The Human Rights Committee this morning concluded its consideration of the eighth periodic report of Colombia on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts commending reparations for indigenous and Afro-descendant victims of conflict, and raising issues concerning abortion and reproductive rights, and protections for human rights defenders.
One Committee Expert welcomed positive reports that in the first half of 2023, the issue of reparations for indigenous and Afro-descendant peoples who were victims of conflict and racism had been placed at the centre of the political agenda.
Tania María Abdo Rochol, Committee Chairperson, said that abortion continued to be an offence in the Criminal Code, despite its depenalisation up to 24 weeks of pregnancy. What measures were being applied to ensure decriminalisation? 30 per cent of women and girls criminalised for abortion had been victims of different forms of gender-based violence, and 24 per cent of the cases that ended in conviction involved girls and adolescents. Did Colombia plan to promote a permanent ban on the use of glyphosate, considering its effect on women’s reproductive health?
Another Expert asked the delegation to comment on complaints that there continued to be violations of human rights defenders’ rights to freedom of expression. Could the State clarify the number of murders of human rights defenders that occurred during the reporting period? How would the State party ensure that no harm was caused to people conducting peaceful protests and that the State complied with its obligations under the Covenant in this regard?
Elizabeth Taylor Jay, Vice Minister for Multilateral Affairs of the Ministry of Foreign Affairs of Colombia, and head of the delegation, introducing the report, said although it had persistent challenges, Colombia had a solid track record in the implementation of policies and programmes to guarantee respect for human rights in the country and progress in the promotion of gender equality, the fight against impunity and the search for truth, as well as care for victims of the armed conflict.
Colombia had made great efforts to strengthen and work for the rights of indigenous peoples and Afro-descendants, Ms. Taylor Jay said. One of the most important achievements in this regard had been the creation of the Ministry of Equality, headed by the Vice President of the Republic. The Ministry would help solve problems of inequality, and would also address issues such as racism, discrimination, inequalities caused by climate change, rural-urban gaps and gender-based violence.
She further stressed that the current Government had proceeded to officially withdraw from the “Geneva Consensus Declaration”. One of the first issues it had addressed was the strengthening of technical assistance to reduce barriers to access voluntary termination of pregnancies. In the ensuing discussion, the delegation said a draft resolution was being prepared to be presented to the National Council for Drugs enabling the prohibition of glyphosate spraying on land. Aerial spraying had already been limited.
On human rights defenders, the delegation cited a decree in development on protection of human rights defenders and a parallel policy that was focused on prevention of violence and intimidation. The delegation expressed hope that the decree would come into force in December. 29 persons had been killed in the protests that continued from 28 April into July 2021. Investigations into events occurring during the protests considered victimisation and murders of human rights defenders. 92 human rights defenders had been murdered this year.
The Government was working to create more robust programmes at the national and regional levels, with participation of civil society and appropriate budget.
In concluding remarks, Ms. Taylor Jay said the State party had described progress made in Colombia and areas where further efforts were needed. The President would continue to address gaps in society and promote the rights of communities that had historically been discriminated against. The protection of human rights in Colombia required joint action and international solidarity. She said the recommendations of the Committee would serve as a guide for implementing policies and programmes to protect human rights.
Ms. Abdo Rochol, in concluding remarks, expressed appreciation for the delegation’s dynamism and for the participation of civil society organisations, which were working to meet the various challenges facing the country. She said topics discussed in the dialogue included structural violence; torture and overcrowding in prisons; the use of pretrial detention; restitution of land; domestic and sexual violence; homicides and the lack of convictions; and the rights to freedom of assembly and freedom from discrimination.
The delegation of Colombia was made up of representatives of the Ministry of Foreign Affairs, the Ministry of Criminal Politics and Restorative Justice, the Special Jurisdiction for Peace, the Office of the Attorney General, the Administrative Department for Social Prosperity, Presidential Counsellors and Advisors, representatives of the Vice-presidency of the Republic, the Ministry of Defence, the Penitentiary Institute and INPEC Prison, the National Police, the Unit Land Restoration, the National Protection Unit, and the Permanent Mission of Colombia to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and thirty-eighth session is being held from 26 June to 26 July. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpageOpens in new window. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpageOpens in new window.
The Committee will next meet in public at 3 p.m., Tuesday 11 July to begin its consideration of the second periodic report of Lesotho (CCPR/C/LSO/2Opens in new window).
Report
The Committee has before it the eighth periodic report of Colombia (CCPR/C/COL/8Opens in new window).
Presentation of the Report
ELIZABETH TAYLOR JAY, Vice Minister for Multilateral Affairs of the Ministry of Foreign Affairs of Colombia, and head of the delegation, expressed her gratitude for the opportunity to address the Committee to present the eighth report on the situation of human rights in Colombia. The constructive dialogue was a valuable opportunity to evaluate the tasks that the State had ahead to guarantee compliance with the Covenant, and the State attached particular importance to interactive dialogues with treaty bodies. She reaffirmed her country’s commitment to human rights and announced its interest in putting forward its candidacy to the Human Rights Council for the years 2025-2027. Colombia aimed to strengthen human rights standards and mechanisms at the global level, based on its experience, attempts to overcome its human rights crisis and search for peace. Although it had persistent challenges, Colombia had a solid track record in the implementation of policies and programmes to guarantee respect for human rights in the country and progress in the promotion of gender equality, the protection of the rights of ethnic communities, the guarantee of the rights of the lesbian, gay, bisexual, transgender, intersex or questioning population, the fight against impunity and the search for truth, as well as care for victims of the armed conflict.
