization CODHES has observed that “the government’s current programs are products of “assistentialism” and do not take into account the needs of indigenous women.”[138]  Therefore, the Commission urges the State ‘[t]o design and adopt culturally relevant policies, with the participation of indigenous and Afro-Colombian women, to protect displaced women who are members of these groups” (Recommendation 41).

63.              The Commission also notes that the State has not adopted sufficient measures to give indigenous women access to the justice system (Recommendation 37).  The Commission has received information to the effect that the court authorities are still not according women treatment that is differentiated to take into account their age, ethnic background, disability and forced displacement.[139]   For example, the Corporación Sisma Mujer has asserted that “the court authorities do not give consideration to their vision of the cosmos, and there are no experts able to describe the particular effects that sexual violence has on indigenous women.”[140] It is disturbing that this homogenous treatment of women should result in still further episodes of discrimination that affect the right to justice.

64.              As for the Afro-Colombian women, the Commission observes that the country’s current policies continue to ignore the terrible predicament of forced displacement that these women face.  The Committee on the Elimination of Racial Discrimination (CERD) expressed its concern to the Colombian State “that women and children of Afro-Colombian and indigenous communities are particularly vulnerable among the displaced population and lack effective and differentiated assistance and protection.”  [141]  The Commission would remind the State that the national policies intended to advance the rights of all women should address the specific needs of Afro-Colombian women (Recommendation 37).

65.              According to the information supplied by civil society organizations, displaced Afro-Colombian women believe that state policies should emphasize prevention of and protection from this manifestation of violence against women [forced displacement] caused by the armed conflict.[142]   The Commission observes that protecting the rights of Afro-Colombian women displaced by the armed conflict is a challenge that has yet to be conquered, specifically when it comes to the defense of their territory, decent housing, access to and delivery of health services -especially sexual and reproductive health care, education, and protection from abuse, harassment and sexual violence. The Commission also finds that the State has not taken sufficient measures to ensure that actions to promote and strengthen leadership and political participation on the part of Afro-Colombian women in the context of the armed conflict, especially displaced women, become an integral part of public policy (Recommendation 43). 

C.       Assessment and Prevention of Violence

66.              In its 2006 Report, the Commission recommended to the State the creation and improvement of systems and records of statistics and qualitative data on incidents of violence and discrimination against women; that it standardize reporting and information systems; that it take steps to ensure that the information systems properly reflect the discrimination and violence associated with the armed conflict, both nationwide and locally; that it break down the statistical data to reflect the variables of sex, race, age, and ethnic background; that it keep reliable and current statistics; that it incorporate the problem of sexual violence into existing statistics; that it ensure that the information compiled by state agencies is processed to be gender specific; and that it promote the use of a standard form for compiling information and documenting incidents of violence and discrimination (Recommendations 20 to 27).

67.              The State reported that the Office of the Presidential Advisor for Women’s Equality (CPEM) is in the process of studying, designing and reformulating gender indicators, including gender violence, to ensure that they are up to international standards.[143]  To that end, it partnered with the National Police and the National Institute of Legal and Forensic Medicine to form an inter-institutional working group. Likewise, the State observes that through Law 1009 of 2006, the permanent creation of the Observatory of Gender Issues was approved, as a tool of the Consejería Presidencia para la Equidad de la Mujer to “investigate, document, systematize, review and raise awareness of the situation of women and gender equality in Colombia, with the objective of formulating recommendations in the realm of polices, plans, programs and norms, that contribute to close the breach of gender equality in the country.[144] The Commission appreciates the efforts that the State is making to ensure that the information compiled by state agencies is processed from a gender perspective (Recommendation 27).

68.               The Commission also applauds the 31 gender indicators developed by the Ombudsman’s Office to monitor the armed conflict and its effect on women.[145]  The indicators were developed to be built into the Ombudsman Office’s early warning system, taking into account the vulnerability, threats, and specific protection and prevention that women require in the armed conflict.[146]  The Commission is urging the State to continue to disseminate and implement these indicators.

