On 21 November 2019, Colombian citizens, trade unions, students,indigenous groups, peace activists, women’s rights, environmental and other civil society organisations (CSOs), from across Colombia, took to the streets in the Paro Nacional (National Strike). According to the police they numbered around 207,000 people, however the March organisers put the figure closer to half a million. Initially the National Strike was planned for one day #paronacional21nov but it as of 10 December 2019 it was ongoing.
Photo and video from Twitter of the protests in Bogota
The National Strike, the first in three years, was initially called by trade unions to protest the proposed labour and pension reforms. It was then joined by a wide range of organisations with diverse agendas. Uniting these different groups were serious concerns regarding the policies and lack of implementation of the Peace Accord by Ivan Duque Marquez’s goverenment, and a desire for inclusive policies (political, economic and social), real and sustainable peace, honest dialogue and respect for human rights.
Confidence in the Duque government is weak and declining. This was evident in the local elections in October 2019 where there was a shift away from electing the Centro Democratico ruling political party’s candidates into key positions [1]. This discontent was picked up by a recent Gallup Poll where 70 per cent of those questioned believed things were getting worse under Duque, 85% that insecurity has deteriorated, others categories that had worsened were, 88% unemployment, 83% corruption and 77% economy whilst 85% said that the cost of living had increased.
The reform package proposed by the Duque Government which included labour and pension changes, led to over 40 trade unions initially calling for a national strike in November. These reforms can only increase poverty and worsen working conditions, as the proposals include changes to the law to allow hourly contracts, reduction in the hourly rate of pay for Students under 25 to below the minimum wage, and privatisation of pensions.
Why did the Indigenous Peoples join the Paro Nacional?
According to theUN Officeof the High Commissioner for Human Rights, 52 Nasa Indigenous Peoples, in just one department of Colombia – Valle de Cauca, have been killed between January-October 2019, 11 of those were human rights defenders; wheras INDEPAZ (Colombian Think Tank) but the figure at 88 killed. In addition since Duque came to office in August 2018 135 Indigneous Peoples across Colombia have been killed according to ONIC.
Cristina Bautista Taquinas, Nasa-Mizak from the Cauca Province, indigenous leader and four other from the Nasa Indigenous Peoples were assisnated in Valle de Cauca on 29 October 2019.
‘…genocide is being committed against Indigenous peoples’
Cristina Bautistawas the Indigenous Governor of the resguardo Tacueyó, she recently spoke about the repression of Indingeous Peoples and the killing of Indingeous leaders at the UN in Geneva. To see the video click on her photo above.
Security Forces and Citizens Injured during the National Strike
According to CCJ as of 27 November, at least 341 Public Security Forces had been wounded, 232 of hospitalised. According to the ” Defender la Libertad” campaign, 831 recorded detentions during the demonstrations. According to the Ministry of Health between 21 and 23 November, 351 protesters were injured. One of the monitors of the protest for the Inspector General’s Office reported that he had seen ESMAD (the riot police) fire tear gas into the crowd of peaceful protesters, with families present, in the Plaza de Bolivar.
Death of a Young Peaceful Protester
Sadly, the protest saw the death of Dilan Cruz, allegedly, as a result of excessive use of force by ESMAD. Dilan was a 16 years old student, exercising his right to peacefully protest in support of, and to promote change, he was injured by ESMAD who shot directly at him (something prohibited in Colombia’s Action Protocols), and died due to the brain injury caused. According to CCJ the type of ammunition used by ESMAD, although not lethal, cannot be shot at the head. Colombia only permits these bullets to be used in extreme cases of disorder and from the chest down. Videos ciculating on Twitter show that the situation in which Dilan died was not one of extreme disorder. In fact, according to Semana, it was a peaceful protest. Some allege that the bullet used by ESMAD was altered making it more aggressive. According to Semana this is not unusual as there are dozens of proceedings against ESMAD for alleged use of weapons that are irregular i.e. deliberately altered to make them more agressive in their impact. ESMAD has been accused of excessive use of violence on many occcassions, as a result CSOs are calling for it to be disbanded.
