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VIOLENCE AND DISCRIMINATION AGAINST
WOMEN IN THE ARMED
I. INTRODUCTION
1. This report analyzes the results and main conclusions of the work of the IACHR in examining the human rights situation in Colombia and how the armed conflict affects women. As part of this work, the report reviews in particular the main results of the on-site visit undertaken by the former Special Rapporteur on the Rights of Women of the IACHR (hereinafter "Rapporteur" or "IACHR Rapporteur"), Ms. Susana Villarán, to Colombia between June 20-25, 2005. The primary objective of the visit was to assess the impact of the armed conflict on Colombian women and receive information about the legislative, policy, institutional and judicial measures taken by the State to protect the rights of women within this sociopolitical context. During her stay, the Rapporteur visited the cities of Bogotá, Valledupar and Quibdó, where she met State authorities, as well as a number of victims, relatives of victims, civil-society organizations and inter-governmental agencies related to the defense and promotion of the rights of women.
2. The report is structured in six parts, including a review of the Colombian armed conflict and its impact on women; an assessment of the manifestations of violence against women that are aggravated by this phenomenon; the particular impact of the conflict on indigenous and Afro-Colombian women; and the response of the State to these problems. The report ends with a series of conclusions and recommendations for the State.
3. The analysis and recommendations contained in this report are based first and foremost on the regional obligations regarding human rights voluntarily undertaken by the Colombian State, mainly the American Convention on Human Rights ("American Convention") and the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women ("Convention of Belém do Pará"). Pursuant to its obligations under the framework of international law, the Colombian State is obligated to exercise due diligence to prevent, punish and eradicate the violence and discrimination against women aggravated by the armed conflict, although the conflict presents structural challenges to this response.
4. The recommendations issued in the report are geared towards the design of an integral State policy that takes into account the manifestations of discrimination and violence affecting women that are aggravated by the armed conflict, intended to achieve advances in the diagnosis, prevention and response to these problems and the incorporation of women’s specific needs into the public agenda. They are also destined to motivate the State to implement measures to eradicate discriminatory socio-cultural patterns based on sex, race, and ethnicity and account for these differences in the development of public policies to mitigate the pernicious effect of the armed conflict on Colombian women throughout the national territory. The recommendations formulated herein are of a dual nature: general recommendations and recommendations by category of attention and response, covering legislation, public policies, State institutions and programs, diagnosis and prevention, public services for displaced women, administration of justice, civic and political participation, and truth, justice and reparation.
5. The draft of the report "Violence and Discrimination against Women in the Armed Conflict in Colombia" was approved by the IACHR on March 14, 2006. According to article 58 of the Rules of Procedure of the Inter-American Commission, this document was transmitted to the Colombian State on April 4, 2006, and the Colombian State was requested to provide observations it considered pertinent within a one-month period. On May 30, 2006, the Colombian State submitted its observations through note DDH/OEA 25245/1210 from the Human Rights Division of the Ministry of Foreign Affairs of the Colombian Republic, dated May 24, 2006. These observations were analyzed by the IACHR and incorporated, where pertinent, into the final version of the present report. The Commission approved the final version of the report on October 18, 2006.
6. It is important to point that the serious impact the armed conflict has on the lives of Colombian women, particularly the situations of discrimination and violence that they experience and are aggravated, has been documented by several United Nations agencies and civil society organizations internationally. On May 4, 1999, the Committee that oversees compliance with the Convention on the Elimination of All Forms of Discrimination against Women (hereinafter “CEDAW”), in the context of reviewing the progress report submitted by Colombia, expressed its concern over the widespread violence in Colombia and its impact on women, particularly on those who are displaced and heads of household, who are forced to shoulder productive and reproductive responsibilities because of their displacement.[1] Similarly, the United Nations Special Rapporteur on violence against women, its causes and consequences (hereinafter “United Nations Rapporteur”) visited the country in 2001, to investigate and evaluate the consequences of the conflict on the protection of the rights of women. Among her observations, she stated that:
The conflict reproduces and deepens discrimination between the different groups and women suffer intersectional discrimination on the basis of their gender, and their ethnic and cultural origin. Although men are most frequently the victims of summary executions and massacres, violence against women, particularly sexual violence by armed groups, has become a common practice in the context of a slowly degrading conflict and lack of respect for international humanitarian law.[2]
7. Moreover, the Office of the United Nations High Commissioner for Human Rights (hereinafter "High Commissioner for Human Rights") has closely followed the precarious situation of the most vulnerable groups in Colombia and the persistent violation of their rights, including women. In her report dated February 28, 2005, she stated the following:
The rights of women, especially women heads of household, rural, indigenous, Afro-Colombian and displaced women, continue to be affected by sexual discrimination as well as by diverse forms of gender violence…….. The security of women and girls has deteriorated as a result of the armed conflict and the use of sexual violence and social control by the illegal armed groups. [3]
8. The Special Rapporteurs of the United Nations on Racism and the Situation of Human Rights and Fundamental Freedoms of Indigenous Peoples have verified and manifested how the situation of indigenous and Afro-descendent women is especially critical, particularly in regard to the high percentage of displacement among the women from these communities.[4]
A. The on-site visit to Colombia on June of 2005
9. The Rapporteur of the IACHR conducted an on-site visit to the Republic of Colombia from June 20 through 25, 2005, with the support of the government of Finland, during which she met with high-level State authorities, as well as victims, relatives of victims, civil-society organizations and United Nations agencies involved in defending and promoting the rights of women in the cities of Bogotá, Valledupar and Quibdó. To examine the particular situation of indigenous women, the Rapporteur met with indigenous authorities and female leaders of different indigenous groups and organizations. The Rapporteur also gathered specific information about the situation of Afro-Colombian women by meeting with networks and organizations working to protect their rights.