69.              The Commission recognizes the progress made in the official statistics; since 2007, the practice of the Institute of Legal and Forensic Sciences when recording statistics on violence and homicide has been to specify the actors in the armed conflict who committed the acts (Recommendation 24).[147]  The State also reported that the Indirect Statistical Information System (SINEI) went into operation on January 1, 2009, enabling “access to data in different regions of the country, including conflict areas, thereby improving the information on victims of violence who are treated by the legal medical system.”[148] Given the progress achieved, the Commission believes it is important for the State to take steps to break down its official figures on violence and discrimination by race and ethnic background (Recommendation 23).

70.              The Commission also recognizes the efforts the State has made to record the incidence of sexual violence by preparing a form to systematically document cases of sexual violence within the context of the armed conflict.[149]  Accordingly, it urges the State to devise forms that can be used for other manifestations of violence and discrimination against women and by all sectors (Recommendation 27).  However, the Commission is troubled by the fact that the measures thus far taken have not been sufficient to solve the problem of official under-reporting and under-recording that attends investigations of sexual violence in crimes like homicide or torture, and why these crimes tend not to be investigated.[150]  According to the information supplied by civil society organizations, “public institutions do not yet have data or classification systems in place that make it possible to draw a connection between acts of sexual violence and the armed conflict and displacement.”[151]

71.              The Commission has also received information to the effect that the National Institute of Legal and Forensic Medicine, which conducts the legal medical examinations on persons who are victims of sexual violence with a view to building cases and taking those cases to trial, covers only 65% of the population.[152]  In some 68% of the 2007 murder cases where the victims were women and some 70% of those in 2008, no data were recorded about the circumstances under which the events occurred.[153] Thus, the Commission reiterates its recommendation that measures should be taken to ensure that the statistics adequately reflect the situation at the national and local levels (Recommendation 22).

72.              The Commission is of the view that establishing and enhancing the systems and records of statistics and qualitative data on incidents of violence (Recommendation 20) remains a challenge.  The civil society organizations have observed that: “Institutions that provide services to women victims of sexual violence do not have proper systems for detecting and documenting the crime, nor do they have staff trained in how to use such systems.”[154]  According to the Office of the Inspector General of the Nation, “46 percent of the territorial units said that they had not done diagnostic work in cases of domestic violence, while 50 percent claimed not to have done diagnostic work in cases of sexual violence.”[155] The Inspector General’s Office also reported that “the Secretariats of Health do not have records on treatment administered to victims of this type of violence; the inference here is that the epidemiological surveillance system for this type of violence is either dysfunctional or functioning poorly.”[156]  The Commission is therefore reiterating its recommendation that problems like sexual violence, which are already reflected in existing statistics, should be taken into consideration when devising public policies intended to mitigate the armed conflict’s effects on women (Recommendation 25).

3. Administration of Justice

73.              In its 2006 Report, the Commission recommended the following to the State as means to ensure that women have adequate access to justice: design a comprehensive, coordinated, and properly resourced State policy so that acts of violence can be duly punished and redressed; adopt the measures necessary to prevent, punish and eradicate such acts and to build up the institutions that are instrumental in administering justice to ensure that the guilty are punished; and guarantee due diligence in the investigating, prosecuting, punishing and redressing those acts of violence committed against women in the  context of the armed conflict (Recommendations 46- 56).

74.              Regarding the recommendations of the IACHR in the area of the administration of justice, the State highlights that the INMLCF is applying such recommendations in the framework of its institucional program with the goal of: “increasing awarenss to the problem of violence against women with a special focus on forced displacement and to sensitize public officials about its recognition and specialized treatment”[157].

