Tag: Attacks on social leaders

April 9, 2020

Police capture Abel Antonio Loaiza Quiñonez, alias “Azul”, whom the Prosecutor-General’s Office holds responsible for the killing and forced displacement of 11 social leaders and former FARC combatants in Putumayo, mainly in Puerto Guzmán municipality. “Azul,” allegedly a member of a local FARC dissident group, was instrumental in a string of rural social leader killings that the magazine Semana called “the caravan of death.”

Tags: Attacks on social leaders, Dissident Groups, Organized Crime, Protection of Excombatants, Putumayo

April 9, 2020

Statement from the Cooperation Space for Peace (ECP): Stop the Bloodshed and Protect Social Leaders

On March 16, the Cooperation Space for Peace (Espacio de Cooperación para la Paz – ECP) published a statement, signed by 17 international civil society organizations, urging the Colombian government to guarantee protections for social leaders throughout the country.

Social leaders are vital to the communities they represent. The statement argues that in its process of consolidating peace, Colombia cannot tolerate violence against leaders who work in their communities to improve living conditions and protect natural resources.

The statement calls on the Colombian government to provide adequate safety guarantees, ensure justice is enforced, and implement policies that dismantle the criminal groups responsible for the bloodshed against social leaders and their communities. Below is the English text of the statement:

STATEMENT TO THE PUBLIC AND A CALL TO THE COLOMBIAN GOVERNMENT INTERNATIONAL CIVIL SOCIETY ORGANIZATIONS

Bogotá, March 16, 2020. The international civil society organizations signed onto this statement express with deep pain and concern the persistence and increase of threats, attacks, harassment, and murders against individuals and human rights organizations who endorse the peace agreement and, in the process of reincorporation, move from a past of war to a future of reconciliation and peace. 

In the past week, Astrid Conde Gutiérrez (March 5) and Edwin de Jesús Carrascal Barrios (March 10) were assassinated. Thus far, according to the FARC’s political party, these killings amount to 15 former combatants of the FARC killed since the beginning of this year and 190 former combatants killed since the signing of the Peace Accords in 2016. Additionally, the corporation Legal Solidarity (Solidaridad Jurídica) has also reported threats and harassment against other former political prisoners. 

On March 11, a new threat from the Black Eagles (Águilas Negras) against an extensive list of lead social organizations and social leaders became public. It included the Wayuu Women’s Force (Fuerza de Mujeres Wayuu)—a human and territorial rights organization that won the 2017 National Human Rights Defense Award and has been working for ethnic and territorial rights in La Guajira since 2006. 

The lack of protections for social leaders and the lack of comprehensive implementation of the Peace Agreement put the sustainability of the process and the search for new paths towards peace in Colombia at serious risk. Thus, it is urgent for the State, who is responsible for the life of all Colombians, to: 

  • Provide sufficient guarantees for those who actively work towards peace and defend human and territorial rights so they can carry out their legitimate work in an enabling environment. 
  • Ensure that justice is enforced and that those responsible are identified, investigated, and brought before competent authorities. In doing so, a strong message in favor of peace would be expressed through Colombia’s institutions, currently governed by Iván Duque.
  • Rapidly advance the design and adoption of public policies to dismantle criminal organizations that are responsible for killings and massacres or attacks on human rights defenders, social movements, or political movements. Such criminal organizations include paramilitary groups, successor groups, and their support networks (3.4.3 of the Peace Agreement). Civil society organizations have already submitted proposals about this matter.

The international civil society organizations signed onto this statement and members of the Cooperation Space for Peace (Espacio de Cooperación para la Paz) reiterate concern about these incidents and the lack of strong action by the Colombian State to clarify and finally stop this bloodshed in Colombia. 

A country that genuinely aims to consolidate peace cannot tolerate violence against citizens of any kind, particularly against those in civil society who work to improve living conditions and protect territories and natural resources. 

Tags: Attacks on social leaders, FARC

April 3, 2020

Forced Coca Eradication Operations amid the COVID-19 Crisis: Letter to the Colombian Government

On March 30, 2020, the Action for Change (Acciones para el Cambio – APC) coalition published a letter addressed to the Colombian government urging it to stop forced coca eradication operations amid the COVID-19 public health crisis. The letter encourages the government to instead enforce quarantine measures to prevent the spread of the virus among vulnerable farmer communities.

