V.
CONCLUSIONS
95.
The
IACHR is aware, given the magnitude, duration, and complexity of the
internal armed conflict in Colombia, that there are no easy answers, and
that the search for political solutions to deactivate the factors and
groups participating in the internal armed conflict is fundamental.
This requires substantive proposals which, based on such a difficult
reality, will assist the peace process, an initiative that all very much
hope will make progress in Colombia.
96.
Despite the commitment to a
cessation of hostilities by the AUC, acts of violence against and
intimidation of the civilian population continue. Deactivating the
complex network of illegal armed groups that have joined the armed
conflict in Colombia requires putting an end to the constant succession
of acts of violence by paramilitary groups, whether or not part of the
process, and the guerrillas, against the civilian population; and
ensuring that these crimes are properly clarified in the courts. The
consequences of the violence and displacement for hundreds of thousands
of victims of the conflict and their exclusion from the process of
seeking a negotiated solution stand in the way of the search for truth
and access to justice and reparation.
97.
The
members of the paramilitary fronts involved in the process of
demobilization now being fostered by the government have been repeatedly
accused of responsibility for serious violations of human rights and
international humanitarian law, including massacres of defenseless
civilians, selective assassinations of social leaders, trade unionists,
human rights defenders, judicial officers, and journalists, among
others, acts of torture, harassment, and intimidation, and actions aimed
at forcing the displacement of entire communities. In some cases the
Inter-American Commission and the Inter-American Court have established
the responsibility of the State, as these grave violations of the
American Convention on Human Rights were perpetrated with the
acquiescence of state agents.
98.
The organs of the
inter-American system, the Office of the United Nations High
Commissioner for Human Rights, and human rights organizations in
Colombia and abroad have made statements to the effect that the process
of demobilization should be accompanied by guarantees of respect for the
international obligations of the State. For the time being, the process
has moved forward without the support of a comprehensive legal framework
that clarifies the conditions under which persons responsible for
committing human rights violations are to demobilize, or their
relationship with the peace process. No efforts have yet been
identified to establish the truth of what has happened and the degree of
official involvement in paramilitarism. In addition, the issue of
reparation for the harm caused to the victims of acts of violence and
displacement, including control over lands, does not appear to be
addressed with appropriate levels of participation. The conditions
under which the members of illegal armed groups join the demobilization
process should be closely monitored to ensure it does not become a
conduit towards impunity.
99.
In view
of the foregoing, the IACHR recommends the adoption of a comprehensive
legal framework that establishes clear conditions for the demobilization
of illegal armed groups, in accordance with the State’s international
obligations. This legal framework should provide for the situation of
those who have joined processes for individual and collective
demobilization to clarify their situation. Moreover, genuine mechanisms
of participation should be put in place, in secure conditions, for the
victims of the conflict, so as to ensure access to truth, justice, and
reparation.
100.
The
efforts at peacemaking and demobilization of armed groups should be
strengthened on the basis of legitimacy and participation, so as to
offer the beneficiaries a genuine opportunity for reintegration into
society and guarantees of protection in the face of possible violent
reprisals. This legitimacy should in turn be nurtured through a real
commitment vis-à-vis the agreements reached in light of
international standards, to end the use of violence and intimidation
against the civilian population, to submit to the law, and to provide
reparations for the victims. The development of a culture of peace,
tolerance, respect for the law, and rejection of impunity requires the
participation of all Colombians, in particular those who have directly
suffered the consequences of the conflict. It is an endeavor that must
be consolidated on the basis of truth, justice, and reparation.
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