Colombia had worked tirelessly to strengthen democracy and guarantee the full exercise of the rights of its citizens. Free, genuine and transparent presidential and legislative elections had been held, and this year, elections would be hosted at the territorial level. Mechanisms guaranteed the active participation of civil society and different actors in the formulation of public policies. The Government had decided to advance a series of dialogues with citizens with a view to the construction of a National Development Plan, “Colombia, world power of life”, recognising that the guarantee of the right to a dignified life was essential for the enjoyment of other rights.
Colombia had taken significant steps to overcome the effects of the armed conflict and build total peace. The administration had adopted fundamental decisions to advance the implementation of the Peace Agreement signed in 2016. Challenges persisted, but work to resume the State’s obligations to peace was ongoing. Institutions had been created and strengthened to investigate, prosecute and punish crimes committed during the conflict. The effective reintegration of ex-combatants into civilian life had been promoted. The implementation of the recommendations of the Truth Commission was a priority issue, for which Colombia required cooperation and joint work with the United Nations human rights system and the international community. Measures had been taken to guarantee comprehensive reparation to all victims of the conflict in Colombia. Educational and accreditation sessions had been held in the Special Jurisdiction for Peace, and the Government was also working to materialise the rights of victims to truth, justice, reparation and non-recurrence.
The land restitution process in Colombia had been carried out through the Special Administrative Unit for Managing Despoiled Lands Restitution, which had worked tirelessly to examine applications, make substantive decisions and provide support to affected communities. The State party had decided to reform its Constitution to create a special agrarian and rural jurisdiction that would guarantee the swift and effective resolution of land conflicts.
Another priority was to achieve gender equality and the integral empowerment of women. Measures had been taken to prevent violence against women. These included the Colombian Liaison Mechanism, an inter-departmental coordination strategy promoting prevention and comprehensive care, protection and access to justice for victims of violence based on sex and gender. The Government was preparing reports and recommendations to strengthen policies and measures in favour of women, people with diverse gender, identity, sexual orientations, rural women, leaders and human rights defenders, as well as victims of conflict. Colombia had worked tirelessly in the construction of a national plan of action on women, peace and security, and had also worked on the formulation of a feminist external policy. The current Government had proceeded to officially withdraw from the “Geneva Consensus Declaration”. One of the first issues it had addressed was the strengthening of technical assistance to reduce barriers to access voluntary termination of pregnancies.
Historic progress had been made in recognizing and protecting the human rights of people with diverse sexual orientations, identities and gender expressions. The government directly recognized the lesbian, gay, bisexual, transgender, intersex and questioning population in seven articles of the National Development Plan 2022-2026 and transversally in another 64 articles. Likewise, it had advanced the creation of sex markers to integrate non-binary and trans identity into the citizen identification system. This year, a State unit was created made up of people with diverse sexual orientations and identities. It was providing technical assistance to Government entities with a territorial approach. The Government was about to sign a decree through which an Intersectoral Commission would be created for coordination and articulation of national public policy promoting the rights of lesbian, gay, bisexual, transgender, intersex and questioning persons.
Colombia had made great efforts to strengthen and work for the rights of indigenous peoples, Afro-descendants, Raizales, Palenqueros and Rrom. One of the most important achievements in this regard had been the creation of the Ministry of Equality, headed by the Vice President of the Republic. The Ministry would help solve problems of inequality, and would also address issues such as racism, discrimination, inequalities caused by climate change, rural-urban gaps and gender-based violence. The country had made significant progress in recognising and protecting the rights of indigenous, Afro-descendant and Raizal communities. Mechanisms for prior, free and informed consultation had been established. Laws and regulations had been promoted seeking to safeguard the cultural and linguistic diversity of these communities, as well as to ensure access to basic services, intercultural education and health.
There were still challenges to be faced, but these advances demonstrated the Colombian Government’s commitment to promoting equality and respect for all people. The State party hoped to be able to comply effectively to the observations and conclusions that resulted from this dialogue with the Committee.
Questions by Committee Experts
A Committee Expert thanked the delegation for participating in the constructive dialogue. The State party had suffered in recent decades from a series of events that had directly and very profoundly affected respect for the rights enshrined in the Covenant, including the long internal armed conflict, paramilitarism and the displacement of people due to violence. At the same time, the Committee was aware of the State’s efforts to overcome these situations, especially through the Peace Agreement signed in November 2016. This was a good opportunity to assess whether the Agreement had had a positive influence on respect for human rights.
Could the delegation explain what were the functions of the Internal Working Group on Follow-Up to Instructions and Recommendations issued by international human rights bodies and who was part of it? The Expert called for information on the number of the Committee’s Views that had actually been implemented, the number were pending, and the reparations that had been offered to the victims. Could the delegation provide information on the procedure established in Act No. 288 of 1996 for internally processing pecuniary measures ordered by the Committee? Did this procedure slow the litigation process? What measures had been taken to provide the Ombudsman’s Office with an adequate level of funding to enable it to increase its presence on the ground?
