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Dear [name of your MP here]
Subject: Judicial Independence at Risk in Guatemala and Colombia
I hope that you are keeping well.
I am writing to you as my MP to share my concerns about the independence of the judiciary in Latin America. I would like to highlight its effect on the peace processes in Guatemala and Colombia, where judges, prosecutors and lawyers are regularly subject to attacks and violations of their rights for upholding the respective peace accords. These include threats, intimidation, external interference in their professional activities, arbitrary detention, prosecution, and killings. This concerted assault on the judiciary restricts access to transitional justice for victims of violence in both countries.
Guatemala, almost 25 years after the signing of the Peace Accords, is experiencing a political and institutional crisis. Transitional justice and human rights have suffered a major setback, which has infringed the rights of women and indigenous peoples. Simultaneously, an alliance of the ultra-conservative and religious fundamentalist sectors with organised crime and the military old guard has co-opted state agencies to entrench impunity. Since the International Commission against Impunity (CICIG) was asked by the Guatemalan Government to leave in 2019, advances achieved in Justice and Human Rights have been dramatically reversed, as has the fight against corruption. In February 2022, Eva Siomara Sosa and former head of the CICIG Leily Santizo were both arrested. According to public information, they are being detained without an initial hearing as a reprisal for their work. Both Ms. Sosa and Ms. Santizo led high-impact anti-corruption cases while the CICIG was in operation. Attacks of this kind have proliferated since the 2019 order, further entrenching impunity in Guatemala.
The Colombian Peace Accord was signed in 2016, and a complex and forward-looking transitional justice mechanism was established. However, it has faced major challenges as it begins to announce its cases. The Special Jurisdiction for Peace (JEP) aims to hold perpetrators accountable for crimes committed during the conflict and enable victims to have their rights recognised. Its efficacy is under threat from attacks by high-ranking state officials and political sectors of the country that are averse to the Peace Accord. The body has been subject to strident attacks from its opponents, who have attempted to stall the bill granting its by-laws, campaigned for a referendum to revoke the JEP’s mandate, and sponsored a bill to modify its mandate. In 2019 President Ivan Duque himself attempted to block legislation enacting its authority. His administration’s spending on the tribunal has not kept up with financial requirements, and its funding has been put in jeopardy by successive budgets. Government spending reached just 65 percent of the JEP’s medium-term target by 31 March 2021. The court desperately requires adequate funding and public respect in order to function effectively and bring justice to victims of the country’s internal conflict.
I am writing to ask you to bring this situation to the attention of the Minister for Africa, Latin America, and the Caribbean, Vicky Ford. The UK has a particular responsibility to Colombia, having supported its Transitional Justice System both politically and financially. Guatemala receives little international attention, so it is essential that the UK takes action to raise these issues at the UN in Geneva at such a critical moment in the country’s history.
We would also ask that you enquire of the Minister about efforts of the UK government to work towards peace in Guatemala and Colombia through collaboration with its regional and international partners.
I thank you in advance for the actions that you will take on this situation and I look forward to hearing from you
Rights of the River Atrato in Choco, Awarded by the Constitutional Court.
The Atrato River in the Chocó Biogeographic region is one of 25 global priority areas (hotspots) for biodiversity conservation. In 2016, the Colombian Constitutional Court issued ruling T-622, declaring the Atrato River a subject of rights, and issued orders aimed at protecting its ecosystems and the fundamental rights of the communities living along its banks. The Atrato river and its tributaries are the main resource for the local population – as a means of transport, for fishing, for bathing, washing clothes, employment, and enjoyment.
Chocó’s richness in mineral resources and its remoteness has advantages for the climate. The downside is the violence perpetrated by illegal armed and criminal organisations, as they fight for control over illicit economies and territory. Illegal gold mining is severely damaging people’s lives, ripping apart the social fabric, exploiting women and children, undermining governance, and driving local corruption. Furthermore, the use of toxic substances such as mercury and cyanide to separate out the gold, which is then washed into the river, causes contamination of the water and the fish as well as health problems. This combined with the lack of state presence and services has generated a humanitarian crisis for Choco. This crisis has been further exacerbated by the realities of the armed conflict.
The Constitutional Court in the T-622 decision issued a series of orders, firstly, to the Environment Ministry to develop an Environmental Action Plan; secondly, to the Ministry of Defence, to dismantle the illegal gold mining and thirdly to address to undertake a health study to examine the levels of toxicity in the blood of the local communities as a result of the mercury contamination and devise a plan to address these (a summary of the orders can be found here)
At the same time the Court created a legal entity known today as the Guardians of the Atrato River (which includes the Colombian Minister of the Environment and 14 community representatives from the Afro-Colombian and Indigenous Communities living along the banks of the River Atrato. The Constitutional Court created this body to oversee the implementation of the T-622 Court decision). The Guardians are supported in this work by the NGO Siembra
Nine years after this historic decision the Guardians have achieved some important successes. The Government has an Environmental Action Plan with funding allocated for its implementation. This success was due to the tireless work of the Guardians. Their insistence, participation, consultation and incorporation of the proposals made by them in the Environmental Action Plan was a major achievement. The key now is the implementation. It is essential that the Guardians remain at the heart of the decision making in respect to the implementation of the Environmental Action Plan. In addition to this a Health Study was ordered by the Government.