75.              On this matter, the State reported that the Eurosocial Project on Access to Justice was launched to set up coordination and communication among institutions instrumental in preventing violence against women and providing them with comprehensive assistance.[158]  The Commission would underscore the Victims and Witness Assistance Program run by the Office of the Attorney General and the Human Rights Protection Program of the Ministry of the Interior and Justice, aimed at improving protection of victims and witnesses in criminal cases.[159]  The Commission also applauds the enhanced resourcing of the justice system and the fact that 2,166 new positions have been added to the justice sector since January 2008.[160] 

76.              The State reported that the Office of the Attorney General of the Nation had adopted the following strategies[161] to combat violence against women in the context of the armed conflict: 1) Implementation of interdisciplinary and inter-institutional models for providing comprehensive assistance to victims.  The purpose of the model is to match the institutions’ competencies with responsibilities so as to wipe out sexual violence, while using human and economic resources to maximum advantage to avoid institutional mistreatment and abuse, mainly of women, girls and teens; 2) a differentiated method of investigating cases of aggravated sexual violence committed by groups operating outside the law.  Tools have been crafted to make investigations proceed more efficiently by using the psychosocial approach in interviewing and observing suspects. 3) Workshops on the issue of sexual violence in the context of the armed conflict.  Workshops have been held for district prosecutors and investigators on strategies for investigating crimes of sexual violence committed in the context of the armed conflict.  4) Humanitarian Affairs Units have been created to investigate and punish conduct that is contemptuous of women’s dignity. 5) Technical Juridical Assessment Committees have been established, composed of district directors and prosecutors who meet monthly to identify problems with investigations and come up with procedural solutions.

77.              The Commission applauds these measures and the specific strategies undertaken by the Attorney General’s Office in investigating cases of sexual violence, such as:  establishing a record of victims of sexual violence; analyzing the juridical feasibility of reopening investigations in cases that have been closed; designation of a prosecutor to conduct the inquiries; assigning special investigations to the National Human Rights and international Humanitarian Law Unit; creating opportunities for dialogue with civil society; adopting the Guía de investigación de delitos de violencia sexual en el contexto del conflicto armado [Guide to investigate crimes of sexual violence in the context of the armed conflict], put together by the Office of the United Nations High Commissioner for Human Rights in Colombia.[162] The State informed that the General Office of the Prosecutor has also a Protocol for the prevention, protection and promotion of the rights of women victims of sexual violence in the context of the armed conflict that “brings strategies of mid and long term preventive action that allows different institutions to define routes of action to conduct the proper monitoring and follow-up, according to the particular situation of each victim, and each region.”[163]

78.              These advances notwithstanding, the Commission has received reports from a variety of sources[164] to the effect that the State does not now have a comprehensive and coordinated State policy that ensures victims of the armed conflict access to justice and restores their rights (Recommendation 46).   Because no such policy exists, “the State has made no headway in investigating recorded cases involving gender violence in the context of the armed conflict.”[165]  From the information supplied by those sources, the Commission observes that the existing programs are limited in terms of their ability to provide comprehensive and differentiated assistance to women victims of the conflict and to protect victims and witnesses. The following are among the limitations:  the lack of measures to ensure that victims and witnesses remain onboard for the duration of the judicial proceedings; the absence of the conditions needed to provide security to and protect victims and witnesses and guarantee their access to justice; and a lack of coordination between and among programs, and limitations with respect to their coverage.  These limitations have meant that victims are referred from one program to another, and in various cases have never secured real protection.  International organizations have found that the absence of a comprehensive State policy is to a large extent “because not even the women’s organisations have been able to participate in the design and formulation of these policies.”[166]  The Commission is concerned that the State has not developed the means by which to hear the voices of women and civil society organizations when crafting and implementing the programs to address gender violence, as the Commission had recommended (Recommendation 60).

