ABColombia

Category: News Archive

  • Business, Human Rights and Environment Act

    Business, Human Rights and Environment Act

    As part of the Corporate Justice Coalition, ABColombia along with 30 other organisations have endorsed the statement below calling for a new business, human rights and environemtnal law.

    There is an urgent need for a new UK law on business and human rights.

    The UK was once a pioneer on business and human rights. But now, the UK is clearly falling behind other countries in its duty to protect our human rights and environment from corporate abuse.

    The clear next step for the Government, following a year where it has chaired the G7 and COP26, is to show global leadership by introducing a new law to require companies to conduct human rights and environmental due diligence in order to prevent and mitigate the risks that they pose to rights – as called for by the universally approved Guiding Principles. This law, which we refer to as UK ‘Business, Human Rights and Environment Act’ must also include legal liability for harm – modelled on the UK Bribery Act’s ‘failure to prevent approach’ as already recommended by Parliament’s Joint Committee on Human Rights – to ensure access to remedy for victims of abuses

    We are encouraged that the Government now says that it: “…would need to be persuaded that any proposals to mandate supply chain due diligence in UK law are practical, proportionate and would deliver tangible improvements to the protection of people’s rights in the UK and elsewhere in the world.”

    And we stand ready to work with the UK Government and Parliament to help develop the practical and effective new law called for by civil society, business and the UK public.

    The case for such new due diligence laws was unequivocally made by the practical and proportionate framework elaborated by the UNGPs and resolutely supported by the UK Government. Crucially, the UNGPs explain that a ‘smart mix’ of measures including binding laws set out by states are necessary to foster business respect for human rights.

    Such new laws form a new international consensus on business and human rights. But as other countries move ahead with their plans for a new generation of domestic laws to hold business to account for such abuses, the UK is fast becoming a laggard on this vital issue.

    European states and the EU bloc itself are now introducing new laws placing due diligence obligations with liability on companies operating in their jurisdictions – in many instances, these laws will apply to UK companies doing business in these states.

    This will have major consequencesfor these businesses, compounding an already distinct lack of clarity and certainty on their legal obligations on human rights abuses and environmental destruction. And if good practice in the UK remains to be only encouraged by voluntary guidelines or limited and toothless reporting obligations, companies doing the right thing will face a clear competitive disadvantage.

    As a statement endorsed by 36 businesses and investors, including the British Retail Consortium, John Lewis Partnership, Tesco, Asos, Primark, Microsoft and Twinings outlines:

    “We call on the government to introduce a new legal requirement for companies and investors to carry out human rights and environmental due diligence.”

    “Legislation can contribute to a competitive level playing field, increase legal certainty about the standards expected from companies, ensure consequences when responsibilities are not met, promote engagement and impactful actions between supply chain partners and, above all, incentivise impactful and effective action on the ground.”

    Central to ensuring such a new law is practical and delivers tangible improvements to people’s
    rights and the environment is accountability backed up by enforcement. Where S.54 of the Modern Slavery Act, a limited reporting obligation with low compliance, has unquestionably failed, there is a clear need for a new law that, through strongly enforced accountability measures, places the focus on the fundamental need for abuses to be prevented in the first place.

    To level the playing field in practice, the requirement needs to be accompanied by consequences that will be strong enough to ensure that businesses that fall within the scope of the legislation carry out HREDD to a high standard and that victims have access to justice.” statement from UK businesses and investors

    Due to the global nature of UK business value chains, a new UK law would have a global impact on the improved realisation of human rights. But it would also have clear effect in the UK. As an expert legal opinion into the potential liability of Boohoo for alleged supply chain abuses in Leicester finds, Boohoo’s story is, “… a compelling example of a situation in which such legislation might have made a difference”.

    In the absence of new laws we face a profound ‘governance gap’ in how we regulate business on human rights and the environment, which includes the impact of public sector commercial activities – and the result of this governance gap is that it creates potential and actual corporate impunity for the ongoing abuses of human rights and unjust environmental destruction suffered by people and communities in the UK and around the world.

    While the UK has recently passed the Environment Act, its limited, sectoral due diligence approach to deforestation notably excludes internationally recognised human rights – against the express advice of the Government’s own multi-stakeholder taskforce. A combined approach to human rights and the environment is needed to protect forests, ecosystems and communities from abuse.

    It is increasingly clear that the UK public is also in support of rules to ensure business behaves responsibly. This is clear from polling of the UK public and also the more than 50,000 people who have signed a petition telling Parliament that: “We need a new law to hold business and the public sector to account when they fail to prevent supply chain human rights abuses and environmental harms.”

