ANNUAL REPORT 2009

CHAPTER V

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

C.               The need to protect and legitimize the work of defenders of
women’s rights

101.          In its 2006 Report, the Commission recommended to the State that it legitimize and effectively protect the work of organizations involved in the protection of women’s rights and ensure that they play an active role in formulating the programs and services intended to protect women and their rights (Recommendations 58-61).  The Commission has also reminded the State of the need to provide mechanisms to protect and guarantee the safety of victims, witnesses, and human rights defenders in the investigation and trial of those seeking benefits under the Justice and Peace Law.[220] 

102.          The Commission regards Judgment T-496, delivered by the Constitutional Court of Colombia in 2008, as a step forward in protecting and legitimizing the work that women’s organizations are doing against the backdrop of the armed conflict[221].  This ruling protects the rights to life, to security, to liberty, to physical integrity and to access to justice of a number of women engaged in the defense of human rights.  It ordered the Ministry of the Interior and Justice and the Office of the Attorney General to conduct an assessment of the dangers that the defenders of women’s rights face and to take measures to protect them properly.[222]  The Court held that “the strategy for protecting victims and witnesses in proceedings conducted under the Justice and Peace Law flagrantly disregards multiple essential obligations that the Colombian State has under the Constitution and international law, particularly as regards prevention of discrimination and violence against women, and most especially women victims of the armed conflict.”[223]

103.          The Court held that the State’s program for victim and witness protection made no provision for gender or other factors (such as age, ethnic background, health, and so), which are determinative in preventing the violence against women derived from the armed conflict.  It also wrote that because of their gender, women who defend women’s human rights “are exposed to specific risks and are uniquely vulnerable in many aspects of their lives in the context of the armed conflict.  In their complaint they demonstrated that they are surviving victims of acts of violence that have placed severe and unexpected material and psychological burdens on them.”[224]  The Court therefore ordered the authorities to do a thorough review of the Victim and Witness Protection Program established by the Justice and Peace Law in order to make it more effective and bring it in line with international standards of human rights.

104.          Nevertheless, the Commission continues to receive complaints to the effect that the response to the Court ruling has not been sufficient to guarantee the rights to security and protection in the case of women victims and women defenders of human rights.  Various civil society organizations have reported that the threats, harassment and murders of victims and women human rights defenders have not abated at all; quite the contrary, they have gotten worse.[225]  Furthermore, the Office of the United Nations High Commissioner for Human Rights in Colombia (OHCHR Colombia) documented a significant number of attacks in 2008 against human rights defenders and trade union members, principally in Antioquia, Arauca, Bogotá, Nariño, Putumayo and Valle del Cauca. [226] The attacks “involved murders, as well as damage to property, break-ins, theft of information and threats, and the worrying practice by some senior Government officials of publicly stigmatizing human rights defenders and trade union members, as biased and sympathetic to guerrilla groups.”[227]

105.          The Commission is, therefore, concerned at the fact that women victims of violence and their defenders are no safer today, and in some cases are in even greater danger.  According to the reports from civil society organizations, threats have intensified against the women who are both victims and leaders and who are among the women protected by the Constitutional Court’s ruling.[228]  Reportedly, “of the 13 women protected by the Court’s ruling, 4 have received death threats, which have forced them to move elsewhere and have necessitated heightened measures of protection.”[229]  It has also been reported that in 2009, threats have continued against some women’s organizations and human rights organizations that counsel and legally represent women victims of sexual violence in the context of the armed conflict. Specifically, the directors, leadership and other members of the Liga de Mujeres Desplazadas [League of Displaced Women] and the  Alianza Iniciativa de Mujeres Colombianas por la Paz [Colombian Women’s Pro-Peace Initiative] have been systematically persecuted.[230]

106.          The Commission has also learned that the demobilization process has increased the risks to which women leaders and human rights defenders are exposed.[231]  The testimonies underscore the control to which women community leaders are subjected because of the information networks that have been introduced since ilegal armed groups such as the Black Eagles (“Aguilas Negras”) or emerging armed groups moved in and settled in the very same areas where the displaced women are located.  According to Corporación Sisma Mujer, the women are saying that the fact that they are leaders “makes us much more vulnerable, subject to greater scrutiny because we are leaders, but also threatened because we are the most active.”[232]  However, without effective measures of protection by the State, these women leaders have to devise their own strategies for security, one of which is to move away or “keep a low profile”.[233]  The Commission is also disturbed by the fact that some of the demobilized are rearming and continue to control the areas where the paramilitaries operate, thereby compromising the participation of victims and human rights defenders in the proceedings conducted under the Justice and Peace Law.[234]  The Commission has received information to the effect that victims of sexual violence who have filed complaints with the Attorney General’s Office “have withdrawn their complaints because of threats received from the perpetrators, who are generally demobilized elements of the Héroes de los Montes de María who have returned to a life of crime.”[235]