79.              The Commission also notes that obstacles still make it difficult for women victims of violence and discrimination to have proper access to justice.  In its 2009 report, the Office of the United Nations High Commissioner for Human Rights wrote that: “Among the victims, women have faced the most obstacles and stigmatization in the pursuit of justice, and have suffered most severely from displacement due to fear of reprisals and threats.”[167] According to the information supplied by civil society organizations, women encounter various problems in their pursuit of justice: “problems created by the absence of rules and regulations, the lack of procedural guarantees, weak and inadequate mechanisms to ensure the safety of victims and witnesses, corruption, and fear of reprisals from paramilitary groups.”[168]  Scholarly research has uncovered other obstacles as well, such as: the persistence of the armed conflict itself, state institutions’ lack of legitimacy, socio-cultural patterns that discriminate against women, and the economic circumstances of the victims of the conflict.[169]  The obstacles associated with the traditional view of women’s place in society continue to obstruct their pursuit of justice, especially in cases of sexual violence.  That traditional view of a woman’s place in society includes the following:  the fact that women are not recognized as subjects of law; refusal to allow a complaint to be filed for fear that the family’s reputation would suffer; the notion that a woman invite the violent acts, which justifies the assailant’s conduct; reversal of the burden of proof, with the result that the authorities never investigate the facts and that the victims of the sexual violence are themselves judged and punished by society.[170]

80.              The Commission also observes that the State’s policies with respect to assisting women victims of sexual violence in the context of the armed conflict continue to be inadequate and re-victimize the women.[171]  Colombian civil society organizations have learned of cases “in which the authorities have compiled information on sexual crimes and have then gone to the communities to find the women, in order to get them to file a complaint, without considering whether they want to file a complaint, whether their families and communities are aware of the facts and whether the complaint might traumatize the victim and her nuclear family even further.”[172]  The extradition of the leaders of paramilitary groups to the United States has added a new complication that further re-victimizes the victims, “as they are now no longer able to get at even a partial version of the truth of the crimes committed.”[173] Hence, the Commission has repeteadly expressed its concern regarding the impact of the extradition of these leaders for the investigation of serious crimes perpetrated during the armed conflict and the substantial obstacles that it poses to realize the rights to justice, truth and reparation of victims.[174] Furthermore, women are still mistrustful of the justice system, especially the victims of the sexual violence perpetrated by the actors in the conflict.  According to the Corporación Sisma Mujer, “in those cases where the assaults were committed by agents of the State or paramilitary groups, women have less trust in the government protection programs; in some cases, women prefer not to file a complaint rather than confide in government institutions.”[175]

81.              The Commission also observes that the State has not fully complied with Order 092 of 2008 to protect and guarantee the rights of women victims of sexual violence.  In that ruling, the Constitutional Court recognized the gravity of the sexual violence committed in the context of the armed conflict and underscored the risks that this type of violence poses for women.[176] Given the absence of an adequate State policy to address this problem, the Court held that one of the top priorities on the government agenda of the Nation should continue to be its response to “the phenomenon of sexual violence to which Colombian women have been and are being exposed in the context of the armed conflict.”[177] The Court also referred 183 cases of sexual violence to the Attorney General’s Office for investigation and ordered that “particularly strict oversight of the investigative proceedings and of the restitution of fundamental rights”[178] be guaranteed.   Regarding the work of the Prosecutor’s Office in cases of sexual violence, the State informs that it has created “models of special investigation and integral attention to victims of sexual and intrafamily violence, through the Centers for Attention to Victims of Intrafamily Violence (CAVIF) and the Centers for the Integral Attention to Victims of Sexual Violence (CAIVAS), oriented towards the articulation of competencies through which a legal and constitutional mandate several state entities meet committed to the defense of the rights of women, children and adolescents.”[179]

82.              Based on the information supplied by civil society organizations and in the State’s reports,[180] the Commission observes that the State has not adopted a comprehensive policy on crime and has not made the problem of sexual violence one of its top priorities, contrary to what the Constitutional Court ordered.  It is disturbing that sexual violence against women, committed in the course of massacres, murders, group assaults on communities by the actors in the armed conflict, is not investigated.  According to the reports received from civil society organizations, even when the victims of sexual violence file complaints, the authorities do not investigate the crimes because “they don’t consider them important.”[181]