Despite calls to follow quarantine measures, the Government of Colombia has continued forced coca eradication operations in the Catatumbo region and the departments of Caquetá and Putumayo. These operations, the letter states, violate voluntary substitution agreements signed with farmer communities within the framework of the peace accord.

The letter also highlights the increased use of force and violence against farmers and condemns the murders of Marco Rivadeneira and Alejandro Carvajal. Here is the English text of the letter:

THE ACTION FOR CHANGE (ACCIONES PARA EL CAMBIO – APC) COALITION CALLS ON THE NATIONAL GOVERNMENT TO SUSPEND FORCED ERADICATION OPERATIONS DURING THE COVID-19 CRISIS TO GUARANTEE THE RIGHTS OF RURAL POPULATIONS

The COVID-19 pandemic places the Colombian State in a unique situation, in which it must implement rigorous measures to contain the spread of the virus and guarantee its citizens the right to life, health, and survival.

Despite the measures implemented by the national government to address the emergency, several organizations in the Catatumbo region and the departments of Caquetá and Putumayo have denounced intensified forced coca eradication operations, specifically in municipalities where collective agreements were signed under the Comprehensive National Program for the Substitution of Illicit Crops (Programa Nacional Integral de Sustitución de Cultivos de Uso Ilícito, PNIS). To date, the national government has not fully complied with these agreements. Such noncompliance, coupled with uncertain isolation measures to combat the COVID-19 pandemic, has in recent days caused a number of violations to rural populations’ rights.

Amid the national quarantine on March 19, Marco Rivadeneira was assassinated in the Nueva Granada territory, located in Puerto Asís municipality, Putumayo. Marco was a prominent leader who promoted the substitution of crops in the department and sought alternatives for those who had been left out of crop substitution programs. According to data from the Coordinator for Coca, Marijuana and Poppy Growers (Coordinadora de Cultivadores de Coca, Marihuana y Amapola, COCCAM), Marco Rivadeneira’s murder raises to 60 the total number of people killed for leading crop substitution processes in Colombia. Three days after that, on March 22, the arrival of state forces was denounced, as they began to fumigate coca crops with glyphosate using manual spray pumps.

According to public complaints from the COCCAM and the Departmental Coordinator of Social, Environmental and Peasant Organizations of Caquetá (Coordinadora Departamental de Organizaciones Sociales, Ambientales y Campesinas del Caquetá, COORDOSAC), since March 23 in Caquetá, members of the National Army have carried out forced eradication operations using force and gunfire against farmers. Despite the public health crisis, these operations are occurring in the Palestina, Inspección Unión Peneya territory in Montañita municipality.

Finally, according to information from the Peasant Association of Catatumbo (Asociación Campesina del Catatumbo, ASCAMCAT) and the COCCAM, Alejandro Carvajal was killed by members of the National Army in the context of forced and violent eradications last Thursday, March 26. This assassination occurred in the territory of Santa Teresita, La Victoria, which forms part of Sardinata municipality in Norte de Santander. The National Army has already assumed responsibility for said killing. 

Faced with the aforementioned context, the APC coalition urges the Colombian government to:

  1. Investigate the incidents and punish those responsible for the killings of Marco Rivadeneira and Alejandro Carvajal. Additionally, investigate and punish the members of the National Army who use threats and force against rural populations in Catatumbo, Caquetá, and Putumayo.
  1. Implement the mandatory, preventative measures ordered by the President and suspend forced eradication efforts to prevent the spread of COVID-19. The rural population is already at risk and its right to health and food security needs to be guaranteed.
  1. Respect and advance compliance with voluntary substitution agreements signed with farmer communities.

SIGNED

THE ACTION FOR CHANGE (ACCIONES PARA EL CAMBIO – APC) COALITION

Tags: Attacks on social leaders, Caqueta, Catatumbo, Coca, coronavirus, Illicit Crop Eradication, Putumayo

April 1, 2020

Over 21 International Civil Society Organizations Urge the Colombian Government to Investigate the Assassination of Marco Rivadeneira

On March 25, over 21 international civil society organizations signed a letter calling on the Government of Colombia to investigate the assassination of Marco Rivadeneira, a community leader from Putumayo, Colombia. Social leaders like Rivadeneira – who strive to fully implement the 2016 Peace Accords – continue to be targeted for working valiantly to bring human rights protections and peace to their communities. Sadly, Rivadeneira was killed on March 19, 2020, by three armed men who entered a meeting where he was discussing voluntary eradication agreements between farmers and the Colombian government.