Colombian Defence Ministry
Unlike the Environmental Action Plan, which was drawn up in consultation with the indigenous and Afro-Colombian Communities and their representatives, the Guardians of the Atrato River, the Ministry of Defence’s Action Plan to dismantle illegal gold mining, was adopted without consultation. In fact, since the Court ruling in 2016, illegal gold mining backed by armed groups has expanded 47 km along the tributaries of the Atrato River, moving ever closer to Quibdó, demonstrating the Action Plan’s ineffectiveness.
Many of the problems that gave rise to the ruling in relation to illegal gold mining are still present, seriously affecting the ecosystem’s integrity of the watershed, as well as the lives of the communities that live along the Atrato River. Record-high international prices for gold, over the last five years, have spurred a rush in Chocó’s southern mining regions. Unlike other illegal economies, illegal gold mining happens in plain sight, about 15 minutes by boat from Quibdó, the departmental capital of Chocó.
The Guardians of the Atrato (Guardians) and others have been calling for a revision of the Action Plan to combat illegal gold mining, highlighting that a purely military plan will not effectively address the situation. Rather, the plan should be revised and expanded to adopt, a cross departmental Action Plan that incorporates the Unit of Financial Information and Analysis(UIAF) [1], located in the Ministry of Finance, to track the financial flows of illegal gold mining; the Public Prosecutors Office; and the DIAN (it records sales of gold). The Financial Analysis Unit is responsible for gold regulation and gold financial flows – cross departmental collaboration needs to be initiated from the Presidential Office and led by the Ministry of Defence. As the Court ordered, the Ministry of Defence to design the Action Plan to end illegal gold mining in the River Atrato.
It is essential that the Ministry of Defence consults with the Guardians of the Atrato River and the NGO Siembra and together with them and the Unit of Financial Information and Analysis, the DIAN, and the Public Prosecutors office, plan and execute a reformulated plan. This is the moment to address this as there are plans by the Defence Ministry to improve the Action Plan. International offers of help on the side of financial flows are essential as these are transnational.There is a responsibility by the UK and Europe, as this is where the gold is traded.
Illegal gold extraction by armed groups in Choco is estimated at U$300 million annually. Money obtained from selling the gold, strengthens the illegal armed groups, exacerbates the conflict, destroys important ecosystems in Chocó (and other areas with the same pattern, like the Amazon), it funds corruption of local authority personnel as well as the Security Forces locally, and makes it harder to build peace in these regions. Furthermore, illegal gold is used to launder drugs money and buy arms.
Colombia needs a national approach and regional cooperation when addressing illegal gold mining. This is because similar patterns in illegal gold mining are repeated across the Andean Region and in Brazil – violence, environmental destruction, human rights violations, corruption of local authorities, illicit gold flows into Europe, and the laundering of drugs money. To tackle this situation requires the identification and analysis of transnational financial flows, changes in policy in relation to the registration and sale of gold in Colombia, and policy changes to tightening of European gold regulations and supply chain.
Destruction of the River Atrato by illegal gold mining
Ministry of Health – health strategy needed for dealing with health impacts of mercury in Choco
Exposure to mercury, even in small amounts, can cause serious health issues. In Chocó, mercury levels are not regularly monitored. The 2018 National Water Study[ii] estimated that there were 183 metric tons of mercury dumped into Colombia’s waterways. According to the United Nations Office on Drugs and Crime (UNODC)[iii], between 2017 and 2022, 37.9 tons of gold were officially recorded in Chocó (the total is likely much higher). For each gram of gold produced, approximately between 7 to 30 grams of mercury is used, meaning that nearly 265 tons of mercury were used only for the gold reported in the last five years.
The State commissioned a toxic study by the Cordoba University, completed in 2018, but the results have not been released. The reason for this is that the Colombian Government considers that the Health Study presented is not robust enough, but the University maintains that it has been done properly. There is therefore an impasse. For the people of Chocó it is essential to initiate a health strategy and to begin to address health issues related to high levels of heavy metals in the blood. At one time the Government talked about sending in Health Brigades specially trained in heavy metal toxicity, but this has not happened. A way forward would be to initiate a long-term health study, as the considerable increase in the last five years of the illicit gold mining means that the 2018 study is outdated. And at the same time initiate the implementation of a short-term health plan for those identified by the 2018 study as having absorbed mercury, and labelling the areas identified as highly contaminated. The idea of Health Brigades is also an important interim measure.
Recommendationsto the UK Government and the Republic of Ireland
to support the implementation of the T-622 Constitutional Court decision to end illegal gold mining in the Atrato River; and to offer expert help and resources to track financial flows;
to highlight to the Colombian Government the importance of coordination across the departments of the Ministry of Defence, the Unit of Financial Information and Analysis, the DIAN, and the Public Prosecutor’s office in the planning and execution of a reformulated plan;
To raise with the Colombian Government the need to implement a Heath Strategy, in line with the T-622 decision for those who have absorbed the mercury;
To fund the work of the River Guardians as part of their efforts to address climate change and preserve biodiversity.