Dilan Cruz
Dilan Cruz: Click on photo to view video Photo from: Instagram
On 25 November 2019, people gathered across Colombia for a cacerolazo in memory of Dilan Cruz . His family asked that people make this a peaceful remembrance. The cacerolazo in memory of Dilan Cruz spread across towns and cities in Colombia. RCN filmed in Bogotá, Bucaramanga, Medellín, Popayán you can see this by clicking on Dilan’s picture above.
According to the Colombian Commission of Jurists,Dylan’s death appears to be the result of excessive use of force and violent repression by the Public Forces. It is essential that Dylan’s death is fully and quickly investigated and punished.
Notes:
[1] Colombians voted for governors, mayors, town councils, and local legislatures on 27 October 2019. “Voters especially rejected the ruling rightist party of President Iván Duque and former president Álvaro Uribe. In most cities, voters also rejected powerful political machines. Independent candidates with anti-corruption messages—many with ties to social movements—enjoyed unprecedented success. However, in the countryside, it was business as usual: supported by rivers of questionable campaign money, local bosses and candidates of long-reigning, corrupt political clans who won easily.” Adam Isacson
Type of Internship: minimum 6-months, part-time (2 or 3 days per week), unpaid
Starting Date: first week of November 2020
ABColombia is looking for a dynamic person to work on issues related to human rights and development as part of the ABColombia team. The person should either have experience of working in issues related to social media and communications, human rights or development or a degree in human rights, development or a related subject. They should be fluent in English and have an advanced level of Spanish. Be flexible and able to work well in a small team.
As an intern you would assist with carrying out research, editing the website and other communications work including working on social media campaigns, the logistical planning and organisation of public events, meetings and human rights defender virtual tours. In addition, you would be required to help manage information and undertake a range of administrative tasks.
During the COVID pandemic you will be required to work, in the main, virtually. There is a possibility that the office will open at some point and that we will be able to have the occasional meeting in our offices. This requires a different form and level of communication that we hope might also be of benefit to learn over your internship period.
ABColombia is the advocacy project of a group of five leading UK and Irish organisations with programmes in Colombia: CAFOD, Christian Aid UKI, Oxfam GB, SCIAF and Trócaire. Amnesty International and Peace Brigades International are observer members. Founded in 1997 to work on the question of forced internal displacement, it has since expanded its mandate to cover human rights and development. ABColombia’s purpose is to influence decision makers in the UK and Ireland and, through them, European level decision making – with a view to resolving the human rights and humanitarian crisis in Colombia and achieve a lasting peace and equitable and sustainable development. ABColombia’s thematic areas of work are: Natural resources access and control; Land and territory; Conflict transformation and peace building; Women and conflict-related sexual violence; and Protection of defenders and their working space.
If you are interested in an internship with ABColombia in the future, we recommend subscribing to the ABColombia Newsletter, where we advertise vacancies when they become available.
The Carbones de Cerrejón mine is owned by three multinational companies two of which are registered on the British Stock Exchange, Anglo American (British Company), BHP Billiton (Austrailian Company) and Glencore Xstrata (a Swiss Company). Cerrejon also has an office in Ireland. It is one of the largest open pit coal mines in the world and the largest in Latin America. It is constructed on land where the Wayuu Indigenous Peoples roamed freely until its arrival. It is was also home to afro-Colombian communities.
I continue to be concerned by reports of the detrimental impact of the mine on the environment and on local communities,” Mr Simon Coveney said [Irish Foriegn Affairs and Trade Minister]. “[Irish] Embassy officials intend to visit La Guajira in the near future and meet with human rights defenders and civil society groups.
Click on this photo to listen to the video: Local community leader speaks of his experience of the Cerrejon mine: the impacts on the community and his concerns for the future. Cerrejon is altering the course of the River Bruno which will generate greater impact on communities living along the river and beyond.
In the lead up to the National Strick (Paro Nacional) over 500 organisations which form part of La Alianza, the Coordination Colombia, Europe, United States (CCEEU), the Colombian Platform for Human Rights, Democracy and Development and the Rural, Ethnic and Popular Agrarian Summit explained what they saw as the key reasons for the National Strike. Below is a summary of the key points made in the Spanish Statement.
They were protesting about regressive measures taken by President Iván Duque Marquez’s Government, in matters of peace building and human rights.