    A ‘Business, Human Rights and Environment Act’ would ensure the UK is in step with other countries introducing new corporate accountability laws incorporating mandatory due diligence. It will help resolve the confusing patchwork of regulations faced by UK businesses while ensuring the ‘level playing field’ called for by UK business. It will ensure that the public sector sets a template for the responsible behaviour and sustainable conduct government expects of business. And it would ensure the UK statute book keeps pace with English Common law, under which UK parent companies can now, under certain conditions, be held liable for harms committed by their subsidiaries – the UK Supreme Court has now ruled unanimously on two occasions that the scope of such potential liability is broad and can encompass public commitments on human rights and sustainability which are not honoured. Most importantly, a new law can help protect the rights of people and communities around the world from potential or actual corporate abuse.

    It is not enough to only ‘encourage’ business to undertake human rights and environmental due diligence: soft law approaches are not sufficiently effective to change how businesses operate with respect to human rights. While the UK has made progress in recent years, it must now step forward with the binding laws we urgently need to change the situation faced by people, workers and communities around the world suffering abuses of their rights and environment.


    The time to act is now!

  • Criminalisation of Colombian Human Rights Defenders in Jiguamiandó and Curvadó

    Criminalisation of Colombian Human Rights Defenders in Jiguamiandó and Curvadó

    17 February 2021

    Human rights defenders and community leaders in Uraba, are not only being killed but they are now also being criminalised. Community leaders from Jiguamiandó and Curvarado, Erasmo Sierra, Félix Alvarado Zabaleta, Wilson Mena Romaña, Ovidio González Cabrera and José Yesid Guzmán Rodríguez, are facing criminal charges.

    These Afro-Colombian and Mestizo community leaders were exposed to terrible atrocities, forced to displace from their communally owned territory, later they returned with the help and accompaniment of the NGO the Comision Intereclesial de Justicia y Paz (Inter-Church Comision for Justice and Peace).

    Their return was achieved in a small part of their territory where they established Humanitarian Zones, territory clearly demarked with fencing as hamlets where the civilian population were living. They insisted that all armed actors honour International Humanitarian Law and not involve the civilian populations in the conflict, and that all armed actors refrain from entering these zones. They had special protection measures from the Inter-American Commission of Human Rights and International Accompaniment by organisations like Peace Brigades International.

    The Humanitarian Zones were a way of using International Humanitarian Law (IHL), that includes not involving the civilian population in the conflict, to protect communities. These leaders and their communities sought to maintain control over their territory, through peaceful resistance in their communally owned land and to prevent land-grabs. Therefore, these trumped-up charges do not make any sense in this context.

    The leaders of these communities stood their ground in a brutal conflict which claimed the lives of leaders like Orlando Valencia (2006) forcibly disappeared, tortured and assassinated, Ualberto Hoyos (2008) shot several times in front of the community, Benjamín Gómez (2009), Argenito Díaz (2010) and Manuel Ruiz (2012). The communities of Jiguamiandó and Curvardó returned to a small portion of their territory in the midst of an ongoing conflict in an effort to prevent their territory from being turned into palm plantations or cattle ranches by large land owners with links to paramilitary groups who had grabbed their land. Paramilitary bosses in that region testified that they had forcibly displaced the Afro-Colombian Communities and brought in the palm plantation owners.

    These community leaders are accused by the Attorney General’s Office of belonging to the extinct FARC-EP guerrillas. Previous attempts to criminalise them were dropped in 2004 due to the lack of any credible evidence. These communities continue to peacefully resist very powerful economic and political actors with links to illegal armed groups. In fact, in April 2011 testimonies from the Jiguamiandó and Curvaradó communities led to  23 palm cultivators and councillors being formally charged. The charges brought against them included: conspiracy, forced displacement, falsifying public documents and environmental crimes.

    For further reading on Humanitarian Zones see Self-Protection Mechanisms: Colombian Rural Defenders and Communities

  • Event: Judicial Independence at Risk in Guatemala and Colombia.

    Event: Judicial Independence at Risk in Guatemala and Colombia.

    Watch this event again in English here

    Virtual Event on 2 March 2022

    Organisers: ABColombia, Federation of European Bars, Colombian Caravana of UK Lawyers, CAFOD, CINEP, CALDH, PBI UK

    Chair: Former British Ambassador to Colombia, John Dew

    Speakers:

    Her Excellency Joanna Korner CMG QC, International Criminal Court Judge

    • The Importance of Trial Management in the Delivery of Justice for Victims

    Héctor Reyes, Director, The Centre for Legal Action on Human Rights – CALDH

    • Guatemala: Judicial Independence and the impact of the rollback of hard-won historical gains

    Julian Salazar, Centre for Investigation and Popular Education/Programme for Peace – CINEP

    • The importance of judicial independence in the transition context of Colombia

    Lizzette Robleto de Howarth, International Programmes Manager, The Law Society of England & Wales

    Louise Winstanley, Programme and Advocacy Manager, ABColombia.

    • What can the international community and particularly lawyers do to support lawyers and human rights defenders in Colombia and Guatemala.

