Category: News

  • Ethnic Focus in the Special Jurisdiction for Peace

    Ethnic Focus in the Special Jurisdiction for Peace

    [cmsms_row data_width=”boxed” data_padding_left=”3″ data_padding_right=”3″ data_color=”default” data_bg_color=”#ffffff” data_bg_position=”top center” data_bg_repeat=”no-repeat” data_bg_attachment=”scroll” data_bg_size=”cover” data_bg_parallax_ratio=”0.5″ data_color_overlay=”#000000″ data_overlay_opacity=”50″ data_padding_top=”0″ data_padding_bottom=”50″][cmsms_column data_width=”1/2″][/cmsms_column][cmsms_column data_width=”1/2″][cmsms_button button_link=”https://www.abcolombia.org.uk/wp-content/uploads/2020/03/Ethnic-Focus-in-the-Special-Jurisdiction-for-PeaceFinal.pdf” button_target=”blank” button_text_align=”right” button_style=”cmsms_but_icon_dark_bg” button_font_family=”Roboto+Condensed:400,400italic,700,700italic” button_font_size=”16″ button_font_weight=”100″ button_font_style=”normal” button_border_style=”solid” button_bg_color=”#2e8c73″ button_border_color=”#2e8c73″ button_bg_color_h=”#e2b900″ button_text_color_h=”#2e8c73″ button_border_color_h=”#2e8c73″ button_icon=”cmsms-icon-download-outline” animation_delay=”0″]Document in English PDF[/cmsms_button][/cmsms_column][/cmsms_row][cmsms_row data_width=”boxed” data_padding_left=”3″ data_padding_right=”3″ data_color=”default” data_bg_color=”#ffffff” data_bg_position=”top center” data_bg_repeat=”no-repeat” data_bg_attachment=”scroll” data_bg_size=”cover” data_bg_parallax_ratio=”0.5″ data_color_overlay=”#000000″ data_overlay_opacity=”50″ data_padding_top=”0″ data_padding_bottom=”50″][cmsms_column data_width=”1/1″][cmsms_text animation_delay=”0″]

    In recent months the Special Jurisdiction for Peace (JEP) has started to get into full swing. We have seen interesting developments including meetings between the JEP and Indigenous Authorities to reach a consensus on how the JEP and the Indigenous Justice System will work together on Transitional Justice.

    The Peace Accord in establishing the principles for the JEP made two innovative decisions that have set a precedence for future Peace Processes in the global arena.

    • One that has been discussed and widely published: a gender perspective and no amnesties for conflict related sexual violence.
    • The other which has had less of an international profile, is the “Ethnic Focus”.

    The Peace Agreement recognises Indigenous Rights in relation to the Transitional Justice System and respects the Indigenous Justice System.

    The Ethnic Focus

    The ethnic focus is one of the guiding principles for the implementation of the Peace Agreement. In particular, the Peace Agreement, in its ethnic chapter, establishes that the JEP must incorporate ethnic and cultural perspectives and respect the right to participation and prior consultation with indigenous peoples where appropriate. In addition, it noted that the JEP should create mechanisms for articulation and coordination with the Special Indigenous Jurisdiction.

    A recent Newsletter by the Colombian Commission of Jurists they outline how this should work in practice.

    Following the Peace Agreement, the rules to be implemented by the JEP include measures and mechanisms aimed at guaranteeing an ethnic focus. Equally these must comply with existing laws governing Indigenous rights.

    The JEP should apply the ethnic focus to all its actions and implement mechanisms of interjurisdictional coordination and dialogue.

    The ethnic focus is a guiding principle for the JEP, so it must be applied in all its actions, procedures and decisions (art. 1, paragraph c, Law 1922 of 2018). Thus, the JEP should identify the discrete impact of the armed conflict on ethnic peoples, their fundamental and collective rights (art 18, Law 1957 of 2019).  In the same way, the Recognition Chamber (Sala de Reconocimiento),  in presenting resolutions of its conclusions and defining the most serious cases or the most representative actions committed against indigenous peoples in the context of the armed conflict, should apply criteria that allow it to account for both the differentiated impact on indigenous peoples, as well as, their relationship with the risk of physical and cultural extermination (art. 79, paragraph m, Law 1957 of 2019).

    Judicial integration is an interpretative criterion for the JEP. This means that the JEP should respect the judicial functions of traditional indigenous authorities in their territorial area, as set out in the existing rules, provided that they do not conflict with the legal framework implemented by the JEP (art. 3, Law 1957 of 2019). The JEP will have a prevalence only in matters within its competence, but the State must consult with indigenous peoples through the mechanisms of articulation and coordination with the Special Indigenous Jurisdiction (art. 35, Law 1957 of 2019). In the event of a conflict of jurisdiction (arts. 98 and 99 of the JEP Internal Regulations), the JEP and the Indigenous Authorities will develop an interjurisdictional dialogue in order to resolve it in an agreed manner. This dialogue has the following steps:

    Figure 1. The Stages of the Interjurisdictional Dialogue between the Special Jurisdiction for Peace (JEP) and the Special Indigenous Jurisdiction in order to resolve conflicts of responsibility.

    Produced by Colombian Commission of Jurists from: Protocol 001 of 2019 from the Ethnic Commission

    Indigenous communities, as collective subjects, can be considered to be victims and to acquire the quality of special participants in the proceedings before the JEP, for individual or collective suffering of harm.  (Protocol 001 of 2019 from the Ethnic Commission).

    The ethnic authorities can be recognised as special participants in the JEP, whenever the crime has affected one or more members of its community (art. 4, Law 1922 of 2018). On being recognised as special participants, they have the right to participate in the proceedings before the JEP and act in representation of the collective ethnic subject in order to safeguard their interests, to accompany the victims and the appearing parties that they integrate, and defend their legal code. (Order 079 from 12th November 2019, Recognition Chamber).

    The members of the Indigenous Peoples have the right to use their official language in all proceedings before the JEP in order to assure their full participation. For this, the JEP should guarantee access to translators and interpreters that have been previously accredited by the indigenous authorities before the JEP (art. 12, Law 1957 of 2019; art. 95, Internal Regulation of the JEP).

    In the proceedings before the Recognition Chamber, the JEP can consider the restorative practices of the Indigenous Justice System, in order to promote a dialogical construction of the truth and to search for harmonisation, healing and the development of agreements (art. 27, Law 1922 of 2018).