[1] The Unit of Financial Information and Analysis(UIAF) is responsible for receiving, analysing, and disseminating information on suspicious financial transactions to relevant authorities. The UIAF operates under the Ministry of Finance and Public Credit and is a key player in Colombia’s efforts to strengthen its anti-money laundering and counter-terrorism financing framework.
On 7 and 8 July, ABColombia had the pleasure of welcoming Monsignor Hector Fabio Henao to London for a series of meetings with parliamentarians, government officials, and think tank representatives. The visit aimed to shed light on the current humanitarian crisis in Colombia and offer practical recommendations for how UK authorities and civil society can further support peace building efforts.
Monsignor Hector Fabio Henao is widely recognised as one of the most respected voices of the Catholic Church on peace issues in Colombia. As the delegate for Church-State relations for the Colombian Bishops’ Conference, he has played a significant role in supporting various peace negotiations over the years. In his own words, one of the Church’s primary responsibilities is to “establish bridges between the parties involved in the conflict.” He has had considerable experience, with many different and varied peace processes in Colombia over the years and therefore has clear insights into the complex and multi-layered dynamics of Colombia’s internal armed conflict.
During his visit, Monsignor Henao spoke at a Parliamentary event on 8 July 2025, organised by ABColombia and the All-Party Parliamentary Human Rights Group, to discuss the Peace Process and the likely impacts of pending presidential elections in May 2026. The event was chaired by Brendan O’Hara MP. Catherine O’Neill, Deputy Head of the Americas and Head of Latin America at the FCDO, spoke at the event alongside Monsignor Hector Fabio Henao and Louise Winstanley, the Programme and Advocacy Manager at ABColombia. Monsignor Henao described the humanitarian situation in Colombia as critical, highlighting the events in Catatumbo, Norte de Santander, in January. According to OCHA, at least 91,879 people have been affected by the escalation of clashes between non-state armed groups and acts of violence against the civilian population. This situation has led to the mass displacement of at least 56,091 people, constituting one of the largest humanitarian crises due to displacement in recent years.
Monsignor Hector Fabio pointed out that there are nine armed groups engaged in dialogue with the Colombian Government. The nature of the conflict has also changed, in addition to the fragmentation, the illegal armed groups are not engaged in a conflict with the army but with one another for control of territory, trafficking routes, and illicit economies such as drug trafficking and illegal gold mining. This has left communities highly vulnerable and trapped in ongoing cycles of violence.
He also expressed concern over potential political violence in the lead-up to Colombia’s presidential elections in May 2026. He cited the recent attempted assassination of presidential candidate Senator Miguel Uribe, who remains in critical condition after sustaining two gunshot wounds to the head. The attack was carried out by a 15-year-old, highlighting the growing vulnerability of children and young people to forced recruitment by armed groups. Monsignor Henao stressed the importance of political actors avoiding incendiary rhetoric that could incite violence and urged a focus on policy-based electoral debate.[1] Most importantly, he called for renewed commitment to the full implementation of the 2016 Peace Accord by all political actors.
The 2016 Peace Accord remains a milestone worth celebrating. While many peace agreements fail within five years, Colombia’s has lasted for eight years and is still going strong—an achievement in itself. However, implementation remains limited. For peace to be sustainable, Monsignor Henao emphasised the need to focus on the structural issues addressed in the agreement, particularly land reform and the substitution of illicit crops.[2] He also underscored the importance of placing victims at the centre of the peace process, recognising their rights and restoring their dignity. Continued support for the Transitional Justice System is essential, as is the strengthening of local and regional participation mechanisms—such as the Peace and Reconciliation Councils, established under the Accord. These bodies serve as key platforms for citizen engagement, advising local authorities on peace building initiatives at the regional and community levels.
So, what can the UK government do to support sustainable peace in Colombia? Monsignor Henao’s message was clear: the UK has played a crucial role in Colombia’s peace efforts, particularly through its role as the UN Security Council Penholder on Colombia. As Brendan O’Hara MP highlighted, it is vital that the UK continues its support, especially by backing the renewal of the mandate of the UN Verification Mission in Colombia this October—an essential element in the country’s ongoing peace process.
Louise Winstanley highlighted the need for UK funding to reach grassroots communities for peacebuilding initiatives, emphasizing that despite cuts to the International Aid budget, it was important to safeguard these grants. For peace to be sustainable, it has to be built from the grassroots—by communities that understand what is needed and are committed to ensuring its sustainability. In addition to tackling the transnational criminal networks engaged in drug trafficking and illicit gold mining—both of which are driving violence in rural areas, environmental degradation, and corruption at the local level—it is essential to track the financial flows of these illicit economies in order to identify those who are making the real money from these crimes.
In response, Catherine O’Neill stressed the continued support of the UK government to peace efforts through multilateral and bilateral means – engaging with several actors, including civil society. Importantly, she stressed its commitment to working with the UN Security Council in the renewal of the Verification Mission’s mandate. She also said that her department are focussed on safeguarding money to support Colombia’s peace building efforts and noted the points raised on the impacts of transnational crime and the need to follow the financial flows.