The Expert asked the delegation to report on the effectiveness of the Early Warnings System in preventing serious human rights violations and on whether it was fulfilling its goals. What was the role of Early Warnings in protecting human rights defenders and social leaders? To what degree had the recommendations of the Ombudsman’s Office related to risk reports and follow-up notes by the relevant State bodies been implemented?
What mechanisms were in place at the State level to receive and investigate cases of torture? The Expert called for data on the number of complaints, investigations, trials and convictions, as well as on remedies afforded to victims. Was there coordination between the different State bodies? Did these entities apply the Istanbul Protocol in investigating allegations of torture and other cruel, inhuman or degrading treatment or punishment? What investigations had been carried out to establish criminal responsibilities and reparations to victims of torture by State agents as a result of non-compliance with lockdown measures, including in the case of Javier Ordóñez?
The Expert called for information on whether the training courses, which began in 2015, for prison officials on prevention of torture and ill-treatment within prisons had continued. Had the State developed and implemented an independent complaint mechanism in national detention establishments? The Expert called for data on the number of complaints received, the status of investigations, sanctions imposed and reparations granted to victims. What legislative progress had been made to reform the prison system, especially with regard to prison overcrowding and the living conditions of persons deprived of their liberty? Did the State intend to sign, ratify or accede to the Optional Protocol to the Convention against Torture?
Another Committee Expert thanked the delegation for participating in this session and the civil society organisations of Colombia for their very significant participation in developing this constructive dialogue. The State party had provided numerous data on steps carried out by different national organisations to comply with the Final Agreement for Ending the Conflict and Building a Stable and Lasting Peace signed on 24 November 2016 between the Government of Colombia and the Revolutionary Armed Forces of Colombia. Could further information be provided on the number of penalties imposed as a result of criminal and administrative proceedings instituted for violations of Covenant rights? What criminal and administrative penalties had been applied to officials and judges for corruption? Further clarification was also requested on the data provided on collective homicides. What grants and actions were issued under the Peace Plan? Data was requested on the results of the return, relocation and local integration processes carried out by the Victims Unit, including the number of processes completed positively for the victims; and on the results of programmes for recruited children and on children who took part in the Administrative Process for the Recovery of Rights.
According to the Committee’s sources, the Land Restitution Unit had some operational shortcomings. Could the State party inform the Committee of measures taken to increase the effectiveness of the Land Restitution Unit?
According to information received, paramilitary groups and their heirs had expanded across Colombia in recent years, gaining territorial control of large areas formerly occupied by the Revolutionary Armed Forces, leading to an alarming increase in violence in 27 of the country’s 32 departments. Could the State party inform the Committee of measures taken to ensure that none of the serious violations of Covenant rights perpetrated by members of demobilised paramilitary groups went unpunished, indicating the number and status of investigations opened? What measures and remedies would the State party take to ensure the implementation of the report’s recommendations? Would it create a mechanism for follow-up and monitoring of the recommendations?
A Committee Expert asked the State party to indicate the measures it had taken to eliminate the unequal treatment of persons of African descent by law enforcement officials. Reportedly, between 2016 and 2021, there had been a total of 2,257 acts of violence against lesbian, gay, bisexual, transgender, intersex and questioning persons, including 863 homicides. Could the State party describe the measures it had taken to prevent acts of discrimination or violence based on sexual orientation or gender identity, conduct investigations into such acts and issue penalties? Reports of violence against indigenous people, Afro-descendants, people with disabilities and lesbian, gay, bisexual, transgender, intersex and questioning people indicated that stereotypes were prevailing. Could the delegation comment on the effectiveness of Decrees No. 762 of 2018 and No. 410 of 2018 and other measures taken to combat these stereotypes?
Another Committee Expert said the Committee took note of the State party’s statement that the protection of human rights during states of emergency was enshrined in article 93 of the Constitution. It also noted the measures taken by the State party to address the COVID-19 pandemic. What was the legal basis for these specific measures? Did any of these measures deviate from the State party’s obligations under the Covenant? Had they been strictly necessary and proportionate, and limited in duration, geographical coverage and material scope?
What effect had the measures taken to implement the programme for protecting the rights of women human rights defenders? How many complaints had been received about violence, threats and intimidation faced by women human rights defenders? What investigations had been carried out into such incidents, and what punishments had been issued to perpetrators. Could women human rights leaders and defenders currently operate freely in the national territory?
The Committee noted the measures taken by the State party to prevent and eliminate the excessive use of force by law enforcement officials. The right to life reportedly continued to be violated by the excessive and disproportionate use of force by State agents during social protest movements. During the 2021 national strike, 89 homicides had been documented, of which 36 had been ascribed to the law enforcement forces. In 2021 alone, 52 cases of extrajudicial executions were recorded. Could the State party comment on this? Could it provide information on investigations introduced against those responsible for these killings, including concerning the events of 28 March 2022 in the municipality of Puerto Leguízamo, in which 11 civilians had seemingly been killed by members of the military. How did the State ensure that investigations were initiated, conducted and completed by ordinary courts?
