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VIOLENCE AND DISCRIMINATION
AGAINST WOMEN IN THE ARMED
CONFLICT IN COLOMBIA
V. THE
RESPONSE OF THE COLOMBIAN STATE TO THE IMPACT OF THE ARMED CONFLICT ON
WOMEN
149. The
Colombian State is obligated to exercise due diligence to prevent,
sanction and eradicate the violence and discrimination against women
aggravated by the armed conflict, even though the conflict poses complex
challenges to this response. In the past, the IACHR has recommended to
the Colombian State to guarantee the validity and enforcement of
legislative, public policy and institutional measures to protect the
rights of women to live free from violence and discrimination, as well
as to ensure the assignment of necessary resources for its
implementation.
The IACHR has also emphasized the obligation of the State to investigate
and sanction those responsible for these acts, as well as its duty to
offer reparations to the victims.
As mentioned previously, the obligation of the State to act with due
diligence has four components: the prevention, investigation, punishment
and reparation of human rights violations.
150. The IACHR
has learned of key developments in the response of the Colombian State
to generally protect the rights of women. These have been above all in
the adoption of a legal and public policy framework, as well as the
design of State programs. Furthermore, during the visit it was evident
that State officials acknowledge and generally understand the scope of
the existing challenges and express their willingness to find solutions
both at the national and local level.
151. The IACHR
also recognizes the efforts on public policies to address the specific
needs of women in the armed conflict, such as the policy denominated,
Mujeres Constructoras de Paz y Seguridad,
as well as a series of institutions and mechanisms at the national and
local level to enforce these laws. It is also important to highlight
the efforts of the Colombian State to gather statistics about the
violations of the rights of women, including the Observatory of Gender
Issues, the work of the National Institute of Legal Medicine, and the
incorporation of gender into the statistics of the Administrative
Department of National Statistics (hereinafter “DANE”) and the Social
Solidarity Network. Moreover, the Constitutional Court has issued a
series of notable court decisions over the last ten years, successfully
invoking the recourses of tutela and inconstitucionalidad
to protect the civil, political, social, cultural and economic rights of
Colombian women.
152.
Nonetheless, both State authorities and civil society representatives,
expressed their concern at the lack of an integral State policy
addressing the specific impact of the armed conflict on the human rights
of women, applicable to both the national and local levels. This
deficiency promotes a context of impunity that perpetuates the treatment
of women as “spoils of war” by the armed actors. The Rapporteur also
corroborated noticeable flaws in the diagnosis, prevention and early
warning of different forms of discrimination and violence against women
which are aggravated by the armed conflict, and gaps in the provision of
humanitarian assistance and multidisciplinary support services for
victims, especially to displaced women.
153. On the
other hand, it is important to highlight the homogeneous view of women
of the Colombian State as a target group of public policies and as
victims of the armed conflict. Article 9 of the Convention of Belém do
Pará obligates States to take special account in their legislation and
public policies of the vulnerability of certain groups of women to
violent acts on the basis of their race, ethnicity, refugee or displaced
status, pregnancy and minor age, among other risk factors.
However, during the visit and interviews of the delegation with State
authorities, civil society and international agency organizations it was
evident that these vulnerability factors still need to be taken into
account by the Colombian State in the development of public policies and
attention programs destined to improve the situation of all women.
154. The IACHR
observed specifically the absence at the national and local levels of
the specific and different needs of indigenous and Afro-Colombian women
in the programs and public policies geared towards protecting the rights
of women. It is key that the State implements measures to eradicate
discriminatory socio-cultural patterns on the basis of sex, race, ethnic
background and social class and to take these differences into account,
as well as the possibility of discrimination on the basis of more than
one factor, in the development of public policies to mitigate the
pernicious effect of the armed conflict on Colombian women.
155. On the
other hand, the Rapporteur corroborated that the work of women’s rights
defenders and their organizations still does not have the support and
legitimacy of the State. The need persists to protect their existence
and safety throughout the national territory.
156. In this
context, and even in the presence of certain progress, women still
confront numerous legislative, institutional, cultural and geographic
obstacles to effectively access justice. Among the most notable
challenges are deficiencies in the investigation, judgment and sanction
of acts of violence and discrimination, gaps in the collection of
statistics, the mistrust of the administration of justice in the
victims, the need for sustainable capacity-building programs for justice
officials and programs to sensitize the population and promote the
filing of complaints. Additionally, there is a lack of justice in the
zones occupied by the actors of the armed conflict and alarming
principles within the penal procedure code applicable to violence
against women that can challenge the access of women to effective
judicial protections and guarantees.
A. Advances in the development of a legislative and public policy
framework, and State programs to protect the rights of women
157. The
Rapporteur recognizes advances in the development of a legislative and
public policy framework to address the discrimination and violence
against women produced by the armed conflict supported by the Colombian
State. Colombia is a party to the American Convention
and between 1995 and 2004 the State has adopted a series of laws,
decrees and policies to advance the rights of women. Among the most
noteworthy developments are Laws 51 and 248 of 1985 and 1995, by which
the CEDAW and Belém do Pará Conventions were adopted as part of the
domestic legislation, and Articles 13 and 43 of the Colombian
Constitution, which guarantee equality under the law and
non-discrimination against women. There is also a legal framework in
place to prevent and eradicate domestic violence pursuant to Law 294 of
1996 and its reform through Law 575 of 2000.
158. In regard
to sexual violence, the Penal Procedural Code also typifies various
behaviors as crimes that are part of the subject matter jurisdiction of
the Rome Statute.
Under Law 360 of 1997, some norms of the Penal Code of1980 were
amended in the sphere of sexual crimes to strengthen the rights of
victims. Among the rights included where to be treated with dignity,
privacy and respect during any interview or action for medical, legal or
social assistance purposes, to be informed about applicable legal
procedures and services available, to access services such as testing
for sexually transmitted diseases free of charge (including HIV/AIDS)
and physical and emotional trauma, to collect legal and medical evidence
and to access indemnity for damages resulting from the crime. This law
also provided for the creation throughout the country of specialized
units within the Office of the Attorney General to specialize in
handling crimes against sexual freedom and human dignity. Each unit
should have an on-site psychologist to advice officials in the
management of the cases, and to interview and advice the victims.
159. It is
also important to acknowledge key advances in the problem of
trafficking, such as Law 7474 of 2002, which classifies trafficking
persons as a crime and Law 800 of 2003, which ratifies the Optional
Protocol to Prevent, Suppress and Punish Trafficking in Persons,
especially women and children. It is also pertinent to especially
recognize that through the Law 984 of June 8 of 2005, Congress approved
the law through which the Optional Protocol of CEDAW was ratified.
160. The
Constitutional Court has also issued a series of rulings favoring women,
by applying the actions of tutela and inconstitucionalidad.
It is recognized by State and non-State authorities that the work of the
Constitutional Court has been critical to protect, guarantee and develop
the rights of women ingrained in the National Constitution and in
international instruments ratified by the Colombian State.
The Court has issued a series of decisions declaring unconstitutional
all those norms involving sex-based discriminatory treatment against
women in civil, family, labor and public policy matters.
The most recent decisions include Sentence 453 of 2005, in which the
Court protected the rights of a woman who had been a victim of sexual
violence, establishing that victims of sexual violence have the
constitutional right to be protected against proof that entails an
unreasonable, unnecessary, and disproportionate intrusion into their
private lives.