    Background

    According to the United Nations, the independence of the judiciary and the free exercise of the legal profession continues to be under threat in many countries of the world. Judges, prosecutors and lawyers are subject to attacks and violations of their rights, including threats, intimidation, external interference in conducting their professional activities, arbitrary detention, prosecution, and killings. (UN Special Rapporteur on the Independence of Judges and Lawyers purpose of the mandate)

    The importance of judicial independence in the transition context of Colombia: Of the three institutions that make up the Transitional Justice system in Colombia, the one that has generated most disagreements in the political sphere has been the Special Jurisdiction for Peace (JEP). The JEP, as a transitional court, advances in the formation of its national and regional structures, as well as in the authorization of procedures within a scenario in which the perpetrator is held accountable for the crimes committed during the conflict, and in which the victim can have their rights recognised. It fulfills this mission under crossfire from high-ranking state officials and from political sectors of the country that are averse to the Peace Accord. The legitimacy of the JEP depends, in addition to its independence and compliance with clear procedural rules that guarantee impartial trials for the perpetrators, on the implementation of mechanisms for the participation of victims.

    If one of the objectives of transitional justice is the recognition of the victims, then it is imperative that its legitimacy comes precisely from them. The attacks that undermine the judicial independence of the JEP demonstrates that we are far from understanding that the transition to peace will be very difficult if we remain in the old schemes of retributive justice and do not try to walk the paths of a new paradigm of restorative justice, which helps both victims and perpetrators to reintegrate within their communities through the full use of their citizenship.

    Guatemala: Judicial Independence and the impact of the rollback of hard-won historical gains: Guatemala, almost 25 years after the signing of the Peace Accords, is going through a political and institutional crisis and a major setback in matters of Justice and Human Rights that are impacting specifically on indigenous peoples, and particularly, women. Coupled with this, a power alliance has co-opted all State agencies characterised by the strategic convergence of the ultra-conservative and religious fundamentalist sectors, that together with structures of the old oligarchic-military order and organised crime, are recapturing the State for the purpose of corruption and entrenching impunity, as well as the maintaining their privileges. Since the departure of the International Commission against Impunity (CICIG) in 2019, the advances achieved in ​​Justice and Human Rights have been dramatically reversed, along with the fight against corruption – which has been
    historically entrenched in Guatemala.

    Biographies

    Her Excellency Judge Joanna Korner CMG, QC is a Judge of the International Criminal Court.

    Judge Korner was from 1975–1993, a practicing barrister at 6 King’s Bench Walk. In 1993, she was made a Queen’s Counsel and became a Recorder (judge) in the Crown Court of England and Wales in 1994 undertaking serious criminal cases including fraud, murder, serious sexual offences and other grave crimes. In 1999, Korner became a Senior Prosecuting Trial Attorney at the Office of the Prosecutor at the International Criminal Tribunal for the former Yugoslavia. In 2012, Korner became a Judge of the Crown Court of England and Wales. In 2014, Korner was appointed to the specialist fraud court presiding over trials of public interest involving hacking, insider trading, multimillion-pound scams and large-scale theft. In 2019, Joanna Korner was nominated to be the United Kingdom’s candidate for the 2020 judicial elections of the International Criminal Court based in The Hague, Netherlands. In December 2020, Judge Korner was elected to serve as a Judge of the International Criminal Court, for the term 2021-2030.

    The Center for Legal Action on Human Rights -CALDH

    The Center for Legal Action on Human Rights -CALDH- is a non-profit Civil Society Organisation (CSO) with a vast experience in Guatemala. It has developed strategic litigation processes in the framework of serious human rights violations that occurred during the internal armed conflict, achieving historic sentences in the Guatemalan Courts including, the first sentence for Forced Disappearance (Choatalum Case, 2008); Judgment for the Sánchez Massacre Plan (2012); two Sentences for Genocide against the Maya Ixil Peoples (2013 and 2018); Sexual Violence and Forced Disappearance (Molina Theissen Case, 2018). To date, CALDH has litigated cases against land, territory and human rights defenders (Saúl Méndez and Rogelio Velásquez Santa Cruz Barillas Case, 2015); Freedom of Expression (Case of Journalist Oswaldo Ical); Femicide and other forms of violence against Women (Juana Raymundo Case, 2020). As well as obtaining judgments in the Inter-American Court of Human Rights (Plan de Sánchez, 2004; María Tiu Tojin 2008; Gómez Virula, 2019). Based on the tireless struggle of the survivors, mainly Mayan Indigenous Peoples, CALDH has strongly promoted processes of recovery and re-signification of Historical Memory, today in the Casa de la Memoria Kaji Tulam (Kaji Tulam House of Memory) and a large number of processes with communities, Mayan Indigenous Peoples, women, and youth nationwide.