[2] Colombia’s plan to implement a Rapid Response Plan, committed to accelerate implementation and deliver real change in PDET areas – rural territories most affected by the conflict – is one that if implemented in an integral manner will enable the poorest in the most conflicted areas in Colombia to move away from illicit economies, gain access to land, to housing, and to basic services, thus helping to tackle the root causes of the conflict. See: https://www.abcolombia.org.uk/uk-urge-colombia-to-fully-implement-the-2016-peace-accord/
Human rights defenders in Colombia play an essential role in the pursuit of peace and the promotion and protection of human rights. But their work places them at severe risk. Threats, attacks, acts of intimidation and killings are common, making Colombia one of the most dangerous countries in the world for human rights work. This is especially so for local community leaders, Indigenous and Afro-Colombian leaders, campesinos and environmental defenders, who defend their territories and the local environment they depend on against powerful economic interests, especially in conflict affected areas, with a strong presence of illegal economies and weak institutions.
According to Somos Defensores, 157 human rights defenders were killed in 2024, with 727 acts of aggression recorded. So far in 2025, Indepaz has documented 73 killings. Although the figures suggest a slight decline compared to previous years, the overall situation for defenders has not improved in real terms.[i] More than 1,000 leaders have been killed since the signing of the 2016 Peace Accord.
The worst regions affected were Cauca, Valle del Cauca, Nariño, Norte de Santander and Antioquia.[1] These regions share similar characteristics that reflect a contextual pattern. As illegal armed groups fight over control of territories and illicit economies, community leaders face increased risks and are in danger of forced displacement and assassination. These attacks are designed to instil fear in the communities, and exert social control.
Fluctuations in the number of recorded attacks appear directly linked to the level of territorial violence at any given time. For example, during temporary ceasefires, —such as those in Caquetá, Catatumbo, and Magdalena Medio, involving the FARC dissident group Estado Mayor Central—killings of social leaders declined noticeably. Yet once these ceasefires end, the level of risks against defenders rises again. This cyclical pattern underscores the persistence of underlying structural issues that enable an unsafe and permissive environment for human rights defenders, including high levels of impunity and weak local governance.
Another common tactic used to silence human rights defenders and community leaders is the misuse of the legal justice system to criminalise them and stop them from speaking out. Criminal proceedings can start due to formal allegations from businesses, who see local community leaders as troublemakers and barriers that can hinder their business operations. Criminalisation is also used to further stigmatise leaders by suggesting their interest go against the development and progress of a region and the interest of the State, often labelling them as criminals. This also makes them vulnerable to further threats.
On 16 June, a judge ruled against the Prosecutor’s Office which had petitioned house arrest for the 11 accused, while the trial continues. The judge declared that the 11 need not spend their preventative sentence in prison or house arrest, following alerts from civil society groups, and the Colombian Ombudsman’s Office and the UN Office in Colombia, who stressed the need to follow due process and the importance of understanding the case within the broader context of decades-long environmental degradation in the region.
Although Colombia has a solid protection framework on paper, implementation remains lacking due to insufficient political will and inadequate resources. For example, Colombia established the Dialogue Guarantees Table (Mesa Nacional de Garantías) in 2009, as a space for dialogue and coordination between civil society, public security forces and the government to address the causes and identify preventative measures to reduce the threats against defenders. However, its ability to make real and effective changes has been limited, as decisions are not binding, and it lacks a monitoring instrument. Regional mechanisms are weaker and depend largely on who is in charge, and how much political will they have to engage in these spaces.
Another significant problem is the failure to understand what protection really means at the grassroots level. For years, local communities have highlighted that the government’s traditional, individualistic, reactive and urban focused approach to protection mechanisms is inadequate, as it lacks consideration of the local realities and the different complexities between territories. For example, in regions of high temperatures, bulletproof vests are not only impractical but culturally inappropriate. Instead, leaders have stressed the need for a more comprehensive set of collective measures, grounded in territorial autonomy and local knowledge, and that pays attention to strengthen local organisation capacity as well as addressing the root causes of violence.
In a promising development, the Ministry of Interior held a seminar in June, —attended by more than 1,300 human rights and civil society representatives—to explore strategies for ensuring a safe environment for defenders. The aim, promised since 2009, was to elaborate a Public Integral Policy of Guarantees for Human Rights Defenders Work (Política Pública Integral de Garantías para la Labor de Defensa de los Derechos Humanos), which will consider territorial differences and local contexts and address root causes, and to become a policy embedded in State practices. This is a good first step, but the challenge now lies in ensuring the development of a clear roadmap and the adoption of a National Decree.
[i] Between 27 December 2024 and 3 March 2025, the Office of the UN High Commissioner for Human Rights recorded 40 allegations of killings of human rights defenders and leaders. A significant number of which were traditional authorities and indigenous guards in Cauca, Choco and Putumayo. INFOGRAPHIC ENG _ MAR25_final
The Atrato River in the Chocó Biogeographic region is one of 25 global priority areas (hotspots) for biodiversity conservation. In 2016, the Colombian Constitutional Court issued ruling T-622, declaring the Atrato River a subject of rights, and issued orders aimed at protecting its ecosystems and the fundamental rights of the communities living along its banks.