107.          Apart from the complaints that actors in the armed conflict are engaging in obstruction of justice, the Commission is alarmed by the assassinations of human rights defenders and community leaders also blamed on actors in the armed conflict.  Specifically, in 2007, complaints were filed in connection with the assassinations of Yolanda Izquierdo Berrío (January 31, 2007), Carmen Cecilia Santana Romana (February 7, 2007), Martha Cecilia Obando Ramos (June 29, 2007), Osiris Jacqueline Amaya Beltrán (March 14, 2007) and Judith Vergara Correa (April 23, 2007), all prominent human rights defenders.[236] The Commission is already on record as having denounced these assassinations.[237]  The Commission also denounced the August 31, 2009 assassination in Cartagena of Jair Pantoja Berrío, a young man 20 years old and the son of Dorís Berrío, the historic leader of the Liga de Mujeres Desplazadas [League of Displaced Women].[238] Jair was one of the founders of the “Youth League” of the League of Displaced Women.  Its mission is to draw attention to the rights of displaced youth.[239]

108.          This series of assassinations shows how fragile the system for protecting victims and witnesses is; but it also increases women’s mistrust of State institutions.  In the case of the assassination of Yolanda Izquierdo, an observation is made in the Tenth Report of the Secretary General to the Permanent Council on the Mission to Support the Peace Process in Colombia to the effect that the assassination “intensified their fears and showed that victims have no assurances of being able to participate actively in the process or claiming their rights. This had immediate negative repercussions since it intensified their fears and showed the limited capacity of the government to offer protection in certain areas.”[240]

109.          The Commission therefore considers that the State has failed to adequately and effectively guarantee protection to women victims and women who defend human rights.  The following are among the weaknesses in the Victim and Witness Protection Program: technical problems with the equipment used for protection, such as cell phones and “Avantel” alarm devices; the increased danger created by the police patrols; the fact that the risks are regarded as “routine”; bureaucratic procedures that delay the implementation of the measures, and inadequate psychosocial counseling.[241] Women believe, therefore, that the protective measures provided are inadequate and “expose not only the limitations attributable to the severity of the problem but also the lack of any sensitivity to the real plight of the very persons whom these measures are supposed to protect.”[242]

110.          The State has informed that Comission that in compliance with Law 975 of 2005, the Decree 3570 of 2007 was adopted.  The Decree created the Program to Protect Victims and Witnesses, which has as its goal “to safeguard life, integrity, liberty and the security of the population that faces a risk or security situation as a direct consequence of its participation as a victim or witness within the Justice and Peace Process.”  The State as well informs of the Protocol to Protect Victims and Witnesses in the framework of Law 975 of 2005, which was “elaborated jointly by the entities that conform the Technical Group of Risk Assessment and approved by the Interinstitutional Committee of Justice and the Peace”, and “outlines the procedure for the attention of persons that request inclusion to the program according to what is ordered in Decree 3570 of 2007, clarifying that the criteria are not different than those contained in the Decree that regulates the program and are mandatory by the Technical Groups to Assess Risk.”[243]  

            VI.       PERSPECTIVES ON TRUTH, JUSTICE AND REPARATION

111.          In its 2006 Report, the Commission wrote that “for Colombian women truth, justice and reparations are indispensable prerequisites for any negotiation process destined to resolve the Colombian armed conflict.”[244] It therefore recommended that the State adopt, under the legal framework governing negotiations with the illegal armed groups, measures to guarantee the rights of women who have been victims of violence and discrimination, to truth, justice and reparations; that it create spaces for victims to be actively involved in and influence the ways in which their rights to truth, justice and reparations are fulfilled and protected by the State; and that it ensure that the legal framework and the demobilization programs are compatible with the international principles and norms about the rights of victims to truth, justice and reparation and, as such, address the specific needs of women.  (Recommendations 62 to 65)

112.          In its Report of 2006, the Commission made several comments regarding the application of “the principle of opportunity” in the investigation of cases of violence against women.[245] In July 9 of 2009, Law 1312 of 2009 was issued and established that the principle of opportunity applied, amongst others, to

[…]someone demobilized from an irregular armed group who, under the terms of the laws and regulations currently in force, has demonstrated, by means of unequivocal behavior, his intention to rejoin society, provided the National Government has not named him as a candidate for the benefits and procedures established under Law 975 of 2005 and provided he is not being investigated for crimes committed prior to or subsequent to his demobilization, the exception being membership in the criminal organization.  For purpose of this law, this includes the unlawful use of uniforms and insignia and the unlawful possession of arms and ammunition.

[…]

For the application of this provision, the person demobilized has to sign a declaration under a serious oath that affirms there has been no commision of a crime different to the ones established in this provision, at the risk of loosing the benefits provided in this article according to the Criminal Code if otherwise.