    The JEP must implement mechanisms for articulation and coordination with the Special Indigenous Jurisdiction (art. 35, Law 1957 of 2019). These mechanisms are established in the Internal Regulation of the JEP (article 96) and are as follows:

    Figure 2. Mechanisms for articulation and coordination with the Special Indigenous Jurisdiction

    Intercultural and interjurisdictional communication.
    The bodies of the JEP have a duty to promote intercultural and interjurisdictional communication with the ethnic authorities, especially in order to reach agreements about carrying out actions in collective territories.
    Notification to the ethnic authority. When the bodies of the JEP are made aware of cases involving indigenous peoples, they must notify both the person and their ethnic authority. They must use effective mechanisms that address the geographical reality and the cultural affiliation, ensuring access to advice and guidance.
    Withdrawal of the ethnic authority’s jurisdiction. When the JEP notifies an Indigenous authority that it is, or was, involved in a past or present case, they must state whether they relinquish jurisdiction over it. The JEP must grant them reasonable and appropriate time to make this statement. Accompaniment to the ethnic authority. In the case that the appearing party or the victim request the presence of the corresponding ethnic authority, the JEP must guarantee this.
    Centres for indigenous harmonisation and equivalent Institutions. The bodies of the JEP can impose sanctions to be implemented in the centres for indigenous harmonisation, once the ethnic authorities have given their consent. The JEP must offer the necessary support to guarantee the conditions of the sanction agreement and supervision over it by the indigenous authorities.         Cultural harmonisation. When the bodies of the JEP are made aware of cases that involve appearing parties who belong to indigenous populations, they must request the presence of an Indigenous authority that understands the conditions of the concepts of harmonisation, admission and permanency in the ethnic territory established in their Justice System. In the cases in which it falls to the JEP to impose sanctions on the appearing party, and where these sanctions should be carried out in Indigenous territory, the JEP must obtain the Indigenous authority’s consent.
    Handling of evidence in ethnic territories. The JEP will arrange with the Indigenous authorities the conditions and types of support needed for the collection of, or handling of, evidence in ethnic territories.   Reintegration. The ethnic communities can apply harmonising processes to members of their communities that have complied with the imposed sanction of the JEP outside of their ethnic territory.  

    (Source CCJ from: Internal Regulation of the JEP)

    Ultimately, the JEP has the obligation to apply the ethnic focus to all its proceedings and must therefore implement the necessary mechanisms.

    To see the complete article in its original Spanish Click here and the complete article in English, an unofficial translation by ABColombia in collaboration with Volunteer Student Translators from Bristol University: Lucy Courtnall, Ami Houlbrook, Lottie Sinclair, by clicking on the PDF button at the top of this page.

  • Declaration of Support to the OHCHR in Colombia

    Declaration of Support to the OHCHR in Colombia

    [cmsms_row data_width=”boxed” data_padding_left=”3″ data_padding_right=”3″ data_color=”default” data_bg_color=”#ffffff” data_bg_position=”top center” data_bg_repeat=”no-repeat” data_bg_attachment=”scroll” data_bg_size=”cover” data_bg_parallax_ratio=”0.5″ data_color_overlay=”#000000″ data_overlay_opacity=”50″ data_padding_top=”0″ data_padding_bottom=”50″][cmsms_column data_width=”1/2″][/cmsms_column][cmsms_column data_width=”1/2″][cmsms_button button_link=”https://www.abcolombia.org.uk/wp-content/uploads/2020/03/Pronunciamiento-Respaldamos-la-labor-de-la-OACNUDH-en-Colombia-.pdf” button_target=”blank” button_text_align=”right” button_style=”cmsms_but_icon_dark_bg” button_font_family=”Roboto+Condensed:400,400italic,700,700italic” button_font_size=”16″ button_font_weight=”100″ button_font_style=”normal” button_border_style=”solid” button_bg_color=”#2e8c73″ button_border_color=”#2e8c73″ button_bg_color_h=”#e2b900″ button_text_color_h=”#2e8c73″ button_border_color_h=”#2e8c73″ button_icon=”cmsms-icon-download-outline” animation_delay=”0″]PRONUNCIAMIENTO ESPAÑOL [/cmsms_button][/cmsms_column][/cmsms_row][cmsms_row data_width=”boxed” data_padding_left=”3″ data_padding_right=”3″ data_color=”default” data_bg_color=”#ffffff” data_bg_position=”top center” data_bg_repeat=”no-repeat” data_bg_attachment=”scroll” data_bg_size=”cover” data_bg_parallax_ratio=”0.5″ data_color_overlay=”#000000″ data_overlay_opacity=”50″ data_padding_top=”0″ data_padding_bottom=”50″][cmsms_column data_width=”1/1″][cmsms_text animation_delay=”0″]

    WE FULLY SUPPORT THE WORK OF THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS (OHCHR) IN COLOMBIA AND THEIR REPRESENTATIVE, ALBERTO BRUNORI.

    Bogota, 2 March 2020

    Since the arrival in 1997, of the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Colombia, social and human rights movements have supported their work, and the annual report that summerises the key facts related to the socio-political violence in the context of the armed conflict, humanitarian issues, the situation of human rights and International Humanitarian Law (IHL) in general. These recommendations have been a valuable and permanent tool for national and international advocacy, as well as a useful document within the international arena for creating a better understanding of [Colombia’s] reality.

    This week, the UN Representative of the OHCHR in Colombia, Alberto Brunori published the 2019 Annual Report, which we support and consider appropriate, serious, rigorous and which accurately reflects the reality of Colombia’s human rights situation. The Annual Report reflects the daily reality seen in the media, social networks and in the denouncements made by social organisations in different parts of the country. The quantitative and qualitative description of human rights contained in the Annual Report gives an account of the exponential deterioration that the country is suffering in terms of human rights.

    We consider the reaction from the Government of President Ivan Duque to the Annual Report, and the work of the UN Office headed by the UN representative Alberto Brunori, inappropriate and unjustified. This disproportionate reaction demonstrates the Government’s lack of commitment to human rights at an international level, to bodies that, like the UN Office, constructively contribute to the monitoring of human rights in our country.

    Social and human rights networks and organisations support the judicious work of, and documentation by, Alberto Brunori and his national and regional teams, and welcome their stay in Colombia until 2022. We urge the National Government to address the recommendations included in the Annual Report, as they will help to, confront the increasing violence in the country, and to adopt truly effective measures to guarantee human rights. This will also ensure the success of the Peace Agreement, which is considered by the international community itself to be unprecedented and of global interest.  

    The Office of the United Nations High Commissioner for Human Rights in Colombia will continue to have our support in making a significant contribution to the prevalence of coexistence and the search for peace in Colombia through their mandate of observation, technical assistance and verification of the implementation of the Peace Agreement.

    Signed by,

    3 National Platforms for Human Rights

    407 National Organisations

    37 International Organisations

    1,168 Individuals

    [See PRONUNCIAMIENTO ESPAÑOL for names of individuals and organisations]

  • In the International Women’s Day ABColombia say #IStandWith Emilse Paz

    In the International Women’s Day ABColombia say #IStandWith Emilse Paz

    Copyright: Ingrid Guyon
    Emilse Paz, Nasa Indigenous leader (Cauca, Colombia)

    Our dream is the demilitarization of our territories, so they are peace territories, as they were years ago. There we can exercise our self-determination as Indigenous peoples, and as Indigenous women… It is our dream as peace builders, that all of us together can work towards a sustainable and lasting peace with no violence. The day there is no violence towards Indigenous women, that is the day we can … begin to enjoy life. That is the dream of peace we have for all.”