10. The purpose of the visit of the Rapporteur of the IACHR was to investigate and obtain qualitative and quantitative information about the differentiated impact of the armed conflict on Colombian women and girls belonging to different races, ethnic groups and economic conditions, and to evaluate the response of the Colombian State through legislation, public policies and institutions to protect the rights of women in this context.
11. The IACHR has observed in the past with great concern the grave situation of violence affecting Colombian women and the duty of the Colombian State to act with due diligence in order to prevent its causes, sanction its consequences and eradicate the phenomenon.[5] Violence against women and the social discrimination promoting and validating it are serious human rights problems with negative repercussions for women and society at large. They constitute an obstacle to the recognition and enjoyment of all their human rights and threaten their physical, psychological and moral integrity.
12. Before and after the visit, the Rapporteur and the IACHR received in the context of thematic hearings celebrated in their headquarters, information from victims, non-governmental organizations and international agencies about the alarming situation of Colombian women, aggravated by the armed conflict. This information also confirmed that the phenomenon is not adequately registered, analyzed and addressed by the Colombian State. The information received was of vital importance in defining the objectives of the visit and in confirming its results.[6]
13. A variety of international organizations, including the United Nations Rapporteur and the High Commissioner for Human Rights, as well as non-governmental organizations such as Amnesty International, have also manifested and documented repeatedly that women and girls from different regions, ethnic groups and economic conditions have been victims of different forms of violence and discrimination during the internal conflict, perpetrated by all of its actors.[7]
14. The High Commissioner for Human Rights stated on 2005 that the safety of women and girls-particularly rural, indigenous, Afro-Colombian women and those organized, displaced, returned or confined-is worsened by the armed conflict, especially by the sexual violence and the social control wielded by the armed groups.[8] The Comisión Colombiana de Juristas, a Colombian non-governmental organization, has also reported that between July 1996 and June 2004, 2,110 women lost their lives in Colombia due to socio-political violence.[9] According to the observations submitted by the State to this report, the Observatory of Human Rights of the Presidency, states that between the years 2003 and 2006, 65,864 persons were homicide victims in Colombia, of which 5,395 were women.[10] The same cited source by the State indicates that 274 of the murders perpetrated against women were attributed to illegal armed forces.[11]
15. The IACHR Delegation included Susana Villarán, former Commissioner and Special Rapporteur on the Rights of Women; Elizabeth Abi-Mershed, Senior Human Rights Specialist; Verónica Gómez, Senior Human Rights Specialist; Isabel Madariaga; Senior Specialist in the Rapporteurship on the Human Rights of Indigenous Peoples; Rosa Celorio, Attorney-Adviser to the Rapporteurship on the Rights of Women; Norma Colledani, Human Rights Specialist, and Ana Cecilia Adriazola, Administrative Assistant.
16. During the stay, the IACHR met with high-level State officials, with representatives from different sectors of civil society and non-governmental organizations in Bogotá, Valledupar and Quibdó and with United Nations agencies, to assess the situation of women in different regions of the country.
17. In regard to State authorities, in Bogotá the Rapporteur met with the Vice-Ministry for Multilateral Affairs, the Presidential Advisory Office on Gender Equality (hereinafter “Presidential Advisory Office” or “Presidential Office on Gender Equality”), the Colombian Family Welfare Institute (hereinafter “ICBF”), the National Institute of Legal Medicine (hereinafter “National Institute of Legal Medicine” or “INML”), the Directorate of Ethnic Groups of the Ministry of the Interior and Justice, the Office of the Ombudsman for the Rights of Children, Women and the Family, the National Coordinator for the Attention of the Displaced Population, the Social Solidarity Network, the Office of the Procurator for Human Rights and Ethnic Affairs, the Office of the Procurator for the Minor and the Family, the Ministry of Social Protection and the units of International Affairs, Human Rights and Sexual Crimes of the Office of the Attorney General. In Valledupar, they met with the Governor of the Department of César, the Social Solidarity Network, units of the Ombudsman’s Office, the ICBF, and the Regional Office of the Attorney General. In Quibdó, they met with the Private Secretary of the Governor’s Office, the ICBF, the Social Solidarity Network and the Regional Office of the Procurator.