113.          The Commission has expressed its concerns regarding the ambiguity of the provisions of the Law since it is doubtful regarding the investigation and sanction of crimes committed by demovilized persons and, consequently, could become a tool for impunity.[246]  The State for its part highlights that Article 2 of Law 1312 of 2009, regulates the principle of opportunity expressly and considers “clear that with the application of the principle of opportunity the objective is not to leave in impunity serious crimes related to international humanitarian law, crimes against humanity, crimes against war or genocide.” [247]

114.          In this context, the Commission reaffirms that the possible application of the principle of opportunity to demovilized elements that have participated or have knowledge of crimes of sexual violence produces obstacles for women to access justice since it hinders the clarification of facts, the investigation and sanction of the perpetrators and produces a risk for the cases to remain unpunished.[248]

115.          The Commission recognizes as an advancement the enactment of Decree 3570 of 2007, which created the Victim and Witness Protection and Assistance Program to protect the lives, integrity, liberty and security of those who are threatened or endangered because they are victims or witnesses in the proceedings conducted under the Justice and Peace Law, does represent progress.[249]  Under this program measures and mechanisms have been introduced to identify risk, including the preparation and updating of risk maps and protection measures for victims and witnesses.[250]  The protection measures introduced under the Program include municipal prevention mechanisms handled by the National Police, and individual assistance mechanisms when the risks are extreme or extraordinary.  In such cases the assistance begins with food, medical care and housing assistance; the risks are assessed and additional protection measures are taken (soft self-protection measures, mobile setups and relocation).[251]

116.          But these measures have not been sufficient to ensure that women victims and witnesses are properly protected.  According to information supplied by civil society organizations,[252] the Justice and Peace Units of the Public Prosecutor’s Office require that women who apply for protection under the program first prove that they are victims, which delays any protection that the State might eventually provide; the units are dubious about the risk or dangers that the women report; they do not properly document and organize the information that the women provide, with the result that there are duplicated records, while others are lost or in some way altered; bureaucratic requirements cause delays in bringing the dangers to the attention of the National Police (like the standardized form for reporting the facts).  It is also said that criteria used in applying assistance measures related to food, hygiene, housing and transportation are not gender sensitive, nor are the criteria used to assess risk and implement protective measures.[253]

117.          The Commission is also concerned at the fact that the protective measures established under the Justice and Peace Law and the Victim and Witness Protection Program created by that law, are not adequate to ensure the right to justice in the case of women victims of violence in the armed conflict.  The Commission has learned that “in the judicial proceedings conducted against the perpetrators, the victims’ access to justice and the truth has been littered with obstacles […] especially in regard to the right to non-repetition, as criminal acts and violence continue to be committed against the victims.”[254]  The reports received from civil society organizations recount how the paramilitaries’ version of the facts in their voluntary depositions “does not take into account those cases in which women were victims of domestic slavery, forced to provide services or help of any kind to paramilitary groups (washing clothes, preparing foods, giving them shelter, etc.), and the judges and prosecutors disregard crimes of this type.”[255]

118.          Furthermore, the State reported that one of the strategies of the National Reparation and Reconciliation Commission (CNRR) created under Law 975 of 2005 to protect the rights that persons victimized by outlaw groups have to the truth, justice and reparation has been to prioritize assistance to victims at greatest risk, which includes women.[256] The Commission applauds the efforts the State has made to that end, such as the CNRR’s preparation of a manual for dealing with sexual and gender violence as a tool to sensitize state institutions to these issues and train their staff, and a booklet on preventing gender violence that examines the question of sexual violence in the context of the armed conflict.[257]  The Commission also welcomes the following measures taken by the CNRR in 2007: release of a documentary and radio series that featured chapters on women victims and their rights to justice and reparations; preparation of a booklet classifying cases of gender and sexual violence, in which 46 cases were documented; and training sessions on gender issues conducted for the prosecutors attached to the Justice and Peace Units.[258]

119.          Regarding the CNRR, the State claims that “it is an entity created to guarantee the rights to truth, justice and reparation of the victims of the armed conflict, especially the victims of the groups demobilized.  Therefore, it does not correspond to the CNRR judicial competences; however, the CNRR is concerned about adequately addressing the cases that specially affect women, with a particular emphasis in the violation of their sexual and reproductive rights.”   The State observes as well that “the CNRR has documented cases of sexual violence and trained its public officials of other institutions.  Regarding this issue, it has also recommended in reiterated occasions, as well as control organisms, the adequate investigation, as well as the probative assessment, and the form that the interrogatories are performed in this topic (questions and cross-examination)”[259], among other actions”.  Finally, the State highlights that the
CNRR has launched initiatives that link women pertaining to ethnic, Afro-Colombian and indigenous groups, “as well as their work with traditional authorities in the training regarding the Law of Justice and Peace and the right to truth, justice and reparation.”[260]

120.          However, the Commission observes that the State’s measures have not been sufficient to ensure that women victims of sexual violence will get justice in proceedings conducted under the Justice and Peace Law.[261] According to Corporación Sisma Mujer, “In the application of Law 975 of 2005, the chances of obtaining justice in cases of sexual violence have been seriously diminished by a number of factors, among them the failure to investigate these crimes, the denial of the facts, the latitude allowed in defense of paramilitarism, the difficulty that victims have in participating in the proceedings, and the extraditions.”[262]  The Office of the United Nations High Commissioner for Human Rights in Colombia has also said that: “Crimes of sexual violence in the context of the armed conflict remain characterized by a high level of impunity. For example, in the context of the “voluntary depositions” of the Justice and Peace Law, 15 cases of sexual violence have been mentioned, of which only four have been confessed.”[263]  The Commission has no knowledge of effective measures being implemented by the State to investigate and punish cases of sexual violence that the Office of the High Commissioner itself brought to the government’s attention. 