    CINEP

    CINEP (Centre for Investigation and Popular Education) is a leading independent ‘think tank’ engaged in investigation and advocacy work on issues related to the conflict and social policy in Colombia. It has developed one of the most highly respected data bases on the conflict situation and human rights in Colombia.  

    It carries out programmes in rural regions with communities and important research on the conflict, violence, human rights, public services, politics and the State, poverty, development and social movements and popular education. This research has led to the development of a large database of information and analysis along with proposals for policy changes. It also develops comprehensive proposals for the construction of peace in Colombia.

    In accordance with Colombia’s Final Peace Accord in 2016 (6.3.2), CINEP/PPP is a part of the official monitoring body of the implementation of agreements. As the Technical Secretariat of the International Component of Verification, along with the Resource Center for Conflict Analysis (CERAC), it contributed to verify the status of implementation, identify delays and deficiencies, and promote improvements.

    Lizzette Robleto de Howarth is responsible for the international public interest work and international rule of law programmes at the Law Society of England and Wales. Before joining the Law Society, she worked for over 16 years in international development, focusing on international public policy, research and advocacy.

    She holds a LLB in law, a LLM in human rights, a LLM in international economic law, justice and development, and she is currently a MPhil/PhD candidate. Her work has been published by the Birkbeck Law Review and the United Nations Association, among others.

  • Human Rights Defender Luz Marina Arteaga’s Body found discarded in the River Meta

    Human Rights Defender Luz Marina Arteaga’s Body found discarded in the River Meta

    On 18 January 2022, Luz Marina Arteaga, a doctor, social leader and land-claimant was killed. This vibrant and active social leader’s lifeless body was recovered from the River Meta in Orocué, Casanare, Colombia. As far back as 28 November 2019, ABColombia wrote to Pablo Elías González Monguí, Director General of the National Protection Unit (Unidad Nacional de Protección – UNP), when we requested that the UNP as a matter of urgency provide protection measures to human rights defender and social leader, Luz Marina Arteaga as she was receiving death threats and was in a precarious position as regards to her safety.

    Luz Marina Arteaga

    Luz Marina and her community in Matarratón are supported in their land claim by Claretian Corporation Norman Pérez Bello and the Yira Castro Legal Corporation. Who reported the killing of Luz Marina was a well-known and respected social leader whose work was making a real difference to the community.  

    Luz Marina disappeared on 12 January 2022 and despite the community’s efforts to find her there was no trace of her. She had left Matarratón village, in Puerto Gaitán to go to the town of ​​Orocué. Luz Marina had received threats and had been concerned about her safety for some time. According to the Corporation Norman Pérez Bello, the National Protection Unit, had been asked to provide security measures but there had been no response.In August 2018, British Parliamentarians visited Matarraton in an effort to understand the complex situation of land. They found that the peasant farmer communities of Matarraton and the Indigenous Peoples despite the Land Restitution Law (2011) and the Peace Accord (2016) were facing a dangerous struggle to obtain their land rights.

    ABColombia raised with the National Protection Unit the need for Protection Measures for Luz Marina in November 2019

    ABColombia wrote on 28 November 2019, “the situation faced by the community leaders [in Matarraton, El Porvenir] has been aggravated by the lack of compliance with the order of the Constitutional Court SU 426 of August 11, 2016, of which Ms. Luz Marina Arteaga was one of the active leaders’. The Court’s Order stated that provision should be made for the surrender of the land belonging to the communities which was in the hands of third parties. Even in 2019 when the ABColombia took a delegation of British Parliamentarians to meet Luz Marina and the other community leaders their land had still not been returned.

    Parliamentarians Patrick Grady and Chris Bryant, on 14 June 2019, wrote to Rt Hon Sir Alan Duncan, the then Minister of State for Europe and the Americas at the British Foreign and Commonwealth Office, raising their concerns about the safety of Luz Marina Arteaga asking the Minister to issue a Joint Human Rights Statement with President Duque during his visit. This did not happen.

    According to the Human Rights Ombudsman, Carlos Camargo, 145 social leaders were killed in Colombia in 2022, that’s one social leader killed every 60 hours. The U.N. Office of the High Commissioner for Human Rights (OHCHR) said it received 202 reports human rights leaders killed in Colombia last year. Of these so far 78 have been confirmed, the verification process is ongoing.

    ABColombia calls on the Colombian Government to

    • Quickly investigate the killing of Luz Marina Arteaga and bring those responsible to justice
    • Order the National Protection Unit (Unidad Nacional de Protección) to rapidly provide protection measures to the other social leaders in Matarratón
  • 16 New Electoral Constituencies for Victims

    16 New Electoral Constituencies for Victims

    Colombia is due to have elections in March 2022. This will be the first time that the 16 seats for the Special Transitory Peace Voting Districts created for victims by the Peace Accord will be in operation. They offer the possibility of linking areas that have experienced state abandonment for decades into the centre of political decision making and enabling victims to have a voice.