    Emilse Paz

    Lida Emilse Paz Labio is an Indigenous Women Human Rights Defender, from the Nasa ethnic group in the territory of North Cauca (southwest Colombia). A victim of the armed conflict, Emilse initiated an advocacy project with Indigenous women on their rights to land and territory. It also promotes the demilitarization of indigenous territories in northern Cauca. For this reason, ABColombia says #IStandWithHer.  

    Northern Cauca region is historically strategic and contested by all sides in the armed conflict. The control of the drugs and armed trafficking corridors between guerrilla and paramilitary groups, and the land grabbing behind sugar cane and paper industries, have triggered the displacement and social fragmentation of peasants and ethnic communities. As a result, Indigenous communities have been victims of violence and land dispossession, undermining their autonomy, culture and survival[1].

    We, women, have made very important contributions to humanity and peace issues, because we have been the ones who have held the survival of the indigenous peoples and the society

    Emilse Paz

    Within this context, Emilse started defending women’s rights as a Regional Coordinator of Tejido Mujer ACIN (ACIN Women’s Network), a meeting space that promotes reflection, education and training for women and men in Indigenous territories. There, she researched the impact of the armed conflict on the lives of Indigenous women, and participated in different Indigenous and civil society networks which contributed to the Peace Talks in Havana.

    Her advocacy defending indigenous women’s rights from an ethnic and gendered perspective, resulted in Emilse becoming a central voice in the indigenous movement. She became a Traditional Authority in the “Resguardo de Jambaló” (Indigenous jurisdiction at north Cauca) and a Councillor in the Cauca Regional Indigenous Council (CRIC-Consejo Regional Indígena del Cauca). Both roles are importance for the sustainability of peace and coexistence of the indigenous communities.

    “As indigenous women we think about the internal well-being of the home, the community and our territory, therefore we are now thinking about reconciliation there is a considerable number of people suffering pain, resentment, and hate for all the violence they have experienced and now the ex-combatants will return home and people will encounter the person who killed their father, brother, child… Now is the moment for building peace and for reconciliation.”

    Emilse Paz

    Recently, as part of the implementation of the Peace Accord, Emilse has been working on a regional level promoting, truth, reconciliation and pardon. She is the Ethnic Liaison for the Southwest region of the Colombian Truth Commission (referente étnico, para la región suroccidente, de la CEV-Comisión de Esclarecimiento de la Verdad).

    Her role as a human right defender in a region that is still threaten by illegal armed groups, have put her life in danger several times. But she is not the only one, in its last report the Office of the United Nations High Commission for Human Rights (OHCHR) documented 108 killings of human rights defenders in 2019, including 15 women.  

    ABColombia say #IStandWithHer and with all the Women Human Rights Defenders that are working to build up a sustainable peace in Colombia


    [1] Centro Nacional de Memoria Histórica. 2010. “BASTA YA! Colombia: Memories of war and dignity”

  • UN Annual Report on Human Rights in Colombia

    UN Annual Report on Human Rights in Colombia


    [cmsms_row data_width=”boxed” data_padding_left=”3″ data_padding_right=”3″ data_color=”default” data_bg_color=”#ffffff” data_bg_position=”top center” data_bg_repeat=”no-repeat” data_bg_attachment=”scroll” data_bg_size=”cover” data_bg_parallax_ratio=”0.5″ data_color_overlay=”#000000″ data_overlay_opacity=”50″ data_padding_top=”0″ data_padding_bottom=”50″][cmsms_column data_width=”1/2″][/cmsms_column][cmsms_column data_width=”1/2″][cmsms_button button_link=”https://www.abcolombia.org.uk/wp-content/uploads/2020/02/A_HRC_43_3_Add.3_AdvanceUneditedVersion2020.docx” button_target=”blank” button_text_align=”right” button_style=”cmsms_but_icon_dark_bg” button_font_family=”Roboto+Condensed:400,400italic,700,700italic” button_font_size=”16″ button_font_weight=”100″ button_font_style=”normal” button_border_style=”solid” button_bg_color=”#2e8c73″ button_border_color=”#2e8c73″ button_bg_color_h=”#e2b900″ button_text_color_h=”#2e8c73″ button_border_color_h=”#2e8c73″ button_icon=”cmsms-icon-download-outline” animation_delay=”0″]Report of UN High Commissioner[/cmsms_button][/cmsms_column][/cmsms_row][cmsms_row data_width=”boxed” data_padding_left=”3″ data_padding_right=”3″ data_color=”default” data_bg_color=”#ffffff” data_bg_position=”top center” data_bg_repeat=”no-repeat” data_bg_attachment=”scroll” data_bg_size=”cover” data_bg_parallax_ratio=”0.5″ data_color_overlay=”#000000″ data_overlay_opacity=”50″ data_padding_top=”0″ data_padding_bottom=”50″][cmsms_column data_width=”1/1″][cmsms_text animation_delay=”0″]

    ABColombia welcomes the annual report on 26 February 2020 of the Office of the United Nations High Commission for Human Rights (OHCHR) in Colombia on the human rights situation in Colombia in 2019.

    The report of the High Commissioner, Alberto Brunori, focuses on the situation of human rights defenders, the use of the military in situations related to public security, the fight against impunity, and inequalities in the enjoyment of economic, social and cultural rights. It also assesses the implementation of the human rights aspects of the Peace Agreement signed between the Government of Colombia and the Revolutionary Armed Forces of Colombia – People’s Army (FARC-EP).

    The report puts forward recommendations to contribute to improving the human rights situation in Colombia.

    See recording of presentation by Alberto Brunori, ahead of the UN Human Rights Council in Bogota, Colombia here

  • Written evidence from ABColombia to the Foreign Affairs Committee

    Written evidence from ABColombia to the Foreign Affairs Committee

    This written evidence focuses on human rights defenders and draws examples of work undertaken by the FCO in relation to Colombia

    By ABColombia in News, Briefings, Human Rights

    Giving response to the Foreign Affair Committee’s inquiry into Human rights: “Freedom of religion and belief, and human rights defenders”, ABColombia presented a report addressing the situation of Human Rights Defenders in Colombia. Since Colombia has the highest number of documented killings of Human Rights Defenders (HRDs) in the world, ABColombia considers that this evidence is pertinent to the Foreign Affair Committee call. 

    The evidence presented to the Foreign Affair Committee’s inquiry illustrates where and how the FCO has effectively prioritised the situation of HRDs and, where ABColombia members consider improvements could be made.

    Two aspects of special concern mentioned in the report by ABColombia are: the increased number of HRDs killed, their role in the defense of environmental rights, and the high level of impunity.

    One of the areas ABColombia’s evidence illustrates is that improvements could be made in terms of greater consistency across UK government departments. Whilst UK Embassies have prioritised human rights and HRDs in Colombia, these issues that are noticeable by their absence in recent joint agreements signed between the UK and Colombia. Equally, there been missed opportunities by the UK to issue joint statements with Colombia on human rights.

    HRD have a substantial role in addressing the power imbalances between communities and companies, and citizens and the state, their security should therefore be a high priority for the UK and Colombian governments. The joint statements and partnership agreements when visiting Presidents are in the UK are critical opportunities to indicate concerns, and to generate a transformative agenda by laying out the commitments of each country to working together to improve human rights and the situation of HRDs.