161. During
the visit, the Rapporteur learned of public policy efforts to address
the specific needs of women within the framework of the armed conflict.
The Colombian State has established goals oriented to advance the social
equity and the human development in the
Política de Seguridad Democrática y la Política de Reactivación Social
of the
administration of President Uribe.
The State has also manifested publicly that within the National
Development Plan of 2003-2006, Haciendo un
Estado Comunitario, it is launching actions to promote the
equity and the empowerment of women with an emphasis in the following
areas: women and the economy, violence against women, women in the
exercise of power and decision-making.
162. As an
example of positive actions, the Rapporteur learned of the adoption of
the national policy known as
Mujeres Constructoras de Paz y Seguridad,
with the main purpose of gradually achieving equality between men and
women in the political participation processes in social, economic,
political and cultural life of the country. The policy includes several
program areas, such as, employment and the entrepreneurial development
of women, education and culture, sexual and reproductive health,
violence against women and institution-strengthening.
163. The
Colombian State has also created a series of institutions and
mechanisms, nationally and locally, to enforce the legal framework
described above. These include the Presidential Office on Gender
Equality, which is the coordinating entity, the Office of the Ombudsman
for the Rights of Children, Women and the Family, the Office of the
Procurator for the Minor and the Family, the ICBF, the Ministry of the
Interior and Justice, the Ministry of Foreign Affairs, the Family
Commissions, the Office of the Attorney General, the Ministry of Social
Protection, the Social Solidarity Network and the Vice- Presidency of
the Republic.
164. As a
result of the existing public policy framework, the Presidential Office
on Gender Equality, as coordinating entity, has launched a series of
programs aimed at addressing the specific needs of women. The
Presidential Office is executing a plan of affirmative actions, in
coordination with ministries and other public entities and in the
framework of the Programa Nacional de Desarrollo, in order to
incorporate the gender dimension in their programs, projects and
budgets.
Among them are programs aimed at preventing and confronting domestic
violence with an integral model of attention, named Democracia
Familiar and the Mesa Interinstitucional de Violencia
Intrafamiliar, the campaign Rutas por la No Violencia to
increase the visibility of the violence problem as a human rights
violation and to increase the legal training of women,
and the Consejos Comunitarios de Mujeres, which seek to create
collaboration spaces between women and the State at the local level
about themes such as political participation and violence.
Furthermore, the inter-institutional program Haz Paz has been
created, as a product of the Política Nacional de Construcción de Paz
y Convivencia Familiar to promote the prevention, detention,
monitoring and attention of domestic violence at the municipal level.
Additionally, a series of State agencies have created programs to assist
women victims of violence.
165. It is
also important to recognize a series of inter-institutional efforts and
programs to combat different forms of violence against women aggravated
by the armed conflict. For example, in the case of sexual crimes, an
Equipo Técnico Central
has been
formed by the ICBF, the Office of the Ombudsman, the Office of the
Attorney General, the National Police, the Ministry of Social
Protection, UNFPA and the INML.
These agencies have signed an agreement to identify minimum
non-negotiable criteria for care provided to victims of sexual crimes,
which any official or private party treating the victims must
implement. The model has been validated in five pilot municipalities
and there is an expansion process coordinated by the ICBF that has
progressed to 19 localities in Bogotá and there are activities under way
to achieve its implementation in more than 30 municipalities.
In regards to the issue of trafficking, a
Mesa
Interinstitucional contra la Trata de Personas
has been formed which is coordinated by the Ministry of the Interior and
Justice and the Ministry of Foreign Affairs.
166. The State
has also created a series of support services for victims.
Among the most notable ones are the creation of Family Commissions, the
Center of Integral Support for Victims of Sexual Crimes,
Inter-Institutional Committees that have been created under the Office
of the Ombudsman to provide services for victims and survivors of sexual
crimes and the territorial extension of centers of the ICBF and the
Social Solidarity Network.
167. In the
sphere of health, the Colombian State has publicly stated that the
creation and diffusion of the
Política Nacional de Salud Sexual y Reproductiva
is included
within the public health priority goals for the period 2002-2006.
The priorities of this policy include the promotion of safe motherhood,
family planning for men and women, the reduction of adolescent
fertility, the prevention and control of sexually transmitted diseases,
HIV/AIDS, the detection of cervical cancer and the prevention and
integral care for domestic and sexual violence.
B.
Absence of an integral State policy and of coordinated and
multi-disciplinary programs to address the specific impact of the armed
conflict on women
168. Despite
notable and significant advances, several State and non-State sources
communicated their concern to the Rapporteur about the lack of an
integral State policy to address the specific impact of the armed
conflict on women with a coordinated and multidisciplinary approach that
includes the specific needs of women throughout the national territory.
The IACHR observes that the State seems to lack an integral vision and
an effective preparation to address the consequences of violence and
discrimination that the conflict imposes on women. The existing policy
framework does not provide an adequate base for the implementation of
integral programs and services for victims that include the justice,
education and health sectors. The State has recognized publicly that
between the years 1995 and 2004, an adequate policy framework,
strategies and plans of action were absent to facilitate the systemic
follow-up to commitments made to advance the rights of women and the
scarcity of resources to implement these measures.
169.
Furthermore, the institutional mechanisms that presently execute
programs destined to protect the rights of women lack sufficient
influence, competency to coordinate, and the resources to effectively
implement State policies destined to mitigate the impact of the armed
conflict on women. Several State and non-State sources communicated
their concern over the lack of resources and political will to execute
the legislation, public policies, institutions and existing programs
destined to address the rights of women and how the problems faced by
women are secondary to national security needs. These loopholes and
flaws weaken the effectiveness of any legislative and public policy and
State programs created to protect the rights of women within the armed
conflict.
170. The
Rapporteur learned during the visit of the perception of the
international community and of non-governmental organizations of the
weak capacity of the Presidential Office on Gender Equality to act as
coordinating entity of the inter-institutional efforts to address the
specific needs of victims of discrimination and violence and of
resources to sustain and create programs. Moreover, this entity does
not seem to have as a priority addressing the impact of the armed
conflict on women in regards to violence and discrimination.
171. During
the meeting of the Rapporteur with the Presidential Office on Gender
Equality, its actual director, Dr. Martha Lucia Vásquez, highlighted the
implementation of programs oriented to advance the economic development
of women and the eradication of poverty and not the violence and
discrimination that is aggravated by the armed conflict. Additionally,
its programs destined to address violence against women, such as
Democracia Familiar and the creation of the Consejos Comunitarios
de las Mujeres, do not focus on the impact of the armed conflict on
women and the physical, psychological and sexual violence employed, but
mostly address the problem of domestic violence. The Rapporteur
recognizes that the budget and political will dedicated to the issue of
the impact of the armed conflict on women cannot be evaluated solely by
the actions and budget of the Presidential Office on Gender Equality.
However, it considers the programs that are being currently implemented
as a reflection of the priorities within the State, due to its
competency as coordinating entity of public policies to advance the
rights of women.
172. The
Rapporteur verified as well during the visit flaws in the coordination
and communication between different State entities that execute programs
and support services destined to victims of violence and discrimination
produced by the conflict. The Colombian State has recognized that a
deficiency in the public attention of violence against women is the:
“lack of articulation among the different entities involved that
challenges the attention and prevention of violence against women. It
is necessary to improve the channels and mechanisms of coordination, in
order for each of the relevant entities to develop, in the framework of
its competencies, plans, actions, and programs for the protection,
prevention, attention and sanction of violence.”