    International monitoring by the EU Observation Mission of the Special Transitory Peace Voting Districts and targeted resources from the international community are essential if these elections are to be seen to be transparent and fair.

    Special Transitory Peace Voting Districts a commitment in the Peace Accord

    The Peace Accord identified 170 municipalities that were most impacted by the conflict, poverty and coca cultivation these municipalities were to receive dedicated funds for Territorial Focused Development Plans (PDETs). They are grouped into 16 regional areas with regional development funds. Each of these regional areas has been designated as a Special Transitory Peace Voting District. The Second Chapter in the Peace Accord committed to creating these 16 Special Transitory Peace Voting District. There is one seat per regional area. The seats are for victims of the conflict with no previous affiliation to a political party. Citizens from these districts will have to be registered to vote in the normal way. One candidate will be elected from each of these districts to represent the district in Congress, in the House of Representatives.  

    These Special Transitory Peace Districts are important for the political participation of victims from areas that have experienced state abandonment for decades. Offering the possibility of linking these areas into the centre of political decision making and enabling victims to have a voice. This is long overdue.

    The initial legislation for these seats was created in 2017 with the idea that the seats would be available in the 2018 elections. The legislation was passed by the House of Representatives but encountered a range of problems in the Senate as traditional political parties were resisting the creation of these seats, parties like the Centro Democratico (Democratic Center) opposed the initiative arguing that the seats would end up adding to the 10 seats of the former guerrillas (FARC- their political party is called Comunes) in Congress. After a long struggle the legislation was finally passed last year (Acto Legislativo 02 del 25 de Agosto de 2021) following the hard work and struggle of NGOs and victims movements.

    Levels of polarisation in the country have grown in the last four years. The creation of the Special Transitory Peace Voting Districts will enable access to decision making arenas for victims from some of the most violent areas of the country, and provide a means of reducing polarisation, essential for the sustainability of the peace and the reconciliation process. These seats in the House of Representatives will last for two four-year terms of office (2022-2026 and then 2026 until 2030).

    Nevertheless these are areas that continue to experience considerable violence and traditionally violence has increased around elections . It is vital that the elections in these 16 Special Transitory Peace Districts are seen to be conducted in good faith and they are areas that will require International observation and monitoring by bodies like the EU Observation Mission. But will the EU Observation Mission send their international monitors into areas that they consider unsafe?

    These are areas that have not previously had to set up and manage all of the logistics for voting.It is therefore essential that the international community support these areas with targeted resources.

    If voters consider they elections have been implemented transparently and in compliance with the regulations it will give people confidence in the electoral process as a whole and help to build trust in the democratic process. As well as, promoting and protecting civil and political rights, and reducing violence and fraud.

  • Those responsible for Crimes Against Humanity should answer to Colombian Justice before being extradited on Drugs Trafficking Crimes

    Those responsible for Crimes Against Humanity should answer to Colombian Justice before being extradited on Drugs Trafficking Crimes

    An opinion piece appeared in El Espectador on 30 December 2021 written by Gustavo Gallon explaining why it is essential that paramilitary boss and commander of the ‘Clan del Golfo‘, Dairo Antonio Úsuga David, alias “Otoniel”, testifies before the Colombian Justice System before being extradited on drugs trafficking charges. The original can be found here. Below is an unofficial translation of that opinion piece.

    Talking about vermin

    It is certainly good news that the commander of what the government calls the Clan del Golfo, Dairo Antonio Úsuga David, alias “Otoniel”, has been deprived of his liberty. This successor group to paramilitarism has carried out multiple murders, displacements and all kinds of crimes.

    However, it is striking that his arrest was under an extradition warrant for drug trafficking. According to Semana, there are “128 arrest warrants, seven convictions, as well as eight custodial measures” against Otoniel. Therefore why did the extradition request prevail over them? Why does the Government want to extradite Otoniel at all costs, before responding to justice in Colombia for the numerous crimes perpetrated, many of them against humanity?

    There is no doubt that the seriousness of drug trafficking pales in the face of the crimes of genocide, homicide of protected person, disappearance and forced displacement, torture, and other crimes, committed in recent decades by members of demobilized paramilitary groups.

    This is not what the legislation and jurisprudence in the country orders. In 2009, the Supreme Court of Justice has made clearly rulings in this regard, as well as warning that “recent experience show that extraditions granted and executed by the State have paralyzed the knowledge of the truth in the Justice and Peace process, given that the extradited postulates have not been able to continue confessing the crimes committed. And thus, the victims are being left without knowing the truth and society without guarantees of non-repetition”. In addition, it specified that “there is no doubt that the seriousness of drug trafficking pales in the face of the crimes of genocide, homicide of a protected person, disappearance and forced displacement, torture, and others, committed in recent decades by members of demobilized paramilitary groups.” This is why the Court denied the request for the extradition of alias Comandante Chaparro (radicado 30451, MP Yesid Ramírez Bastidas, ag. 18/09).