83.              The Commission also observes that the specialized psychosocial assistance that women victims of sexual violence receive is still deficient.  Reports are that the institutions in the justice system do not have the staff to provide the psychosocial assistance that victims need at the various stages of the criminal proceedings, and that the existing staff is not properly trained to provide psychosocial assistance.[182]  It has been established that the strategy of the Office of the Attorney General does not guarantee victims of sexual violence complete protection during the criminal proceedings.  Measures have not been taken to a) overcome the security risks that women victims of sexual violence face and that makes them reluctant or afraid to file complaints; b) provide proper counsel and adequate protection to women who file complaints; and c) improve coordination and communication between the institutions that provide protective services and the Office of the Attorney General.[183] The civil society organizations have also reported that “the Office of the Attorney General does not generally provide the victim with information on the procedure that will be followed in the case, her rights within the case, the evidence that will be compiled, and so on.”[184]  The Commission is therefore reiterating its recommendation that the State take adequate measures to ensure that women victims of violence know their rights within the justice system (Recommendation 52).

84.              The Commission continues to receive information to the effect that the lack of adequate and efficient mechanisms to ensure that women victims of sexual violence will be safe and protected is still one of the main reasons why complaints of sexual violence are not filed and the crimes go unpunished.[185]  The Working Group on Women and Armed Conflict has documented cases in which “paramilitary assailants have made their way into the offices of the programs that provide women victims with protection; these paramilitaries belonged to the very same groups that sexually victimized the women.  The protection system is thus penetrated and the women are re-victimized.”[186]  A series of weaknesses have been discovered and documented in the state’s programs to protect victims of sexual violence perpetrated by actors in the armed conflict.  These include: the delay between the application seeking protection and the actual issuance of the protective order, which gives the aggressor time to make good on his threats; the fact that the authorities frequently do little more than instruct women in how to protect themselves and police assistance is weak; members of paramilitary groups responsible for sexual assaults go to the very places where the victims are located; re-victimization of the women in the risk assessment because the risk is classified as merely routine;  persistence of patterns of gender discrimination on the part of public officials (mistrust of what the victim is saying, the notion that violence against women is normal and at most a misdemeanor).[187]   Regarding the programs of protection managed by the Human Rights Direction of the Ministry of Interior and Justice, the State claims that “nothwithstanding that access to the same should meet with minimum requirements, these are designed in a way that could activate emergency protection mechanisms when there is knowledge of an imminent risk that could violate the rights to life, integrity, and safety of the potencial beneficiaries of such measures.” [188]

85.              As for the 183 cases of sexual violence that the Constitutional Court referred to the Attorney General’s Office, the Commission is troubled by the fact that 117 cases of sexual violence were referred to district prosecution offices.[189]  The Commission observes that conducting investigations of cases of sexual violence in the very same place where the events were said to have occurred could pose risks for the women victims of the crime, since the actors in the armed conflict are still in control of the areas where the crimes were committed and have the women in those areas under their surveillance.[190]  Furthermore, the Commission has not received information indicating that the State has implemented investigative strategies to determine whether the events are a commonplace and widespread practice..  The Commission is therefore reiterating its recommendation that the State should adopt effective guarantees so that victims feel safe in reporting acts of violence, and effective protection measures for the complainants, survivors and witnesses (Recommendation 54).

86.              The Commission is also troubled by the fact that the State is still dealing with structural problems that make investigation of sexual violence and gender violence difficult.  In its most recent report, the Office of the United Nations High Commissioner for Human Rights in Colombia stated that: “In investigating these crimes, as is the case with other crimes, the Attorney General’s Office faces structural problems, including insufficient resources, weak data consolidation capacity, lack of appropriate investigative frameworks and coordination difficulties.”[191]  Finally, the Commission notes that building up the capacity of the institutions involved in the administration of justice so they undertake effective investigations to stop the pattern of impunity that attends cases of violence against women is still a challenge for the State(Recommendation 49).