The letter urges the Colombian government to effectively investigate and prosecute the assassinations of social leaders, especially amid the emergency situation created by the COVID-19 pandemic. The letter also calls on the U.S. government to vigorously support the Peace Accord implementation in Colombia. You can read the English version of the letter below. (Versión en español).

International Civil Society Organizations Call for the Colombian Government to Investigate Killing of Marco Rivadeneira and to Protect Human Rights Defenders
March 25, 2020

We are grieved to learn of the death of Marco Rivadeneira, a community leader in Putumayo, Colombia. Rivadeneira was killed on March 19, 2020, by three armed men who entered a meeting where Rivadeneira and other community members were discussing voluntary eradication agreements between farmers and the Colombian government.

Rivadeneira was a human rights defender, a promoter of the peace accords, and a proponent of voluntary coca eradication efforts in his rural community. He was a leader of the Puerto Asis Campesino Association and a representative to the Guarantees Roundtable (a process intended to protect human rights defenders). Rivadeneira was also the representative of his region for the national network of 275 Colombian human rights groups known as the Coordinación Colombia Europa Estados Unidos. Coordinación and its members are close partners of many of our organizations.

This killing “underscores once again the lack of security guarantees for the work of human rights defenders and the lack of political will on the part of the Colombian government to dismantle the criminal structures and paramilitary organizations that continue to attack social leaders and those who defend peace in the countryside,” as Coordinación asserts. The Coordinación urges the government to act decisively to ensure that “enemies of peace” do not use the emergency situation created by the COVID-19 virus to continue to exterminate social leaders.

107 social leaders were assassinated in 2019, according to the UN High Commissioner for Human Rights office in Colombia. One out of three human rights defenders killed in 2019 (documented by Frontline Defenders) was from Colombia. 2020 has started off with a wave of violence against them.

We urge the Colombian government to ensure this crime is effectively investigated and prosecuted and to communicate what steps are being taken to bring the perpetrators to justice. We also urge the Colombian government to provide effective guarantees for human rights defenders, social leaders, and those working to build peace in Colombia. This starts with the vigorous implementation of the 2016 peace accords in Colombia, including convoking the National Commission of Security Guarantees to create and implement a plan to protect communities and social leaders at risk.

We urge the U.S. government to vigorously support peace accord implementation in Colombia. This includes adhering to the drug policy chapter of the accord which mandates working closely with farming communities to voluntarily eradicate and replace coca with government assistance, rather than returning to ineffective and inhumane aerial spraying programs.

Colombia must not lose more leaders like Marco Rivadeneira who have worked so valiantly to bring human rights protections and peace to their communities.

Tags: Attacks on social leaders, Human Rights, Human Rights Defenders, Illicit Crop Eradication

March 25, 2020

March 19, 2020

  • Marco Rivadeneira, a well-known campesino leader who had accompanied peace accord-mandated crop substitution programs in Putumayo, is killed in Puerto Asís municipality. Three men took Rivadeneira from a crop-substitution meeting by force; his body was found shortly afterward.
  • The UN High Commissioner for Human Rights’ office, the OAS Mission in Support of the Peace Process, and the Truth Commission are among organizations issuing statements rejecting the murder.
  • Three days after Rivadeneira’s murder, the government steps up forced manual eradication operations in Putumayo’s coca-growing areas.

Tags: Attacks on social leaders, Coca, Crop Substitution, Illicit Crop Eradication, Putumayo

March 19, 2020

A UN Special Rapporteur’s Report Caused Tensions with Colombia’s Government. Here’s What It Said.

On December 26, 2019, the UN Special Rapporteur on the Situation of Human Rights Defenders, Michel Forst, released a report on the challenges that rights defenders are facing in Colombia. The report concluded that social leaders are in grave danger, and that the risks they face have increased in the three years since the signing of the Peace Agreement. The report provides analysis and recommendations that the Colombian government should follow to safeguard vulnerable communities throughout the country. The Government of Colombia, however, vehemently disagreed with Forst’s findings. It produced a 20-page response to the report, submitting it to the UN Human Rights Council. In the response, the government blames non-state armed actors for the attacks on defenders, takes issue with numerous phrases in Forst’s report, and claims that the report’s data is incomplete, limited, and biased.