    For its part, the Constitutional Court has established when deciding on the possibility of extradition, the authorities “must weigh the duty of international cooperation in the fight against crime with constitutional values ​​and principles such as peace, the rights of the victims and the international obligation to investigate and prosecute grave human rights violations and grave breaches of IHL ”(env. C-080/18). In turn, in the Exposición de Motivos de la ley estatutaria 1957 de 2019 (Statement of Motives of the statutory law 1957 of 2019) it was made clear that the country’s experience “has shown that the extradition of those responsible for atrocious crimes in the framework of the armed conflict satisfies the justice of foreign countries in their it fights against drug trafficking, but ignores the rights of victims in Colombia”(Gaceta del Congreso No. 626 of 2017).

    [the authorities] must weigh the duty of international cooperation in the fight against crime with constitutional values ​​and principles such as peace, the rights of the victims and the international obligation to investigate and prosecute grave human rights violations and grave breaches of IHL

    Due to all of the above, the Supreme Court of Justice, when recently authorizing the extradition of a demobilized member of FARC, accused of drug trafficking for acts committed after the Peace Agreement, delayed its decision for six months to allow him to complete the process before the Special Jurisdiction for Peace (JEP file 57319, MP Patricia Salazar Cuéllar, November 17/21). It is clear, then, that alias Otoniel, should not be extradited before he has responded before Colombian justice for crimes committed in Colombia, as this would violate the rights of the victims and could lead to the intervention of the International Criminal Court.

  • Indigenous Sacred buildings repeatedly burnt in Sierra Nevada

    Indigenous Sacred buildings repeatedly burnt in Sierra Nevada

    On 14 December 2021 in the Wiwa Indigenous village of Arimaka, sacred buildings were burnt. This follows the burning on 12 December 2021, two Kankurwas (ceremonial buildings) and a meeting house partially incinerated in the Kankaumo Indigenous village of Minakalwa

    The burning of these sacred spaces occurred only days after the four indigenous tribes of the Sierra Nevada de Santa Marta publicly rejected the construction of the Besotes Dam which they considered would mean cultural and physical extermination for them.

    Besotes Dam

    The Besotes Dam would be built on one of the Sierra Nevada’s most important rivers the Guatapurí and according to the four indigenous tries living in the Sierra, Kogi, Wiwa Kankuamos and Arhuacos in whose ancestral territory this Dam would be built. For the four indigenous tribes the Guatapurí is the mother river basin since it connects the mountain peaks, to the paramos, rivers, lagoons, wetlands and finally terminating at the Sea. As well as, irrigating the tropical dry forest on its way.

    According to the Indigenous worldview (“cosmovision”) the location of the Sierra Nevada as one of the world’s highest coastal ranges and with its 348 sacred sites, surrounded by what the indigenous communities call La Linea Negra (the Black Line), make it the “Heart of the Earth”. The traditional ceremonial activities that the four tribes conduct in this area are essential to preserve their spiritual and cultural identity and their management and preservation of natural resources in the area are vital for the ecological balance of the world. In 2018, a Presidential Decree 1500 was issued recognising the Linea Negra. However, the Besotes Dam will damage over forty-one sacred sites, within the “Black Line.”

    Listen to what the communities have to say about the Besotes Dam

    There have been other recent incidents in the Arimaka community and against Wiwa Community leaders. On 7 October 2021, in the Wiwa Sheyamake-Arimaka community, there was an attempt on the life of community leader José Antonio Mojica Daza. This was the third attack, on16 September 2021, at that time he was shot in the back whilst travelling on a motorbike fortunately he was wearing a bullet-proof vest provided by the National Protection Unit (UNP, spanish acronym) and was unharmed. The bodyguard that had been assigned to him had been withdrawn three months prior to this attack.

    The Inter-American Commission on Human Rights, has granted precautionary measures in favour of the Wiwa Indigenous Peoples of the Sierra Nevada de Santa Marta, for the preservation of the life and personal integrity, to respect their cultural identity and to protect the special relationship they have with their territory.

    Wiwa Indigenous Village

    Recommendations to the Colombian Government

    • To urgently and thoroughly investigate the burning of the ceremonial sacred places and prosecute those responsible
    • Ensure that the National Protection Unit, and the Police of the Department of La Guajira take all necessary actions to safeguard the life and integrity of José Antonio Mojica Daza along with his family who has survived three firearm attacks against him.
  • Kankaumo Indigenous Peoples Sacred Places Burnt

    Kankaumo Indigenous Peoples Sacred Places Burnt

    [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/2021/12/DENUNCIA-PUBLICA-KANKURUAS-CENTRO-DE-REUNIONES-LA-MINA.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″]Original en Espanol 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″]

    It is powerfully striking that these events were carried out coincidentally just a couple of days after launching our campaign to reject the implementation of various megaprojects in the territory of the Sierra Nevada de (Gonawindua) Santa Marta, including the Los Besotes dam.