Highlighting the following points:
The lack of political will on the part of the Colombian Government to implement
the Peace Accord signed by the State with the FARC-EP. Their concerns centred
on the Duque’s government attacks on the institutions of the Transitional
Justice System (SIVJRNR) and the lack of resources allocated for its implementation
in the National Development Plan 2018-2022. As well as, the lack of a rights-based
approach, especially in relation to economic, social, and cultural rights and
gender, in the National Development Plan.
Profound concerns surround the security and defense policy – entitled Democratic
Security, which is based on themilitarisation of communities territory,
the recent appointment of high level commanders that perpetuate the logic of
the “internal enemy.” As well as a military doctrine that infringes International
Humanitarian Law (IHL) as a result of promoting operational results at any
cost, and stigmatization of indigenous and Afro descendant peoples and peasant communities.
Repressive government policies to the legitimate demands of rural communities
and students, as well as, abuses in the use of force by ESMAD
The lack of guarantees for the defence of human rights, the killings and criminalization
of human rights defenders. Ignoring CSOs proposals for protection measures and instead
using the situation as an excuse to militarize communities’ territories.
Labor and pension reforms which are likely to lead to even more precarious employment. Legalising part-time work and social security contributions below the minimum wage.
Failure to comply with the recommendations of the various international
human rights protection mechanisms of the UN and the Inter-American System, and
failure to issue official invitations to UN Special Rapporteurs despite
repeated requests.
International civil society organisations (CSOs) urge the Colombian government to guarantee the legitimate right to freedom of assembly and peaceful social protest enshrined in the Colombian Political Constitution
The peaceful protests by Colombian citizens that started on 21 November 2019 in several cities and municipalities across the country as part of the National Strike, are the legitimate right of the Colombian people to freedom of assembly and social protest enshrined in the article 37 of the Political Constitution.[1] In this context, the reports of arbitrary detentions and criminalisation of social protest, along with the excessive use of force by some members of the Police Force are gravely concerning, particularly in the case of young people and students. As of 23 November 2019, according to statistics collated by the Campaign Defender la Libertad: Asunto de todas, here have been 831 detentions, 25 people injured; and the death of young Dilan Cruz.
As international civil society
organisations that work and have a presence in Colombia, we call on the
Colombian authorities, led by the President of the Republic, to ensure that
citizens who decide to protest, are guaranteed their rights to assembly and
freedom of expression at public gatherings and can demonstrate without fear.
We publicly express our support for the right to peaceful and public demonstrations, we reject any use of violence, and call on the Colombian government to respect the right to peaceful protest by taking specific measures:
1. Fully implementing the Peace Agreement signed with the FARC-EP.
2. Immediately implementing resolution 1190 of 2018 of the Ministry of Interior as a mechanism to prevent excessive use of force by members of the Police Force.
3. Refraining from issuing statements that delegitimise or stigmatise social protest and that may put at risk people who participate in demonstrations.
4. Ordering the relevant authorities to promptly conduct investigations and sanction any State agents and other persons responsible for abuse and violence within the framework of the protests.
As international civil society
organisations, we continue on Alert for a Colombia in Peace and reiterate our
commitment to a negotiated solution to the conflict in Colombia.
Bogotá, 29 November 2019
Notes:
[1] Article 37. Citizens are entitled to public assembly and to peaceful public protest. Only the law may expressly establish the cases in which the exercise of this right may be limited (unofficial translation). Artículo 37. Toda parte del pueblo puede reunirse y manifestarse pública y pacíficamente. Sólo la ley podrá establecer de manera expresa los casos en los cuales se podrá limitar el ejercicio de este derecho.
Four indigenous tribes Wiwa, Kogui, Arhuaco and Kankuamo live on sacred lands marked by what is referred to as the Linea Negra. The Lina Negra crosses three Colombian departments (counties) La Guajira, Magdalena and Cesar and borders the Caribbean Sea, in North of Colombia. The Linea Negra consists of 348 sacred places and is officially recognised by Decree 1500 (2018) issued at the end of the Santos Government.
