WOLA’s latest urgent update on the situation of human rights defenders and social leaders in Colombia.
WOLA’s latest urgent update on the situation of human rights defenders and social leaders in Colombia.
On November 24, 2020—four years after the signing of the 2016 peace accord between the Colombian State and the Revolutionary Armed Forces of Colombia (FARC)—Defend the Peace Colombia (Defendamos la Paz Colombia, DLP) published a statement addressed to Ambassadors before the United Nations Security Council. DLP, a broad coalition comprised of many sectors of Colombian civil society and of which WOLA forms part, urged the Security Council to demand a greater commitment to peace accord implementation from the Colombian government.
DLP’s statement expressed deep concern with ongoing threats against the physical and legal security of FARC ex-combatants, the assassinations of social leaders, and a disturbing trend of massacres. Rather than taking the measures in the accord to prevent and condemn violence in the territories, the government uses the violence as an excuse to deepen its campaign to discredit the peace process. The coalition also noted that in international mediums like the Security Council, the government maintains a pro-peace discourse while simultaneously engaging in an anti-peace discourse domestically.
The window of opportunity for peace remains open. DLP trusts in the Security Council’s cooperation to use existing mechanisms to verify and defend human rights throughout this path to peace and to demand the Colombian government hold to its commitments.
A translation of the full statement is below.
The original Spanish version is here.
We address you as Defend the Peace, Colombia’s peace movement, to denounce the threats against the physical and legal security of ex-combatants of the Revolutionary Armed Forces of Colombia (FARC-EP), as well as the assassinations of social leaders in the territories.
1. Physical safety at risk
The latest report of the United Nations Verification Mission, presented to the Security Council in September 2020, says: “since the signing of the peace accord, the Mission has verified 297 attacks against former members of the FARC-EP, including 224 murders (of which 4 were women), 20 disappearances, and 53 attempted murders (of which 4 were women)”. From October to November, the FARC-EP reported 18 additional murders.
So far in 2020, the Office of the United Nations High Commissioner for Human Rights in Colombia received information on 110 cases concerning killings of human rights defenders, of which 51 have been confirmed and the others are under verification. As of October 31, of the 61 massacres reported this year, 51 were documented with 195 deaths.
The United Nations Verification Mission is in charge of verifying point 3.4 of the accord, which outlines the security guarantees for ex-combatants, human rights defenders, social and political movements. It also addresses the struggle against successor paramilitary organizations and includes unfulfilled government commitments.
The National Commission for Security Guarantees, created by the accord, is meant to formulate public policy on security and crime in order to protect the people involved in the implementation of the accord. To date, this body has yet to formulate this public policy. For two years, the President, who presides over the Commission, only attended three meetings; the Special Jurisdiction for Peace was forced to take action and enforce precautionary measures for ex-combatants and summon the meeting.
Not only has the government failed to take the measures in the accord to prevent and condemn violence in the territories, the government also uses the violence as an excuse to deepen its campaign to discredit the peace process, insisting that the causes of violence lie with the accord. On the contrary, the peace accord provides the elements necessary to stop the violence, of which the government continues to turn its back on.
It is important to note that a significant number of assassinations and massacres mainly take place where the Armed Forces have deployed the most troops.
In the 1980s, Colombia experienced the extermination of a political party with the murders of more than 2,500 members of the Patriotic Union. The defenders of peace ask the Security Council to help avoid repeating history.
2. Legal security at risk
Colombia’s transitional justice system—the Comprehensive System of Justice, Truth, Reparation and Guarantees of Non-Repetition—is under attack by President Duque, his government and the ruling party.
In open interference with the independence of the judicial branch, President Duque has dictated orders to the Special Jurisdiction for Peace.
Several paramilitary commanders have expressed a willingness to submit to the Special Jurisdiction for Peace. The President told the judges that “in that justice system [the transitional justice system] there is no room for members of paramilitary groups, as they can submit to the ordinary justice system under other normative frameworks “.
The Colombian government demands the truth from the FARC-EP. But it also outright rejects the truth when it is told. Members of the FARC-EP not only confessed their responsibility in the murder of conservative leader Álvaro Gómez Hurtado, but also pledged to deliver evidence during pertinent procedural hearings.
The President dismissed this act, asserted that the country is still waiting to know the real perpetrators and causes, demanded that the JEP make a prompt determination of the veracity of the claims, and suggested the JEP undertake an investigation for false self-incrimination. The President insists that “it was the murderous bullets of drug trafficking,” and not the FARC-EP that killed Gómez Hurtado, in attempts to delegitimize the JEP.