    On the other hand, the report highlighted the importance of the UK government in contributing technical assistance. The participation of the UK at the UN Security Council (UNSC) as pen holder for UNSC Verification Mission to Colombia, has also made an important contribution to peace building in Colombia and to the support and protection of HRDs.

    Finally, ABColombia made a recommendation to the the Foreign Affairs Committee to include in the UK Human Rights Defender Guidelines consistency across all departments in terms of human rights, and in particular the security and protection of HRDs. In this way, opportunities for future joint statements between the UK and Colombian governments should include references to human rights and human rights defenders.

    [cmsms_row data_width=”boxed” data_padding_left=”3″ data_padding_right=”3″ data_color=”default” data_bg_color=”#ffffff” data_bg_position=”top center” data_bg_repeat=”no-repeat” data_bg_attachment=”scroll” data_bg_size=”cover” data_bg_parallax_ratio=”0.5″ data_color_overlay=”#000000″ data_overlay_opacity=”50″ data_padding_top=”0″ data_padding_bottom=”50″][cmsms_column data_width=”1/2″][/cmsms_column][cmsms_column data_width=”1/2″][cmsms_button button_link=”https://www.abcolombia.org.uk/wp-content/uploads/2020/02/FCO-Inquery-into-Human-Rights-1.pdf” button_style=”cmsms_but_icon_dark_bg” button_font_family=”Roboto+Condensed:400,400italic,700,700italic” button_font_size=”16″ button_font_weight=”100″ button_font_style=”normal” button_border_style=”solid” button_bg_color=”#2e8c73″ button_border_color=”#2e8c73″ button_bg_color_h=”#e2b900″ button_text_color_h=”#2e8c73″ button_border_color_h=”#2e8c73″ button_icon=”cmsms-icon-download-outline” animation_delay=”0″]Read More[/cmsms_button][/cmsms_column][/cmsms_row][cmsms_row data_width=”boxed” data_padding_left=”3″ data_padding_right=”3″ data_color=”default” data_bg_color=”#ffffff” data_bg_position=”top center” data_bg_repeat=”no-repeat” data_bg_attachment=”scroll” data_bg_size=”cover” data_bg_parallax_ratio=”0.5″ data_color_overlay=”#000000″ data_overlay_opacity=”50″ data_padding_top=”0″ data_padding_bottom=”50″][cmsms_column data_width=”1/1″][cmsms_text animation_delay=”0″]

  • Side event at the 43rd session of the UN Human Rights Council in Geneva

    Side event at the 43rd session of the UN Human Rights Council in Geneva

    [cmsms_row data_width=”boxed” data_padding_left=”3″ data_padding_right=”3″ data_color=”default” data_bg_color=”#ffffff” data_bg_position=”top center” data_bg_repeat=”no-repeat” data_bg_attachment=”scroll” data_bg_size=”cover” data_bg_parallax_ratio=”0.5″ data_color_overlay=”#000000″ data_overlay_opacity=”50″ data_padding_top=”0″ data_padding_bottom=”50″][cmsms_column data_width=”1/2″][/cmsms_column][cmsms_column data_width=”1/2″][cmsms_button button_link=”https://www.abcolombia.org.uk/wp-content/uploads/2020/02/Nota-concepto-Visita-REdefensores-a-Colombia-002-1.pdf” button_target=”blank” button_text_align=”right” button_style=”cmsms_but_icon_dark_bg” button_font_family=”Roboto+Condensed:400,400italic,700,700italic” button_font_size=”16″ button_font_weight=”100″ button_font_style=”normal” button_border_style=”solid” button_bg_color=”#2e8c73″ button_border_color=”#2e8c73″ button_bg_color_h=”#e2b900″ button_text_color_h=”#2e8c73″ button_border_color_h=”#2e8c73″ button_icon=”cmsms-icon-download-outline” animation_delay=”0″]COMUNICADO EN ESPAÑOL[/cmsms_button][/cmsms_column][/cmsms_row][cmsms_row data_width=”boxed” data_padding_left=”3″ data_padding_right=”3″ data_color=”default” data_bg_color=”#ffffff” data_bg_position=”top center” data_bg_repeat=”no-repeat” data_bg_attachment=”scroll” data_bg_size=”cover” data_bg_parallax_ratio=”0.5″ data_color_overlay=”#000000″ data_overlay_opacity=”50″ data_padding_top=”0″ data_padding_bottom=”50″][cmsms_column data_width=”1/1″][cmsms_text animation_delay=”0″]

    Human Rights Defenders

    Report of the visit of the UN Special Rapporteur to Colombia

    Geneva, 6 March 2020

    Palace of the Nations, Room XXVII, 14.30h – 15:30h

    Organisers of the side event at the UN Human Rights Council in Geneva: Oidhaco, CCEEU, Alianza, Plataforma DESC, Colombian Commission of Jurists, ABColombia, PBI, Business and Human Rights Centre

    The Pannelists:

    • Michel Forst, Special Rapporteur on Human Rights Defenders
    • William Muñoz, Campesino Association of Bajo Cauca Antioqueño (ASOBAC), also representing the Human Rights Network of the Coordination of NGOs from Colombia, Europe, United States (CCEEU)
    • Angélica Ortiz, Fuerza de Mujeres Wayuu (Indigenous Peoples)
    • Ana María Rodríguez, Colombian Commission of Jurists (CCJ), also representing the network of Colombian organisations the Alliance of Social and Related Organizations (ALIANZA)

    They will be discussion the following issues:

    • The Special Rapporteur on the Situation of Human Rights Defenders report and recommendations from his visit to Colombia
    • The intersectionality between the slow implementation of the Peace Accord, the persistence of the armed conflict in rural regions, the expansion of paramilitary groups, and the increase in violence against human rights defenders
    • The particular impacts suffered by women defenders, or defenders who belong to Afro-descendant, indigenous or peasant communities.
    • Making proposals for the implementation of the recommendations made by the Special Rapporteur, follow-up and monitoring of these, and actions that can be taken by the international community.

    Background:

    Since signing the Peace Accord with the FARC-EP in November 2016, the number of attacks against human rights defenders in Colombia has continued to increase in number. During 2017, 106 killings of human rights defenders were registered, 155 in 2018, and preliminary data for 2019 indicates that at least 107 defenders have been killed.

    The State’s response thus far has been insufficient to confront this phenomenon: there is a lack of effective prevention mechanisms, the protection mechanisms that exist are inadequate for addressing the magnitude of the violence that human rights defenders are experiencing, and the situation is compounded by most cases remaining in impunity.

    Delays and obstacles to the implementation of the Peace Accord have resulted in intensifying the conflict in the rural areas. The Government is proposing to return to a model of security based on actions by the military forces for the protection of communities and defenders.