Article 1. Objective is to “redefine the ancestral territory of the Arhuaco, Kogui, Wiwa and Kankuamo Peoples of the Sierra Nevada de Santa Marta, expressed in the system of sacred spaces of the “Black Line -Sheshiza”, as a traditional area, of special protection, of spiritual, cultural and environmental value, as well as establishing measures and guarantees for effective protection, in accordance with the principles and foundations of the Law of Origin… and in Law 21 of 1991 and following the provisions in Order 189 (Auto 189) of 2013 of the Constitutional Court. [1]
Decree 1500 (2018) on the Linea Negra
At the beginning of November 2019 theIndigenous Peoples of the SNSM arrived in Bogota for dialogues with the Colombian Government regarding the importance of the implementation of Decree 1500 and to make an urgent national and international call for people and organisations to support them in defending the Heart of the Earth. An important environmental, cultural and spiritual area for the protection of the Earth. (Tweet: #HeartoftheEarth#CorazonDelMundo)
Public Statement: Kogui, Arhuaco, Wiwa and Kankuamo Indigenous Tribes
An unoffical translation of the statement in Spanish here
The Indigenous Peoples and Organizations Kogui (OGT), Arhuaco (CIT), Wiwa (OWYBT) and Kankuamo (OIK), represented in the Territorial Council of Cabildos (CTC SNG), DENOUNCE the serious risk of physical and cultural extermination of the Heart of the Earth -Sierra Nevada, and have published the follwing Public Statement:
We denounce the serious risk of destabilisation of the spiritual and material order of the territory of Gonawindua and its system of sacred lands of the Black Line (Linea Negra); and the incalculable and irreparable impact on the natural ecosystem of the Sierra Nevada – the Heart of the Earth. The Sierra Nevada de Santa Marta is threatened by the extractive economic model, and the absence of guarantees to ensure the protection and conservation of the environmental, cultural and economic values of the territory, deepening a systematic violation of our fundamental rights, which would precipitate the physical and cultural disappearance of the four Indigenous peoples, and the survival of the world population of both current and future generations.
We reiterate our mandate and mission bequeathed since Law of Origin, to care for the Heart of the Earth. We have insisted on the importance of caring, conserving, protecting and saving the Heart of the Earth based on the ancestral territorial order. This spiritual order is the foundation of life. The integral function of the Sierra Nevada is based on the maintenance and control of the elements of nature to guarantee order and balance in sacred spaces, as the foundation of life, of cultural permanence and of the government of the indigenous peoples. To maintain the natural balance of the Sierra Nevada the integrity of the elements of land, sea, water .wind, fire, stones, minerals, plants and animals is necessary; associated and linked to the integrity and complementarity of the territory and the ecosystem from the highest snow point to the nine colors of the sea.
We are putting out an urgent call to warn that the Heart of the Earth is at
high risk. This is due to the actions of the Colombian
State, in ignoring its responsibilities, and failing to pay attention to the
problematic issues raised, over various years, in the dialogues we have had. So
far, we have received no answers, on the contrary, the applications,
concessions and licensing of mining and energy and other megaprojects are
increasing. These affect the survival of communities, and the integrity of the
ancestral territory of the Sierra Nevada de Santa Marta as a unique ecosystem
in the world. That is why today, the protection of the Sierra Nevada de Santa
Marta is an issue that concerns all of us, this ecosystem is at risk of
disappearing, and with it risks, the increased possibility of the physical and
cultural extermination of the Four Indigenous Peoples of the Sierra Nevada de
Santa Marta.
Our duty is to join forces to maintain the
balance of the universe and the possibility of life for many generations. We
are aware that the impacts of mining and megaprojects are irreparable and
irreversible, so we ask, who can create a new and healthy planet, when this one
ends?
We re-affirm our mission and policy of care
and protection of the ancestral territory demarcated by the Black Line (Linea
Negra). This spiritual holistic conception of territory has been the main
foundation of our policies and government in our territory. In this concept of territory,
the indigenous authorities raised with the national Government the importance
of adopting measures that guarantee the integral protection of territory. For
this reason, we demand the effective implementation of Decree 1500 of 2018
on the Black Line (Linea Negra), right now, there appears to be no
political will to implement it. Added to this, is legal instability due to the petition
for nullification of this decree, promoted mainly by those with economic business
interests, which is before the the State Council (Consejo del Estado) [1].