Chocó’s richness in mineral resources and its remoteness has advantages for the climate. The downside is the violence perpetrated by illegal armed and criminal organisations, as they fight for control over illicit economies and territory.[i] Illegal gold mining is severely damaging people’s lives, ripping apart the social fabric, undermining governance, as well as driving the exploitation of women and children. Furthermore, the use of toxic substances such as mercury and cyanide to separate out the gold is then washed into the river, contaminating the water and the fish and causing health problems. The Atrato river and its tributaries are the main resource for the local population – as a means of transport, for fishing, for bathing, washing clothes, employment, and enjoyment. This combined with the lack of state presence and services has generated a humanitarian crisis. This crisis has been further exacerbated by the realities of the armed conflict.
Nine years after this historic decision many of the problems that gave rise to the ruling are still present seriously affecting the ecosystemic integrity of the watershed, as well as the lives of the communities that live along the Atrato River. Record-high international prices for gold, over the last five years, have spurred a rush in Chocó’s southern mining regions. Unlike other illegal economies, illegal gold mining happens in plain sight, about 15 minutes by boat from Quibdó, the departmental capital of Chocó.
The T-622 decision issued a series of orders, firstly, to the Environment Ministry to develop an Environmental Action Plan, this was done in consultation with the Guardians of the Atrato River (the community body appointed by the Constitutional Court to oversee the implementation of the T-622 Court decision) supported by Siembra, and, secondly, to the Ministry of Defence to end the illegal gold mining.
Colombian Defence Ministry
Unlike the Environmental Action Plan which is working, the current Action Plan to combat illegal gold mining, adopted without consultation with the Guardians of the Atrato River by the Defence Ministry, is not. In fact, since the Court ruling, illegal gold mining backed by armed groups has expanded 47 km along the tributaries of the Atrato River, moving ever closer to Quibdo, further demonstrating the Action Plan’s ineffectiveness. A revision of the Action Plan to combat illegal gold mining would be important. The Ministry of Defence should move away from a purely military plan. Rather ABColombia would recommend that they consult on, and adopt, a cross departmental Action Plan that incorporates, the Unit of Financial Information and Analysis (UIAF) located in the Ministry of Finance to track the financial flows of illegal mining; the Public Prosecutors Office; and the DIAN (it records sales of gold). Cross departmental collaboration must come from the Ministry of Defence as this is the Ministry before the Court that is responsible for the Action Plan to end illegal gold mining in the River Atrato.
The legalisation of this illicit gold is mainly happening in Colombia. But the financial flows are transnational. Illegal gold extraction by armed groups in Choco is estimated at U$300 million annually. Money obtained from selling the gold, strengthens the illegal armed groups, exacerbates the conflict, destroys important ecosystems in Chocó (and other areas with the same pattern, like the Amazon), it funds corruption – of local authority personnel as well as the Security Forces locally, and makes it harder to build peace in these regions. Furthermore, illegal gold is used to launder drugs money and buy arms.
There is an International responsibility to help Colombia to track the financial flows, – given that the gold is bought and sold in Europe. says Louise Winstanley, ABColombia Programme and Advocacy Manager
Colombia needs a national approach and regional cooperation when addressing illegal gold mining. This is because similar patterns in illegal gold mining are repeated across the Andean Region and in Brazil – violence, environmental destruction, human rights violations, corruption of local authorities, illicit gold flows into Europe, and the laundering of drugs money. To tackle this situation requires the identification and analysis of transnational financial flows, changes in policy in relation to the registration and sale of gold in Colombia, and policy changes tightening European gold regulations and supply chains.
Ministry of Health – health strategy needed for dealing with health impacts of mercury in Choco
Exposure to mercury, even in small amounts can cause serious health issues. In Chocó, mercury levels are not regularly monitored. The 2018 National Water Study[ii] estimated that there were 183 metric tons of mercury dumped into Colombia’s waterways. According to the United Nations Office on Drugs and Crime (UNODC)[iii], between 2017 and 2022, 37.9 tons of gold were officially recorded in Chocó (the total is likely much higher). For each gram of gold produced, approximately between 7 to 30 grams of mercury is used, meaning that nearly 265 tons of mercury were used only for the gold reported in the last five years.
The State commissioned a toxic study by the Cordoba University this study was completed in 2018, but the results have not been released. The reason for this is that the Colombian Government considers the Health Study presented is not robust enough, but the University maintains that it has been done properly. There is therefore an impasse. For the people of Choco it is essential to initiate a health strategy and to begin to address health issues related to high levels of heavy metals in the blood. At one time the Government talked about sending in Health Brigades specially trained in heavy metal toxicity, but this has not happened. A way forward would be to initiate a long-term health study, as the considerable increase in the last five years of the illicit gold mining means that the 2018 study is outdated. And at the same time initiate the implementation of ashort-term health plan for those identified by the 2018 study as having absorbed mercury, and labelling the areas identified as highly contaminated. The idea of Health Brigades is also an important interim measure.
Recommendations
That the UK and Ireland support Colombia in tracking the financial flows in relation to gold
That the President of Colombia orders the Ministry of Defence to invite the collaboration of the the Unit of Financial Information and Analysis, the DIAN, and the Public Prosecutor’s office in its Action Plan to track illicit financial flow in relation to gold.