    In this context, the Special Rapporteur on human rights defenders, Michel Forst, received an affirmative response from the Colombian Government to visit the country (the first official visit of a special procedure in almost eight years). The visit took place 20 November to 3 December 2018. Both rural and urban areas were visited: Bogotá, Cúcuta, Hacarí, Medellín, Apartadó, Santa Marta, Riohacha, Cali and Popayán.

    His field visit report is being presented on 4 March 2020, to the Human Rights Council (document A/HRC/43/5 /Add.1). The report describes in detail the situation of violence faced by defenders, a balance is made of the capacities of the Colombian State to provide a safe and conducive environment for Colombian human rights defenders, and recommendations are made.

  • The Protection of People in the midst of conflict is an ethical and political imperative that is a  commitment of our humanity

    The Protection of People in the midst of conflict is an ethical and political imperative that is a commitment of our humanity

    [cmsms_row data_width=”boxed” data_padding_left=”3″ data_padding_right=”3″ data_color=”default” data_bg_color=”#ffffff” data_bg_position=”top center” data_bg_repeat=”no-repeat” data_bg_attachment=”scroll” data_bg_size=”cover” data_bg_parallax_ratio=”0.5″ data_color_overlay=”#000000″ data_overlay_opacity=”50″ data_padding_top=”0″ data_padding_bottom=”50″][cmsms_column data_width=”1/2″][/cmsms_column][cmsms_column data_width=”1/2″][cmsms_button button_link=”https://www.abcolombia.org.uk/wp-content/uploads/2020/02/13022020-Comunicado-por-paros-armados-1.pdf” button_target=”blank” button_text_align=”right” button_style=”cmsms_but_icon_dark_bg” button_font_family=”Roboto+Condensed:400,400italic,700,700italic” button_font_size=”16″ button_font_weight=”100″ button_font_style=”normal” button_border_style=”solid” button_bg_color=”#2e8c73″ button_border_color=”#2e8c73″ button_bg_color_h=”#e2b900″ button_text_color_h=”#2e8c73″ button_border_color_h=”#2e8c73″ button_icon=”cmsms-icon-download-outline” animation_delay=”0″]COMUNICADO EN ESPAÑOL[/cmsms_button][/cmsms_column][/cmsms_row][cmsms_row data_width=”boxed” data_padding_left=”3″ data_padding_right=”3″ data_color=”default” data_bg_color=”#ffffff” data_bg_position=”top center” data_bg_repeat=”no-repeat” data_bg_attachment=”scroll” data_bg_size=”cover” data_bg_parallax_ratio=”0.5″ data_color_overlay=”#000000″ data_overlay_opacity=”50″ data_padding_top=”0″ data_padding_bottom=”50″][cmsms_column data_width=”1/1″][cmsms_text animation_delay=”0″]

    The International Civil Society Organisations signing this statement urge the armed actors in Colombia to guarantee the lives of the communities and people living in the national territory, particularly the areas affected by the indefinite ‘Armed Strike.’ This strike was declared by the Popular Liberation Army (EPL) on the 12 February in the Catatumbo region and the one decreed by the National Liberation Army (ELN) from the 14 to 17 February 2020.

    Despite the difficulties, Colombia has decided on a path of peace, moving from war, towards a future where violence is rejected in the handling of social, political, economic and cultural differences. Leaders and Civil Society Organisations (CSOs) are working daily to achieve these aspirations.

    Colombia deserves to live in peace, thus we reiterate our call to President Iván Duque’s Government, the National Liberation Army (ELN) and other rebel groups to adhere to the rights of Colombians to live in peace, and in that regard to encourage and resume dialogue as the most efficient path to definitely overcoming the armed conflict in Colombia.

    The Colombian State and the armed actors are obligated to obey and respect International Humanitarian Law (IHL), this is a legal and ethical commitment to protect people who are not involved in the armed conflict.

    As International Civil Society Organisations, as our mandates dictate, we continue to be committed to building sustainable peace with social justice in Colombia. Therefore, we will carry on working together with the victims, with women, with rural communities and those reintegrating into civilian life, and other Colombian Civil Society Organisations who are contributing to building peace.

    13 February 2020

  • International Civil Society Organisations in Alert for Assassinated Social Leaders and Worsening Humanitarian Crisis in Colombia

    International Civil Society Organisations in Alert for Assassinated Social Leaders and Worsening Humanitarian Crisis in Colombia


    [cmsms_row data_width=”boxed” data_padding_left=”3″ data_padding_right=”3″ data_color=”default” data_bg_color=”#ffffff” data_bg_position=”top center” data_bg_repeat=”no-repeat” data_bg_attachment=”scroll” data_bg_size=”cover” data_bg_parallax_ratio=”0.5″ data_color_overlay=”#000000″ data_overlay_opacity=”50″ data_padding_top=”0″ data_padding_bottom=”50″][cmsms_column data_width=”1/2″][cmsms_button button_link=”https://www.abcolombia.org.uk/wp-content/uploads/2020/01/200128-Public-Statement-Assassinated-Social-Leaders.pdf/” button_target=”blank” button_text_align=”center” button_style=”cmsms_but_icon_dark_bg” button_font_family=”Roboto+Condensed:400,400italic,700,700italic” button_font_size=”16″ button_font_weight=”100″ button_font_style=”normal” button_border_style=”solid” button_bg_color=”#2e8c73″ button_border_color=”#2e8c73″ button_bg_color_h=”#e2b900″ button_text_color_h=”#2e8c73″ button_border_color_h=”#2e8c73″ button_icon=”cmsms-icon-download-outline” animation_delay=”0″] English Full Statement [/cmsms_button][/cmsms_column][cmsms_column data_width=”1/2″][cmsms_button button_link=”https://www.abcolombia.org.uk/wp-content/uploads/2020/01/200128-Comunicado-ECP-crisis-DDHH-Colombia.pdf” button_target=”blank” button_text_align=”center” button_style=”cmsms_but_icon_dark_bg” button_font_family=”Roboto+Condensed:400,400italic,700,700italic” button_font_size=”16″ button_font_weight=”100″ button_font_style=”normal” button_border_style=”solid” button_bg_color=”#2e8c73″ button_border_color=”#2e8c73″ button_bg_color_h=”#e2b900″ button_text_color_h=”#2e8c73″ button_border_color_h=”#2e8c73″ button_icon=”cmsms-icon-download-outline” animation_delay=”0″] Comunicado Español [/cmsms_button][/cmsms_column][/cmsms_row]

    As International Organisation we express our profound concern regarding the severe deterioration of the armed conflict in Colombia, which has already in 2020, taken the lives of 23 people, including four women and two ex-combatants in the process of reincorporation.

    This serious humanitarian situation is putting the sustainability of the Colombian peace process in jeopardy. Conveyed, amongst other things, in the massive displacement of approximately 4,000 people due to incursions by illegal armed actors, in the municipalities of Tumaco (department of Nariño), Nuquí (department of Chocó) and Tarazá (department of Antioquia); together with the confinement of the communities of Jiguamiandó, Curvaradó and Pogue in the department of Chocó due to the presence of armed actors; and, the massacre on 11 January 2020, in Jamundí (department of Valle del Cauca) that cost the lives of at least five people.