Forst’s report, along with the UN High Commissioner for Human Rights’ February 25 report on the country’s 2019 overall situation, caused tensions between the government of President Iván Duque and the United Nations. Forst was barred from entering the country in 2019 to complete research, which prevented him from presenting a more up-to-date version to the Council. High government officials continue to downplay the gravity of the security situation faced by social leaders—including Interior Minister Alicia Arango, who said on March 3 that more people are killed in the country for cellphone thefts than for being social leaders or human rights defenders.

What is in the report that so angered the Colombian government? Below are five main points from Special Rapporteur Michel Forst’s document.

  1. Assassinations and other attacks on human rights defenders are constant.

Assassinations of human rights defenders and social leaders—who work actively to implement the 2016 Peace Agreement—are constant and continue to escalate at alarming rates. According to the Special Rapporteur’s report, as of June 30, 2019, the Ombudsman’s office (Defensoría) has reported over 486 assassinations since 2016. Other international observers and civil society organizations have reported different statistics on the total number of assassinations using distinct methodologies; however, rather than debating the methods of documentation, the report stressed that efforts should focus on understanding how to bolster the security situation for human rights defenders in Colombia.

2. Impunity provides an incentive to continue carrying out violations.

There is a high level of impunity for killings of human rights defenders and social leaders. In his report, the Special Rapporteur notes that cases that remain “with no establishment of guilt” exceed 89%, indicating a lack of recognition and justice for the victims and their families. The report suggests that this lack of recognition for victims provides a clear incentive for perpetrators to continue attacking social leaders.

3. Stigmatization and criminalization are common.

Political leaders, public officials, and other influential figures stigmatize and criminalize human rights defenders and social leaders, often characterizing them as guerrillas, guerrilla sympathizers, or anti-development terrorists. The report specifically points to a public declaration from the Governor of Antioquia, who stated, “Criminal gangs with close ties to the Gulf Clan illegal armed group and individuals linked to the National Liberation Army (ELN) were behind the miners’ strikes in Segovia and Remedios in 2018.” The report also highlights previous statements by the Minister of Defense that conflate public protests with organized crime activity. Mr. Forst argues, “Such statements undermine human rights defenders and expose them to greater risks and violations.”

4. Rural, ethnic, environmental, and women human rights defenders are among the most targeted.

Leaders in Colombia’s rural territories are among the most frequent targets of violations and assassinations. In its recommendations, the report highlighted the need to fortify security for social leaders who defend land, environmental, indigenous, and women’s rights. The report also notes a disproportionate number of attacks and assassinations of members of community action councils, ethnic leaders, victim’s rights defenders, farmers, land restitution claimants, and human rights lawyers.

5. Public and private companies continue to contribute to the human rights crisis.

National and international corporations operating in rural communities are adversely affecting the human rights situation in Colombia. Business interests and activity have resulted in the intimidation, criminalization, forced displacement, and killing of social leaders in their own communities. According to the report, 30% of recorded attacks occurred in areas with large-scale mining projects, while 28.5% took place in areas where palm oil, banana, and sugar cane agribusinesses operate.

Tags: Attacks on social leaders, Human Rights, Human Rights Defenders, United Nations

March 12, 2020

Colombian Social Leaders at Great Risk in Chocó, Arauca, Cauca and Elsewhere

On March 4, unknown individuals killed Afro-Colombian Arley Hernan Chala, the bodyguard of prominent human rights defender and Afro-Colombian leader Leyner Palacios Asprilla. Leyner currently serves as the secretary general for the Interethnic Commission for Truth in the Pacific Region (Comision Interétnica de la Verdad de la Region Pacifico, CIVP) and is an active member of the Afro-Colombian Peace Council (CONPA) and Ethnic Commission. In our urgent action dated January 9, we urged U.S. policymakers and others to act to prevent harm from being done to ethnic leaders from the Bojayá region of Chocó Department in Colombia’s Pacific.