173. As
previously mentioned, the Rapporteur learned of a series of support
services for victims of violence that are granted through the Family
Commissions, the Center for Integral Attention for Victims of Sexual
Violence of the Office of the Attorney General, the centers of the ICBF,
as well as the Inter-Institutional Committees created by the Office of
the Ombudsman. However, the Rapporteur received information through
different channels that highlighted the absence of communication and
coordination among these services, which results in a fragmentation of
the attention to the victims.
174.
Additionally, the deficiencies in the coordination between national and
local services were evident during the visit of the Rapporteur to
Valledupar and Quibdó. In Valledupar, several units of the Community
Ombudsman shared their concern with the delegation over the weak
communication between the local units of the Office of the Attorney
General and the national unit, mostly when the crimes are committed by
the armed actors in occupied zones. In the particular case of Quibdó,
the State authorities shared with the Rapporteur their concern over the
low coordination between the national and local services and how they
felt “abandoned” and unsupported by the national authorities.
175.
However, the Rapporteur was informed of good practices and local efforts
to offer a coordinated and multidisciplinary attention to victims of
violence and discrimination, above all to displaced women. For example,
in Valledupar, the Social Solidarity Network and the ICBF are trying to
offer a multidisciplinary team support to victims of displacements,
including psychologists, nutritionists, and social workers.
Nonetheless, these coordination efforts are limited by the lack of human
and financial resources.
176. In
regards to resources, several State sources, including the INML and the
State authorities interviewed in Valledupar and Quibdó, manifested their
concern over the scarcity of resources destined to attend the
discrimination and violence against women in Colombia produced by the
armed conflict and the provision of specialized services for victims.
In regards to the investment to attend sexual violence, the INML has
manifested that there is a “total gap between the social investment
during 2004, in comparison with the resources destined for national
defense and executed through the armed forces.”
To support this premise, the INML compared the budget assigned on 2004
to the National Defense, a total of 76 billion of Colombian pesos, in
contrast to the budget of the Social Solidarity Network, a total of 150
thousand millions.
177. Another
concern highlighted by both State and non-State authorities about the
public programs is their limited territorial presence, in particular,
their notable absence in the zones occupied by the actors of the armed
conflict. For example, the reform of the domestic violence law, through
the Law 575 of 2000, transferred the competencies to dictate protection
orders to the Family Commissions. However, several sources confirmed
that there are not sufficient Commissions to cover the needs of all
municipalities in the country. For example, the Rapporteur received
information confirming that only 222 exist for the 1,080 municipalities
in the country and only 82 have a multidisciplinary team.
The Office of the Ombudsman for the Rights of Children, Women and the
Family in Colombia shared with the Rapporteur its concern over the
closing of many of these Commissions, as well as the disincentive to
create new ones, which decreases the existence of important avenues to
access justice.
178. However,
the Rapporteur learned in her interviews with State and non-State
authorities of coordination efforts between the government,
international agencies and the civil society to attend victims of the
violence and discrimination produced by the armed conflict. For
example, the Rapporteur received information from the Office of the
Attorney General about its collaboration and articulation with the
OFP to document cases in zones occupied by the armed actors. The
Rapporteur was also informed about efforts on behalf of different State
agencies to design collaboration programs with United Nations agencies,
such as the program of the Office of the Procurator with UNIFEM to
attend displaced women. Nevertheless, it is visible how these efforts
are insufficient and how the initiatives undertaken, mostly by civil
society organizations, to offer needed services for victims, such as
those provided by PROFAMILIA in the area of sexual and reproductive
rights, do not have sufficient recognition and support from the
Colombian State.
C. Flaws in
the diagnosis and prevention of the consequences of the armed conflict
on women
179. One of
the major gaps the Rapporteur observed during her visit was in the area
of prevention and diagnosis of the specific consequences of the armed
conflict on all women, throughout its national territory, especially
pertaining to the legislative and public policy framework and the
collection of statistics. The IACHR highlights the key and positive
efforts from the Colombian State to collect statistics about the
existing gender inequalities and the situation of violence against women
in Colombia, such as the Observatory of Gender Issues launched by the
Presidential Office on Gender Equality and the efforts of the INML.
Another recognizable achievement has been the incorporation of a gender
perspective in the analysis of the statistics gathered by DANE.
Furthermore, the Colombian State informed the IACHR about the National
Information System for registering and consolidating national statistics
on domestic violence, child abuse and sexual abuse.
The IACHR recognizes these initiatives as a good beginning to obtain an
adequate diagnosis of the situation and to design adequate prevention
and early warning systems.
180. However,
several State authorities, including the Vice Minister of Multi-Lateral
Affairs at the time, Jaime Girón, and non-State sources, communicated to
the delegation the existence of serious problems to collect figures and
statistics that accurately reflect the magnitude of the situation
because there is no uniform, reliable statistics system. The Rapporteur
also corroborated during the visit the lack of statistics disaggregated
by risk factors faced by different groups of women, based on their race
and ethnic background, among others. This deficiency contributes to
keeping acts of violence and discrimination by the armed actors
invisible and limits the scope and effectiveness of State actions
oriented towards prevention and early warning.
181.
Furthermore, it is noteworthy that most programs concentrate on
statistics of acts occurring in urban and central areas rather than
areas occupied by the armed actors. The Vice Ministry of Multi-Lateral
Affairs and the Presidential Office on Gender Equality also communicated
to the Rapporteur what they perceive as a challenge in collecting
figures and statistics of acts of violence and control that occur in the
zones occupied by the actors in the conflict. Furthermore, during the
visit of the Rapporteur to Valledupar and Quibdó, different State and
non-State sources expressed their concern at the scarcity of reliable
figures on different forms of violence and discrimination perpetrated by
actors of the armed conflict, especially in regards to the special
effect of the conflict on Afro-Colombian and indigenous women.
182. The IACHR
also verified the lack of a State policy incorporating prevention as a
priority strategy, reflected both nationally and locally. The
application of the present legislative and public policy framework is
not achieving the effective prevention of these problems, reflected in
the information and testimonies received during the visit.
Additionally, several non-State sources shared with the Rapporteur their
concern over the fact that the State does not implement or invest
sufficiently in activities to sensitize the population to eliminate
discriminatory sociocultural patterns based on sex, race and ethnicity
that promote that the actors of the armed conflict abuse women.
D. Homogenous perspective and view of women as a target group
benefiting from State protection and services destined to mitigate the
impact of the armed conflict on them
183. The
Rapporteur and the IACHR corroborated during the visit the State’s
homogeneous view of women as a group benefiting from public policies,
which has resulted in a response that fails to consider the particular
needs of different groups, such as those of Afro-Colombian and
indigenous women. This absence poses challenges to understand the
magnitude of how the conflict affects these groups of women and the
design of legislation and policies oriented to prevent, investigate,
sanction and offer reparation to the human rights violations that affect
them, pursuant to the obligation of the Colombian State to act with due
diligence. In this regard, the High Commissioner for Human Rights
manifested in its 2004 report the following:
The
security, particularly of rural, indigenous and Afro-Colombian women and
girls and of those who are organized, displaced, confined or are
returnees, has deteriorated as a result of the armed conflict and the
use of sexual violence and social control by the illegal armed groups.