18. The Rapporteur also received valuable testimonies by women who have been victims of violence and relatives of women that have been murdered. She also met with civil society organizations working to promote and protect the rights of women, such as Corporación Sisma Mujer, Asociación Mujer y Madre Abriendo Caminos-AMMAC, Asomujer y Trabajo, Casa de la Mujer, Casa de la Mujer Estela Brand, Católicas por el Derecho a Decidir, Centro de Recursos Integrales para la Familia-CERFAMI, Centro Meira del Mar, Colectivo de Mujeres Pacíficas, Colectivo María María, Comité de América Latina y el Caribe para la Defensa de los Derechos de la Mujer–CLADEM (hereinafter “CLADEM”), Confluencia Nacional de Redes de Mujeres, Corporación Desarrollo Humano-Humanizar, Corporación Mujeres y Economía, Fundación Diálogo Mujer, Fundación Mavi, Fundación Mujer y Futuro, Grupo de Apoyo Pedagógico-GAP, Grupo Mujer y Sociedad, Iniciativa de Mujeres Colombianas por la Paz-IMP, Mesa Nacional de Incidencia, Liga de Mujeres Desplazadas, Liga Internacional de las Mujeres por la Paz y la Libertad-LIMPAL, Marcha Mundial de las Mujeres, Mesa de Trabajo “Mujer y Conflicto Armado”, Mesa Mujer y Economía, Mesa Nacional de Concertación, Movimiento Nacional de Mujeres Autoras Actoras de Paz, Movimiento Popular de Mujeres, Mujeres que Crean, Organización Femenina Popular–OFP (hereinafter "OFP"), Orocoma y, Oye Mujer, PROFAMILIA, Red de Educación Popular entre Mujeres-REPEM, Red de Empoderamiento de Cartagena y Bolívar, Red de Género y Comercio, Red Decide Mujer, Red Departamental de Mujeres Chocoanas, Red Mujer y Participación Política, Red Nacional de Mujeres, Red Nacional de Mujeres Afro-Colombianas, Ruta Pacífica de las Mujeres, Tawara por una Red de Mujeres Jóvenes en Bogotá, Tribunal Mujeres y DESC, Vamos Mujer, organizations and representatives of the Foro Interétnico de Solidaridad Chocó, OBAPO and la Red de Mujeres del Caribe and la Asociación Nacional de Mujeres Campesinas, Negras e Indígenas–ANMUCIC (hereinafter "ANMUCIC"), among others.
19. Furthermore, the Rapporteur met with human rights organizations such as la Alianza de Organizaciones Sociales y Afines por una Cooperación para la Paz y la Democracia en Colombia, la Coalición contra la Vinculación de Niños, Niñas y Jóvenes al Conflicto Armado en Colombia, la Conferencia Nacional Afro-Colombiana, la Coordinación Colombia-Europa-Estados Unidos-CCEEU, la Corporación Colombia Diversa, la Corporación de Apoyo a Comunidades Populares-CODACOP, la Fundación para el Desarrollo de San Andrés y Providencia-FUNDESAP, el Instituto Latinoamericano de Servicios Legales Alternativos-ILSA, Planeta Paz, Red Nacional de Iniciativas por la Paz y Contra la Guerra-REDEPAZ, Reiniciar, Comisión Intereclesial de Justicia y Paz and the Colectivo de Abogados José Alvear Restrepo.
20. Additionally, the Rapporteur met with traditional indigenous authorities of peoples in Sierra Nevada, with indigenous organizations such as the Organización Nacional Indígena de Colombia–ONIC, Confederación Indígena TAYRONA–CIT, Autoridades Indígenas de Colombia–AICO and Organización de los Pueblos Indígenas de la Amazonía Colombiana–OPIAC and with women representatives from different indigenous peoples in Colombia.
21. The Rapporteur also received valuable input from such international entities as the Inter-Agency Gender Workgroup of the United Nations System and representatives of the Resident Coordinator, the United Nations High Commissioner for Refugees–UNHCR (hereinafter "UNHCR"), the United Nations Development Program–UNDP (hereinafter "UNDP") , the High Commissioner for Human Rights, the International Organization for Migration-IOM, the United Nations Development Fund for Women–UNIFEM (hereinafter "UNIFEM"), the United Nations Office for Drug and Crime Control-UNODC, and the United Nations Population Fund–UNFPA (hereinafter "UNFPA") and the MAPP/OAS office in Colombia.
22. The Rapporteur and her team would like to express their gratitude for the cooperation and support provided by the State of Colombia and by the non-governmental organizations, civil society institutions and international agencies during the preparation of this visit. The Rapporteur wishes to express its gratitude to the administration of President Uribe for its collaboration with the information-gathering process and the goodwill shown in the search for solutions to the problems identified. For the IACHR, the commitment of the Colombian society to find viable solutions to the problems of discrimination and violence against women was evident.
23. The Rapporteur and the IACHR would also like to express their gratitude for the collaboration they received from Colombian women and their organizations. Particularly, the Rapporteur wishes to highlight the dignity, confidence and courage displayed by the victims and their families in presenting their testimonies, as well as their tenacious struggle for a lasting peace in Colombia.
B. Legal framework of the report: international norms and standards applicable to discrimination and violence against women
24. The right of women to live free from discrimination and violence has been reaffirmed and established in the regional and international human rights protection systems. International jurisprudence has established the duty of the State to act with due diligence[12] to protect human rights. This obligation entails four components: prevention, investigation, sanction and reparation of human rights violations.[13]
25. The obligations of OAS Member States in regards to human rights are derived from the OAS Charter and the American Declaration of the Rights and Duties of Man, as well as the regional human rights treaties that they have ratified. In the Americas, the binding principles of equality and non-discrimination are the core of the Inter-American human rights system and of binding instruments applicable to Colombia’s situation, such as the American Convention and the Convention of Belém do Pará. This factor, as well as the priority granted by the Commission and its Rapporteur to protect the rights of women, also reflects the importance given to this area by the Member States themselves.