We highlighted the deteriorating security situation faced by Leyner Palacios Asprilla and numerous other cases in a monthly urgent action alert on WOLA’s website.

Tags: Attacks on social leaders, Human Rights, Human Rights Defenders

March 10, 2020

March 4, 2020

  • Assailants in Cali kill Arley Hernán Chalá, a bodyguard of prominent Chocó social leader Leyner Palacios, who is not with him at the time. Chalá is shot 18 times outside his home. “This must have been a message for me and for our process,” says Palacios, a survivor of the 2002 Bojayá massacre who was forced to leave Chocó in February after receiving threats. The threats continued even after Palacios met with President Duque and foreign ambassadors in January.

Tags: Afro-Descendant Communities, Attacks on social leaders, Valle del Cauca

March 4, 2020

March 4, 2020

  • Michel Forst, the UN’s Special Rapporteur on the Situation of Human Rights Defenders, presents his report on Colombia to the UN Human Rights Council in Geneva. Forst had a difficult relationship with the Duque government, which prevented him from traveling to the country in 2019 to do follow-up work on his preliminary findings.

Tags: Attacks on social leaders, Human Rights, UN

March 4, 2020

“Pressure Mr. Duque’s Administration to Protect Social Leaders”

Here is the text of a letter to the editor, published in the March 3 Washington Post, that WOLA Director for the Andes Gimena Sánchez-Garzoli wrote in response to an earlier op-ed from Colombian President Iván Duque.

Helping Venezuela’s Refugees

Colombian President Iván Duque’s op-ed, and his subsequent meeting with President Trump, focused on calling on the international community to support efforts to alleviate the Venezuelan migration crisis. But the international community must also take note of a pressing issue conveniently not mentioned by Mr. Duque: the systematic killing of social activists and human rights defenders in Colombia.

More than 40 social activist leaders have been killed in Colombia this year, adding to the hundreds killed since the signing of the 2016 peace accords. These individuals are often the only people working to implement peace in the regions of the country where the conflict was most violent.

Mr. Duque’s administration has failed to address threats against social leaders, identify the intellectual authors of these killings and implement key points of the Colombia peace accords. The impact of these failures has been felt acutely in Afro-Colombian and indigenous communities, which have experienced rising insecurity and forced internal displacement.AD

The Venezuelan migration crisis deserves attention and resources. But in providing that assistance, the international community must recognize that it simultaneously needs to pressure Mr. Duque’s administration to protect social leaders. After all, if Mr. Duque’s government can’t commit to protecting the very people it needs to sustain Colombia’s long-sought-after peace, how will it fare in providing for the security of Venezuelans in vulnerable situations?

Gimena Sánchez-Garzoli, Washington
The writer is an advocate for human rights in Colombia.

Tags: Attacks on social leaders, Venezuela Crisis

March 4, 2020

March 3, 2020

  • While on a visit to Putumayo, Colombia’s recently named interior minister, Alicia Arango, makes comments downplaying the severity of attacks on social leaders and human rights defenders. “More people die here from cellphone thefts than for being human rights defenders,” she says. “It sounds like a lie, but we have to defend all Colombians and we have to defend the leaders too, of course, we’re working on that.”
  • Later, Arango tells W Radio that she refuses to retract her comments: “I don’t understand why there’s so much scandal when what I want to say is that a lot of people are killed in Colombia.” She adds that “the motive [for the killings] isn’t only that they’re leaders. What happens is that we’re a violent country, dreadful.”
  • On March 10, networks of human rights defenders boycott a scheduled meeting with Arango in Cauca, the department that has suffered the most murders of human rights defenders and social leaders.
Photo source: Ministry of Interior.

Tags: Attacks on social leaders, Human Rights

March 3, 2020

Notes on the UN High Commissioner for Human Rights’ Annual Report

On February 25 the Colombia office of the UN High Commissioner for Human Rights (OHCHR) released its annual report on the human rights situation in Colombia. It is a very useful document, full of hard-to-obtain statistics. It also makes some reasoned, high-credibility judgments about controversial topics like implementation of the peace accord and government efforts to protect threatened social leaders.