In spite of efforts by the State, weaknesses persist in gathering
information on the specific situation of women; this affects its ability
to respond appropriately to their needs.
184. For
example, the Rapporteur observed at the national and local level the
failure to include the specific needs of indigenous and Afro-Colombian
women in public programs and policies geared toward protecting the
rights of women. Indigenous and Afro-Colombian women are conspicuously
absent from the implementation of the policy for
Mujeres Constructoras de Paz y Seguridad,
the programs of the Presidential Office on Gender Equality and the
initiatives to collect statistics on situations of violence confronted
by women. The ICBF communicated to the delegation its concern that the
State policy is mainly designed to address the needs of sectors, such as
women, and not of population groups with different needs, such as
indigenous peoples and Afro-Colombian groups.
185. Moreover,
their needs are absent from the laws and public policies destined to
mitigate the impact of the armed conflict in their racial and ethnic
groups. For example, in the case of Afro-Colombian women, the groups
and networks interviewed during the visit to Quibdó and Bogotá expressed
their concern over the absence of the specific needs of women in Law 70
of 1993 and in decree CONPES 3310,
both intended to improve the civil, political, economic and social
conditions of Afro-Colombian communities.
186. The 1991
Constitution establishes that Colombia is a multi-ethnic and
multi-cultural country and recognizes the specific rights of the
different ethnic groups that exist. This gave rise to the enactment of
Law 70 of 1993, which recognizes the Afro-Colombian population as an
ethnic group and sets guidelines to protect their cultural identity and
rights. Therefore, the Law is a major achievement, as it brings this
group out of obscurity nationwide and recognizes their differences.
Among the most important principles for the Afro-Colombian community in
this Law are that the State grants them collective ownership of the
areas that they have been occupying, according to their traditional
production practices. Furthermore, the Decree CONPES 3310 also provides
for a number of affirmative actions to improve the condition of these
groups. However, both policies address Afro-Colombians as a homogenous
group, without considering the specific needs that Afro-Colombian women
may have because of their sex.
187. The
Rapporteur learned of some efforts and good practices that reflect
future progress in incorporating these specific needs. For example,
during the meeting between the delegation and the Governor’s Office in
Valledupar, the Rapporteur found that support for populations from
different ethnic groups, such as indigenous communities, had been
incorporated as a priority in their current development plan. Moreover,
national entities such as the Social Solidarity Network communicated to
the Rapporteur their intention to incorporate the specific needs of
Afro-Colombian and indigenous women in initiatives to gather statistics,
as well as programs designed to meet the needs of displaced women
belonging to these groups. Furthermore, the IACHR has received
information which confirms that the Presidential Office on Gender
Equality is currently promoting the design of a
Plan
de Acción para las Mujeres Indígenas
with the
participation of indigenous women from across country, aimed at
identifying the problems that have to be overcome in achieving the
protection of their rights.
According to the State, the elaboration and validation of this Action
Plan took place through three regional meetings of indigenous women
which attempted to “generate space for dialogue and socialize the
importance of the actions that indigenous women are working on in their
communities.”
E. Gaps in
the humanitarian assistance and support services for victims: response
to forced displacement
188. During
the visit, a series of advances and challenges were noted in the
response of the Colombian State to the humanitarian crisis promoted and
reproduced by the conflict, especially in regard to the phenomenon of
displacement and its specific impact on women. The IACHR has
reiterated in the past that the presence of displaced persons in the
national territory means that the State itself must take primary
responsibility for guaranteeing their safety and well-being.
As mentioned previously, the IACHR in its 1999 report highlighted
principle 19(2) of the Guiding Principles on Internal Displacement,
which refers directly to the situation of women, establishing that:
"Special attention should be paid to the health needs of women,
including access to female health care providers and services, such as
reproductive health care, as well as appropriate counseling for victims
of sexual and other abuses."
189. Among the
advances is the presence of a legislative and public policy framework
and State programs to address the psycho-affective, economic and social
needs of the displaced population, including the System of Integral
Attention for the Population Displaced by Violence (hereinafter “SNAIPD”),
Law 387 of 1997 and the National Plan for the Integral Attention of the
Displaced Population. It is also important to recognize the creation of
the Social Solidarity Network as the entity specialized and responsible
for the coordination of the SNAIPD. According to the State authorities
interviewed, the integral assistance for the displaced population
includes four components: development and consolidation of prevention
and protection programs; provision of emergency humanitarian care;
socio-economic stabilization; and the development and consolidation of
the SNAIPD.
190. Advances
have been noted in the improvement of the SNAIPD, a Registry for the
Displaced Population has been launched, and there has been increased
attention to the population throughout the territory with the
establishment of field offices of the Social Solidarity Network.
The High Commissioner for Human Rights also reported that in 2004 the
budget of the Social Solidarity Network increased considerably and the
Network implemented major efforts in providing emergency humanitarian
aid and strengthening care and orientation units.
191. However,
shortcomings in the support of the displaced population are evident,
above all highlighted in the Sentence T-025, issued by the
Constitutional Court on January 22 of 2004, which addresses a number of
rights of the displaced population that are being infringed in Colombia,
and the need for the State to ensure a minimum level of protection for
these people. The decision identified the minimum level of protection
that the displaced population should receive from the State, including a
series of rights relevant to women, such as the right to be registered,
to receive special protection, to receive immediate assistance for three
months, to receive a document accrediting her registration in a health
facility, to return in safe conditions and to identify specific
circumstances in her personal situation to define how to generate
income, among other rights.
192. For
women, this decision is extremely importantly since the Court expressly
establishes “the importance of consulting the opinion of women in the
definition of humanitarian assistance programs, the need to overcome an
assistance-driven perspective that reinforces and reproduces
discriminatory practices against women and the relevance of formulating
a public policy providing differentiated attention, in two key aspects:
including sex as a suspect criteria of discrimination for the
interpretation of Law 387 of 1997 and to adapt information systems to
have updated data disaggregated by sex.”
193. Moreover,
the Court advised that “the registration systems are not sensitive to
the identification of the specific needs of those displaced that pertain
to groups with an increased level of vulnerability such as women heads
of household and ethnic groups.”
The Court explicitly establishes that displaced women or heads of
household that dedicate all of their time and efforts to care for minor
children or older adults under their responsibility, have the right to
receive humanitarian assistance until the “extraordinary urgency has
ceased or until the subjects are capable of economically supporting
themselves or are in conditions to do so.”
194. As a
follow-up to the principles included in this Sentence, the Colombian
State adopted the new Plan de Atención al Desplazamiento Forzado
and the Document CONPES 3400 of 2005, that set the goals and
prioritization of resources to address the needs of the displaced
population, assign a higher level of responsibility to territorial
entities to ensure an integral response to the problem, and creates
mechanisms that favor the participation of the displaced population in
the design and evaluation of the public policies.
195. The IACHR
highlights the need for public policies to address the specific needs of
displaced women and the principles included in the Sentence T-025. In
particular, it calls on the Colombian State to incorporate the
participation of women in the formulation of public policies and in the
adoption of an adequate level of protection to the civil, political,
economic, social and cultural rights of the displaced women and heads of
household, in the short and long-term. Lastly, it is relevant to
emphasize the need of the Colombian State to adopt the necessary
measures to ensure the participation of organizations of women in the
systemic follow-up of compliance with this Sentence.