TANIA MARÍA ABDO ROCHOL, Committee Chairperson, said the Attorney-General’s Office had adopted directives to ensure due diligence in investigations of violence against women. The State party report demonstrated a total of 98 victims, with a charge rate of 68.37 per cent and a conviction rate of only 7.46 per cent. What was the reason for such a low conviction rate? What actions were being taken in the field of justice to reverse these numbers? Had the Special Jurisdiction for Peace opened any macro-cases to investigate sexual violence in the context of the internal armed conflict? Had there been prohibitions in all ceasefire or cessation of hostilities agreements with non-State armed groups addressing all forms of sexual violence, including the forced recruitment of girls for sexual exploitation? What were the protection mechanisms for survivors to ensure their security and confidentiality? Considering the COVID-19 pandemic, domestic violence had increased exponentially. The Directorate of Policies and Strategy had from January 1, 2020 to November 30, 2022 registered 82,772 criminal notifications. Could the State party give updated data regarding criminal prosecution, convictions of perpetrators and comprehensive reparation to victims? The Committee had received a complaint claiming that in Bolívar, members of the Armed Forces had perpetrated gender-based violence, including sexual violence, and early forced unions with girls and adolescents, taking advantage of their situation of high socioeconomic vulnerability. Had an investigation into this been carried out and had responsibility been assigned? Why was an increase in violence still being seen? Could the delegation refer on the budget over the last five years assigned to the programmes notified and what were the forecast on the budget for the future?
Under the system implemented since sentence C-355, 97 per cent of women and girls criminalised for abortion were in rural areas and 30 per cent of criminalised women had been victims of different forms of gender-based violence. In addition, 12.5 per cent of the abortion cases processed by the Colombian justice system involved women between 14 and 17 years of age, and 24 per cent of the cases that ended in conviction involved girls and adolescents. The system was thus criminalising the most vulnerable women. Abortion continued to be an offence in the Criminal Code, despite its depenalisation up to 24 weeks of pregnancy. What measures were being applied to ensure decriminalisation? The Colombian Government used glyphosate to eradicate illegal crops. Reproductive health harms caused by exposure to glyphosate had been reported. Did Colombia plan to abolish Decree 380/2021 and promote a permanent ban on the use of glyphosate, considering its effect on women’s reproductive health? Did Colombia have procedural rules in favour of the victim?
Between 2016 and 2021, there had continued to be worrying levels of violence in Colombia. There had been an upward trend in massacres and alleged arbitrary deprivations of life. Between 2016 and 2021, a total of 256 massacres had been documented in Colombia. After 11 massacres in 2017, the lowest number since 2012, the number had been continuously increasing. There were 29 massacres in 2018, a 164 per cent increase compared to 2017 and the highest number of massacres verified since 2014. Most of the massacres since 2016 were committed by criminal organisations and to a lesser extent by non-state armed groups; 73 per cent of these had occurred in six departments. Who was responsible for the massacres? What was the level of compliance with international norms and standards by paramilitary armed groups?
Responses by the Delegation
The delegation said that there was a Follow-up Group on Recommendations in the area of Human Rights within the Ministry of External Affairs. Made up of four advisers and a coordinator, it coordinated follow-up on the views, decisions, rulings and recommendations of treaty bodies, the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights. This group carried out interdepartmental coordination with a view to complying with the Committee’s recommendations. The Government had decided to resume the work of this Group. In February 2023, the Government drafted a bill which could give rise to approval and ratification of the Optional Protocol to the Convention against Torture. This bill had undergone initial debate. Deliberations would resume on 28 July.
The Government had sought to improve conditions for the implementation of the Truth Commission. The Ministry of Justice and Law was promoting the establishment of a national search and development mechanism and strengthening policies on criminal matters in the framework of security. The Ministry had also moved forward with a reform of the law on victims, as suggested by the report of the Truth Commission. A committee made up of human rights experts for follow-up monitoring of the Truth Commission had been established. It was currently working on its final report. The Ministry was preparing a draft resolution to be presented to the National Council for Drugs enabling the prohibition of glyphosate spraying on land. Aerial spraying had already been limited.
The draft bill on the National Plan for Development included a provision stipulating that the Government and the State would gradually put into practice recommendations from the Truth Commission. This had been subject to opposition from a sector of the Congress. The Truth Commission required international support to assess and aid authorities investigating violations of human rights and international humanitarian law and corruption; reform the security sector; and define a public policy to promote a culture of peace.
The budget for the Ombudsperson had increased in 2023 by 35 per cent from the 2022 budget. From 2021 to 2022, the budget had grown by 16 per cent. The Government had tried to double the previous administration’s efforts. The Ombudsperson had an early warning system to deal with alerts of serious violations, be they imminent or structural. The Ombudsperson’s Office up to December 2022 had received 260 early warnings and produced 107 follow up reports. Formerly, the early warning system had lacked resources, having only three or four persons in charge of rapid response. The current Government was committed to strengthening response capacity. The budget for the Intersectoral Commission for rapid response had been almost tripled, appropriate personnel hired, and the participation of civil society guaranteed. The Government was working on a draft resolution to reform methodology vis-a-vis early warnings to strengthen their preventative function.