The Colombian Government didn’t like the report. President Iván Duque criticized “imprecisions” and “not telling the truth” about the government’s performance in implementing the FARC peace accord’s rural provisions, adding that the report’s recommendation that the National Police pass from the Defense Ministry to the Interior Ministry was an “infringement of sovereignty.” High Counselor for Stabilization Emilio Archila, who is charged with implementing many peace accord commitments, said “I have no problem with being told that things are being done badly, but blunders [chambonadas] like this don’t lead to anything.”

This is not the first time that Colombia’s government and the OHCHR have had public disagreements since the office’s establishment in 1996. This won’t be the last time, either. The Office’s injection of inconvenient facts and perspectives into the high-level debate shows why its continued presence in Colombia, with a strong mandate, is so important.

Here are some highlights from the report:

On attacks on social leaders and human rights defenders

In 2019, OHCHR documented 108 killings of human rights defenders, including 15 women and two LGBTI defenders.

The Timely Action Plan initiated by the Ministry of Interior in December 2018 was developed to improve such coordination. To increase the effectiveness of this Plan, broader and more sustained participation of regional authorities and civil society should be prioritized.

Killings of women human rights defenders increased by almost 50 per cent in 2019 compared to 2018.

Of the 108 killings documented by OHCHR, 75 per cent occurred in rural areas; 86 per cent in municipalities with a multidimensional poverty index above the national average; 91 per cent in municipalities where the homicide rate indicates the existence of endemic violence; and 98 per cent in municipalities with the presence of illicit economies and ELN, other violent groups and criminal groups. Fifty-five per cent of these cases occurred in four departments: Antioquia, Arauca, Cauca and Caquetá. The sectors most affected continued to be those defending the rights of communities and ethnic groups, amounting to 65 per cent of all killings and sustaining a trend documented by OHCHR since 2016.

OHCHR continued to document attacks against representatives of Community Action Councils (JACs). 16 Especially in rural areas, JACs serve as the main body for communities’ political participation and the promotion of development and human rights initiatives. While noting a significant reduction from 2018, when it verified 46 cases, OHCHR documented 30 killings of representatives of JACs in 2019.

On the government’s response to these attacks

OHCHR appreciated the efforts of the Office of the Attorney General to investigate the cases it reported and noted some progress in 55 per cent of these cases, all of which occurred between 2016 and 2019. However, challenges persisted in the prosecution of intellectual authors of attacks against human rights defenders. The accused had been convicted in 16 per cent of the cases; 20 per cent were at trial stage; indictments had been issued in 7 per cent of cases; and a valid arrest warrant had been delivered in 11 per cent of cases.

The National Commission on Security Guarantees should be more regularly convened in order to fulfill its full role pursuant to the Peace Agreement, particularly concerning the dismantlement of criminal groups that succeeded the paramilitary organizations and were often responsible for killings of human rights defenders.

The Intersectoral Commission for Rapid Response to Early Warnings (CIPRAT) should sharpen its focus on human rights defenders, especially by defining coordinated and concrete measures to implement actions based on recommendations of the Ombudsman’s early warning system.

The Ministry of Interior’s National Protection Unit (UNP) made significant efforts to respond to the extraordinarily high demand for individual protection measures. Still, measures granted were not always adequate for the rural contexts in which most human rights defenders were killed. In 2019, six human rights defenders were killed in rural areas of Cauca, Chocó, Nariño and Risaralda despite protection measures. Prevention and early warning should be prioritized over temporary, individual and reactive protection measures, which do not address the structural causes behind the attacks.

OHCHR highlights the need to increase collective protection measures. Such measures constitute a prevention mechanism, inasmuch as they seek to address risks faced by communities and organizations through the coordination of different authorities to advance human rights guarantees. Whereas the 2019 budget for collective protection measures represented merely 0.22 per cent of the budget of UNP, the implementation of collective protection measures was often hampered by coordination issues between national, departmental and municipal institutions.

On the military and human rights

OHCHR documented 15 cases of alleged arbitrary deprivation of life in Antioquia, Arauca, Bogotá, Cauca, Guaviare, Meta, Nariño, Norte de Santander, Santander and Valle del Cauca. This was the highest number of such cases OHCHR recorded since 2016. In 13 cases, the deaths appeared to have been caused by unnecessary and/or disproportionate use of force. According to information documented by OHCHR, in 11 cases the deaths occurred in military operations related to public security involving anti-narcotics and law enforcement activities. In six cases, the deaths were preceded by law enforcement activities that potentially could have allowed for the arrest of the suspects and thus avoided their killing. In one case, OHCHR observed that weak command and control appeared to result in the killing and attempted enforced disappearance of one person. The military was allegedly responsible in 10 cases and the police in four, while there was alleged joint responsibility for one killing. In all 15 cases, the Office of the Attorney General initiated investigations, but these did not appear to follow the Minnesota Protocol.