196. A range
of United Nations and non-State sources confirmed during the visit the
non-inclusion of the specific needs of women in policies to attend the
displaced population, above all in the spheres of health and economic
subsistence. The Social Solidarity Network even recognizes that there
are limits to a differentiated and specialized attention that they can
provide to vulnerable population groups such as women, Afro-Colombians
and indigenous peoples and the entire displaced population. Among the
difficulties identified by the Network are the challenge of providing
assistance to women in finding employment, which means that most perform
domestic work and to provide psycho-social support to assist displaced
women in handling the cultural changes and the effects of violence.
197. State and
non-State authorities also highlighted the noticeable absence of
institutional coordination that challenges the synergy among existing
efforts and services and the absence of resources to provide a
specialized attention for women. Even though there has been progress in
consolidating an attention system, a better definition of policies and
commitments by the relevant entities is needed, in particular the
departments and municipalities. The Social Solidarity Network, for
example, recognized that more coordination is needed with other State
entities, such as the Presidential Office on Gender Equality and the
National Service for Learning.
198.
Representatives of State agencies in Valledupar and Quibdó also
mentioned the lack of resources to provide an integral care for women,
including psycho-social support and sexual and reproductive health
services. The Sentence of the Constitutional Court T-025 stated that
“resources assigned to the displaced population correspond to 0.04% of
the total budget. This does not take into account the fact that,
according to certain calculations, the number of displaced persons in
Colombia is 4.3% of the total population.”
In addition, the Social Solidarity Network highlighted the need to
design impact indicators to better understand the situation of displaced
women and to disaggregate them by major variables such as race and
ethnic group.
199. During
the meeting of the Rapporteur with the Social Solidarity Network, the
Network communicated to the delegation that they are working to provide
an integral approach to the specific needs of women, pursuant to the
Sentence T-025, especially for pregnant and breastfeeding women, in the
form of food and “basic kits” and the program Familias en Acción.
They are also participating in projects with international organizations
such as the International Organization for Migration to identify the
specific needs of displaced women and they are preparing a program with
ICBF to meet the specific needs of displaced women, including
psycho-social support. Another major advance in achieving an integral
and multi-disciplinary approach is a consensus-based questionnaire,
agreed upon among different entities serving different sectors, namely
the Social Solidarity Network, the United Nations High Commissioner for
Refugees, CODHES, and the Catholic Church, to assess the institutional
response to the displacement phenomenon.
200. Other
difficulties in the provision of State services that were identified by
non-State entities were, for example, deficiencies in emergency
humanitarian care, which is provided late and is of a palliative nature,
and the bureaucratic barriers displaced women face when registering,
such as those displaced from fumigation zones because they have to
travel long distances. An investigation of the Observatory of the
Human Rights of Women also revealed that key problems in the assistance
provided include a lack of policies for prevention, sustainable economic
re-establishment, in line with the needs and expectations of the persons
affected, and the access to adequate health services.
201. One key
problem with the emergency assistance discussed by the Observatory of
the Human Rights of Women is its temporary nature, especially in regards
to health. If the person remains affiliated with some health program at
the time of the displacement, the contract remains in effect for one
year, even if they cannot continue paying the fees. Once the emergency
phase is over, the receiving territory must take over the assistance
within the period during which the person is recognized as beneficiary,
one year, according to the norms of the National Registry of the
Displaced Population. Therefore, these timeframes fail to take into
account the process of adaptation and socio-economic re-establishment of
displacement victims.
In many cases, women also require more specialized treatment, with
medicines not included in the Plan Obligatorio de Salud
(hereinafter “POS”), especially in regard to sexual and reproductive
health.
The Rapporteur received information regarding women’s possible exposure
to mistreatment in the few health centers where they can receive medical
care, and the far distance of the health centers from their settlements.
202. The
Rapporteur has also received information from the Social Solidarity
Network and ICBF indicating that when the national registry was
designed, racial and ethnic variables were not considered. Therefore,
current support services and programs for women do not consider the
specific needs of indigenous and Afro-Colombian women, especially at the
national level. However, the Rapporteur does recognize the political
will of these agencies and their understanding that the needs of
displaced women require specialized services from the Colombian State,
especially in the area of sexual and reproductive health.
F.
Obstacles to access justice
203. A number
of State and non-State sources manifested their concern to the
Rapporteur over the main obstacles that women face to access justice
when they are victims of violence and discrimination resulting from the
armed conflict. The obstacles can be of a legislative, institutional,
cultural and geographic nature. For example, the High Commissioner for
Human Rights in its 2004 report about the situation in Colombia
described the problem as follows:
The
majority of violations of the rights of women and girls remain
unpunished, due to a lack of official investigations, the low number of
complaints because of shame, lack of credibility of the justice system,
and underreporting in cases of death or sexual violence. Access to the
courts and the manner in which such crimes are dealt with have also been
affected by the absence of training programmes for court officials on
gender issues, as well as by sexist practices in the justice system,
especially in penal matters.
204. The IACHR
observed in general the lack of an integral vision and policy, sustained
by adequate human and financial resources from the Colombian State, to
investigate, sanction and offer reparation in the sphere of justice to
acts of violence and discrimination that women suffer as a result of the
armed conflict in all zones of the country. Among the most notable
challenges are deficiencies in the investigation, judgment and sanction
of acts of violence and discrimination, gaps in systems to gather
statistics and the dearth of human and financial resources to address
the persisting problems. Furthermore, the IACHR highlights the need to
establish sustainable capacity-building programs for justice officials
and to begin programs to sensitize the population and to promote an
increase in the filing of complaints. Lastly, the IACHR observes the
weaknesses of the administration of justice in the zones occupied by the
actors in the armed conflict and the implementation of alarming
principles and practices within the penal procedures applicable to
violence against women that can challenge the access by women to
effective judicial protection and guarantees.
1.
Deficiencies in the legal framework
205. Several
State and non-State sources confirmed that, in practice, the legal
framework to protect the rights of women is not implemented to their
benefit and fails to address their specific needs within the armed
conflict, above all, in the criminal sphere. A number of sources,
including the Office of the Ombudsman for the Rights of Children, Women
and the Family, shared with the Rapporteur some principles incorporated
within the system of criminal justice relevant to the rights of women,
after the reforms of 2000 and 2004,
that have the potential of challenging the access of women to effective
judicial protections and guarantees when they are victims of different
forms of violence. The changes reflect the absence of sensibility and
knowledge of the situation of vulnerability and lack of protection of
victims of violence before their aggressors and victimizers. In regards
to sexual violence particularly, there is a gap between the protections
and objectives incorporated in the legal framework and an effective
attention and control of the problem.
206. The most
recent reform to the Penal Code adopted in 2004, which entered into
force in 2005, establishes the parameters of application of the
opportunity principle, in which the relevant Prosecutors can decide
according to general criteria which crimes they investigate and which
they do not in the area of violence against women. The degree of
discretion granted to the relevant Prosecutors facilitates that in the
decision whether to investigate a crime, their beliefs and personal
attitudes play a crucial role. This principle ignores the situation of
vulnerability and danger the victims of violence face, as well as the
silence that can cloud these incidents, for fear of reprisals by the
aggressor and the fear of the victim to be publicly stigmatized.