26. Colombia is a State Party to the American Convention since July 31, 1973. Article 1 of the American Convention provides that States Parties are obligated to respect and guarantee all rights and freedoms recognized therein, without discrimination based on sex, among other conditions. Additionally and in accordance to the principles of non-discrimination, Article 24 recognizes the right to equal protection under the law, and Article 17 establishes that the State must guarantee an equal recognition of the rights and “an adequate balance of responsibilities” for spouses within marriage. By recognizing the fundamental rights of all persons, without distinction, this Convention protects basic rights such as the right to life, liberty and personal integrity (Articles 4, 5 and 7). Trafficking of women is expressly prohibited in Article 6 and children’s rights are subject to special protection measures under Article 19.
27. The main objectives of the regional human rights system and the efficacy principle require that these guarantees become a reality and are implemented. Consequently, when the enjoyment of any of these rights is not guaranteed de jure and de facto under their sphere of jurisdiction, the States Parties, pursuant to Article 2 of the American Convention, are committed to adopting legislative and other measures as needed to put them into practice. In addition, the American Convention requires the domestic system to provide judicial recourses that are effective and accessible to persons alleging violations of their rights protected under national law or under the Convention. When these remedies are not accessible or effective, the Inter-American system provides a second avenue through the individual petitions system.
28. The Convention of Belém do Pará is particularly relevant to this report, and the information gathered during the on-site visit of the Rapporteur. This Convention reflects a uniform concern throughout the Hemisphere of the seriousness and gravity of the problem of violence against women, its relationship with the discrimination historically suffered by women, and the need to adopt comprehensive strategies to prevent, punish and eradicate it. Among the most important principles enshrined in this Convention are the following:
- It defines violence against women as “any act or conduct, based on gender, which causes death or physical, sexual or psychological harm or suffering to women, whether in the public or the private sphere.”[14]
- It expressly recognizes the relationship between gender violence and discrimination, indicating that such violence is a reflection of historically unequal power relationships between women and men, and that women’s right to a life free of violence includes the right to be free from all forms of discrimination and to be valued and educated free of stereotyped patterns;[15]
- It establishes that violence affects women in multiple ways, impairing their exercise of other fundamental rights of a civil and political nature, as well as economic, social and cultural rights;[16]
- It provides that States Parties must act with due diligence to prevent, investigate and sanction violence against women occurring in the public and private domains, within the home or in the community, perpetrated by individuals or State agents;[17]
- It provides that States must take special account of the situation of vulnerability to violence that certain groups of women can face by reason of their race or ethnic background; their status as migrants, refugees, or displaced persons; for being pregnant or disabled; for facing unfavorable economic conditions; affected by an armed conflict; or deprived of their liberty.[18]
29. Therefore, the Inter-American system recognizes that violence against women and its root, discrimination, is a serious human rights problem with negative repercussions for women and their surrounding community, and constitutes an impediment to the recognition and enjoyment of all their human rights, including the respect of their lives and their physical, mental and moral integrity.
30. According to this precedent, the responsibility of the State to act with due diligence to prevent the infringement of women’s human rights in times of peace and conflict has a comprehensive nature.[19] The State is directly responsible for violence perpetrated by its own agents, as well as that perpetrated by individual persons. Furthermore, the State’s obligation is not limited to eliminating and punishing violence, but also includes the duty of prevention. Finally, the State has the obligation to provide special protection to women who are particularly exposed to acts of violence because they are minors, Afro-descendent, indigenous, for being displaced and/or directly affected by the armed conflict.
31. Also relevant for the present analysis are the international obligations adopted by the Colombian State promoting equality and non-discrimination, such as Articles 1 and 2 of the Universal Declaration of Human Rights, Articles 2 and 3 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Colombia is also a State Party to CEDAW, which provides that the State and its agents are obligated to act with due diligence to eliminate socio-cultural patterns and stereotypes that promote discrimination against women, in all of its forms. CEDAW defines discrimination against women broadly in its Article 1:
Any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.