121.          The Commission considers that fostering spaces of participation to enable victims to be actively involved in the proceedings conducted under the Justice and Peace Law is a challenge that must be met if their rights to justice, the truth and reparations are to be respected and ensured (Recommendation 63).  The Commission observes that obstacles prevail for the participation of victims in the Peace and Justice process.[264] Specifically, the Commission has received information that the Program of Witness and Victims does not guarantee the right to information and to the legal advisory services that victims require in order to actively participate in the proceedings.[265]  The information received points out that: “Although 80% of the victims in justice and peace proceedings are women, many of them are from rural areas with resources amounting to less than the minimum legal wage.  They know nothing about the legal proceedings being conducted in the country against paramilitaries and have no legal advisory services from the Colombian State.”[266] It has also been established that the Public Prosecutor’s Office does not provide “these women with clear reports that they can understand and that can steer them as to how the proceedings will go and supply them with the information provided by the parties applying for the benefits of the Justice and Peace Law.”[267]  As a result, these women have no way of knowing how the case is progressing, the avenues to pursue for legal counsel, and their rights to reparations[268].

122.          Discriminatory socio-cultural patterns obstruct women’s exercise of their rights to the truth, to justice and to reparation.  According to scholarly studies, “women are afraid of being re-victimized in the justice systems, because the judicial proceedings and the agents of the justice system operate on the basis of patriarchal codes that cause bias.”[269]  Prosecutors and the judges presiding over the voluntary deposition hearings do not object when deponents make statements based on biased gender stereotypes that are demeaning to the victims’ dignity.  Assailants accuse women victims of violence of being “women with dubious pasts” or of “having ties to terrorism or not being good citizens.”[270]

123.          The Commission continues to receive complaints to the effect that in the vast majority of the voluntary depositions given by candidates applying for the benefits of the Justice and Peace Law, the Prosecution refrains from interrogating them about acts of sexual violence; if it does have knowledge of these facts “it doesn’t investigate, or even expose the practice.””[271]  Civil society organizations have reported that although there has been some questioning about sexual violence, “[i]n the voluntary deposition hearings, there is no questioning or interrogation that would require the accused to elaborate upon his version of the facts.”[272]  The Commission is also troubled by the fact that the voluntary deposition hearings the privacy of the victims of sexual violence is not preserved. Therefore, the re-victimization and stigmatization of women victims prevails in the process of Justice and Peace. According to the reports received from civil society organizations, “in some voluntary deposition hearings, the victims [of sexual violence] have been forced to face their assailants and even their families and communities, where the hearings are being broadcast live.  This is what happened in the case of the voluntary deposition hearing held in October 2008 in the case of Marco Tulio Guzmán, alias “El Oso”, a demobilized member of the Montes de Maria Block of the A.C.C.U.”[273]  The Commission is therefore reiterating its recommendation to the State that it should guarantee due diligence in the investigation, prosecution, punishment and prevention of cases of sexual violence against women in the context of the armed conflict (Recommendation 48).

124.          The Commission also observes that the State has not taken sufficient steps to ensure that the laws and programs on demobilization are compatible with international law and the rights of victims to the truth, justice and reparation (Recommendation 64).  Women victims of violence carry enormous procedural burdens, especially in criminal cases prosecuted against the demobilized actors.  In these cases, women have to “follow relatively rigid procedural rules and the evidentiary burdens are particularly complex.”[274]  For example, it has been established that if the confessions made by those giving voluntary depositions are incomplete, imprecise or false, it is the women who have to prove that; the Prosecution’s Justice and Peace Unit, which is in charge of directing the voluntary deposition hearings, does nothing in those hearings to inquire into the violence committed against the women.[275] It has also been said that the current Justice and Peace laws have no mechanisms by which to provide women with proper psychosocial counseling.[276]  The Commission is also troubled by the “glaring absence of measures to avoid reprisals against victims who turn to the courts, the failure to investigate the source of the dangers and the extent to which they are somehow related to the judicial process; and the failure to guarantee the continuity of the victims’ participation in these proceedings and the actual realization of their right to justice.”[277]

125.          The Commission also makes note of the issuance of Decree 1290 of 2008 which creates a government-run program of individual reparations for victims of illegal armed groups.  The Commission recognizes the measures established in that decree to fulfill the right of reparation that victims of the armed conflict have.  Those measures include: the creation of a reparations fund for victims;  State compensation in cases of forced disappearance, torture, crimes against personal integrity and sexual freedom, recruitment of minors and forced displacement; restoring the victim to his or her situation prior to the commission of the crime; rehabilitation in cases of physical and psychological trauma; measures of satisfaction (public acknowledgements and tributes to the victims) and guarantees of non-repetition of the criminal behaviors.[278] However, as the Commission has already noted, the administrative program of reparations  of Decree 1290 of 2008 only applies to victims of demobilized armed groups and it is mainly sustained in a plan of indemnizations with fixed parameters measured in minimum salaries.[279]