That the those responsible at the highest echelons of the Defence Ministry for the implementation of the T-622 ruling consult with the River Guards on updating the current Ministry of Defence Action Plan
That the Colombian Government implement a Heath Strategy, in line with the T-622 decision for those who have absorbed the mercury
[i] These are the paramilitary successor group known as the Gaitanistas Self-Defence Forces of Colombia (Autodefensas Gaitanistas de Colombia – AGC) or Clan de Golfo, and the guerrilla group the National Liberation Army (Ejército de Liberación Nacional – ELN).
Joint Public Statement by: ABColombia, ActionAid, Amnesty International, Anti-Slavery International, CAFOD, Christian Aid, Corporate Justice Coalition, Ekō, Global Justice Now, Oxfam, Peace Brigades International UK, Size of Wales, Transform Trade, Trócaire, Womankind, Water Witness International
As the UN Human Rights Council (UNHRC) enters into the 10th negotiation session for a legally binding treaty on business and human rights, we, call on the UK government to constructively engage in these treaty negotiations while simultaneously pursuing mandatory legislation on a national level to fulfill its duty to protect against human rights abuses by third parties, including by businesses.
In 2024, the G7 committed to “support a global level playing field on business and human rights” and “explore ideas and options for a consensus-based legally binding instrument at the international level”. This is warmly welcomed and supports the UK’s intention to build resilient supply chains, as reflected in the UK’s new industrial strategy green paper. The situation of many communities and ecosystems around the world negatively impacted by business operations continues to be severe due to the inadequate human rights protections businesses put in place, and both inaction and existing inadequate actions by states. To fulfill its commitments at this year’s Treaty negotiations, we call on the UK Government to adopt a gender responsive, rights-holder and victim-centred approach, and to constructively support a strong Treaty that ends corporate impunity, particularly in transnational settings, and enables effective access to justice.
Reliance on voluntary compliance with the UN Guiding Principles on Business and Human Rights (UNGPs) is insufficient. Businesses, including UK businesses, continue to cause, contribute to, or be linked to human rights violations and environmental destruction, and victims very often face many hurdles to access effective remedies. Among the multiple abuses suffered are forced labour, land grabbing, violent attacks on human rights defenders including trade unionists, and widespread environmental pollution destroying livelihoods. Women and marginalised groups, including but not limited to Indigenous and other customary rightsholder groups, are often disproportionately impacted due to intersecting forms of discrimination.
Consequently, mandatory measures are needed at the national level and, due to the size and power of businesses and the global nature of their activities, at the international level. The UN Binding Treaty would regulate the activities of transnational corporations and other business enterprises in international human rights law and fill important accountability gaps. To do so, strong provisions on, among others, prevention, access to remedy, legal liability and jurisdiction are needed – as are provisions on the protection of the environment and climate change. However, the 2023 updated draft weakened these provisions compared to the third draft, and many significant comments by Global South countries were disregarded in producing it. Existing power imbalances, including between the Global North and South, must not be reproduced, and the systemic inequalities and specific challenges faced by women and marginalised groups and communities should be addressed in the text through meaningful engagement both with civil society and affected communities.
All business enterprises must be legally obliged to respect human rights and the environment. Transnational enterprises and business activities of a transnational character can exploit accountability gaps that are created by complex corporate structures, which obscure responsibility under different domestic laws, create power imbalances across borders, and lead to jurisdictional challenges. The Treaty must specifically focus on these transnational businesses and activities. At a national level, mandatory rules are needed for all businesses, including those without any transnational activities, to implement and complement international standards.
The 2024 UK House of Lords Modern Slavery Act Committee recognised that international best practice has moved beyond mere transparency in supply chains. The UK needs to introduce new domestic legislation to hold businesses and the public sector to account when they fail to prevent human rights abuses and environmental harms in their global value chains. An effective model was already recommended by the Joint Committee for Human Rights, and is championed by civil society organisations and businesses. While other countries, including the EU bloc, are moving ahead with new laws which align with the UNGPs, the UK is falling behind as it continues to allow UK companies to profit from human rights violations and environmental destruction.
We call on the UK Government to:
Adopt a rights-holder and victim-centred approach, and constructively support a strong Treaty that ends corporate impunity, particularly in transnational settings, and enables effective access to justice.
Engage with civil society organisations, affected communities and rights-holders, particularly women andhistorically marginalised groups ahead of, during and following the negotiations on 16-20 December 2024.
Listen to all States and actively avoid reproducing existing power imbalances and hierarchies between the Global North and Global South.
Introduce national legislation to implement and complement international standards – ensuring UK businesses prevent human rights abuses and environmental harm in their operations and value chains and victims have access to justice.
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.
ABColombia condemns the shooting on, 7 June 2025 of one of Colombia’s Presidential candidates for the upcoming elections in May 2026. Senator Miguel Uribe Turbay Colombia’s Centro Democratico (Democratic Centre) party was shot twice in the head whilst speaking at a political rally in Bogota. He was rushed to hospital, operated on, and is in a critical condition. This is a deplorable act of political violence that is a threat to democracy.
A 15-year-old, with a firearm purchased in Arizona, was arrested at the scene. It is essential that the crime is further investigated, and the intellectual authors identified and brought to justice.