OHCHR documented cases of alleged arbitrary deprivation of life by members of the military and police. In following up on these cases, OHCHR was concerned that the military criminal justice system continued to request jurisdiction over such investigations. In some instances, the Office of the Attorney General even referred cases to the military justice system. In the case of El Tandil, Nariño, the Office of the Attorney General did not take the necessary actions to retain the case within its jurisdiction.

On blurring the lines between military and police

OHCHR observed an increased resort to the military to respond to situations of violence and insecurity. Despite existing protocols, norms and public policies regulating the participation of the military in situations related to public security, these were not fully applied in a range of settings, such as in rural areas in Arauca, Antioquia, Caquetá, Cauca, Córdoba, Cesar, Chocó, Meta, Nariño and Norte de Santander. Nor were they fully applied in urban centres, such as Convención, Medellín, Santa Marta and Valledupar, where the military conducted anti-narcotics operations and other law enforcement activities. Military training, equipment and the nature of military duties are inappropriate in such circumstances. According to police statistics, homicides increased in municipalities in Arauca, Norte de Cauca, Catatumbo and Sur de Córdoba, despite an increased military presence.

On 15 September, the General Command of the Colombian Armed Forces’ announcement establishing anti-riot squads composed of professional soldiers raised questions concerning Colombia’s respect for the Inter-American Commission on Human Rights’ guidance related to the responsibility of the police, rather than the military, to maintain public order.

In line with the need to strengthen the police’s institutional capacity, OHCHR recommends transferring oversight of the police to the Ministry of Interior.

On “stabilization” and establishing state presence in ungoverned territories

Efforts to establish a comprehensive State presence, particularly of civilian authorities, including the Office of the Attorney General and the police have been insufficient, especially in rural areas. The five Strategic Zones for Comprehensive Intervention established by the Government through Decree 2278 of 2019 were created to address this vacuum. However, OHCHR observed that State presence in these areas has remained predominantly military and that the pace of establishing a stronger presence of civilian authorities was slow.

The Office of the Attorney General is present in almost half of Colombia’s municipalities. Nevertheless, it continued to face difficulties to reach rural areas, especially in Antioquia, Arauca, Amazonas, Caquetá, Cauca, Chocó, Guaviare, Huila, Meta, Nariño and Vaupés, greatly affecting its capacity to guarantee access to justice for all.

In 2018, 16 PDETs were formulated with high levels of community participation, including indigenous peoples and Afro-Colombian communities. While this generated significant hope for the effective implementation of PDETs, during the reporting period, OHCHR observed few advances and minimal coordination with other relevant programmes, such as the Collective Reparation Plan contained in the Victims and Land Restitution Law and the Comprehensive National Programme for the Substitution of Illicit Crops (PNIS).

[T]he Comprehensive Rural Reform should be supported by an adequate budget to fully implement all of the plans, entities and mechanisms established in the Peace Agreement, rather than a limited focus on PDETs. However, the 2020 budget was reduced for all the institutions responsible for implementing the Comprehensive Rural Reform.

On illicit crop eradication and substitution

Police continued to recruit civilians to eradicate illicit crops. This practice exposes civilians to loss of life or injury due to the presence of anti-personnel mines and unexploded ordnance among the crops. Between January and November, 24 civilians and 8 antinarcotics police officers were affected by such devices in Tumaco, Nariño, while eradicating illicit crops.

OHCHR highlights the recent determination, in a joint report by the Government and United Nations Office on Drug and Crime (UNODC), that 95 per cent of families participating in PNIS fulfilled the voluntary eradication requirement, whereas 0.4 per cent returned to the cultivation of illicit crops.

Tags: Attacks on social leaders, Civil-Military Relations, Human Rights, Human Rights Defenders, Illicit Crop Eradication, Military and Human Rights, Stabilization, UN

February 29, 2020