D.                 Humanitarian assistance and support services for victims of forced displacement

87.              In its 2006 Report, the Commission recommended to the State that it strengthen public services to displaced women to give effect to their rights to health, access to justice, education and economic opportunity.  Among the specific measures that the Commission recommended were the following:  design and implement a policy involving positive measures; include the specific needs of displaced women in public policies and state programs;  carry out the Constitutional Court’s Ruling T-025; design indicators that can gauge the impact of forced displacement; strengthen data systems and improve the gathering of official statistics on and from the displaced population; create effective security measures so that women are able to register for and obtain health and sexual and reproductive health services; adopt positive measures to give displaced women greater access to education, and develop training programs for displaced indigenous and Afro-Colombian women (Recommendations 28-36).

88.              The Constitutional Court of Colombia issued Order 092 of 2008, to follow up on Judgment T-025 of 2004.  In that order, the Court established the minimum basic needs and the necessity of adopting a differentiated approach in the 13 programs to serve displaced women.[192]  It also held that the State has a duty to ensure that civil society organizations play a role in designing and implementing the programs.[193]  The Constitutional Court of Colombia reminded the State of that obligation in its Order 237 of 2008.[194]  The Commission recognizes the efforts the State has made to comply with the Court’s ruling, to target programs and resources to help displaced persons as they are “subjects deserving special constitutional protection” for the period 2006-2010.[195]  The Commission also applauds the fact that the policy on the displaced population figures high on the government agenda, and the fact that 880 billion from the General Budget has been earmarked to address the situation.[196]  The Commission draws attention to the fact that a Directriz de atención integral a la población desplazada con enfoque de género [Handbook to a Gender-based Approach to Comprehensive Assistance to the Displaced Population] has been developed to incorporate the differentiated approach into policies and programs in prevention and assistance for the displaced.[197]  The State reported that, following the guidelines set forth in this handbook, plans of action were crafted in 2008 and in 2009 to mitigate the impact and the risks of displacement, and training on gender and displacement was provided to public officials, women’s groups and the displaced in 2007-2008.[198] The Commission also acknowledges the enactment by the Ministry of National Defense of the Permanent Circular No. 630134, a state policy for the observance and respect of human rights of women “for the prevention of extraordinary risks of women in situation of displacement, including sexual violence.”[199]

89.              The State reported that the following measures have been taken to design and implement the 13 programs ordered by the Constitutional Court:[200]

-            Installation and start-up of the Inter-Institutional Communications Committee mandated in Order 092, under the lead of the Office of the Presidential Advisor for Women’s Equality, the Ministry of Communications and Acción Social.

-            Review of the budgetary parameters of the 13 programs specifically for displaced women, in order to determine the amount of the investment; this activity is headed by the National Planning Department, with the support of Acción Social.  

-            Conclusion of an agreement between Acción Social and the Comprehensive Program against Gender-based Violence in Colombia, for (i) putting together twelve (12) operations manuals for twelve (12) programs specifically for displaced women; (ii) five inter-institutional working groups, with women’s organizations, to agree upon and make adjustments to the operations manuals for the  twelve (12) programs; (iii) publication of 5000 copies of the operations manuals; (iv) one (1) national workshop on the application of the twelve (12) operations manuals; (v) putting together a monitoring and evaluation system which Acción Social will use to gauge and coordinate implementation of the programs specifically for displaced women; and (vi) comprehensive assessment of 157 women in Cartagena for purposes of application of the constitutional presumption of heightened vulnerability of displaced women.

-            Design of the training plan for civil servants on the differentiated approach to preventing the disproportionate impact of violence committed against displaced women.