32. This definition includes all differences in treatment based on sex that intentionally or in practice place women in a disadvantaged position and prevent the full recognition of their human rights in the public and private spheres. The Committee overseeing compliance with CEDAW has also established that the definition of discrimination in the Convention includes violence against women in all of its forms, direct and indirect, including:[20]
acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty. Gender-based violence may breach specific provisions of the Convention, regardless of whether those provisions expressly mention violence.[21]
33. In the sphere of violence, it is important to mention as complementary to CEDAW, the Declaration on the Elimination of Violence against Women of Vienna in 1993, which defines violence against women as a phenomenon which includes the following actions: forced prostitution, physical, sexual and psychological violence.[22] Furthermore, the Rome Statute[23] of the International Criminal Court, applicable to situations of armed conflict, has included as crimes against humanity and war: rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilization, and other sexual abuses of comparable gravity.[24] II. THE ARMED CONFLICT IN COLOMBIA AND ITS IMPACT ON WOMEN
A. Characteristics of the Colombian armed conflict
34. The IACHR has repeatedly manifested over the gravity of the human rights situation in Colombia and the systematic and widespread violence that is part of the daily life of the civilian population, affected by an internal conflict that has lasted for four decades.[25] In particular, during the last fifteen years, acts of violence perpetrated by the actors in the internal armed conflict have resulted in serious human rights violations and/or violations of international humanitarian law against the civilian population. The IACHR has expressed its concern over the perpetration of acts of violence that have worsened the humanitarian crisis which affects over two million persons and has caused thousands of casualties.[26] Colombia is immersed in a dramatic spiral of violence affecting all sectors of society, undermining the very foundations of the State, and moving the international community as a whole. Undoubtedly, this is one of the most difficult and serious human rights situations in the Continent.[27]
35. The struggle for territorial, economic and military control is conducted by the Security Forces, in defense of the State, and by two illegal armed groups: the guerrilla – mainly represented by the Fuerzas Armadas Revolucionarias de Colombia (hereinafter "FARC-EP") and the Ejército de Liberación Nacional (hereinafter "ELN"), and paramilitary forces, mainly grouped into the Autodefensas Unidas de Colombia (hereinafter" “AUC"), comprising a number of blocks operating in different areas of the country. Guerrilla groups arose in the decade of the sixties and grew during the seventies and eighties. In reaction to the emergence of these dissident armed groups, the State authorized the formation of "self-defense groups" with civilians not subject to mandatory military service to “contribute to reestablishing normalcy”.[28] By the end of the seventies and beginning of the eighties, the self-defense groups became much stronger by allying with economic and political sectors in several parts of the country and took part in grave acts of violence. Towards 1989, the State changed the norms that authorized these self-defense groups to operate, but did not take the necessary measures to guarantee their dismantlement. Consequently, their influence was not only sustained, but it spread and consolidated in 26 of the 32 departments of the country and in 382 of the total of 1,098 municipalities.[29]
36. Given the characteristics of the conflict, its historical development and the economic interests at stake, the illegal armed groups have generated a combination of alliances and at the same time clashes with the drug traffic and even members of the Security Forces, whose involvement with the paramilitary groups has been documented by the Commission, as well as by United Nations agencies and by numerous international and local non-governmental organizations.[30] Based on what has been established by the Inter-American Court of Human Rights, although the State claims not to have any official policy of encouraging the formation of paramilitary groups, this does not relieve the State of its responsibility for the interpretation that was given for years to the legal framework that supported them; for the disproportionate use made of the weapons they were given; and for not taking the necessary measures to prohibit, prevent and properly punish them for their criminal activities. Moreover, members of the Armed Forces and the Police in certain areas of the country have encouraged self-defense groups to develop an offensive attitude towards anyone considered to sympathize with the guerrilla.[31]
37. In any case, paramilitaries and guerrilla groups have imposed their presence in the country’s corregimientos and municipalities by punishing and wielding social control over the civilian population, especially when community members are perceived to sympathize with adversary groups, often simply for not showing or not having shown resistance against them in the past. These punishments involve massacres of vulnerable groups, such as indigenous and Afro-descendent communities, in order to force survivors to displace; and selective assassinations and forced disappearances of social and union leaders, human rights defenders, justice officials, journalists and candidates for popular election. In particular, the guerrilla has employed attempted attacks with explosives of an indiscriminate nature and kidnappings as a strategy.
38. During the month of August of 2002, some leaders of the AUC publicly expressed their intention of negotiating the terms for demobilization of their forces with the administration of President Uribe. In this regard, on July 15, 2003, a preliminary agreement was reached, which has resulted in the establishment of a zone to locate and materialize a series of demobilizations in different parts of the country for the forthcoming months. From February of 2004, the process has been monitored by a special mission established by the OAS Secretary-General.[32]
39. In addition to belonging to an illegal armed group, many members of the AUC involved in the demobilization process have been accused of perpetrating serious human rights and international humanitarian law violations against the civilian population. The IACHR has repeatedly expressed its concern over the lack of judicial resolution regarding most of these crimes. In some cases, the Commission and the Inter-American Court of Human Rights have established the responsibility of the State, since major violations of the American Convention were perpetrated by these groups with the acquiescence of State agents.[33] In view of this situation, the IACHR and other international bodies, such as the Office of the High Commissioner of the United Nations in Colombia, have stressed that the demobilization process must be accompanied by guarantees of respect for the State’s international obligations.
40. On July of 2005, President Uribe enacted Law 975, known as the “Law of Justice and Peace”, which establishes the legal framework for the demobilization of members of illegal armed groups, involved in the perpetration of major crimes against the civilian population in the context of the armed conflict. On May of 2006, the Constitutional Court of the Colombian Republic declared the constitutionality of this Law in global form, established conditions for its interpretation and declared some of its clauses ineffective. The IACHR has publicly stated its general observations regarding the contents of the Law of Justice and Peace[34], as well as in regard to the Constitutional Court’s pronouncement.[35] In this respect, the IACHR has called on the State’s institutions to give full effect to the Court’s decision and has formulated recommendations aimed at strengthening the mechanisms available for establishing the truth of what happened, to administer justice, and to provide reparations to the victims of the conflict that has affected Colombia for more than four decades.