    Recent information, in an important national media publication, on a possible new case of the use of illegal interceptions by State intelligence and cybersecurity services against peace negotiators, human rights activists, Senators, journalists and magistrates of the Supreme Court of Justice, adds to this atmosphere of anxiety, uncertainty and fear in Colombia.

    We urge the Colombian government to take effective measures that go beyond individual protection of threatened persons, or the militarization of the territories. To the full implementation of the Peace Accord and embracing the public policy proposal presented by human rights organisations in the National Commission for Security Guarantees, the ‘Dismantling of Successors Organisations of Paramilitarism and their Support Networks’, which has been endorsed by the Office of the United Nations High Commissioner for Human Rights and the United Nations Verification Mission. Without a doubt, this would contribute to moving towards definitively overcoming the armed conflict and the construction of peace in Colombia.

    We encourage the International Community to continue accompanying communities and human rights defenders, as well as, supporting their invitation to the United Nations Special Adviser on the Prevention of Genocide, Mr. Adama Dieng, for an urgent official visit to Colombia.
    As International Civil Society Organisations we reaffirm our solidarity with the families and communities affected by these crimes and our commitment to a political solution to the armed conflict. We urge legal and non-legal armed actors to respect the fundamental rights of the civilian population and international humanitarian law.

    International Community in Alert for a Colombia in Peace
    27 January 2020

  • Guardians of the Atrato River visit the EU

    Guardians of the Atrato River visit the EU


    In November 2019 two Guardians of the River Atrato together with the a representative of the Dioceses of Quibdo, Choco, Colombia visited Brussels and spoke to members of the European Parliament. As a result of the information they shared about the situation in Colombia Jude Kirton Darling, British MEP and Maria Arenas, Spanish MEP wrote to the EU Trade and Development Committee making a complaint under the sustainability clause in the EU-Andean Free Trade Agreement.

    [cmsms_row data_width=”boxed” data_padding_left=”3″ data_padding_right=”3″ data_color=”default” data_bg_color=”#ffffff” data_bg_position=”top center” data_bg_repeat=”no-repeat” data_bg_attachment=”scroll” data_bg_size=”cover” data_bg_parallax_ratio=”0.5″ data_color_overlay=”#000000″ data_overlay_opacity=”50″ data_padding_top=”0″ data_padding_bottom=”50″][cmsms_column data_width=”1/2″][cmsms_button button_link=”https://www.abcolombia.org.uk/wp-content/uploads/2020/04/Letter_Jude_Kirton-Darling_Marie_Arena_Cecilia_Malmstrom11112019.pdf” button_target=”blank” button_text_align=”center” button_style=”cmsms_but_icon_dark_bg” button_font_family=”Roboto+Condensed:400,400italic,700,700italic” button_font_size=”16″ button_font_weight=”100″ button_font_style=”normal” button_border_style=”solid” button_bg_color=”#2e8c73″ button_border_color=”#2e8c73″ button_bg_color_h=”#e2b900″ button_text_color_h=”#2e8c73″ button_border_color_h=”#2e8c73″ button_icon=”cmsms-icon-download-outline” animation_delay=”0″] Letter to EU Trade Committee [/cmsms_button][/cmsms_column][cmsms_column data_width=”1/2″][cmsms_button button_link=”https://www.abcolombia.org.uk/wp-content/uploads/2020/04/R-20-8020082-Kirton-Darling-004.pdf” button_target=”blank” button_text_align=”center” button_style=”cmsms_but_icon_dark_bg” button_font_family=”Roboto+Condensed:400,400italic,700,700italic” button_font_size=”16″ button_font_weight=”100″ button_font_style=”normal” button_border_style=”solid” button_bg_color=”#2e8c73″ button_border_color=”#2e8c73″ button_bg_color_h=”#e2b900″ button_text_color_h=”#2e8c73″ button_border_color_h=”#2e8c73″ button_icon=”cmsms-icon-download-outline” animation_delay=”0″] Reply EU Trade Committee [/cmsms_button][/cmsms_column][/cmsms_row]

    Letter from Jude Kirton-Darling MEP and Marie Arena MEP

    The Free Trade Agreement between the European Union, Colombia, Peru and Ecuador has been presented by the European Commission as an opportunity for the Andean Countries to diversify their economies, promote sustainable development, respect for human rights and guarantee civil society participation. Title IX of the Agreement: Commercial and Sustainable Development states that these objectives must be guaranteed through effective implementation of binding International Conventions contained in the Agreement in respect to fundamental human, labour and environmental rights. 

    In environmental matters, the Commercial Agreement must be implemented in line with the agreements signed by Colombia, such as: The Convention on Biological Diversity (CBD) 1; the Convention on International Trade in Endangered Species of Wild Fauna and Flora2; the Kyoto protocol of the United Nations Framework Convention on Climate Change3, amongst others. In the case of the CBD, the Colombian State must ensure the biological conservation of its ecosystems, as well as, sustainable, fair and equitable use.4 In spite of this we are seeing a humanitarian and environmental crisis in the department of Chocó, north-eastern Colombia.5 

    The Choco Biogeographic region is one of the richest biodiversity ecosystems on the planet.6 The majority of the inhabitants are indigenous and afro-Colombian Peoples, who suffer from the department having one of the highest rates of multidimensional poverty in Colombia.7 The internal armed conflict, territorial control by legal and illegal armed actors, the impact of extractive activities and coca cultivation have resulted in violations and abuses of International Humanitarian and Human Rights Law. Confinement and forced displacement of communities continues despite Early Warning Alerts from the Human Rights Ombudsman (Defensoría).8

    This grave humanitarian and environmental crisis, led local communities to take a citizen’s action (Tutela) to the Constitutional Court. They won a landmark ruling T-622 of 20169. In this historic ruling, the Court recognised the environmental degradation of the River Atrato, its tributaries and ecosystems especially by deforestation, and illegal mining activities which were contaminating its water sources with toxic substances including mercury and cyanide. Along with, violations of the riverine communities to the right to health, water, food and food soveriegnty, security, the right to a healthy environment, to physical and cultural suvival, cultural and territorial rights, including free prior and informed Consent (ILO 169).10 The Court ordered that as the State had failed to fulfill its constitutional obligations it must remedy them, jointly with the communities, by implementing an action plan, which includes the management of the territory by state agencies together with 14 members of ethnic communities, referred to as the “Guardians of the Atrato”.

    We call the attention of the European Commission and its Trade Department to the situation of human and environmental rights in Chocó, which in our judgement is a violation of environmental agreements under the Trade Agreement and the commitments to ensure conversations regarding biodiversity, the protection of species of flora and fauna, and guarantee human rights in Colombia. Therefore, we call for you to use your commercial lever to ensure compliance with these environmental commitments, which also, exceed the Commercial Agreement and are of interest to all humanity, as is the biological conversation of large ecosystems as a guarantee in the struggle against climate change.