207. The
Rapporteur also learned of alarming provisions regarding the “chain of
custody”
in cases of violence, which were reaffirmed by the reform of 2004, for
its major emphasis on physical evidence. The Rapporteur received
information indicating that the procedures are designed only for
physical evidence and ignore the key role of other types of proof to
support cases of violence against women, such as psychological proof in
cases of sexual violence.
208. In the
specific sphere of domestic violence, a crime worsened by forced
displacement, according to the reform of the Penal Procedure Code in the
year 2000, women are obligated to personally file the complaint of the
crime, which is referred to as querella de parte before the
Office of the Attorney General. This reform does not consider that
domestic violence victims are frequently incapable of demanding by
themselves the protection and recognition of their rights, due to the
threats they suffer by their partners, as well as the fear of
stigmatization. The law also allows the person who commits the crime of
domestic violence in violation of a protection order to return to the
household where he committed the crimes, without taking into account the
dangers this poses for the family group. On the other hand, the reform
of 2004 additionally subjects domestic violence victims to a public and
oral trial to expose the aggressions they faced and to defend their
rights before their aggressors.
209. The
reform of 2000 also characterizes domestic violence as a crime that the
victim can desist from, which does not consider the reasons that could
motivate a victim to withdraw a complaint, including threats from the
aggressor and the fear of stigmatization by her community.
Additionally, the crime can be subject to a process of conciliation, in
which it can be negotiated between the victim and the perpetrator. The
conciliation option assumes that all parties involved are on equal
grounds to negotiate, which is not the case in the sphere of domestic
violence. It is recognized internationally that conciliation in cases
of domestic violence is not advisable.
In several countries, it has been clear that agreements reached in the
framework of mediation increase the emotional and physical risk of
women, because of the inequality in power relations between the victim
and the aggressor.
The aggressor usually does not comply with the agreements and these do
not address the causes and consequences of the violence.
210. The
Rapporteur also learned of concerns regarding Law 882 of 2004, better
known as the Ley de Ojos Morados, which excluded sexual violence
from the crime of domestic violence, thus, considering that sexual abuse
constitutes physical abuse that is already sanctioned without the need
for specificity. This norm was denounced as unconstitutional by the
Office of the Ombudsman, but the Constitutional Court dismissed the
arguments and declared it constitutional. The High Commissioner for
Human Rights has manifested that this disposition, in addition to be
contrary to the international law designed to protect the rights of
women and girls from violence, underestimates sexual violence as a
specialized and serious problem, ignores its systematic practice, and
minimizes this gender-based violation, thereby fostering impunity.
211. In
regards to sexual violence, despite the State efforts to enact
legislation, public policies and institutions, several State and
non-State sources indicated that they do not perceive significant
advances that facilitate an effective control of the problem. The
Office of the Attorney General confirmed to the delegation of the
Commission that on 2004 there were a total of 9,084 pending
investigations for sexual crimes, of which 89.16% corresponded to female
victims. Some of the challenges identified in the application and
implementation of the existing legislative framework has been the scarce
creation of the units to attend sexual violence throughout the national
territory and of trained professionals to perform sexology exams, mostly
in rural areas and in zones where the actors of the armed conflict
exercise control.
Therefore, there is a gap between the protections and objectives
included in the legislative framework to address sexual violence and an
effective control of the problem.
2.
Persistence of discriminatory socio-cultural patterns
212. In
information provided to the IACHR, the Colombian State has recognized
that:
The most
recurring challenge to prevent, protect and sanction violence is the
persistence of sexist tendencies, where violence against women has a
high degree of acceptance
213. The IACHR
has corroborated from the information and testimonies gathered that
violence and discrimination against women are still accepted in
Colombian society, which is reflected in the response of the officials
of the administration of justice towards victims of violence against
women and the treatment of these cases. The Rapporteur received
information about the fear of the victims to be re-victimized by the
system of justice and the mistrust that what they have suffered as a
consequence of the conflict can be investigated, sanctioned or be
subject to reparations. Other factors that impede women to denounce
acts of violence include the fear of being stigmatized socially by
making the crime public and the lack of knowledge of available judicial
recourses. Consequently, it is evident that the Colombian State needs
to create additional capacity-building programs for officials of the
administration of justice and to implement campaigns to sensitize the
general public about the gravity of these crimes and the importance of
filing complaints.
214.
Non-governmental organizations such as CLADEM and PROFAMILIA,
as well as representatives from United Nations agencies, communicated to
the Rapporteur their concern over the mistrust that the judicial
authorities have towards victims and what they relate as crimes against
them or their families.
The following two testimonies were offered to the Rapporteur during the
visit, which illustrate the treatment received by women, when they or
their relatives have been victims of violence and they try to access
justice:
The
victims claim that they do not report for fear of being persecuted;
moreover, they do not trust any organ or institution to file a complaint
or to seek assistance of a psychological, economic or judicial
nature…..Due to the patriarchal conception of justice and in the
operators, who do not equally enforce due process guarantees to crimes
such as sexual abuse and domestic violence, under the rubric of
procedural doubt. Furthermore, there is a manipulation of the proof,
because the Office of the Attorney General has no interest to collect
and review proof before the crimes committed by the armed actors.
Most
evident has been the impunity of all situations of human rights
violations faced by women in the region…..when women know where to seek
help, they go to entities to request the required certifications to
access subsidies they are entitled to due to the violent death of their
loved ones as a result of the armed conflict. They receive from the
Office of the Attorney General, organ entrusted with the investigation
of violent deaths, responses such as “Throw Fire to That”. The women
feel more mistreated by the institutions than by the same actors that
harmed them. Another factor that leads to impunity is the mistrust
of the women in these institutions, in the case of the Office of the
Attorney General concretely…..There was the case of a woman who
submitted facts for the preparation of verbal portraits of the murderers
of her husband and son and after the complaint was prepared, she was
threatened that same afternoon. This was the only institution that had
knowledge of the case in detail [emphasis added].
215. Amnesty
International recently described in detail how the fear of being
revictimized by the system and the mistrust that the aggressor will be
really sanctioned, discourages victims of sexual violence to present
complaints before the justice system:
Sexual
violence is rarely reported by the victim. In those cases in which
survivors muster the strength to do so, the authorities often seek to
dissuade the women from doing so…….Even if they persist, the case is
unlikely to be fully and independently investigated. The prospect of a
conviction is virtually zero, especially if the alleged perpetrator is a
member of the security forces, the paramilitaries or the guerrilla.
Every step of the process appears to be designed to block survivors’
attempts to seek truth and justice.
216. The
Rapporteur corroborated during her visit that the authorities entrusted
with administering justice, at the national and local levels, tend to
assume that when a victim withdraws a complaint this means that the
crime has not occurred. This type of presumption and conclusion ignores
the multiple motives that can lead a victim of violence not to report a
crime, including mistrust in the administration of justice, the
potential stigmatization of her family and community, and the fear that
the aggressor may exercise reprisals against her or her family.
217.
Additionally, non-State sources communicated to the Rapporteur their
concern over the social stigma that can suffer a violence victim, above
all from sexual violence, which discourages women to report abuses by
the actors in the conflict. The victims can be rejected by their
communities, families, partners and often receive death threats by the
illegal armed actors when they report cases. When the sexual violence
has been produced in zones where the armed actors impose norms and
punishments, the community can find that what occurred is the fault of
the victim for violating the rules. This factor contributes to a high
level of under-reporting of cases of violence against women, reflected
in the statistics. In the year 2000, the Office of the Attorney General
conducted 21,189 investigations for sexual crimes, however, the State
estimates that these only represent between 5 to 10% of the cases.