90.              The Commission appreciates the State’s efforts to design and implement the programs ordered by the Constitutional Court.  However, it notes that time and time again the State has failed to meet the deadlines that Orders 092 and 237 of 2008 set for the adoption of a comprehensive State policy that ensures the rights of displaced women.  Furthermore, the Commission has received reports that many people, especially in rural areas of the country, are completely unaware of the rights of displaced women that the Constitutional Court upheld in Order 092 of 2008.[201]  The result is that the constitutional presumption of heightened vulnerability is not being applied, which in turn means that the extension of  emergency humanitarian assistance is not being granted in the case of a number of displaced women.  The Commission has learned that in January 2009, 276 displaced women filed a contempt motion against the director of Acción Social, demanding compliance with the extension.[202] There are also reports that the conditions being dictated to qualify for the emergency humanitarian assistance and the bureaucratic red tape to obtain it are excessive.[203] Therefore, the Commission is reiterating its recommendation to the State that it take measures to disseminate women’s human rights (Recommendation 9).

91.              Based on the information supplied by the civil society organizations,[204] the Commission considers that the lack of nationwide coverage is one of the chief problems with the SNAIPD’s initial implementation of these 13 programs, since pilot programs have been run in only certain parts of the country or only on behalf of women who have obtained individual protective orders from Colombia’s Constitutional Court.  Based on those reports, the Commission observes that questions remain as to how effective the programs will be in guaranteeing the rights of displaced women; most of the State’s proposals do not have clear objectives, timetables, budgets and performance indicators.

92.              One problem common to all the programs is an absence of concrete measures to effectively guarantee displaced women’s rights.[205]  The Working Group on Women and Armed Conflict observed the following: “Although some small measure of progress has been made, specifically in the areas of planning and institution building, concrete measures to protect displaced women’s fundamental rights still seem a long way off.”[206] For example in the case of the program on generating income, it was reported that the strategies introduced were the same strategies used in previous programs, “which have been shown to leave women in poverty.”[207]  As for the program to ensure access to land ownership and the program to ensure access to the truth, justice and reparation, measures have been identified to help avoid eviction and to restore property to its rightful owner, which will be particularly helpful to displaced women.[208]  The Commission is therefore reiterating its recommendations to effectively carry out ruling T-025 of 2004 (Recommendation 30) and the recommendations made by the Committee on the Elimination of Racial Discrimination to provide additional human and financial resources for executing the judgment and the orders issued in furtherance of it (Order 092 of 2008 and orders 004 and 005 of 2009).[209]

93.              Given the information supplied by the civil society organizations and international agencies,[210] the Commission is troubled by the fact that too little effort has been made to involve the civil society organizations and their proposals in the design and implementation of those programs, as the Constitutional Court directed in Orders 092 and 237 of 2008.  The Commission is therefore reiterating the recommendations it made to the State that it should take the measures necessary to ensure that women’s organizations are involved in the periodic follow-up on compliance with Judgment T-025  (Recommendation 30), as well as Orders 092 and 237 of 2008 following-up that Judgment; and that it should include the input of women’s organizations when designing public policy (Recommendation 7).

94.              On the other hand, the Commission recognizes the progress the State has made in undertaking positive measures for displaced women in the area of education, health, and economic livelihood (Recommendation 28) with implementation of the following public policies and programs in the period from 2006 to 2008:[211]

o        The Project to Assist the Population Affected by the Armed Conflict, carried out in coordination with UNESCO in the departments of Sucre and Chocó, to enable displaced persons to continue their basic, secondary and higher education.  Some 60% of the persons assisted between 2007 and 2008 were women.

o        The “Comprehensive Nationwide Plan of Action for the Population Displaced by Violence” carried in furtherance of judgment T-025 of 2004 for the purpose of training displaced persons for work and to provide advisory services for development of revenue-producing projects.  A total of 109,038 displaced women were trained between 2002 and July 2008.

o        The “Families in Action” Program to provide training to members of indigent families.  This program has helped displaced women who have become female heads of household.

o        The Program to prevent the disproportionate impact that violence has on women, which features, inter alia, components on sexual violence, and on how girls, teens and minors become involved in the violence of illegal armed groups.

o        Program to Assist the Displaced Population, which has taken measures in the area of health, education, family reunification, emergency humanitarian relief to protect the basic rights of 597 displaced women, 498 of whom have sought humanitarian assistance.

