On this year’s commemoration of the International Day for the Elimination of Sexual Violence in Conflict, ABColombia highlights the importance of the Colombian Transitional Justice System to address impunity, and provide truth, justice and reparation to thousands of women and LGBTQI+ people victims of sexual violence in the armed conflict. However, it draws attention to severe setbacks, marked by the increase in violence across the country, as various armed groups continue to battle over control of resources and territory.
Despite the Peace Process , more than 2 million women and girls are at risk of gender-based violence. As the violence and militarisation increase, authoritarian and patriarchal attitudes are reinforced. Sexual violence is occurring in both the private and the public spheres and it is used as part of a strategy for social and territorial control between armed groups. It is a deeply inhumane tactic that shatters the lives of women and entire communities. Women from Indigenous and Afro-Colombian communities are disproportionately affected, as they face structural racism, the colonial legacy, patriarchy and poverty, which makes them an easy target for sexual exploitation and trafficking. LGBTQI+ persons have also been targeted, with reports of public acts of violence, torture and humiliation by armed groups.
The 2016 Peace Accord between the Colombian government and the Fuerzas Armadas Revolucionarias de Colombia – Ejército del Pueblo (FARC-EP), was hailed as a significant milestone in recognising the specific impact of the armed conflict on women. The Accord contains 54 gender indicators across the six chapters of the Peace Accord, including key provisions in the ‘Ethnic Chapter’ on land restitution and illicit crops substitution. However, many organisations have pointed out that implementation of the gender provisions has been limited.
Tackling impunity for the crimes of conflict-related sexual violence is essential if the misogynistic attitudes that drive these crimes, both inside and outside of the conflict, are to be transformed. In this regard, one of the successes of the Peace Accord was the inclusion of a provision that states ‘no amnesties’ for conflict-related sexual and gender-based violence. This, after much work by civil society organisations, led to the introduction of a national case in the Transitional Justice System, of crimes related to sexual and gender-related violence, and crimes related to sexual orientation and gender identity. This, known as Macro-Case 11, opened by the Special Jurisdiction for Peace (Jurisdicción Especial para la Paz, JEP) in September 2023, has the potential to become a landmark case in providing justice, remedy and reparations to the thousands of women and LGBTQI+ victims of sexual violence during the armed conflict.
Under Macro-Case 11, the JEP has documented 35,178 victims of violence between 1957 and 2016, although, due to underreporting, the real figure is higher. The JEP is mandated to investigate the crimes of armed actors, both state and guerrilla forces, as well as the motives and the logic behind the abuse, identify patterns of behaviour and assign responsibility within the chain of command. The problem now relies in how efficient the process is going to be in tackling impunity and providing reparation to the victims. The number of victims accredited for investigation remains low. There are also concerns that investigations are not taking fully into account the territorial, social and economic contexts of the victims.
A recent report published by Alianza Cinco Claves offers several key recommendations. These include recognising the broader context of discrimination and patriarchy in which each case occurs; moving beyond simply counting registered cases and addressing underreporting by highlighting patterns of abuse through emblematic cases; prioritising and giving credibility to victims’ testimonies; and adopting a comprehensive strategy for providing full protection that ensures victims’ rights to life, physical integrity, and dignity, among other fundamental rights.
Another important development in the Transitional Justice System was a recent decision by the Appeals Section of the JEP. It determined that victims can be accredited to have their cases investigated in multiple Macro-Cases, as long as there is a link between these and the events that the victims experienced. The decision followed an appeal filed by the Comisión Colombiana de Juristas concerning a victim that had her accreditation withdrawn from Macro-Case 01, on deprivation of liberty, because her case was considered more suitable for Macro-Case 11, on gender-based violence. This victim felt her testimony was being excluded as she had been sexually assaulted as a direct result of the deprivation of her liberty. The decision from the appeals chamber was that victims had suffered multiple and simultaneous patterns of victimisation during the conflict. It determined that victims can be accredited in several macro-cases, if there is a relationship between cases and the victimising events they suffered.
Ensuring women’s active and meaningful participation in decision-making processes related to peace and security is an essential step for their protection and for promoting sustainable peace. This was recognised by the UN Security Council Resolution 1325/2000 on ‘women, peace and security’. More than 108 countries have since adopted National Action Plans (NAP) to incorporate the resolution’s components into their national policy framework. The Colombian government published its first NAP in November 2024, following a widely regarded successful participatory process, supported by the UK government, that included the voices of over 1500 women and LGBTQI+ persons across 32 departments. The NAP’s objectives include empowering women participation in decision-making processes for lasting peace and security, economic autonomy, access to justice and reparations, and protection from illegal economic activities conducive to violent situations. However, concerns remain about insufficient funding and coordination amongst state entities involved in its implementation, which may limit its success. Local ownership will also be key to its implementation, as well as the inclusion of women in the governance structures.
In January 2024, Colombia took the presidency of the International Alliance on Preventing Sexual Violence in Conflict, an international forum aimed at strengthening efforts to prevent and respond to conflict-related sexual violence. This initiative, launched by the UK government in 2022, is formed as a result of a decade’s old initiative, also led by the UK, to prevent sexual violence in conflict, and commits member States to have a shared responsibility in preventing, prosecuting, and ending impunity, and promote survivor-centres approaches and reparation.
Women have played an invaluable role in promoting and maintaining sustainable peace, but their work also places them at risk. Women human rights defenders (WHRDs) face differential risks, because of their gender and their activism, and because they live in a context of armed conflict. According to the Programa Somos Defensores, there were 238 incidents of aggression registered in 2023 and the first half of 2024, with a gradual increase in the level of threats from previous years. Twenty-two women leaders were killed in Colombia in 2024.
As statistics show, sexual and gender-related violence continues in Colombia. A solid legal and policy framework to prevent violence and tackle impunity is the first step. To ensure implementation, women need to be at the centre of the decision-making process, their voices integral in the transitional justice system, and sufficient resources channelled to the institutions responsible for implementation.
Continued political and financial international support is also needed for the implementation of the NAP 1325 and other policies aimed at addressing sexual violence in conflict, as well as funding at the grassroots, regional and national levels to ensure its effective implementation, and more structural governance projects.