126.          Similarly, the Commission expresses its concern regarding the exclusion of victims of violations committed by State agents from the administrative program of reparations established in Decree 1290/08. Thus, women victims of violence and discrimination committed by State actors are also excluded.  Hence, the Office of the United Nations High Commissioner for Human Rights in Colombia observed that “[t]he Decree […] does not apply to victims of State agents and therefore requires other mechanisms to provide benefits to all victims without discrimination.”[280] So, the Commission is concerned at the fact that this decree is applied on a discriminatory basis.

127.          In this sense, the Commission noted the existence of a bill known as “The Statute of Victims” which purpose was to realize the rights of victims of the armed conflict to integral reparation, and that finally was not approved by the Senate in 2009. Taking into account the absence of legislative measures, the Commission reaffirms that the policy of reparation should guarantee the right of the victims to an integral reparation for the damage caused by illegal armed forces as well as by the actions or omissions of state actors, based on measures of restitution, indemnization, rehabilitation and satisfaction. [281] Hence, this policy should be guided by the principal of integrality and accompanied by the commitment of social solidarity of the society to the victims of the armed conflict, through mechanisms of consultation, follow-up and evaluation to achieve stability and sustentability through time.[282]

128.          On the other hand, the Commission is also troubled by the fact that the differential approach is not applied to the State’s compensation and the situation of Afro-Colombian and indigenous women is not taken into account.  The Committee on the Elimination of Racial Discrimination expressed regret at the fact that insufficient information is available on how this right has been implemented in relation to Afro-Colombian and indigenous victims and therefore recommended that their situation be taken into account and that special attention be paid to women and girls.[283]

129.          Likewise, the Commission observes that the State has not implemented the measures necessary for just and adequate reparations to the women victims of sexual violence perpetrated by actors in the armed conflict.  According to Corporación Sisma Mujer, “there are no mechanisms that guarantee victims full and effective reparations proportional to the severity of the violation suffered because compensation is the only form of reparation included.”[284]  It is also troubling that there are no judicial mechanisms for ensuring payment of compensatory damages and no guarantees of non-repetition.  Therefore, the Commission is reiterating its recommendations that juridical measures be undertaken to guarantee the right of women victims of violence and discrimination to truth, justice and reparation (Recommendation 62).

  VII.     CONCLUSIONS

130.          The Commission is grateful to the State for its cooperation in the follow-up process and takes note of its assertions concerning compliance with the recommendations set out in the 2006 Report.  From the information supplied by the State and by various other sources in connection with the violence and discrimination that women suffer in the context of Colombia’s armed conflict, the Commission recognizes that since October 2006 the State has made significant progress in adopting laws and public policies conducive to improving the State’s response and the public services provided to women affected by the violence and discrimination. The Commission also notes that landmark court rulings were delivered in the period from 2006 to 2009 that were vital for protecting the human rights of women, especially women displaced by the armed conflict.  The Government of Colombia in its observations to this to this report “its firm commitment with the protection, guarantee and exercise of the human rights of all of its citizens that live in its national territory, particularly related to the rights of women and with the achievement of gender equality, which is evidenced through the different State actions, efforts and institutions that act within the framework of the Constitution, respecting the rule of law.”[285] 

131.          However, the Commission is deeply concerned by the fact that all actors in the conflict continue to engage in multiple forms of violence against women.  It is especially troubled by the incidence of sexual violence in the armed conflict.  The physical, psychological and sexual forms of violence perpetrated by the Armed Forces and the police, demobilized combatants, and outlaw groups continue to control the physical persons and lives of women.  Indigenous and Afro-Colombian women and girls are the main victims of this brand of violence.  However, they are also the women who encounter the greatest obstacles in getting justice, with the result that these crimes go unpunished.  Thus, designing and implementing a comprehensive, coordinated and adequately resourced strategy to guarantee effective investigation, prosecution, punishment and reparation of these crimes remains a challenge.

132.          In its 2006 Report, the Commission recommended to the State that it strengthen public services and humanitarian assistance for displaced women, as they represented approximately half of the displaced population.  The Commission welcomes the positive measures undertaken by the State since October 2006 to address the needs of the displaced.  However, the information received from State and non-State agents alike shows that women continue to face specific, gender-related risks caused by the forced displacement.   The principal risks include sexual violence, changes in family household, and dispossession of their lands, which also have differentiated consequences on their lives.  The Commission is therefore reiterating its recommendations to the State to ensure that public policies and State programs address the specific needs and rights of displaced women, especially displaced indigenous and Afro-Colombian women.  The Commission also urges the State to comply with and effectively carry out Judgment T-025 of 2004, delivered by the Constitutional Court of Colombia and the orders that Court issued in furtherance of that judgment (Orders 092 and 237 of 2008).