95.              The Commission applauds these actions taken by the State, and the measures it took to promote the sexual and reproductive rights of displaced women (Recommendation 29). It draws particular attention to the “Project to promote and monitor the sexual and reproductive rights of women victims of forced displacement, with emphasis on domestic and sexual violence,” which was implemented by the Ombudsman’s Office.[212]  This Project was conducted in the municipalities of Cali, Medellín, Pasto and Cúcuta and educated displaced women and public servants about sexual and reproductive rights.  Avenues were also cultivated to assist displaced victims of domestic and sexual violence, and indicators were developed to monitor sexual and reproductive rights within the context of the armed conflict, which have been built into the early warning system used by the Ombudsman’s Office.[213]

96.              The Commission has also learned of the issuance of Decision No. 08 of 2007 which instructed the agencies of the National Displaced Population Assistance System (SNAIPD) to take measures to show and expand application of differential actions within the public policy on assistance to the displaced population.[214]  The Commission also applauds the enactment of Law 1190 of 2008, in which 2008 was declared to be the year for promoting the rights of persons displaced by the violence; departmental and municipal authorities were urged to design and implement strategies to guarantee the rights of displaced persons and to adopt Comprehensive Plans on this subject.[215]  The law also establishes mechanisms to monitor these plans and to coordinate them with the institutions of the National Displaced Population Assistance System (SNAIPD) and encourages the private sector’s participation.

97.              However, the Commission is troubled by the fact that the strategies and programs that the SNAIPD is to follow do not prioritize assistance to and protection of the rights of displaced women.  For example, in the reports that the governors are to submit on the actions taken to assist the displaced population, they are not required to provide information on the measures taken to assist women displaced by the armed conflict (Article 4).  Projects that address the particular problems of displaced women were not a priority either (Article 6).  The Commission is therefore reiterating its recommendation that the State should adopt public policies that ensure the human rights of displaced women (Recommendation 29).

98.              From the reports prepared by international agencies and civil society organizations,[216] the Commission has learned that while the SNAIPD has cultivated the gender approach, the measures taken to prevent displacement and provide emergency humanitarian assistance do not take into account the dangers that specific types of violence like sexual violence pose and their aftermaths (unwanted pregnancies, the spread of sexually transmitted diseases, etc.), the changes in the family dynamic, the new role that women have had to undertake as head of household, being dispossessed of one’s land, and displaced women’s exposure to unrelenting violence perpetrated by the actors in the armed conflict.  Nor does it take into consideration the particular circumstances of individual women such as age, race and ethnic background.

99.              The Commission also finds that ensuring the sexual and reproductive rights of displaced women, adolescents and girls (Recommendation 29) still poses a challenge.  In 2008, the Ombudsman’s Office identified a number of reasons why, among them the following: difficulties with institutional coordination of the services to be provided to displaced women; the failure to document the services provided; the institutions charged with providing assistance and prosecuting cases of domestic and sexual violence are not documenting acts of sexual violence, forced prostitution, or sexual slavery; and the lack of gender-specific data that would show what the impact of this type of violence is.[217]  A study published by the United Nations Development Fund for Women (UNIFEM) finds that “the humanitarian agenda for addressing the displaced population has always focused on relief; it does not promote sexual and reproductive rights.”[218]

100.          The Commission also observes that conditions have not been created to enable displaced women to register for and obtain the services provided by the national health system (Recommendation 33).  The Office of the United Nations High Commissioner for Human Rights in Colombia observed that “Acción Social, the Government entity in charge of assisting IDPs [internally displaced persons], sometimes agrees to register IDPs only under pressure of legal actions (acciones de tutela). IDPs suffering this restriction of their rights are normally those who claimed to have been forcibly displaced by illegal armed groups or the counter-insurgency actions of security forces.”[219]