Within the Government’s national plan of action on women, peace and security, there was a stand-alone chapter organising the implementation of the peace agreement. The Government had acknowledged the architecture of the agreement and set up commissions and bodies to implement it. After eight months of discussion, a public policy had been devised on the dismantling of armed groups, a pending issue since the signing of the peace agreement. Bodies dealing with gender and indigenous peoples had been established. A series of measures had been taken to protect people who had been reincorporated into society. As part of the Government’s effort in protecting women leaders, a comprehensive programme of safeguards for women human rights defenders had been developed, but it had not been fully implemented. The programme should soon be in place in 32 departments. The programme was spearheaded by women.
The Ministry of Agriculture had had the biggest increase of budget, with 4.5 billion pesos dedicated to agrarian reform. 1.5 billion pesos had been allocated to buying land to return to female victims. In six months, 1.4 million hectares of land had been handed over to peasants. The general budget for implementation of the peace agreement had been increased by 25 per cent. Part of the reform included the substitution of illicit crops and measures to prevent the use of glyphosate. 1.3 billion pesos had been dedicated to the programme to replace illicit crops.
Progress on the Special Jurisdiction for Peace would not have been possible without civil participation. The Special Jurisdiction for Peace investigated and punished human rights violations inflicted during the armed conflict. 7,000 victims had been granted compensation and 198 had been representatives of Afro-descendants and indigenous populations. The Special Jurisdiction had currently opened 10 macro-proceedings, including on serious deprivations of liberty committed by the Revolutionary Armed Forces. In all of these investigations, the Secretariat accepted responsibility vis-a-vis the victims of war crimes and crimes against humanity. Last week, there was a resolution where 10 former members of the command of the Revolutionary Armed Forces were charged for war crimes and crimes against humanity. Sexual and gender-based violence had also been investigated. Another macro-case was on murder, enforced disappearances and extrajudicial killings. The Special Jurisdiction for Peace had identified 6,402 such cases. Recently, a number of members of the armed forces had recognised their responsibility. The Special Jurisdiction for Peace had also found that more than 18,000 children had been illegally recruited in the country. There would soon be a resolution released in this regard. To date, 3,780 victims of sexual violence had been identified. Investigation involved consultation with victims’ organisations. These investigations were the result of 977 reports presented by victims’ organisations. The Special Jurisdiction for Peace was a small mechanism with few resources, but additional resources had been provided by the Government. The continued killing of former combatants who had signed the peace agreement highlighted the need for measures to protect them and the right to truth and memory of the victims in the country.
The Attorney General’s Office had independent investigative bodies, of which the Special Jurisdiction for Peace was one of the most important. It had access to information for all the cases in the Office’s information system. A directive had been signed by the Office recently to promote swift progress in considering cases investigated by the Special Jurisdiction for Peace and other high priority cases. The Office had been engaged in fact-finding for the last 14 years, collecting information on 34,000 homicides and 2,000 cases of sexual violence. During the period of the current administration, the Office had achieved sentences for perpetrators of violations in 12,000 cases. Since 1995, the Office had identified that the offenders in 1,000 cases of forced displacement and abductions were members of groups affiliated with the Patriotic Union. 248 million United States dollars in compensation had been provided to victims through compensation funds. 1,000 missing persons had been found deceased, identified, exhumed and the remains handed to their families. The Office had 98 cases against third parties that were financers and funders of self-defence groups. Funders used profits gained from activities such as exporting bananas to finance self-defence groups’ activities.
Colombia had pursued structural reform to protect the interests and rights of discriminated and marginalised people. The Ministry of Equity had established a specific unit to uphold the rights of lesbian, gay, bisexual and transgender people and people affected by intersecting discrimination. The President’s Office had established a management group, including persons with disabilities, on special ethnic and racial issues; a directorate for lesbian, gay, bisexual and transgender people; and a national support civil system. The State party worked to ensure institutional coordination. It had been recognised in the national development plan that it was necessary to ensure legal representation for lesbian, gay, bisexual and transgender people, and to establish an observatory on violence and violations.
Starting in 1999, 7,398 boys and girls had been taken on board in a specialised programme for victims of violence, headed up by the Family Wellbeing Institute of Colombia. The purpose of this programme was to ensure comprehensive reparation of these boys and girls, moving towards their reintegration. After the approval of the national development plan, the State party developed a programme that encouraged 987 municipalities and centres to strengthen protections for children from recruitment, produce updated roadmaps, and conduct periodic analysis and territorial pilot projects aiming to prevent child recruitment. The support given to municipalities was focused on the areas with the highest rates of recruitment. The public policy guidelines for the prevention of child recruitment and sexual violence against children and adolescents would be updated, with a view to tackling new trends in armed conflicts. A public policy against racism had been adopted.
Follow-Up Questions by Committee Experts
On transitional justice, a Committee Expert said the data reported by the State party showed the impressive volume of legal work that was underway. Who was judging the cases presented to the Special Jurisdiction for Peace? How many people were in pre-trial detention for the offences being investigated? In these processes, could people present their cases in an individual capacity or were they always represented by the Attorney General’s Office? What publicity would these trials be given? The Committee had received information on a plan of action on civic security. Did this exist? Could more information on this plan be provided?
Another Committee Expert said regulation of the use of force in detention centers was reportedly not sufficient to prevent torture or cruel, inhuman or degrading treatment. Resolution 192/2018 of the National Institute for Penitentiary Facilities was said not to be respectful of international standards, because the criteria for use of force in such facilities were too broad. Had the State party considered amending this resolution? Could information be provided on the investigations undertaken into a riot that took place in a prison in Bogota on March 21, 2020, in which 24 people died and 103 were injured?