218. The
Rapporteur learned of valuable efforts from the Colombian State to train
officials of the administration of justice. It is important to
highlight the initiative of the Consejo Superior de la Judicatura
and the Escuela Judicial Rodrigo
Lara Bonilla in the creation of a Training and Capacity-Building
Plan with a gender perspective that has as a goal to train 15,000
administration of justice officials between 2002 and 2006.
It is also important to highlight the organization of specialized
workshops in the subject with the support of the Women, Gender and
Justice Program of the United Nations Latin American Institute for the
Prevention of Crime and the Treatment of Offenders (hereinafter “ILANUD”),
one of the entities in the region with extensive capacity-building
experience in these themes. These initiatives are a good start to
develop effective capacity-building programs in the theme that are
sustainable and can be institutionalized. Representatives from the
Office of the Attorney General communicated to the Rapporteur the need
to increase and strengthen capacity-building programs for administration
of justice officials to effectively address cases of violence against
women and discrimination and to treat victims with sensibility and
respect.
219. The
Rapporteur also recognizes the efforts of the Presidential Office on
Gender Equality to implement sensitization campaigns to the general
public about violence against women. However, the Rapporteur encourages
the State to assign a larger amount of resources to increase the
territorial coverage and the specificity of these awareness-raising
actions. The Office of the Attorney General communicated to the
Rapporteur the need on behalf of the State to strengthen the
communications work to promote the social respect of the human rights of
vulnerable populations such as women within the armed conflict.
220.
Therefore, it is crucial that the Colombian State continues to implement
concrete measures, such as capacity-building programs and
awareness-raising campaigns, to eradicate discriminatory socio-cultural
patters on the basis of sex, race, ethnicity and social class to promote
that women report acts of violence and discrimination and receive a
humane and dignified treatment by judicial authorities.
3. Deficiencies in the investigation,
judgment and sanction of
acts of violence and discrimination on the basis of gender and in the
creation of safe conditions for the reporting of crimes
221. The IACHR
in the past has recommended to the Colombian State the exercise of due
diligence to ensure that all cases of violence and discrimination
against women are subject to a prompt, complete and impartial
investigation, as well as the adequate sanction of those responsible and
the reparation of the victims.
However, during the visit, a variety of State and non-State sources
voiced their concern over the inefficacy of the justice system to
effectively investigate and sanction cases of violence against women
that occur as a consequence of the armed conflict, especially those
perpetrated by the actors of the conflict and in zones under their
control. The United Nations Rapporteur after its visit highlighted that
the failure to investigate, process and punish those responsible for
violations and other forms of violence on the basis of gender, has
contributed to creating in Colombia a climate of impunity that
perpetuates violence against women and contributes to an increase of the
violence in general.
222. The
Rapporteur learned of a series of challenges in the documentation and
investigation of cases of violence and discrimination. For example, the
Office of the Attorney General communicated to the Rapporteur its
challenge in documenting cases of violence against women and abuses,
especially in areas of the country where the victims fear reprisals when
they report acts of violence and how the life of Prosecutors is
endangered when they work in these zones. Moreover, the creation of
safety conditions to facilitate that women report sexual violence acts
and to prevent that crimes remain in impunity constitutes a challenge.
223.
Additionally, the scarcity of resources assigned to address cases of
violence and discrimination against women limits the territorial scope
of the existing programs of the administration of justice. For example,
in Valledupar, the Community Ombudsman confirmed that they only have one
Attorney for the Department of César and Guajira. They confirmed the
existence of multiple attacks of illegal groups and forced displacements
that are not registered and the challenge in providing permanent
assistance to women in this limiting context.
224. However,
the IACHR recognizes a series of efforts, especially by the Office of
the Attorney General, to effectively address these cases.
Representatives from the Office, for example, explained to the
Rapporteur how the subject of gender has gained key importance in their
work and how special units have been created, including a special unit
for trafficking persons. A center to attend cases of domestic violence
has also been created. The Office of the Attorney General is committed
to offering effective services throughout the territory, despite the
challenges mentioned and the danger faced by the Prosecutors when they
perform their duties in zones occupied by the actors of the conflict.
The Office of the Attorney General shared with the Rapporteur good
examples of collaboration with non-governmental organizations such as
the OFP, who supports their work in the areas of documentation
and attention in areas particularly affected by the armed conflict such
as Barrancabermeja. However, the Office of the Attorney General
recognized the need to strengthen the actions of the administration of
justice in mitigating the effects of the armed conflict on women, by
developing an integral and specific response, as well as a larger
assignment of resources.
G. The
need to protect and legitimize the work of women’s rights defenders
225. Colombia
stands out for the organizational experiences of groups of women who
wish to participate and influence the public agenda, both in areas
traditionally linked to the specific needs of women as in issues related
to the resolution of the armed conflict. However, as has been
manifested in the past by the High Commissioner of Human Rights and the
Untied Nations Rapporteur, this type of participation has become an
extremely dangerous activity in which women’s rights defenders and their
loved ones are exposed to multiple violations of their human rights.
In fact, armed actors find that the leadership exercised by women’s
rights organizations challenges the extent of their social and
territorial control, which – the IACHR believes – has led to the
systematic intimidation, persecution, kidnapping, torture and sexual
abuse of representatives of organizations that work to protect the
rights of women and their families, among other crimes.
226. The
Mesa de Trabajo Mujer y Conflicto Armado has identified as a form of
violence when national and regional organizations of women, especially
those acting in war zones, are subjected to harassment and threats,
affecting both their members and the community work they conduct.
Armed actors find that the leadership exercised by women’s rights
organizations limits the extent of their increasing social and
territorial control in certain areas of the country.
The following testimony illustrates the situations of violence that
representatives of the organizations defending the rights of women face
and the impact on their relatives and communities:
I am the
daughter of a member from [……] in the municipality of Viota Cundinamarca
and now, because of what has happened, I am working directly in the
office of the Association in Bogotá, who despite the difficulties, have
supported me at all times….. When the paramilitary invasion began by the
Rural Self-Defense Groups of Casanare, in the municipality where my
mother, little sister and I lived, on March 8, 2003, my mother was in
the fields when a group of unidentified men came to the neighborhood,
asking about “la paisa”, referring to my mother. When she was
identified, these men – two of them wearing hoods – handcuffed her and
took her to the pickup truck of death, which was what they called it in
our town, and took her away. My little sister, who saw everything, was
threatened with a rifle and forced to shut up. She saw them take my
mother away. From that time on, I started to search for her, but we have
not learned anything about her to this day. Since then, and without any
experience, I have become the head of household for my sisters, since my
mother was separated and she was our sole breadwinner. We were obligated
to move to Bogotá to save our lives, but lost everything. In Bogotá, the
Organization has helped us, because the threats continue [..] We need
protection, but we know that the State is not going to give us any.
227. In view
of this unsafe context, the High Commissioner for Human Rights has
recommended to the Colombian State:
To
strengthen programs for protection of human rights advocates with the
Ministry of the Interior and to search, jointly with other State
institutions, new mechanisms to reduce risk factors and act preventively
to eliminate them… Accordingly, it is fundamental for programs and
mechanisms to respond adequately to the needs of organizations that
defend the rights of women and the needs of their members, so they may
continue working to promote and defend their rights.