We demand that the state authorities at municipal,
departmental and national levels, and international bodies, establish and
comply with agreements to guarantee the conservation and protection of the
Sierra Nevada, and urgently adopt the following guidelines:
Respect for, and integrated protection of, the sacred ancestral lands of the Black Line (Linea Negra)
Suspension and definitive cessation of granting mining concessions – and megaprojects –in our ancestral territory
Sanitation and restoration of harmony in our territory.
Today in the city of Bogota, the Mamos, Authorities and delegates of the four indigenous peoples of the Earth, invite the whole country to together, save the Heart of the Earth.
“We are spiritual and material Guardians of the Heart of the Earth and we will continue fulfilling our mission to save Humanity”
Notes
[1] The orignal in Spanish reads: Artículo 1. Objeto. El presente decreto tiene por objeto redefinir el territorio ancestral de los pueblos Arhuaco, Kogui, Wiwa y Kankuamo de la Sierra Nevada de Santa Marta, expresado en el sistema de espacios sagrados de la “Línea Negra -Sheshiza”, como ámbito tradicional, de especial protección, valor espiritual, cultural y ambiental, así como establecer medidas y garantías para su efectiva protección, conforme los principios y fundamentos de la Ley de Origen de estos pueblos, en desarrollo de la Ley 21 de 1991 y atendiendo lo dispuesto en el Auto 189 de 2013 de la Corte Constitucional.
My body tells the truth! This was the central message chosen by the Truth, Coexistence and Non-Repetition Commission (Truth Commission) in the first event for survivors of sexual violence in Colombia’ armed conflict.
On 26 June 2019, the Truth Commission invited 30 victims of sexual violence to give their testimonies. Some were read by the victims themselves others were read on behalf of the victims. This event highlighted that sexual violence has been committed by all armed groups legal and illegal in the conflict against the civilian population. In particularly against girls, adolescents and women. Multi-faceted oppression combined with the Colombian conflict to further perpetuated violence against Afro-Colombian and Indigenous girls, adolescents and women.
The testimonies given at this event made it clear that sexual violence has been used throughout the country for different purposes: to dominate and control the body of women, punish, control, send a messages to the enemy registered on the body of women victims, silence community leaders and human rights defenders and to intimidate.
Decree law 588 of 2017 established the Truth Commission for a period of three years. Its objectives include:
To seek the truth of what happened, to shed light on the violations committed, and to offer society a broad explanation of its complexity;
Maintain the centrality of the victim by guaranteeing victims participation and ensuring their dignity ;
Promotes recognition of victims’ right to the truth;
to document patterns of violence and produce a final report
If the work of the Truth Commission is to have an impacting the long-term it should:
lead to concrete measures being taken by the state and society to actively prevent and eliminate violence against women.
Address impunity in order to help guarantee non-repetition and a life free of violence for women.
Recognise and document the connections between violence by armed actors in the conflict and violence in the private sphere.
It will also be important to explore questions such as:
why has sexual violence impacted disproportionately on women and girls?
How does racism, patriarchal attitudes and geographic location interact to generate violence against Afro-Colombian and Indigenous Women?
The Truth Commission explains what it understands as the gender Approach:
The gender approach in the work of the Truth Commission is an analysis tool that recognizes the disproportionate impact of the armed conflict on the lives of women and girls as a result of the violence that armed actors exercise against them because of its gender; as well as in the lives of lesbians, gays, bisexuals, transgender and intersex because of their sexual orientation and gender identity. In this sense, the Commission incorporates the gender approach as a cross-cutting element throughout the scope of its work.
The Truth Commission has created a gender working group to contribute to tasks of a technical nature, research, preparation of the truth meetings with a gender focus, as well as the coordination with women, lesbians, gays, bisexuals, transgender and intersex networks and organisations.
Evidence of the differential ways in which the conflict affected people because of their gender, sexual orientation and gender identity is a starting point for the implementation of measures to restore rights, clarify the patterns of violence to which they were exposed, promote recognition, the responsibility of the perpetrators, to reveal the day to day mechanisms built and that promote the construction of sustainable peace in the rural areas. In this analysis, the Commission will take into account the work already addressed by organizations and women’s movement that have studied the armed conflict and its concrete impacts on women, girls and LGBTI people, from a multi ethnic and multicultural diversity.