    The Kankuamo Indigenous People’s Authorities publicly denounce a new attacks against the indigenous authorities and their cultural heritage – the Kankurwas (ceremonial centers) which represent the heart of their culture – along with other violations suffered. Below is the content of this public statement. The English was unofficially translated you can find the original Spanish version of the Public Statement if you click on the PDF button above.

    The Sierra Nevada de Santa Marta for the Indigenous Peoples represents the Heart of the Earth (Corazon del Mundo). It is where the Kankuamo, Wiwa, Arhuaco and Kogi tribes live. According to the Statement issued, irreparable and irreversible damage has been done to the life and ethnic integrity of the Kankuamo Peoples and other original peoples of the Sierra Nevada de Gonawindua (Santa Marta).

    This is the third time this type of action has been carried out in Minakalwa (La Mina), in Kankuamo Indigenous Territory. At approximately 2:45 a.m on 12 December 2021, two Kankurwas in Minakalwa were totally burned and their meeting house partially incinerated.

    Similarly, this attack caused collateral damage to the residence of the Governor and his family, who live just 20 meters from the place.

    Analysing the circumstances in which the attack was carried out, we have no doubts that these events were deliberately and maliciously.

    Furthermore, these attacks are part of a systematic and recurrent practice of cultural violence against our people, when added to previous events where the Kankurwas were burnt in the communities of Guatapurí, Atánquez, Chemesquemena, Los Laureles, Pontón … and the threats against indigenous leaders and indigenous authorities, disappearances, accusations, stigmatisation, the presence of unknown armed persons in the territory, and other cases of violations of our rights, and in general the context of risks, threats and vulnerabilities that we have been repeatedly denouncing and are included in the Early Warning Alert No. 026-21 by the Ombudsman’s Office.

    Despite the repeated complaints made to date the material and intellectual authors have not been identified.

    It is also important to note the historical process of victimisation that we have been suffering as a People, as victims of multiple violations of our human rights and infractions of International Humanitarian Law, which has led us to a situation of RISK OF PHYSICAL AND CULTURAL EXTERMINATION; as well as the recognition of our level of EXTRAORDINARY RISK, evidenced precisely by the Human Rights Ombudsman’s Early Warning 026-21.

    It is powerfully striking that these events were carried out a couple of days after launching our campaign rejecting the implementation of various mega projects in the territory of the Sierra Nevada de (Gonawindua) Santa Marta, including the Los Besotes dam; a recent workshop on the evaluation of risks and protection measures with the National Protection Unit; a meeting with the Investigation and Accusation Unit of the Special Jurisdiction for Peace; a meeting to agree on the work plan with the Search Unit for Persons deemed Missing in the framework of the armed conflict; and the establishment of a physical structure in the Space for Territorial Regulation and Harmonization in El Encanto.

    Therefore, we demand that the Colombian State, through the competent institutions, fulfill its obligation to carry out a serious, prompt and effective investigation into these attacks, as well as prosecute and punish the intellectual and material authors responsible.

    In addition to expressing their complete willingness to support these investigations. The Kankaumos also requested the provision of individual and collective protection measure to comprehensively safeguard their constitutional and fundamental rights. Measures that include new protection measures and the strengthening of existing measures as a matter or urgency.

    They also called for national and international solidarity and support to help address this very difficult situation.

    Finally, we reiterate our firm conviction to continue fulfilling our mission bequeathed from the beginning of time for the protection of life, the care and defence of territory, the consolidation of Autonomy and the strengthening of cultural identity, and a dignified life for our people.

    We are Peoples of peace, dialogue and harmony. We absolutely reject any manifestation of violence against our Peoples and our Territory.

  • Report by Colombian Women’s Organisations presented to the Truth Commission

    Report by Colombian Women’s Organisations presented to the Truth Commission

    December 2021

    VerdadEs: politizar el dolor y las emociones de las mujeres (TruthIs: Politicising Women’s Pain and Emotions) a report presented to the Truth Commission by women from Cauca, Córdoba and Meta departments together with the feminist Colombian organisation Casa de la Mujer. The report is about women’s experiences of multiple forms of violence during the internal armed conflict. It analyses the structural roots of violence against women in a patriarchal society, making recommendations to ensure “no-repetition”. Published in Spanish.

    It highlights the pluralisation of violence against women, their double displacement from the private to the public and from the public to the private, it examines the territory of the body as a place of dispute and memory about emotions, from personal and collective experience, and from the articulation of the armed conflict and patriarchy.

    This report has been submitted to Colombia’s Truth Commission, created in 2016 as part of the agreements in the Peace Accord. Its purpose is to reveal the truth about human rights violations perpetrated by the Security Forces, the FARC-EP and third parties that occurred during the armed conflict between 1958 and 2016. Central to this the recognition of the victims, the responsibility of those who perpetrated violence in order to ensure non-repetition.