Civil Society Organisations, Colombian citizens, and Colombian politicians on all sides of the political divide, state that Colombia cannot return to its historical past when violence was used to silence and exclude political voices and parties, and citizens representation. Colombia has a long history of political violence. Five Presidential Candidates from different political parties were killed between 1987 and 1990. Furthermore the Inter-American Court of Human Rights stated that the Colombian state was responsible for the elimination of over 6,000 members of the Union Patriotica (Patriotic Union) Political Party.
With the signing of the 2016 Peace Accord, the country moved towards a broader political representation with the implementation of an additional16 “Peace Seats” (Special Transitory Peace Voting Districts) in Congress to represent the victims of the armed conflict and rural communities.
In Colombia, polarisation, stigmatisation and the loss of respectful political debate have always played a role in encouraging violence. Social media, some Colombian media outlets and politicians on all sides, including former politicians have all contributed recently to a negative and polarising discourse. Ahead of the May 2026 elections it is essential that all concerned refrain from polarising and stigmatising statements and engage in respectful political debate.
ABColombia is also concerned that the polarising dialogue and lack of respect at the national level translates into violence at the local level, where communities, social leaders, trade unionists and local politicians remain unprotected in a worsening conflict situation with 67 human rights defenders killed in the first five months of 2025.
On 3 June 2025 at the 79th session of the UN General Assembly there was the possibility of electing five new non-permanent member seats. The seats available for this election are allocated to different regions of the world in the following manner: two seats for the African Group, one seat for the Asia-Pacific Group, one seat for the Latin American and Caribbean Group (GRULAC, currently held by Guyana), and one seat for the Eastern European Group. The GRULAC group have two non-permanent seats, with an election for one every year. There are five permanent member states, these are the UK, USA, Russia, France and China.
At the 79th session, Colombia was elected unopposed to a non-permanent seat on the UN Security Council (UNSC), elected by 180 countries with eight abstentions. Its period of office will be from 1 January 2026 and until 31 December 2027.
Colombia campaigned for this seat with the slogan “Experience in Building Peace,” highlighting the country’s 2016 Peace Accord with the Revolutionary Armed Forces of Colombia (FARC) and defining peacebuilding as a central pilar of its foreign policy.
In a post on X, Colombian Foreign Minister Laura Sarabia stated that the election results were a “recognition of Colombia’s diplomatic leadership and the work of President Gustavo Petro in strengthening our foreign policy.”
Colombia recognised transitional justice as fundamental to peacebuilding by providing accountability, justice, truth, reparations, and guarantees of non-repetition for victims.
Colombia highlighted the importance of inclusive and participatory peace processes emphasising dialogue, inclusion, and trust-building as central to a stable and just peace and offering this as a successful model for other countries seeking to exit a conflict. Furthermore, Colombia highlighted the central role that women play in negotiations, the implementation of Peace Accords and conflict resolution.
Colombia promoted in its campaign its commitment to multilateralism and diplomacy, in line with the “Pacific Settlement of Disputes” (Chapter VI Art 33 ) of the UN Charter which states “The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.”
On 12 February, the Constitutional Court of Colombia (Sentence T-029 /2025), recognised for the first time the right to due process for communities and Trade Unions impacted by the closure of large-scale mining operations. The Court decision recognises the right of stakeholders impacted by large-scale mining to participate and contribute to the formulation of a fair and just mine closure plan aimed at mitigating the environmental, social and economic impacts of the closure.
This legal action was achieved by representatives of over 20,000 people made up of community members and dismissed workers impacted by the closure of the Prodeco Mine a wholly owned subsidiary of mining giant, Glencore; a multinational company registered on the London Stock Exchange.
The Prodeco mine spans four municipalities in the Cesar and Magdalena Departments in Northern Colombia. Despite the massive power imbalance between those impacted by the mine and Prodeco, the communities and Unions engaged in a four year long legal battle to gain transparent and effective dialogue aimed at achieving a realistic plan to mitigate the impacts of mine closure and uphold their rights.
The Court ruled that a roundtable should be established where all stakeholders can engage in transparent dialogue regarding measures to mitigate the impacts of the mine closure.
Previous mine closures have been inadequate, often sidelining local communities in the process. The ruling guarantees that the process is transparent and public, creating new spaces of participation that seek to moderate, at least to some extent the power disparities. The Court highlighted that a single meeting with the community did not constitute compliance with the requirement of community participation.
The Court outlined that stakeholders, in this case the communities from the La Jagua, El Paso, Becerril and Cienaga mining municipalities, the local authorities and the dismissed workers, should be informed and participate in the definition of the measures related to social, environmental and economic compensation and restoration. The Grassroots Partner organisations made this statement about the case, requesting that:
The company Glencore-Prodeco engage in constructive dialogue, avoid evasive manoeuvres, and respect the Court ruling.
That the Colombian State, led by the Environmental Licencing Authority (Autoridad Nacional de Licencias Ambientales-ANLA), the Ombudsman’s Office, and the Attorney General’s Office, accompany this process, support the Court decision, and strengthen protective measures to guarantee community and union leaders safety as they participate in the process for compliance with this ruling.