On 20 November 2019, the Truth Commission signed a set of agreements with Oxfam, Catholics for the Right to Decide, and the Center for Reproductive Rights in order to strengthen the different actions and relationship with social organisations and community authorities representing women, LGBTI, Peasant farmer, Indigenous and Afro-Colombian communities.
On 21 April 2004, the ethnic-territorial organisations of the department of Chocó and the Diocese of Quibdó, addressed the then President of the Republic of Colombia, Dr. Álvaro Uribe Vélez, in an open letter on the crisis of legitimacy in the Atrato region. In it we notified the national government about the serious humanitarian crisis and the systematic violation of human rights and international humanitarian law against Afro and Indigenous communities in the municipality of Bojayá, being perpetrated by legal and illegal armed actors.
Fifteen years have now passed, and this same situation is being repeated, with a
variant that, thanks to the Peace Accord, today the FARC-EP has left the territory.
But in the absence of the implementation of the agreements in the Peace Accord,
the ELN has occupied the space left by the FARC, has strengthened militarily
and increased its aggressions against the civilian population. Likewise, the
Government has not been effective in combating new forms of paramilitarism and
criminal gangs, who today have increased their activities in the ethnic
territories.
The above, Mr. President, is based on the following facts:
The Office of the Human Rights Ombudsman (Defensoría del Pueblo) in your government’s period of office has issued two ‘Early Warning Alerts’ (Alertas Tempranas) and five ‘Risk Reports’ (Informes de Consumación de Riesgo), addressed to the Intersectoral Commission for Rapid Response to Early Warning Alerts (CIPRAT), reporting the situation in Bojayá.
The Office of the United Nations High Commissioner for Human Rights has documented and reported violations of human rights and international humanitarian law against the ethnic population, specifically in the municipality of Bojayá.
Afro and Indigenous organisations and the Diocese of Quibdó, during the period of your government, have issued different public communiqués and denouncements, regarding the serious humanitarian crisis faced by the citizens of the municipality of Bojayá.
Despite the above, the
Colombian Government has not been effective in guaranteeing the rights of this
population. On the contrary, once again, we perceive the government as having a
complacent and omissive attitude with respect to the actions of the armed
actors. If this were not the case how is it that, in the municipality of Bojayá
territorial control is exercised by the ELN and the paramilitary groups of the
AGC in the river basins of Opogadó, Napipí and Bojayá.
It is evident that the systematic violation of the rights of the ethnic communities in the Bajo and Medio Atrato is intended to seize our territories, with the purpose of carrying out large-scale economic projects, specifically the exploitation of natural resources, mining, energy and monocrops, which is what we are encountering here.
In addition, illicit crops such as coca, are increasing
and due to the territorial control, that is being exerted in the communities,
there is pressure to plant marijuana. The forced recruitment of children does
not stop, the confinement and displacement of ethnic populations, the assassinations,
threats and accusations against leaders and ethnic authorities are the order of
the day. Antipersonnel mines are been planted all over the ethnic territories.
The armed actors are present in the populated centres of
the communities, imposing social, political, territorial and economic control,
ignoring the internal regulations, autonomy and systems of government of the communities.
Especially the paramilitaries, who exhibit their military power in men and arms,
their supplies are openly transited in the Atrato river, in for example, motorised
canoes and speed boats, which in some case are filled with hundreds of combatants.
All this under the impassive sight of the Security Forces, in the Bajo and Medio
Atrato.
Today, when Afro and Indigenous communities in the
municipality of Bojayá are preparing to receive the mortal remains of their
loved ones who were vilely slaughtered in the fateful Dos de Mayo 2002 massacre,
and to give them a Christian burial, according to their rites, uses and customs.
Once again there looms over our peoples and territories the threat of displacements,
confinements, massacres, torture, disappearances, forced recruitments,
violations. We believed these would be overcome with the signing of a Peace Accord
together with the political will of the Government for the construction of a sustainable
and stable territorial peace with guarantees of non-repetition.