228. Among the
organizations most severely affected and threatened are those conformed
by rural, indigenous, Afro-Colombian and displaced women: the OFP
and ANMUCIC, both beneficiaries of precautionary measures granted
by the IACHR, the Liga de Mujeres Desplazadas and the Casa de
la Mujer. Just the OFP has suffered nearly 120 incidents,
including attacks, threats, and disappearances. The members of these
organizations and their families have been subjected to systematic acts
of intimidation, persecution, kidnapping, torture and sexual abuse,
among other crimes. The representatives of these organizations and
their relatives have been obligated to abandon their regions, quit their
organizational work and even leave the country. Women who belong to
certain political parties or movements, such as the Patriotic Union have
also been victims of persecution and selective assassinations because of
their political views.
229. In
addition to working to protect the civil, political, economic, social
and cultural rights of women, these organizations perform a crucial role
in the areas of services and case documentation. In zones where the
armed actors are present, these organizations provide assistance to
victims of violence and reproductive health services. Some of the
organizations carrying out these activities are the Iniciativa de las
Mujeres por la Paz, the Liga de Mujeres Desplazadas,
the OFP, ANMUCIC and PROFAMILIA, among other
entities. The UNDP communicated to the Rapporteur during her visit that
this important work does not receive the social recognition it deserves.
230. Moreover,
phenomena such as forced displacement pose major challenges to the
activities and organizational processes of women. For example, the
groups and networks of women interviewed by the Rapporteur in Quibdó
described as follows the impact of forced displacement on their
organizational efforts:
The
organizational processes that women have begun implementing in their
communities tend to disappear, because they focus their attention on how
to survive; and it would seem that the idea of organization makes no
more sense, because it is not viewed as a useful strategy to resolve the
problems they face in these circumstances.
231. The IACHR
reiterates the need to legitimize and protect the actions of these
groups, whose existence and work is threatened by the actors of the
armed conflict. The State does not sufficiently acknowledge the
importance of the work of these organizations, who represent the
interests of women in the public life, and who provide key services
within the zones occupied by the actors of the armed conflict.
The Rapporteur reiterates the observations of the United Nations
Rapporteur regarding this situation:
The
State should provide greater support and protection for human rights
that work with women and on women’s human rights issues. The work
currently underway in the areas of research and the production of
materials on women’s rights, and the documentation of women’s
experiences of conflict, is seen by certain actors as contentious and
adequate thought needs to be given to addressing the risks to the people
who conduct this work and to providing them with appropriate support.
Much valuable work is done in remote areas by women’s organizations at
the grass-roots level and they deserve appropriate protection measures
and support systems. Tackling impunity and prosecuting gender-based
violations will send a message that these crimes will be taken
seriously. Serious priority and commitment must be devoted to
understanding the risks, implementing preventive measures and providing
protection.
H.
Perspectives of truth, justice and reparation
232. The IACHR
has publicly stated that “establishing the truth about what happened
during the conflict, searching seriously for justice through the
determination of the responsibility of the perpetrators vis-a-vis
the victims, and the reparation of the damage cause–far from generating
obstacles for the agreements that can lead to peace building—constitute
basic pillars of its strength.”
233. In the
case of Colombian women, it is crucial that any process oriented towards
peace contemplates the clarification and reparation of the acts of
violence and discrimination they have suffered as part of the armed
conflict. Resolution 1325 of the United Nations Security Council
underscores “the responsibility of all States to put an end to impunity
and to prosecute those responsible for genocide, crimes against
humanity, war crimes including those relating to sexual violence against
women and girls, and in this regard, stresses the need to exclude these
crimes, where feasible from amnesty provisions.”
Similarly, the Convention of Belém do Pará urges States to establish the
judicial and administrative measures necessary to ensure that women who
have been subjected to violence will have effective access to
restitution, reparation of the damage, or other just, effective means of
compensation.
234. The IACHR
has ascertained that for Colombian women truth, justice and reparations
are indispensable prerequisites for any negotiation process destined to
resolve the Colombian armed conflict.
This need has been described by Colombian women’s groups before the
IACHR as follows:
the
recovery of dissident memories in the official history and to rebuild
the circumstances of past acts from all viewpoints. Consciously making
the memory of a particular group invisible is done to ignore those
traces of the past that can prevent the past from being idealized in the
future.
genuine
punishments must be applied to those guilty of serious human rights
violations, to avoid impunity. For this purpose, three rules must be
respected: 1) society must know that the actions committed are serious
crimes and that the persons condemned are responsible for committing
them; 2) it is indispensable for non-combatants who suffered the effects
of these crimes to have rights that society is obligated to protect; and
3) it is essential for recognition of responsibility for crimes to have
a just consequence, through proportional punishment.
235. The IACHR
has publicly stated its observations and concerns regarding the named
Law of Justice and Peace, which establishes the legal framework for the
access to procedural benefits by members of illegal armed groups which
have been involved in the perpetration of serious crimes against the
civil population in the context of the armed conflict.
The State, on the other hand, states that the demobilization process
which is part of the peace-building effort constitutes per se a
manifestation of the fulfillment of its international obligations
regarding human rights.
236. The IACHR
recognizes the challenges confronted by the State to find a negotiated
solution to the Colombian armed conflict. In this context, it is
indispensable that the State respects the rights of women, as well as
those of other vulnerable groups in the clarification and sanction of
acts of violence and discrimination that have occurred, as well as the
adequate reparation of the harm done, through individual measures of
restitution, indemnity and rehabilitation.
[TABLE OF
CONTENTS]
IACHR, Third Report on the Human Rights Situation in Colombia
(1999), Chapter XII: The Rights of Women; International Experts on
Women’s Rights Express their Concern about the “Invisibility” of the
Widespread Gender-Based Violence in Colombia, Press Release IACHR, 2
March 2002.
IACHR, Third Report on the Human Rights Situation in Colombia
(1999), Chapter XII: The Rights of Women; International Experts on
Women’s Rights Express their Concern about the “Invisibility” of the
Widespread Gender-Based Violence in Colombia, Press Release IACHR, 2
March 2002.
Response of the Colombian State to the IACHR Questionnaire on the
Situation of Access to Justice for Women in the Americas, 27 January
2006, p. 5.
National Institute of Legal Medicine, Publication 2004 Forensis:
Data for Life, p. 181.
National
Institute of Legal Medicine, Publication 2004 Forensis: Data for
Life, p. 181.
United Nations Development Fund for Women, Report on the Situation
of Women in Colombia, September 2005, p. 10.
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, Annex III, p. 62, para. 5.
United Nations, Report of the High Commissioner for Human Rights on
the situation of human rights in Colombia, para.
99.
Corporación Sisma Mujer, Report on Gender Justice: From the Armed
Conflict to Judicial Reforms, Colombia 2001-2004, p. 52.
Mesa de Trabajo Mujer y Conflicto Armado, Report on Socio-Political
Violence against Women, Youth and Girls in Colombia: Women and the
Armed Conflict, October 2004, p. 81.
Mesa de Trabajo Mujer y Conflicto Armado, Report on Socio-Political
Violence against Women, Youth and Girls in Colombia: Women and the
Armed Conflict, October 2004, p. 91-102.
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.
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