41. In
sum, the conflict is at a crucial stage in which both negotiations with
dissident armed groups and the respect to commitments of cessation of
hostilities must be guided by the principles and norms established in
international law, in order to overcome armed conflicts, and the content
of the States’ obligation to guarantee justice, truth and reparation to
all persons under their jurisdiction. B. Dynamics of the armed conflict that particularly affect women in Colombia
42. The enactment of international human rights instruments protecting the rights of women reflects a consensus and acknowledgement among the States regarding the discriminatory treatment that women have traditionally suffered in their societies. Some examples of discrimination suffered by women in the Americas, both in peace and conflict times, and in the presence of legislative and public policy developments, have been an unequal participation in civil and political affairs; a limited access to the benefits of their societies’ economic and social development; an unequal treatment within their families; and being victims and exposure to different forms of violence against women, and abuse of their bodies, including psychological, physical and sexual violence.[36]
43. Moreover, binding instruments such as CEDAW and the Convention of Belém do Pará have established that violence against women is based on and is caused by elements of discrimination, stereotypes, social and cultural practices based on the concept that women are inferior.[37] Discrimination against women and gender stereotypes promote, validate, increase and aggravate violence against women. The two Conventions obligate State parties and their agents to take affirmative measures to eliminate socio-cultural patterns and stereotypes which promote discrimination against women, in all of its forms, and its most serious consequences, such as violence against women.[38]
44. Colombia has been no exception to this pattern of discrimination and violence against women.[39] The IACHR has reported in the past its concern over the gender-based discrimination affecting Colombian women, particularly in the domains of work, education and participation in political affairs, as well as the different forms of violence.[40] By 1998, the Committee overseeing compliance with CEDAW, in the context of reviewing the report presented by the State of Colombia, expressed its concern over the lack of a State policy aimed at eliminating cultural traditions and sexist stereotypes that encourage discrimination against women.[41] Despite this and the State’s efforts to improve this situation, Colombian women continue to be victims of different forms of violence, such as domestic violence and trafficking, among other manifestations.[42]
45. The IACHR has repeatedly stated that both civilian men and women in Colombia have their rights violated during the Colombian armed conflict and suffer the worst consequences. However, although both suffer human rights violations and bear the burdens of this conflict, the effects are different for each. The source of this difference is that Colombian women have suffered situations of discrimination and violence because they are women since they were born, and the armed conflict has worsened and perpetuated this history. The violence and discrimination against women is not solely the product of the armed conflict–they are fixtures in the lives of women during times of peace that worsen and degenerate during the internal strife.
46. Within the armed conflict, all the circumstances that have historically exposed women to discrimination and to receive an inferior treatment, above all their bodily differences and their reproductive capacity, as well as the civil, political, economic and social consequences of this situation of disadvantage, are exploited and manipulated by the actors of the armed conflict in their struggle to control territory and economic resources. A variety of sources, including the United Nations, Amnesty International and civil society organizations in Colombia, have identified, described and documented multiple forms in which the rights of women are infringed upon in the context of the armed conflict, because of their condition as women.
[1] United Nations, Report of Session 20 of the Committee on the Elimination of Discrimination against Women, 4 May 1999, para. 358. [2] United Nations, Report submitted by Mrs. Radhika Coomaraswamy, Special Rapporteur on violence against women, its causes and consequences: Mission to Colombia (1-7 November 2001), E/CN.4/2002/83/Add. 3, 11 March 2002, para. 42. [3] United Nations, Report of the High Commissioner for Human Rights on the situation of human rights in Colombia, E/CN.4/2005/10, 28 February 2005, paras. 100 and 124. [4] United Nations, Report of the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Intolerance, E/CN.4/2004/18/Add.3, 24 February 2004, para. 49; United Nations, Report of the Special Rapporteur on Human Rights and Fundamental Freedoms of the Indigenous Peoples, Mission to Colombia, E/CN.4/2005/88/Add.2, 10 November 2004, paras. 31 and 71 and recommendation number 84. [5] IACHR, Third Report on the Human Rights Situation in Colombia (1999), Chapter XII, Rights of Women; International Women’s Rights Experts Express their Concern over the ”Invisibility” of the Widespread Gender-Based Violence in Colombia, Press Release, IACHR, 8 March 2002. [6] Two hearings were celebrated in the framework of the 122˚ and 124˚ periods of sessions addressing the themes of violence against women and the rights of women to truth, justice and reparation and forced displacement, respectively. During these hearings, information was received from organizations such as La Casa de la Mujer, Corporación Sisma Mujer, Confluencia Nacional de Redes, Iniciativa de Mujeres Colombianas por la Paz, Observatorio de los Derechos Humanos de las Mujeres, Red Nacional de Mujeres, Ruta Pacífica de las Mujeres, Organización Femenina Popular, Red Nacional de Mujeres Afrocolombianas, Centro Meira del MAR, CERFAMI, Colectivo María María, Corporación Desarrollo Humano–Humanizar, Fundación MAVI, Fundación Mujer y Futuro, FUNDESAP, Grupo Mujer y Sociedad, ILSA, Liga de