133.          Although funding for public policies, programs and institutions to address the needs of victims of violence and discrimination has increased, the Commission is concerned that the public institutions involved here have neither the institutional capacity nor the human and economic resources they need to protect the rights of women affected by the armed conflict.  The Commission notes further that there are no mechanisms for coordinating the various programs and public policies intended to protect the rights of victims, witnesses and human rights defenders. The State must also guarantee that women and the organizations that represent them will play an active role in designing and implementing the programs to protect these women.

134.          The Commission again underscores the work done by human rights defenders and women’s organizations in their struggle against the adversity and violence caused by the armed conflict.    The organizing experiences of Colombian women and their ability to influence State policies is a key factor in continuing to ensure respect for the human rights of Colombian women.  However, based on the information forthcoming from a variety of sources, the Commission feels compelled to communicate its concern over the constant risks and threats that women’s organizations and defenders of women’s human rights encounter because of the work they do and as victims of and witnesses to the violence caused by the armed conflict.  Therefore, the Commission is reaffirming its recommendations to the State that it should effectively protect and legitimize the work of the organizations and defenders of women’s human rights.

135.          The fact that State programs are being implemented to protect and make reparation to victims of and witnesses to violence committed by actors in the armed conflict under the Justice and Peace Law represents progress.  However, the Commission is concerned that obstacles still stand in the way of the realization of women’s right to the truth, justice and reparation.  The Justice and Peace Law and the victim and witness protection programs have not guaranteed effective access to justice and protection to women victims of violence perpetrated by actors in the conflict, especially in the case of victims of sexual violence.  Then, too, discriminatory socio-cultural attitudes toward women among those in the justice system have the effect of re-victimizing women, making them reluctant to file complaints and participate in court proceedings.  Therefore, the Commission is again calling upon the State to adopt a policy, with sufficient human and financial resources to provide comprehensive and differentiated services during these cases to women victims of the internal conflict.

136.           Finally, the Commission would like to draw attention to the legislative, judicial and public policy measures adopted since 2006 to deal with the differentiated impact of the armed conflict on women.  These measures demonstrate a commitment on the part of the State and non-State sectors alike, to consider the specific needs of women when designing and adopting a comprehensive State policy to prevent, punish and eradicate acts of violence and discrimination against women in the context of the armed conflict.  As it has in the past, the Commission is reasserting its commitment to cooperating with the State in implementing solutions to overcome the severe violence and discrimination that persists and undermines the rights of Colombian women.

VIII.    RECOMMENDATIONS

Based on the observations and information set forth in this report, the Commission would remind the State of Colombia of the need to deploy efforts to comply with the recommendations made in the report on Violence and Discrimination against Women in the Armed Conflict in Colombia (2006), which are listed below, and to keep up the work thus far achieved.[286]  With respect to the following recommendations, the State considers important that the IACHR promotes its continuous advancement “in the implementation of those measures that are praised, to strengthen and improve them, which would mark a positive path in the commitment of Colombia regarding this theme”[287].

 General recommendations

1.       To adopt an integral State policy to address the specific impact of the armed conflict on women in the areas of justice, health and education, among others.  These policies should be guided by the logic of protecting the rights of women and should tend to guarantee their autonomy.  

2.       To implement and strengthen measures to comply with the duty to act with due diligence to prevent, sanction and eradicate violence and discrimination against women, exacerbated by the armed conflict, including concrete efforts to fulfill its four obligations: prevention, investigation, sanction and reparation of the human rights violations of women.

3.                  To implement measures to eradicate discriminatory socio-cultural patterns based on sex, race, and ethnic background, and to take these differences and conditions of vulnerability into account in the development of public policies to mitigate the pernicious effect of the armed conflict on Colombian women. 

4.                  To publicly recognize that the different manifestations of gender-based violence and discrimination are closely related to the human rights and humanitarian crisis that Colombia is facing, that they are serious violations of international and national law, and that it is necessary to assign adequate State resources to achieve their prevention, eradication and sanction. 

5.                  To duly apply the recommendations previously issued by the Inter-American Commission on Human Rights, and United Nations follow-up mechanisms, such as the United Nations Rapporteurs, the United Nations Committee on the Elimination of Discrimination against Women, the Committee Against Torture, the Human Rights Committee, and the High Commissioner for Human Rights.

Specific recommendations

Legislation, public policies, State institutions and programs

6.                  To adequately enforce the national legislation and the existing public policies designed to protect women from acts of violence and discrimination and their consequences in civil, political, economic, social and health matters, and to allocate sufficient resources to make this enforcement effective at the national and local level.

7.       To incorporate the voices and specific needs of women affected by the armed conflict and the organizations representing them in the design of legislation and public policies geared toward ameliorating the impact of the consequences of the armed conflict on them.

8.       To adopt and amend existing legislation in order to ensure compliance with decisions and recommendations by supra-national bodies designed to protect the rights of women within the internal armed conflict.