The governing party presented a project to reform the Special Jurisdiction for Peace, announced a popular referendum to repeal it, and proposed changing the composition of the Truth Commission. President Duque filed objections to the statutory law of the JEP, which failed in Congress and ultimately delayed the start of processes for months.
The onslaught of the government and its party against transitional justice and against the peace accord does not stop.
As such, Defend the Peace brings to the Security Council’s attention the Colombian government’s responsibility, by omission, of attacks and assassination attempts against those building peace. We also bring to its attention the opposition against the transitional justice system—the backbone of the peace accord—by the President, his representatives, and his political party. We note that in international mediums like the Security Council, the government maintains a pro-peace discourse. In Colombia, the government maintains an anti-peace discourse.
We’ve seen how several post-conflict contexts make the transition from Chapter VI to Chapter VII when one or more parties do not comply with what was agreed upon. It is our conviction that, if effective and immediate measures are not taken to prevent killings and massacres as well as guarantees aren’t made for the legal security of ex-combatants, the international commitments assumed by the Colombian state could end up turning the Colombian case into an “international threat to peace and security,” in the terms developed by the Security Council’s practice in the last decade.
Defend the Peace, a platform that integrates a broad coalition comprised of diverse and representative sectors of Colombian society, brings together the peace accord negotiators from the government and the FARC-EP, social leaders and human rights defenders, victims’ and women’s organizations, Indigenous and Afro-descendants, ex-ministers and congressmen, unions, businessmen, and intellectuals.
We respectfully request that you demand from the Government of Colombia a greater commitment to the peace accord, its implementation, its signatories, and the new generation of Colombians. Our window of opportunity for peace remains open; we trust in the cooperation of the Security Council not to close it.
We are united by the desire for peace and we know that we have mechanisms from the United Nations to verify and defend human rights and to accompany us in this path to peace.
On August 27, the Cooperation Space for Peace (Espacio de Cooperación para la Paz – ECP) published a statement, signed by WOLA and 28 other international and national civil society organizations, urging the Colombian government to effectively advance investigations that identify the material and intellectual authors behind the recent upsurge in massacres, of which many include adolescents.
The State’s civil presence is limited or wholly absent in the areas where the massacres occurred, which has enabled illegal armed groups to seize territorial control, intimidate civilians, and profit from illicit activities. The statement argues that fully and comprehensively implementing the 2016 peace accord and engaging in peace dialogues with the National Liberation Army (Ejército Nacional de Liberación, ELN) would help dismantle the criminal organizations responsible for these massacres.
You can read the original, Spanish version of the statement here.
Below is the English text:
International Civil Society Organizations condemn the massacres of children and adolescents that recently occurred in Colombia and demand an effective and immediate response from the Colombian State that will halt this humanitarian crisis.
As international civil society organizations, we denounce the upsurge in violence against children and adolescents. We also condemn the assassinations of human rights defenders, community leaders and individuals undergoing the reintegrationprocess, to whom the State has a responsibility according to the Declaration of the rights and duties of the individuals, institutions, and groups that promote and protect human rights and universally recognized fundamental liberties.
We offer our condolences and solidarity to the victims’ families during these difficult and painful moments.
So far this year, 33 massacres and 97 assassinations of human rights defenders have been documented by the United Nations, of which 45 have been verified. The majority of the massacres have been committed in rural areas of the Antioquia, Cauca, Nariño, Norte de Santander, Putumayo, Chocó, Córdoba, Valle del Cauca, Casanare, Atlántico, Arauca, Huila, Magdalena, Tolima, Caldas, and Meta departments. These are territories where the State’s civil presence is limited or wholly absent. This has enabled illegal armed groups to seize territorial control, intimidate civilians, and profit from illicit activities linked to drug trafficking.
The adoption of a public policy for the dismantling of criminal organizations, including those deemed successors and support networks for paramilitary groups, within the implementation of the Final Peace Accord with the FARC as well as the seeking of a negotiated agreement with the ELN, is necessary to ensure a definitive end to Colombia’s armed conflict.
As international civil society organizations, we exhort the Colombian government and State to fulfill their constitutional duty as well as their international obligations derived from the United Nations Convention on the Rights of the Child and the Security Council Resolution 1612 of 2005, which granted special protection to children and adolescents. The Colombian government and State are urged to make quick and effective advances in the investigations that will identify each of the material and intellectual authors of these crimes and bring them to justice to be tried and convicted.