Mr. President, in order that you legitimise that Colombia
is a social State where the rule of law is exercised, we respectfully ask that you,
as Head of the Colombian Military Forces and President of the Republic, honour
the Peace Accord. Implementing it in a timely and comprehensive manner,
specifically in relation to the Ethnic Chapter and provide constitutional
guarantees to the Afro and Indigenous people of Bojayá. This same situation is
suffered by numerous ethnic and peasant farmer communities in many regions of
the country, especially on the Pacific Coast. We stand in solidarity with the
suffering of all these communities and we urge you, Mr. President, to look for
mechanisms to ensure that these events are never repeated.
ABColombia along with other International organisations and intergovernmental agencies in Colombia express grave concerns regarding the violations and abuses of human rights of Indigenous and Afro-Colombian communities in Chocó and International Humanitarian Law (IHL). The presence of illegal armed groups including the Autodefensas Gaitanistas de Colombia (AGC) and the ELN continues. They are financed through legal and Illegal economies, as well as, extortion. They impose their regulations on communities with curfews, forcing them to attend meetings and pressurising them to cultivate of illicit crops. This has resulted in displacements, intimidation, kidnappings, confinement of communities, sexual and gender-based violence, the recruitment of children, assassinations of leaders and threats. These have been denounced by ethnic territorial organisations, the Catholic Church, the Human Rights Ombudsman’s Office and the UN agencies amongst others with a lack of effective response from the Colombian Government.
The UN Office of the High Commissioner for Human Rights in Colombia in its annual report point out that, ‘in many regions of Colombia, the presence of the State is limited to the military forces, requiring them to participate in tasks outside their responsibility’. This militarisation is happening in Chocó alongside a lack of response from State civilian institutions to the humanitarian crisis in Chocó, which, combined with the activities of the illegal armed groups, is generating terror. Additionally, communities report that the neo-paramilitary groups such as the AGC move freely in Chocó, even in large groups of 100 to 200, camouflaged and well-armed.
______________________
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.[i]
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.[ii]
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 mining) and strategic corridors for smuggling persons, drugs and weapons. 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[v] 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 reports of collusion between the AGC and the security forces. 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.[vii]
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).[viii]
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 Chocó, 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[ix].
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.[x]
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.’[xi] 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”.[xii] 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[xiii]. Many women from ethnic communities die in childbirth. There is also a lack of access to medicine and in confined communities to food as well.
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.[xiv]
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’ [xv]
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.[xvi] Frequently threats
against women HRDs are not only directed at them, but also their families.
Recommendations
The full implementation of the Humanitarian Accord Now in Chocó by all armed actors;
Full implementation of Court ruling T-622 in conjunction with the Peace Accord, and specifically, the Ethnic Chapter, the gendered agreements and the PDETs.[xvii] 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 PDET municipalities. 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 makes community participation a requirement which respects ethnic communities’ rights enshrined in Colombian Law 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
[i] 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 Usuario
[v] Defensoría del Pueblo (local Ombudsman) 21/10/2019
[vi] 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
[vii] Corte Constitucional-Sala Sexta de Revisión-T-622de 2016 Referencia: Expediente T-5.016.242
[ix] UN Office for the Coordination of Humanitarian Affairs (OCHA), Alert 22/10/2019.
On 27 August 2019, ABColombia sent a letter to the Colombian president Ivan Duque and other key figures in the Colombian Government. The letter expresses concern at the planned eviction of the Indigenous Wayuu community of El Rocío. The community is situated between Albania and Maicao in La Guajira, Colombia and lives in close proximity to the Cerrejón coal mine. The land located along the Arroyo Bruno (Bruno Stream) has long been of interest to the Cerrejón company, which is owned jointly by London-based multinationals BHP, Anglo American and Glencore. The acquisition of the land where El Rocío sits would enable the company to carry out a second diversion of the Bruno Stream, and ultimately continue the expansion of the mine.
ABColombia wrote the following letter to the Colombian Government calling for the protection of the community of El Rocío and their territory. It can be downloaded fully in English here and in Spanish here.
Urgent Action: The Imminent Eviction of the Indigenous Wayuu Community of El Rocío
As organisations with a long-standing history of working in human rights, inclusive, sustainable and just development, and the promotion of programs that address poverty and inequality in Colombia, the members of ABColombia would like call your attention to the situation facing the Wayuu Indigenous Peoples and the Afro-Colombian communities in La Guajira. The fundamental rights of these Peoples have been affected by the operation of the Cerrejón mine, and specifically the community of El Rocío.