Mujeres Desplazadas, Liga Internacional de las Mujeres por la Paz y la Libertad-LIMPAL, Movimiento Popular de Mujeres, Orocomay, Oye Mujer, Red de Empoderamiento de Cartagena y Bolivar, Red Departamental de Mujeres Chocoanas, Red de Género y Comercio, Comisión Colombiana de Juristas and Planeta Paz, among other organizations working to defend the rights of Colombian women. [7] See United Nations, Report of the High Commissioner for Human Rights on the situation of human rights in Colombia, E/CN.4/2005/10, 28 February 2005; United Nations, Report submitted by Mrs. Radhika Coomaraswamy, Special Rapporteur on violence against women, its causes and consequences: Mission to Colombia (1-7 November 2001), E/CN.4/2002/83/Add. 3, 11 March 2002; Amnesty International, Colombia, Scarred Bodies, Hidden Crimes: Sexual Violence against Women in the Armed Conflict, AMR 23/040/2004; United Nations Development Fund for Women, Report on the Situation of Women in Colombia, September 2005. [8] United Nations, Report of the High Commissioner for Human Rights on the situation of human rights in Colombia, E/CN.4/2005/10, 28 February 2005, para. 124. [9] Report Enforcement, Protection and Violation of Women’s Human Rights in a Country at War, Colombia 2005, report submitted to the IACHR Rapporteur during her on-site visit to Colombia by platforms, organizations and groups of women, June 2005, Section 2.1. [10] Note DDH/OEA 25245/1210 from the Human Rights Direction of the Ministry of Foreign Affairs of the Colombian Republic, 24 May 2006. [11] Note DDH/OEA 25245/1210 from the Human Rights Direction of the Ministry of Foreign Affairs of the Colombian Republic, 24 May 2006. [12] See I/A Court H.R., Velásquez Rodríguez Case. Judgment of July 29, 1988. Series C No. 4. A series of Inter-American Conventions also establish the express obligation of the State to act with due diligence to protect human rights. See, for example, Article 6 of the Inter-American Convention against Torture and Article 7(b) of the Convention of Belém do Pará. [13] See I/A Court H.R., Velásquez Rodríguez Case. Judgment of July 29, 1988. Series C No. 4. A series of Inter-American Conventions also establish the express obligation of the State to act with due diligence to protect human rights. See, for example, Article 6 of the Inter-American Convention against Torture and Article 7(b) of the Convention of Belém do Pará. [14] See Article 1. [15] See Preamble, Articles 4 and 6. The Commission has discussed the serious consequences that discrimination against women and the stereotypical notions of their role in society can have, including violence against women. See IACHR, Merits Report, Nº 4/01, Maria Eugenia Morales de Sierra (Guatemala), 19 January 2001, para. 44. [16] See Preamble, Articles 4 and 5. [17] See Articles 2 and 7. [18] See Article 9. [19] The principle of due diligence was initially established by the Inter-American Court of Human Rights in its ruling on the case of Velásquez-Rodríguez, Judgment of 29 July 1988, stating: “[.....] It is the obligation of the Member States to ”guarantee” the free and full enjoyment of rights recognized in the Convention for all persons subject to their jurisdiction [.....] As a consequence of this obligation, States must prevent, investigate and punish all violations of the rights recognized by the Convention,” I/A Court H.R., Velásquez Rodríguez Case. Judgment of July 29, 1988. Series C No. 4. para. 166. [emphasis added] [20] United Nations, Convention on the Elimination of All Forms of Discrimination against Women, General Recommendation 19, Violence against Women, U.N. Doc. HRI/GEN/1//Rev.1, p. 84, para. 11. [21] United Nations, Convention on the Elimination of All Forms of Discrimination against Women, General Recommendation 19, Violence against Women, U.N. Doc. HRI/GEN/1//Rev.1, p. 84, para. 11. [22] U.N. Doc. A/RES/48/104, 23 February 1994. [23] United Nations, Rome Statute of the International Criminal Court, U.N. Doc. A/CONF.183/9, 17 July 1998. The Rome Statute was ratified by the Colombian State through Law 742 of 2002. [24] Rome Statute, International Criminal Court, Article 7.1 (g). [25] The IACHR has communicated its impressions and viewpoints on the overall human rights situation in Colombia regularly in Chapter IV of its annual reports for the years 1995, 1996, 1999, 2000, 2001, 2002, 2002, 2003 and 2004, in its Third Report on the Human Rights Situation in Colombia, OAS/Ser.L/V/II.102, Doc. 9, rev. 1, 26 February 1999 and in its Report on the Demobilization Process in Colombia, OAS/Ser.L/V/II.120, Doc. 60, 13 December 2004. [26] According to Amnesty International, in the last 20 years, the conflict has taken the lives of at least 70,000 persons, most of them civilians killed outside of combat. See Amnesty International, Colombia, Scarred Bodies, Hidden Crimes: Sexual Violence against Women in the Armed Conflict, AMR 23/040/2004, p. 16 [27] IACHR, Third Report on the Human Rights Situation in Colombia (1999), Chapter 1, para. 1. [28] Decree No. 3398 of 24 December 1965 “by means of which the national defense is organized”. [29] IACHR, Report on the Demobilization Process in Colombia, OAS/Ser.L/V/II.120, Doc. 60, 13 December 2004, p. 25, para. 42. [30] Amnesty International, Colombia, Scarred Bodies, Hidden Crimes: Sexual Violence against Women in the Armed Conflict, AMR 23/040/2004, p. 17. [31] I/A Court H. R., Case of the 19 Merchants. Judgment of July 5, 2004. Series C No. 109, para. 124. [32] On 6 February 2004 the Member States of the Organization of American States (OAS), meeting in the framework of the Permanent Council, expressed their unanimous “unequivocal support for the efforts of the State of President Álvaro Uribe-Vélez, to procure a firm, lasting peace” in the Republic of Colombia and expressed their will for the Organization to support these efforts. Some weeks earlier, the former OAS Secretary-General, César Gaviria, and President Álvaro Uribe-Vélez had signed an agreement to establish a Mission to Support the Peace Process in Colombia (hereinafter “the MAPP/OAS Mission”) with the mandate to verify the cease fire and the cessation of hostilities initiatives, demobilization, disarmament and the reinsertion of illegal