    Climate change is a priority for the EU and its member states, as demonstrated by the Paris Agreement, the commitment of the European Commission and Council to the Green Deal11, and the Council President, Finland, who has as a central precept of its agenda to position the EU as a global leader on climate change actions12.
    Additionally, compliance with the judgment empowers communities that protect the environment, recognising them as a local partner for the protection of, and the sustainable management of, natural resources and protection of ecosystems in Colombia. Acknowledging the role of communities in the management and sustainable protection of their territories, legitimises the environmental defenders in one of the countries with the greatest violence against defenders, especially against those who defend the environment and the territory.

  • Guardians of the River Atrato Visit Scotland

    Guardians of the River Atrato Visit Scotland


    In October the Guardians of the River Atrato visited Scotland and met with Minister Christina McKelvie of the Scottish Parliament. On 10 December Human Rights Day Minister McKelvie in a Speech on Human Rights Defenders Referred to their important work with a special reference to the inspirational Guardians of the Atrato river in Chocó.

    Minister Christina Mc Kelvie with Guardian of the Atrato River Choco

    On Human Rights Day Christina MCKelvie in a speeech in the Scottish parliament said the following:

    I pay special tribute to a group of people who are deserving not just of our admiration and support, but of our profound gratitude and respect. It is no coincidence that yesterday, the day before Human Rights Day, was designated by the United Nations as international day of human rights defenders. Without the courage and self-sacrifice of the thousands of individuals around the world who daily stand up for human rights by challenging human rights abuses and holding powerful people to account, we would not have anything to celebrate on Human Rights Day. Without the work that is done by human rights defenders in every nation, the rights that we all cherish would, ultimately, be in peril.

    The work that is done by human rights defenders spans the entire spectrum of civil, political, economic, social, cultural and environmental rights. They campaign to open up space for civil society, to meet people’s basic needs in healthcare, education and advice, to educate people to know and claim their rights, and to hold to account those who are in power. They do so, however, at considerable personal risk. The daily experience of many human rights defenders—and their friends and families—is that they face the threat of physical attack, harassment, detention, surveillance, legal action and defamation of character.

    Speaking up for human rights also costs lives. According to the leading non-governmental organisation, Front Line Defenders, 321 human rights defenders in 27 countries were targeted and killed in 2018 for the work that they did. That is a grim statistic and, shamefully, the number stands at an all-time high.

    Colombia is a country where that risk is particularly acute. Of the 321 defenders who were killed in 2018, more than a third—126 people—were killed in Colombia. In Colombia alone, 59 human rights defenders were killed in the first six months of 2019. Death threats against human rights defenders have increased by 75 per cent.

    In October, I had the great pleasure of meeting two inspirational human rights defenders from Colombia, who represent the communities that live along the banks of the Atrato river, in the Chocó region. It is one of the poorest parts of the country, and it is home to indigenous and Afro-Colombian communities who depend on the river for sustenance, health and sanitation. The river also underpins their spiritual and cultural lives. Their way of life is under threat from conflict, mining activity and environmental degradation. It is one of the world’s top 10 biodiversity hotspots, but the river has become a toxic dumping ground for pollution from illegal mining. Local people face intimidation from paramilitary groups and increasingly serious threats to their health and their environment.

    Local communities have now taken the initiative by establishing the guardians of the Atrato, in order to uphold a landmark ruling by the Colombian constitutional court. In 2017, the court ruled that the Atrato river, together with the biocultural and human rights of local communities, must be safeguarded. The ruling placed direct responsibility on the Colombian Government for ensuring the river’s protection, maintenance, conservation and restoration.

    The Atrato river guardians are now working to monitor implementation of that judgment. In doing so, the group of seven men and seven women are standing up to powerful interests in government, business and armed militia groups. The courage that it takes for them to do that is truly inspirational. They deserve not just our admiration but our active support for the work that they do in helping the Atrato river communities to defend their rights. It was great to meet them when they came to Parliament a few weeks ago.

    Choco and the issues raised by the Human Rights Defenders, ABColombia, Glasgow University and SCIAF during their Speaking Tour

    Chocó, Colombia is situated between the Darién Gap on the border with Panama and the departments of Antioquia and Valle de Cauca. Biogeographic Chocó is one of the global biodiversity hotspots and home to approximately 56% of Colombian bird species and 11% of all known bird species in the world.[i] It is also classified in Colombian law as a forestall reserve.[ii]

    Guardians of the Atrato River with
    Patrick Grady (SNP) Stephen Gethins (SNP) and Baroness Tonge
    Humanitarian and Environmental Crisis

    The majority of the Chocó inhabitants are indigenous and afro-Colombian Peoples, who suffer from the department having one of the highest rates of multidimensional poverty in Colombia.[iii] The internal armed conflict, territorial control by legal and illegal armed actors, the impact of extractive activities and coca cultivation have resulted in violations and abuses of International Humanitarian Law (IHL) and Human Rights.

    FARC demobilisation left a power vacuum in areas they controlled in Chocó. Armed disputes arose mainly between the Ejército Popular de Liberación (ELN, leftist guerrilla group), and the rightist neo-paramilitary group Autodefensas Gaitanistas de Colombia (AGC), seeking to control territory, illicit economies (mainly drugs and gold mining)[iv] and strategic corridors for smuggling persons, drugs and weapons.[v] This struggle is ongoing and is resulting in Indigenous and Afro-Colombian communities being caught in the middle. Many are fleeing their homes, whereas others, have been forcibly confined[vi] and used as human shields. Local communities, CSO and the Catholic Church all report the AGC moving freely in large numbers, well-armed in this highly militarised region of Chocó where the Colombian Joint Military Forces – “Titan” is deployed. Recently, there have been frequent reports of collusion between the AGC and the security forces.[vii] As well as, reports of dissidents of the FARC and drug trafficking mafias operating in Chocó.

    The humanitarian needs of those confined is worsening the humanitarian crisis, lack of access to their usual sources of livelihood (fishing, agriculture) and inadequate governmental response, has put the burden on the Quibdó Diocese and other international organisations, to undertake humanitarian missions of food supplies to local communities. For several years, alerts by the Afro-Colombian and Indigenous communities, the Human Rights Ombudsman and others, concerning the urgency of the problems in the Atrato region have largely been met with indifference by the state.

    Chocó suffers not only a grave humanitarian but also an environmental crisis therefore local communities decided to take a citizen’s action (Tutela) to the Constitutional Court. In 2016, they won a landmark ruling T-622. In the ruling, the Court recognised the environmental degradation of the River Atrato, its tributaries and ecosystems especially by deforestation, and illegal mining activities which were contaminating its water sources with toxic substances including mercury and cyanide. Along with, violations of the riverine communities to the right to health, water, food and food sovereignty, security, the right to a healthy environment, to physical and cultural survival, cultural and territorial rights, including free, prior and informed Consent (ILO 169).[ix] The Court ruled that as the State had failed to fulfil its constitutional obligations, and it must provide remedy. The Court emphasised the importance of the communities’ participation in the remedial action. This included the implementation of an Environmental Action Plan together with 14 members of ethnic communities, referred to as the “Guardians of the Atrato”. The Court also reiterated the right to free, prior and informed consent for ethnic communities. Three years on from the decision, due to constant pressure from community organisations in Choco, national and International NGOs, the Environment Ministry finally has an initial plan. However, nothing to-date has been done in terms of its implementation.