    The report discusses the importance of politicising women’s pain and emotions as a means of raising public awareness about violence perpetrated against women during the conflict in an effort to create guarantees these harmful acts will not be repeated. It specifically addresses the situation in Meta, Córdoba, and Cauca departments outlining the situation of women before the armed actors arrived, women’s experiences after they arrived, the acts of violence committed against women, women’s emotions and resistance, and the patriarchal logic and practices of violence perpetrated against women.

    The report highlights that the women identified that during the armed conflict, sexual violence became an almost inevitable fact, it was perpetrated by tall armed actors, as well as by men who were part of their families and the community.

    “Those who were victims of sexual violence express that they kept silent about the fact because they considered that they would not be believed or that they would be punished. This idea, according to them, was permanent in their lives, mainly in those who experienced the events between the ages of 13 and 16, which correspond to 50% of the documented cases. The silence that follows sexual violence is rooted in imageries that make the female victims responsible for the act… The silence of the women operated as a strategy that sought to protect their lives and prevent further abuse and violence…”

    In my town there was a lot of violence, they raped many girls until now, in the 90’s they raped one girl who studied with my 12-year-old daughter, they raped her and left her under a bush, she didn’t return to school. When she was found she was without any eyes because the buzzards had eaten her, but she says she was raped, mistreated and everything, she disappeared for three days. They were adults who [raped] these girls. (page 57)

    It is therefore essential to ensure that there are no amnesties for conflict related sexual violence an agreement made in the Peace Accord. Many women explained in this report that sexual and gender-based violence was happening before as well as during the conflict. The conflict exacerbated a situation that also exists outside of the conflict driven by patriarchal attitudes. Therefore, there can be no peace for women unless conflict sexual and gender-based violence is specifically addressed both in the Truth Commission’s Report due out in July 2022 and before the Tribunal in the Special Jurisdiction for Peace by opening a national (macro) case in which conflict related sexual violence perpetrated by the Security Forces and former FARC-EP members against women is addressed.

  • Administration and Advocacy Internship

    Administration and Advocacy Internship

    Two days per week (7 hours per day)

    £10.89 per hour

    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 have a commitment to human rights and experience of working or volunteering in an organisation or a degree in human rights, development or a related subject. They should be fluent in English and have an advanced level of Spanish.  Able to be flexible and work in a small team.

    As an intern you would assist with carrying out research, editing the website and other communications work, the logistical planning and organisation of public events, meetings and human rights defender visits in the UK. You would also undertake a range of administrative tasks including managing information, maintaining databases, organising meetings, taking minutes, updating monitoring information, typing letters, photocopying and general administrative work.

    About ABColombia

    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.

    Tasks and Responsibilities

    1. Assist with research.
    2. Provide logistical support for public and in-house events.
    3. Assist with publicity and social media work around and during events.
    4. Assist in drafting texts for ABColombia’s communications and advocacy work
    5. Read, monitor, filter and manage incoming information
    6. Respond to emails providing information requested
    7. Read, monitor, filter news on Colombia in English and Spanish and produce a weekly newsletter for members
    8. Organise meetings and take minutes
    9. Provide logistical support for visits to the UK by representatives of Colombian civil society.
    10. Support the implementation of ABColombia’s social media strategy.
    11. Carry out general administrative tasks, including drafting letters, photocopying etc.
    12. Use and contribute to ABColombia office systems, including paper and computer filing systems.
    13. Update monitoring databases, analyse and provide information for ABColombia Reports and monitoring
    14. Provide other support to ABColombia where appropriate and agreed.

    Skills Needed

    1. Ability to read and summarise information from a variety of sources (in English and Spanish)
    2. Research and organisational skills
    3. Good verbal and written communications skills in English and Spanish
    4. Self-motivated, and able to work independently while functioning well as a member of a small team
    5.  Educated to degree level or experience working or volunteering in an organisation.
    6.  Good time keeping
    7. Demonstrable understanding of human rights and development issues

    Commitment

    • Candidates must be in sympathy with the aims of the ABColombia Group.
    • This is a 7-month post working 2 days a week.

    This position is based in our office near Waterloo in London. You would be expected to attend in person unless the covid context prevents it.

    How to apply

    Please submit your

    1. CV in English.
    2. A Cover letter in which you state: why you want to intern at ABColombia, what skills you are bringing to the post, and outline your Spanish language abilities (maximum 3 pages).
    3. One writing sample in English on a topic of your choice related to human rights (no more than 2 pages).
    4. References: Two listed with emails and phone numbers.

    Please submit your application via email to board@abcolombia.org.uk by 15 December 2021

    When emailing us your application please include ‘Administration and Advocacy Paid Internship’ in the subject line.