armed groups operating in Colombia. The Permanent Council resolution authorizes the establishment of the MAPP Mission and stresses the need to “ensure that the role of the OAS is completely in accordance with the obligations of its Member States in regard to the full enforcement of human rights and international humanitarian law”. [33] In those cases in which it is possible for the Inter-American System bodies to exercise their jurisdiction – for example, cases in which State agents are held liable for actions or omissions in the death outside of combat of persons who cannot be considered legitimate military targets – the IACHR has processed petitions about alleged violations of human rights protected under the American Convention. A large number of complaints have been resolved by the Commission and some cases have been referred to the jurisdiction of the Inter-American Court of Human Rights, such as those involving the massacre of 19 Comerciantes in the Magdalena Medio in 1987; the massacre of civilians in Mapiripán (Meta) perpetrated in 1997; the disappearance of civilians in Pueblo Bello (Córdoba) in 1990; and the massacres of civilians in Ituango (Antioquia) perpetrated in 1996 and 1997. [34] See IACHR Press Release 26/05 available online: http://www.IACHR.org/Comunicados/Spanish/2005/26.05.htm. The IACHR press release observed that the adopted bill concentrates on the mechanisms to determine individual criminal responsibility in particular cases, in the framework of determining the individual criminal responsibility of those demobilized who seek refuge in the benefits of the law. However, its provisions do not provide incentives for those demobilized to confess in an exhaustive fashion the truth about their responsibility, in exchange for the judicial benefits they will receive. The IACHR also observes that the institutional mechanisms created by the law to administer justice–in particular the Prosecutor’s National Unit for Justice and Peace, composed of 20 prosecutors—lack the strength necessary to effectively assume the task of prosecuting thousands of massacres, selective executions, forced disappearances, kidnappings, tortures, forced displacement and usurpation of lands, amongst other crimes, committed by several thousand demobilized individuals during the many years that paramilitary structures have operated in Colombia. Regarding the seriousness and complexity of the crimes perpetrated, the short deadlines and procedural stages provided for in the legal mechanisms to investigate and prosecute the demobilized individuals benefiting from the law also fail to offer a realistic alternative to fully determine individual responsibility. The investigation of serious human rights violations requires broader deadlines and a greater degree of procedural activity. In terms of the reparation of the damage caused by those responsible for the commission of heinous crimes, the IACHR emphasized that the law places more importance on the restitution of unlawfully-acquired property rather than on mechanisms that facilitate the full reparation of the victims. Particularly, it does not specifically refer to reparation mechanisms for the damage to the social fabric of indigenous peoples, the Afro-descendent communities, or the displaced women, often heads of household, who rank among the groups more vulnerable to the acts of the armed conflict actors. [35] See Statement of the Inter American Commission on Human Rights on the Constitutional Court's decision regarding the application of Law of Justice and Peace in the Republic of Colombia, available online: http://www.cidh.org/ Comunicados/English/2006 /28.06eng.htm. [36] See IACHR, Report of the Inter-American Commission on the Status of Women in the Americas, OAS/SER.L/V/II.98, doc. 17, rev., 13 October 1998. [37] See Preambles of CEDAW and the Convention of Belém do Pará. [38] See Preamble and Article 5 of CEDAW and Preamble and Article 6 of the Convention of Belém do Pará. [39] The Presidential Advisory Office on Gender Equality (hereinafter “Presidential Office on Gender Equality”), the entity coordinating public policies for women in Colombia, has recognized that women are one of the population groups in Colombia most affected by inequality. It has confirmed that the highest unemployment rate applies to women, the percentage of women in leadership positions involving decision-making and positions filled by popular vote is significantly lower than for men, and they are the primary victims of domestic violence, trafficking in persons and forced displacement. The Presidential Office has verified how health services are insufficient to address the increase in teenage pregnancies, maternal mortality rates and cases of AIDS, and how school textbooks still contain sexist contents predisposing women to assume traditional roles. View Mujeres Constructoras de Paz y Desarrollo, Publication by the Presidential Office on Gender Equality in Colombia, November 2003, p. 7-9; the United Nations Development Fund for Women has recently stated that despite the increased inclusion of women in the labor market, their participation remains very low compared to that of their male counterparts. See United Nations Development Fund for Women, Report on the Situation of Women in Colombia, September 2005, p. 28. [40] IACHR, Third Report on the Human Rights Situation in Colombia (1999), Chapter 1, para. 8. [41] Report of Session 20 of the Committee on the Elimination of Discrimination against Women, 4 May 1999, para. 381. [42] The National Institute of Legal Medicine reported during 2004 that, of the total cases recorded nationwide of partner abuse, 91.2% corresponded to females. Similarly, several State sources, the United Nations and civil-society organizations confirmed during the Rapporteur’s visit, that the country has become a major site of child trafficking, especially in tourism centers, where there are packages offering sexual services with minors. See Publication 2004 Forensis: Data for Life, National Institute of Legal Medicine, Bogotá, May 2005, p. 139. In addition, representatives from the Office of the Attorney General confirmed to the Rapporteur during her visit that 80% of trafficking victims are women. |