ABColombia is the advocacy project of five British and Irish agencies with programs in Colombia: CAFOD, Christian Aid UK, Oxfam GB, SCIAF and Trócaire. The acronym ABColombia is an abbreviation of “Agencias Británicas e Irlandesas trabajando en Colombia” (British and Irish Agencies working in Colombia). The members of ABColombia, through the collaboration with their partners in Colombia, have been accompanying the Indigenous Wayuu community and the Afro-Colombian communities in La Guajira, who are living around the Cerrejón coal mine.
Four generations of the Wayuu community of El Rocio have inhabited their territory uninterrupted for over 40 years. During this period, they have suffered two incidents of forced displacement. The first was in 1997 by paramilitary groups, and the second was in 2010 by the FARC. These acts of displacement have seriously impacted the continued existence of the community, placing it in a situation of risk of cultural and physical extinction.
Currently the community consists of 30 families, 10 of whom permanently live in the territory, including 15 children, five breastfeeding mothers and a pregnant woman. Situated just 30 metres away from the bank of the Bruno stream, the community maintains a vital physical and cultural relationship with the river. However, the extractive activity of the mine and the diversion of the lower part of the river’s course, carried out by Cerrejón, according to the denouncements, has resulted in drying out of the river. This creates a difficulty for the communities to access water, in a situation where access is already difficult for the Wayuu communities in La Guajira.
It should be recognised that this community has been occupying this land for much longer than the 10 years that the legislation requires to formally acknowledge possession. Before that Toncel Redondo, formerly Hernández, held property titles and in accordance with the regulations on indigenous territories, her peaceful and uninterrupted occupation entitles her to the title of her territory.
It is therefore urgent that the relevant authorities carry out a detailed study of the real possession of the property in question and the existing titles. During this process, it is necessary to guarantee the permanence of the community on their land, and to protect their right to a dignified life, food sovereignty and their culture.
Equally, as victims of forced displacement considering Decree 4633 of 2011, it is important to ensure special attention is given to the rights of children and mothers who, in their vulnerable condition, would suffer a greater impact from violent eviction. We also request the provision of security for the Indigenous Wayuu community of El Rocío, and prevent the eviction from affecting fundamental rights, especially the vital minimum.”
We respectfully request the following from the institutions:
To the President of the Republic and the Minister of the Interior (Office of Indigenous Affairs, ROM and Minorities), the local authorities in La Guajira, the Mayor of Albania, La Guajira and Mayor of Maicao, La Guajira. Bearing in mind the establishment of the Decree 1066 of 2015 and subsequent additions, especially the duty to offer modes of protection to the communities who have been affected by violations of Human Rights. We ask you to offer security to the Indigenous Wayuu community of El Rocío, and prevent the eviction from affecting their fundamental rights, especially the vital minimum.
To the Mayor of Albania and the Mayor of Maicao, who hold primary authority over the population and police in their respective municipalities. In agreement with the commitments imposed by the Constitution, the Law and International standards and norms, the Indigenous Wayuu community of El Rocío be guaranteed the right to remain permanently in their territory, or resettlement in a place that offers the same, or better conditions, before the proposed action of eviction is carried out.
To the State Authorities (the Inspector General, Ombudsman and the Personería-Municipal Legal Office) to monitor the case of the Indigenous Wayuu community of El Rocío. Providing attention and protection measures to members of the community that may be affected by an arbitrary eviction action, if the minimum guarantees have not first been put in place for relocation.
The Victims Unit is requested, taking into account the provisions of Law 1448 of 2011 and the fact that the Wayuu community of El Rocío are victims of the internal armed conflict, to provide guarantees of non-repetition. Given that to carry out an arbitrary eviction against this community, would in practice imply a new forced displacement, this time by state agents.
Regional Ombudsman of La Guajira, the National Office of the Attorney General and Municipal Personnel of Albania. To consider the functions established by the Political Constitution and the Law for each of these institutions and the Relevant directive 02 of 2017 of the Attorney General’s Office.
Unit for the Care and Integral Reparation of Victims (UARIV), bearing in mind the establishment of the Law 1448 of 2011. To consider the reparation measures, satisfaction and guarantees of non-repetition, for the victims of the internal armed conflict.