9.                  To implement dissemination measures and campaigns for the general public regarding the duty to respect the civil, political, economic, social, cultural, sexual and reproductive rights of women; the available services and resources for women who have experienced violations of their rights; and the judicial consequences for perpetrators.

10.              To identify and institutionalize new forms of capacity-building for public servants in all sectors (justice, security, health and education) with an integral approach that addresses the right of women to live free from violence and discrimination, and to respect their physical and psychological well-being when they receive public services.

11.              To identify and create indicators and inter-institutional monitoring systems on the implementation of legislation and policies destined to mitigate the impact of the armed conflict on Colombian women. 

12.              To create coordination and communication mechanisms among national and local programs and services for women who are victims of violence and discrimination aggravated by the armed conflict. These mechanisms must favor coordination among all programs at the national level and among programs implemented on the national and local levels.

13.              To strengthen and institutionalize the work of the Presidential Office on Gender Equality as the coordinating entity for public policies for women, with adequate financial and human resources.

14.              To implement a greater number of State resources allocated to entities responsible for providing services and implementing programs to mitigate the effects of the armed conflict on women.

15.              To implement measures to address the violence and discrimination suffered by women in zones occupied by the actors of the armed conflict. 

16.              To set up inter-institutional teams to determine the exact dimension of the problem and identify comprehensive strategies to address it in these zones.

17.              To create spaces where inter-institutional dialogue and greater collaboration can occur to mitigate the effects of the armed conflict on women.

18.              To design public policies in the area of citizen protection which incorporate the specific needs of women.

19.              To adopt the steps required to complete the ratification and implementation of the Protocol of the Convention on the Elimination of All Forms of Discrimination against Women.

Assessment and Prevention

20.              To create and improve statistical and qualitative information systems and records on incidents of violence and discrimination against women.  

21.              To create mechanisms to achieve uniformity among these information systems.

22.              To implement measures in order for these information systems to adequately reflect the national and local situation, including incidents of violence and discrimination taking place in zones occupied by the actors of the armed conflict. 

23.              To adopt measures in order for these and future programs to disaggregate information by sex, age, race, ethnic group among other factors.

24.              To maintain reliable and updated statistics including the armed actors as possible aggressors.

25.              To incorporate problems such as sexual violence, already reflected in existing official statistics, in the design of public policies destined to mitigate the effects of the armed conflict on women.

26.              To promote that the information collected by State entities about incidents of violence and discrimination is processed with a gender perspective. 

27.              To launch the design of a single questionnaire to collect information about incidents of violence and discrimination that can be used by all sectors – government, administration of justice, health, international agencies, the academic sector and civil society – among others, and to promote pilot experiences to evaluate its effectiveness. 

Public Services for Displaced Women

28.              To design and implement a policy including positive actions to recognize and make effective the rights of women in terms of an integral and multidisciplinary attention and support in the areas of health, justice, education and economy of the displaced women, that adequately address their needs in the short and long-term. 

29.              To address in public policies and State programs, the specific needs of displaced women and their civil, political, economic, social and cultural rights.  Especially, to adopt measures to guarantee the protection of their sexual and reproductive rights. 

30.              To effectively implement the principles included in the Sentence of the Constitutional Court T-025 in regards to the participation of women in the formulation of public policies and the adoption of an adequate level of protection of the civil, political, economic, social and cultural rights of displaced women heads of household, in the short and long-term.  Furthermore, to adopt the necessary measures to give participation to organizations of women in the periodic follow-up of this Sentence.

31.              To design impact indicators to measure the effectiveness and scope of State support measures and services to mitigate the impact of forced displacement on women of different races, ethnic backgrounds and ages.

32.              To strengthen official statistics collection systems on the displaced population and to disaggregate information by race, ethnicity, and sex, among other conditions of vulnerability.

33.              To create the conditions and eliminate bureaucratic, inefficient obstacles in order to facilitate the access of displaced women to the registry and the national health system. To create effective safety measures so that women can register and obtain health-care services.

34.              To adopt measures to ensure that State entities, particularly those providing services to displaced women, respect and protect their rights and health needs, including those within the sphere of reproductive health, and adequate services and information are granted.

35.              In the sphere of access to education, to grant school spaces and offer technical training programs for women and girl children who are displaced so that they can have more opportunities to re-establish themselves socio-economically after the displacement. 

36.              To develop training programs so that indigenous and Afro-Colombian women can offer psycho-social support to displacement victims belonging to their same race and ethnic groups.

Afro-Colombian and Indigenous Women

37.              To design and adopt policies taking into account the specific needs of indigenous and Afro-Colombian women within the armed conflict in regard to health, education, justice and livelihoods.  National policies designed to promote the rights of all women must consider the specific needs of indigenous and Afro-Colombian women and have an integral vision of how to address important issues such as health, education, and justice.  National policies geared toward improving the situation of indigenous and Afro-Colombian groups must also include the specific needs of women.

38.              To reinforce the social investment in indigenous and Afro-Colombian women in the justice, health and education sectors to mitigate the effects of the armed conflict and to render effective the rights of displaced women and heads of household.    