A Committee Expert asked the State party if it considered decisions made by treaty bodies to be binding or not? Did it follow-up on all such decisions, particularly regarding reparations for victims? There had reportedly been an intensification of violence and more territorial control by non-State armed groups and criminal organisations in recent years. The lack of a real presence by the State in certain parts of the country limited the State’s ability to comply with its duty to protect its people. The plan to implement the Peace Agreement presupposed that there should be negotiations with criminal organisations and paramilitary groups that effectively controlled a large part of Colombia. When did the State party intend to move to ensure effective control of the entire country so there could be appropriate protection given to the entire population?
A Committee Expert asked about the State’s plans for tackling the phenomenon of systematic racism, which was at the heart of the structural violence discussed in the dialogue.
Responses by the Delegation
The delegation said the Special Jurisdiction for Peace included a Supreme Court, with judges and magistrates divided across a number of chambers. There were 38 judges in total. 54 per cent of the court was female, because the Peace Agreement stipulated that there needed to be equity and parity. One of the macro-cases it had examined was about hostage taking, abductions and serious violations committed by the former Revolutionary Armed Forces. In this case, the highest-level of command had accepted responsibility regarding society and the victims. These hearings were conveyed publicly. In its latest hearing, the court found that alleged extrajudicial executions in combat were factual and the responsibility of agents of the State. Another macro-case addressed crimes against particular ethnic groups or indigenous groups as the direct result of the Colombian armed conflict. In this transitional process, the majority of those who were investigated were members of the public forces and the Revolutionary Armed Forces. Victims and their organisations were represented by legal counsel, including in cases before the Special Jurisdiction for Peace. The State guaranteed that victims had access to legal aid. The public prosecution service also represented unknown victims.
On security, reforms had been made and others were underway. The Government accepted all the decisions of the Committee and international bodies, particularly the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights. The State party would not continue to refuse or reject its responsibilities in cases of violations of human rights and international humanitarian law. Colombia was taking its responsibilities seriously and not disrespecting victims that had been waiting for 30 years or more for justice, truth, reparation and guarantees of non-repetition. Colombia had a list of cases pending for “friendly settlement”, in which persons identified as victims could benefit from an acknowledgment of the crime and also compensation. Public apologies were also issued, including by ministries.
The Ministry of Defence had reactivated the Inter-Institutional Commission for Human Rights, which was reviewing reparation cases. In January, the Ministry of Defence had issued a directive on the State armed forces’ duty to protect and prevent violence against girls, boys and adolescents. This was a fundamental decision also in preventing forced recruitment and shelling. Colombia had endorsed the Safe Schools Declaration to ensure protection and prevention from any harms for girls, boys and adolescents in school. A roadmap was being discussed in this regard. The Ministry of Defence was negotiating a human rights policy aligned with international human rights and humanitarian law that would hopefully be concluded by September. This policy would need to be streamlined in all training for public security officials. An information system and monitoring for violations of human rights had been established to ensure traceability from the moment a complaint was lodged. This system had been supported by the international community, and would help to push back against impunity.
Colombia’s prison system was at 121 per cent capacity on average, with around 20,000 more prisoners than prisons were designed to accommodate. There were about 32,000 persons held in various police stations. Since 1991, Colombia had been struggling with a prison crisis. A number of steps had been taken to tackle overcrowding and make legislative progress. The State party recognised a delay in terms of infrastructure within the system. It was trying to implement mechanisms to broaden the number of resources and increase capacity of prisons at the national level and in different parts of the country. In the past four months, about 2,500 places had been created. The Government had developed a draft bill that aimed to humanise and streamline policy on crime and overcrowding. This draft bill had been presented to Congress, which had not been able to make progress with it. The President of the Republic had decided to resubmit this bill to the legislatures.
The State party had a virtual course following the Mandela rules to provide training to all penitentiary staff. It was working to ensure there was oversight for every prison in the country. It had developed guidelines stemming from the Istanbul Protocol and regulations on cruel, inhuman or degrading treatment.
The COVID-19 pandemic was a major challenge for women, particularly the most vulnerable. Inequalities had increased. Affirmative actions were conducted to ensure prevention of violence against women and their inclusion in policies. Relevant actions included the implementation of the national register and monitoring for gender-based violence, the signing of an agreement to enhance cooperation with the police, and the strengthening of a mechanism to coordinate work against violence and work to empower women economically. A presidential initiative had been adopted to tackle gender-based violence in the public sphere. To prevent violence and early marriages, the Government was developing initiatives contributing cultural transformation, including campaigns to raise awareness.
56 per cent of cases investigated by the Attorney General’s Office had been solved. 160 trials had been held, and arrest warrants were issued in many cases. 23 women who had signed the peace agreement had been killed. Other cases involving lesbian, gay, bisexual, transgender and intersex persons were underway. The methodology was victim-oriented. The State party was continuing to see the victimisation of human rights defenders. In total, there were 300,000 approximate cases involving such victimisation.
400 complaints were received via free hotlines. The National Penitentiary and Prison Institute had a human rights committee with representatives of those deprived of liberty. 380 criminal complaints about excessive use of force had been received directly by the Attorney General’s office. Investigations were ongoing internally and the Ombudsman was equipped to deal with the cases. 1,500 prisons officially had undergone training in line with the Istanbul Protocol.