That national and international organisations continue to support the process to ensure the Court’s intention in ordering the establishment of a roundtable consultation process, that is that participation is real and effective.
The company is required to consult the local representatives on decisions that affect the communities, hear their concerns and/or reservations related to the mine closure plans, as well as, determining the outstanding obligations of mining companies.
The Court also ordered the reopening of the legal case against the representative of Grupo Empresarial Prodeco S.A.
Ensuring that companies headquartered and registered in the UK comply with due diligence measures and seek not only to mitigate but also to prevent human rights and environmental harms is essential.
This is why ABColombia as a member of the Corporate Justice Coalition, is calling for a mandatory due diligence UK law on Business, human rights, and the environment. That would place a duty on commercial organisations to prevent adverse human rights and environmental impacts of their domestic and international operations, products and services including in their supply and value chains.
128,548 people in the UK want change! They have signed a petition calling on MPs to bring in a new UK law to stop corporate abuses of human rights and environmental destruction. This will be handed in at downing street on 19 June 2025. So be quick and add your signature NOW!
The forced recruitment of minors as young as nine years of age, both girls and boys, is present in many regions of Colombia. Children in Cauca and Nariño are particularly vulnerable to forced recruitment, this vulnerability intensifies when it comes to indigenous communities, and is due to a combination of structural factors, including: historical absence of the State, the high presence of illegal armed actors seeking to control communities and force them to operate under their rules, the control of illicit economies such as gold mining and drug trafficking and the strategic location of these territories as geographic corridors. The impacts on Afro-Colombian and indigenous communities are greater in that they also face territorial dispossession, structural racism and violation of their autonomy.
Many are recruited under pressure or threat and are forced to perform functions as combatants, informants, or collaborators. This situation represents a form of structural violence that violates the right to autonomy and reinforces dynamics of exclusion and stigmatisation; families are forced, due to fear of reprisals against them or their other children, into being silent.
The rate of child recruitment in Colombia has reached its highest point in more than a decade. Between 2021 and 2024, the number of reported recruits rose roughly 1,000 percent, from 36 children to more than 450. Whilst this is the official figure, it is likely to be considerably higher given the fear of reprisals which force families to remain silent. In January 2025, illegal armed groups clashed in Guaviare leaving 24 dead, a third of which were children.
Poverty and exclusion are taken advantage by illegal armed groups, as they use social media networks like TikTok with the aim to romanticise the life of a guerrilla, making promises of money as they seek to attract children living in conditions of poverty. The most recent UN Report (February 2025) highlights concern around the increase in child recruitment and NGOs report how some criminal groups like Nueva Generación are taking children and then selling them to the different armed groups.
A positive policy introduced by the Petro Government of not bombing encampments of illegal armed groups when there are children present, has had the unintended consequence of armed groups recruiting children and distributing them throughout their encampments in order to prevent the Security Forces from bombing them.
The persistence and growing phenomenon of forced recruitment of minors raises urgent questions about the effectiveness of institutional responses. The UN highlighted a 58% increase in cases between 2021 and 2023. The Regional Indigenous Council of Cauca (CRIC) has documented a substantial increase in cases of forced recruitment in 2024, with 219 indigenous children and adolescents being recruited. Recruitment is often accompanied by physical, psychological and sexual violence. Indigenous and Afro-Colombian children are disproportionately and increasingly affected. According to the OHCHR girls are also being recruited in increased numbers.
The role of Indigenous and Afro-Colombian authorities is key in denouncing and resisting this form of violence. The Association of Indigenous Councils of Northern Cauca (ACIN) has been particularly active. But even the act of recording child recruitment has proved to be dangerous, because it is seen as interfering with the flow of fighters to these ruthless, violent and illegal armed groups. The suffering of families in this context is immeasurable and women have risked their lives seeking to negotiate with these armed groups in an effort to protect children from being recruited or to get their children back. In March 2024, a Nasa Indigenous woman leader Carmelina Yule Paví was assassinated while trying to stop an illegal armed group from recruiting a child.
Whilst the Colombian Government has measures to reintegrate children once they have been rescued or escaped the armed groups. These measures are inadequate and not tailored to the needs of children, especially children from ethnic backgrounds. Further traumatising them.
Colombia’s reintegration programs for former child soldiers remain under-resourced and unevenly implemented, limiting their effectiveness. According to Human Rights Watch, while the Colombian government has established frameworks for the reintegration of children demobilised from armed groups, these programs often lack sufficient funding, trained personnel, and long-term support. Many children face stigma upon return to their communities and struggle to access education, psychosocial care, and economic opportunities. Reintegration efforts are particularly weak in rural and Indigenous areas, where most recruitment occurs and where state presence is minimal World Report 2025: Colombia | Human Rights Watch
The Colombian government collaborates with international agencies to support reintegration, but gaps in protection and follow-up persist. UN agencies and NGOs work alongside the Colombian Family Welfare Institute (ICBF) to provide emergency shelter, psychological support, and educational services to demobilised children. However, Amnesty International reports that many children fall through the cracks due to bureaucratic delays, lack of coordination, and insecurity in conflict zones. The reintegration process is further complicated by ongoing threats from armed groups, which sometimes target children who attempt to leave. Human rights in Colombia Amnesty International