39.              To adopt measures and dissemination campaigns targeting indigenous and Afro-Colombian communities, the State and society at large, regarding the problems that these women confront, especially displaced women, in order to generate action commitments to solve them and achieve complete respect for their human rights.

40.              To develop initiatives to collect information, statistics, research and studies reflecting the specific situation of indigenous and Afro-Colombian women that will provide the foundation to develop public policies geared toward prevention, punishment and eradication of acts of violence and discrimination perpetrated against them.

41.              To design and adopt culturally relevant policies, with the participation of indigenous and Afro-Colombian women, to protect displaced women from these groups.

42.              To design and adopt policies, with the participation of indigenous and Afro-Colombian women, considering respect for their culture, with the purpose of ameliorating the effects of the armed conflict.  In particular, to carry out actions to reduce the negative effects in terms of health, education, and justice caused by the armed conflict.

43.              To create mechanisms and spaces to strengthen the leadership, organization and citizen participation of indigenous and Afro-Colombian women in order to incorporate their role and voice in decision-making, according to their own culture and traditions.

44.              To achieve the full respect of the rights of indigenous women to live free from violence, discrimination and the forced displacement worsened by the armed conflict, it is essential for the State to respect and protect effectively the ancestral lands of their peoples, from both military and economic interests.

45.              To design and implement policies to promote and protect the human rights of indigenous women, including special directives for the armed forces and the National Police in order to facilitate the respect of their right to live free from sexual violence and other forms of discrimination.

Administration of Justice

46.              To design an integral, coordinated State policy, supported by adequate public resources, to guarantee that victims of violence and discrimination adequately access justice and that acts of violence are adequately investigated, sanctioned and repaired.

47.              To adopt the necessary measures to prevent, sanction and eradicate acts of rape, sexual abuse and other forms of violence, torture and inhumane treatment by all combatants in the armed conflict.

48.              To ensure that due diligence is exercised to guarantee that gender-based violence cases are promptly, completely and impartially investigated, those responsible are adequately punished and victims receive reparations.  

49.              To strengthen the institutional capacity to confront the pattern of impunity for cases of violence against women through effective criminal investigations, with consistent judicial follow-up, in order to guarantee adequate sanction and reparations.

50.              To implement measures to reinforce the resources and capacity for investigation processes, in order for violations of human rights with gender-specific causes and their consequences to be investigated and sanctioned according to their gravity.

51.              To increase access to legal representation free of charge for victims of violence and discrimination against women.

52.              To prepare and disseminate information to ensure that victims of violence and discrimination against women know their rights within the judicial system.

53.              To gather and systematize decisions by regional and international bodies designed to protect the rights of women and to make this information accessible to public officials at the national and local level.

54.              To adopt effective guarantees to facilitate that victims denounce acts of violence, such as the adoption of effective measures to protect those filing complaints, survivors and witnesses.

55.              To adopt immediate measures to guarantee effective training in women’s rights for officials responsible for processing crimes, administering justice and supervising the actions of public officials, in order for them to adequately apply national and international norms to bring sexual crimes to justice.

56.              To create conditions so that the INML continues training and increasing the awareness of judicial authorities who handle cases of different types of violence so they can adequately and thoroughly evaluate all available evidence in resolving cases of sexual violence, including the legal-medical examination, physical and psychological findings, and laboratory tests, among others.  It is important to encourage the multi-disciplinary investigation of such crimes.

Civic and political participation

57.              To apply United Nations Security Council Resolution 1325 (2000) on Women, Peace and Security, which requires women to be involved in the decision-making in order to resolve Colombia’s armed conflict and mitigate its consequences. The Colombian State should take this Resolution as a guideline and ensure the right of women to participate in all levels of decision-making related to the conflict and its consequences in their daily lives.

58.              To legitimize and effectively protect the work of women’s human rights defenders and their organizations throughout the national territory.

59.              To continue implementing measures to increase the participation of women in the country’s social, political and economic life, nationally and locally.

60.              To ensure that organizations defending the human rights of women and their members actively participate in formulating programs, services and instruments destined to protect them.

61.              To create spaces for coordination and collaboration between non-governmental organizations and State agencies entrusted with providing  services to victims of violence.

Truth, justice and reparations

62.              To adopt, under the legal framework governing negotiations with the illegal armed groups, measures to guarantee the rights of women who have been victims of violence and discrimination, to truth, justice and reparations. The State must take particular account of the measures set forth by the Convention of Belém do Pará, United Nations Security Council Resolution 1325 and the Rome Statute.    

63.              The State should create spaces for victims to be actively involved in and influence the ways in which their rights to truth, justice and reparations are fulfilled and protected by the State.  The enforcement of these rights should reflect the perspective and specific needs of victims and granted in a non- discriminatory fashion.

64.              To ensure that the legal framework and the demobilization programs are compatible with the international principles and norms about the rights of victims to truth, justice and reparation and, as such, address the specific needs of women. 

65.              To guarantee that women directly affected by the conflict and its consequences are incorporated in the decision-making bodies working towards the resolution of the causes and consequences of the conflict.