160,000 compensation packages had been given to victims from particular ethnic groups, as detailed in the report for the Victims Unit. There had been 2,500 refusals because of insufficient information or displacement connected to armed conflict. The new government had paid out some 50,900 compensation packages, including 26,000 to persons from particular ethnic groups, and a significant number to women, minors and lesbian, gay, bisexual, transgender and intersex persons. Since March 2023, compensation had been given to around 8,000 victims from paramilitary groups.
Questions by Committee Experts
TANIA MARÍA ABDO ROCHOL, Committee Chairperson, said that during the month of May, the State party welcomed the Special Rapporteur on trafficking in persons, especially women and children, Siobhán Mullally. She had reported on recruitment and use of children, in some instances under 15 years of age, by armed groups; forced labour; forced begging; child marriage; and sexual exploitation. What parameters did the State party look at when identifying victims of trafficking? Was there currently a national information system on trafficking in persons that unified the different information systems and allowed for data cross-referencing? What mechanisms or instruments were used to monitor the actions that were the responsibility of territorial governments? What economic, human and technical resources did the State party have to implement the approaches and principles established in the strategy on trafficking? Why were the reports required by Law 985/2005 not shared with civil society or universities? What strategies had been used to engage the media in adequately addressing the fight against trafficking in persons? What was the current situation of victims of trafficking of foreign nationality in Colombia? What kind of services did the State offer to victims to provide them with stability and help them out of situations of exploitation?
A Committee Expert asked about the legal basis of the measures taken during the COVID-19 pandemic. The Committee welcomed that Decree-Law No. 546 adopted in 2020 made it possible for courts to issue vulnerable persons with alternatives to imprisonment and pre-trial detention. Could the State party provide updated information on the measures taken to provide prisoners with health services services and to protect them from contagious diseases? What measures had been taken to protect individuals and prevent internal displacement and lockdowns due to territorial disputes? The Expert called for updated statistics on the number of displacements.
A Committee Expert said the Committee was concerned about transfers of social protesters to “protection centres”. Could the State party provide information on the number of arrests carried out during social protests and provide data disaggregated by sex, age, ethnicity and nationality? Could it also provide information on the number and location of Protection Transfer Centres in the country? To what extent had “transfer for protection” measures been affected by the new Citizen Security Law and by the Constitutional Court’s ruling of March 2023?
Could the State party provide information on measures implemented to guarantee that judges, prosecutors and other legal professionals could carry out their work safely and independently, without fear of threats, harassment or reprisals? What actions had been taken to ensure that investigations of threats and attacks against legal professionals were effective, independent and impartial, and that sanctions were imposed on those responsible? The Expert called for information on the measures taken to guarantee the independence of the main monitoring institutions, particularly the Attorney-General’s Office.
Could the State party inform the Committee about the regulation of online judicial hearings? Did the State party have any plans to facilitate access to justice for persons living in remote areas? How did the State decide which cases fell under the competence of the Special Jurisdiction for Peace? Were there cases heard by the Special Jurisdiction for Peace that were returned to the ordinary jurisdiction? What kind of convictions could the Special Jurisdiction for Peace hand down when sentencing?
Another Committee Expert asked the delegation to comment on measures taken to ensure that the Cybersecurity Comprehensive Team halted illegal monitoring of human rights defenders, as well as illegal monitoring of social media. The Committee had received reports that children had been digitally monitored and that their personal data had been used in targeted advertising. What was the Government doing to prevent this practice? Could this practice be penalised?
The Expert asked the delegation to comment on complaints that there continued to be violations of human rights defenders’ rights to freedom of expression? Could the State party explain how civil society was involved in the first phase of the drafting of the Comprehensive Protection Public Policy and in developing guarantees for social and communal leaders, journalists and human rights defenders? What was the timetable for enactment of and implementation of the policy?
Could the delegation describe the status of implementation of the resolution issued by the Administrative Cundinamarca Court regarding the activation of a National Safeguards Process, as well as the promulgation of the Comprehensive Security and Protection Program for Communities and Organizations in the Territories? Could the State clarify the number of murders of human rights defenders that occurred during the reporting period? How would the State party ensure that no harm was caused to people conducting peaceful protests and that the State complied with its obligations under the Covenant in this regard?
The Committee was aware of the disproportionate impacts of the internal armed conflict on the enjoyment of the rights of indigenous populations, who made up five per cent of the population, and Afro-descendants, who made up 20 per cent of the population. The Committee had received positive reports that in the first half of 2023, the issue of reparations to indigenous and Afro-descendant peoples had been placed at the centre of the political agenda. The National Development Plan of May 2023 empowered the Government to adopt a “Public Policy for the Eradication of Racism and Racial Discrimination” to combat prevalent structural inequalities. The adoption of that policy was to take place within a period of one year. What programme was in place to implement this policy?
Another Committee Expert said cases of arbitrary detention to recruit young people between the ages of 18 and 24 continued to occur in Colombia, despite the fact that the recruitment law prohibited it. What measures had been taken to prevent arbitrary detention? Could statistical data be provided on cases of arbitrary detention for military recruitment purposes? Could information be provided about the creation of the Social Peace Services, as an alternative to compulsory military service? Who was on the Interdisciplinary Commission for Conscientious Objection and how did it work?