    Additionally, the T-622 ruling requires the Defence Ministry to remove illegal mining operations in the Atrato river. Subsequently the State burnt some floating mining platforms further contaminating the river, as they are burnt in the river and the wreckage left. Furthermore, communities report miners receiving information ahead of the military operations and removing expensive equipment before the operations to destroy the platforms begin.

    Human Rights and Humanitarian Law

    Forced recruitment of children, whilst diminishing after the signing of the Peace Accord, is once more reported to be on the increase in Chocó especially in indigenous communities; although the UN report there is a sub-register of cases[x]. Low educational coverage and lack of teachers in Chocó restricts access to education, and also leaves minors more exposed to the risk of being recruited by armed groups. The Colombian Human Rights Ombudsman highlighted areas of concern in Chocó as, increasing forced recruitment, violence and sexual abuse against women, the use of landmines, as well as, the targeted killing of community leaders.[xi]

    On 10 May 2019, Rupert Colvillesaid the UN was ‘…alarmed by the strikingly high number of human rights defenders being killed, harassed and threatened in Colombia.’[xii] According to the UN OHCHR “while the killing of 110 defenders registered by OHCHR does not represent the totality of cases, it helps to identify trends in such attacks, which seriously undermine the work of human rights defenders (HRDs) – work that is fundamental for advancing democracy and the rule of law”.[xiii] The Human Rights Ombudsman reported 172 killings of HRDs in 2018. By way of a comparison, Frontline Defenders Global Report 2018, reported globally 320 HRDs had been killed in 2018.

    Health Concerns

    Communities in the Chocó department only have access in the main towns to the lowest level hospital (basically equating to a cottage hospital in the UK). They must travel long distances to arrive, and even then, find that the medication and treatment necessary is not available. The particular needs of children, pregnant and nursing mothers are not met[xiv].

    In addition to this the communities do not have access to an aqueduct for clean drinking water, the increase in informal gold mining is polluting the rivers they have for water with mercury leaving the communities in a vulnerable condition. Women are particularly impacted as they must wash clothes and carry out other tasks in the river. Fish stocks have massively decreased due to high levels of sediment and mercury caused by illegal gold mining.

    Women

    Indigenous and Afro-Colombian women have been severely impacted by the conflict in Colombia. The forced recruitment of the children and killing of their partners, leaving them as heads of household responsible for providing for their families. Patriarchal and racist attitudes have taken their toll. Illegal mining has increased violence and sexual abuse against women, and prostitution.  Despite the Peace Agreement, sexual violence remains a constant dynamic, with a variation in the armed actors, but with an equally disproportionate impact on women, with Indigenous women being 2.5 times more likely to be victims of violence. Partner violence is also increasing, UN Women state, one in every three women in Colombia has been beaten by their current or former intimate partner.[xv]

    In October 2019, MAPP/OEA highlighted ‘increased political and gender-based violence associated with the armed conflict against women who hold elected office and exercise political and social leadership’ [xvi]  Attacks against women HRDs in many cases include incidents of sexual violence, and often murders are preceded by sexual abuse, torture or other forms of brutality. In the first six-month of 2019, Somos Defensores reports a slight decrease in the overall number of killings of HRDs compared to 2018, however, an increase was seen in the same period, in attacks and killings of women HRDs.[xvii] Frequently threats against women HRDs are not only directed at them, but also their families.

    Recommendations
    • Court ruling T-622 needs to be implemented in conjunction with the Peace Accord as a whole, and specifically, the Ethnic Chapter, the gendered agreements and the PDETs.[xviii] The PDETs, in Chapter One of the Peace Accord, provide integrated local economic development plans in areas most impacted by the conflict. PDETs have been strongly supported by the EU and its Trust Fund as key to sustainable peace; Chocó has 13 municipalities in their PDET area. The full implementation alongside that of ruling T-622, with the participation of the ethnic communities, would address many of the humanitarian and environmental issues raised here.
    • The Ethnic Chapter requires community participation respecting ethnic communities’ rights to self-determination and free, prior and informed consent.
    • Climate change is a priority globally as demonstrated by the Paris Agreement, commitments to the EU Green Deal, is a central precept of the Finish Presidency and to position the EU as a global leader.  Compliance with the Constitutional Court ruling empowers communities that protect the environment, recognising them as a local partner for the protection of, and the sustainable management of, natural resources and protection of ecosystems in Colombia. Acknowledging the role of communities in the management and sustainable protection of their territories, helps to support environmental defenders in a country with the highest number of defenders killed annually, and especially of those who defend the environment and territory.
    • Peace Talks between the ELN and the Government of Colombia should be resumed with the support of the Catholic Church.

    Notes

    • [i] Critical Ecosystem Partnership Fund, Ecosystem profile: Chocó-Manabí Conservation Corridor, Colombia and Ecuador, 2005; Forest Reserve:  Ministerio de Ambiente, Vivienda y Desarrollo Territorial. Dirección de Licencias, Permisos y Trámites Ambientales. Oficio No 2400-E2-95921 de 02/09/2010. Suscrito por Magda Constanza Contreras Morales – Coordinadora Grupo de Relación con Usuarios
    • [ii] Ministerio de Ambiente, Vivienda y Desarrollo Territorial. Dirección de Licencias, Permisos y Trámites Ambientales. Oficio No 2400-E2-95921 de 02/09/2010. Suscrito por Magda Constanza Contreras Morales – Coordinadora Grupo de Relación con Usuarios
    • [iii]Choco: Humanitarian Accord Now
    • [iv] More information on illegal gold mining and its impact can be found here
    • [v] Mission to Support the Peace Process/Organisations of American States (MAPP/OAS)
    • [vi] Defensoría del Pueblo (local Ombudsman) 21/10/2019
    • [vii] Communities are afraid to speak out about this collusion; however, they have reported it to organisations. The NGO, CIJP reported on this situation in February 2019 here
    • [viii] Corte Constitucional-Sala Sexta de Revisión-T-622de 2016 Referencia: ExpedienteT-5.016.242
    • [ix] Ibid
    • [x] UN Office for the Coordination of Humanitarian Affairs (OCHA), Alert 22/10/2019.
    • [xi] Early Warning Alert AT025-19
    • [xii] Rupert Colville is the Spokesperson for the UN High Commissioner for Human Rights
    • [xiii] UN Report to the Human Rights Council, February 2019
    • [xiv] UN Office for the Coordination of Humanitarian Affairs (OCHA), Alert 22/10/2019
    • [xv]UN Women, El progreso de las mujeres en Colombia, 2018.
    • [xvi] The Organization of American States Mission to Support the Peace Process in Colombia (MAPP/OAS) 30 October 2019 pg.2
    • [xvii] Sistema de Información sobre Agresiones contra Personas Defensoras de Derechos Humanos en Colombia
    • [xviii] PDET: Development Plans with a Territorial Focus