Could information be provided, including statistical data, on the investigations carried out to identify those responsible for crimes against human rights defenders and social leaders? What measures had been taken to strengthen the capacity of the Special Investigation Unit, including increasing its staff, in order to combat the still high levels of impunity for the various forms of violence against human rights defenders? What measures had been taken by the State party to prevent illegal monitoring activities by State agents against journalists and human rights defenders?
Another Committee Expert asked how the State struck a balance between guaranteeing civil security and respecting citizens’ right to engage in protests and peaceful assembly.
Responses by the Delegation
The delegation cited a decree in development on protection of human rights defenders and a parallel policy that was focused on prevention of violence and intimidation. The delegation expressed hope that the decree would come into force in December. The Government was working to create more robust programmes at the national and regional levels, with participation of civil society and appropriate budget.
On human trafficking, a public policy, training courses, and a protection roadmap for victims were in place. Work was underway to address the issue of persons forcibly recruited and the trafficking of foreign nationals. The national development plan was consulted with and endorsed by communities of Afro-descendants and indigenous communities. 106 processes of prior consultation had been conducted. Resolution 1190/2018 from the Ministry of Interior protected the right to freedom of assembly. The Government had been coordinating with civil society to pass a statutory law on social protests.
29 persons had been killed in the protests that continued from 28 April into July 2021. The Special Unit’s investigation into events occurring during the protests considered victimisation and murders of human rights defenders. 92 human rights defenders had been murdered this year. The State had also identified 300 victims of child recruitment by the National Liberation Army.
The delegation said that the government had assigned a budget of 540,000 million pesos for a final budget of about 7 billion pesos for promoting the independence of the judiciary. The Government was dedicated to providing all guarantees for the Special Jurisdiction for Peace and had taken note of the recommendations of the Truth Commission on guaranteeing independence of the judiciary.
In response to the COVID-19 pandemic, in 2020, two states of emergency for economic and social purposes had been declared. A review of measures taken concerning the states of emergency had been conducted, with six per cent considered unacceptable. Health measures related to the state of emergency gave rise to social protests. The Constitutional Court had decided that many of these extraordinary measures could be prolonged through ordinary decrees. A number of measures led to the use of virtual trials. A 2023 case looked into the constitutionality of the measures. Judges now decided if hearings were to take place in-person or virtually depending on the case. Courts protected guarantees, sought truth and ensured defence rights were upheld in both in-person and virtual hearings.
The Special Jurisdiction for Peace had formed a cooperation agreement against impunity with the ordinary justice system. Under this, the Attorney General’s Office would not suspend investigations into violations of human rights and international humanitarian law until such time as the Special Jurisdiction for Peace had identified those who would be held accountable or initiated a transitional justice process. Mechanisms had been established to consider how to make the investigatory transitional processes more effective and flexible. Many cases were transferred to the ordinary justice system. The Special Jurisdiction for Peace aimed to restore justice and move towards reconciliation. Perpetrators charged by the Jurisdiction were not only punished but also forced to assume responsibility.
The Commissioner for Human Rights within the National Police had looked into situations that had affected human rights between 2021 and 2023, referring to recommendations from international bodies. 80,000, 129,000 and 21,000 protection orders were applied in 2021, 2022 and 2023, respectively. The Truth Commission had issued 10 recommendations for new measures related to civic security. A disciplinary law had been revised to control the use of non-lethal weapons, informed by the Committee’s General Comment 37. A directive had also been released that addressed protection of human rights defenders and social leaders. Reform of the police service and training for officers was underway.
The National Protection Unit was an entity tasked with assessing risk, producing protective measures and implementing them. It offered protection to high-ranking officials, individuals and communities at risk of violence because of their activism or political affiliation. This included human rights defenders, journalists and community leaders. The budget for the entity for 2023 was approximately 1.3 million pesos. 9,000 persons had benefited from protection. Challenges faced by the Unit included a shortage of vehicles and corruption. Sometimes, vehicles or other tools used for protection ended up in the wrong hands. A leader from a previous administration had been arrested. Measures had been taken to improve protection.
The Colombian State planned to adopt a public policy on business and human rights with a renewed focus on persons and their needs, in consultation with civil society and universities. The central Government was providing technical assistance to local authorities to promote strategies to prevent recruitment as well as sexual exploitation of minors, particularly by armed groups. In this regard, 10 community projects were established.
Colombia currently considered the views of the Committee as binding. However, for the past decade or so, within the State the Committee’s views had been considered non-binding. The Government would be adopting measures to correct the situation to ensure compliance with the views of the Committee. The Experts’ views and comments helped to strengthen the Colombian State.
A national policy and an intersectoral commission had been established to eradicate racism and racial discrimination. The Government was grateful for the Committee’s recommendations on the disproportionate use of measures of deprivation of liberty in pretrial detention. The State would strive to implement these appropriately.
Follow-Up Questions by Committee Experts
A Committee Expert asked if investigations were held after persons of the Clan del Golfo committed reprisals against prosecutors and judges who had refused to withdraw an arrest warrant? Had any kind of special police been deployed to combat this kind of criminality? Did Colombia have judicial police? When a person was transferred to a centre of protection, for how long did they remain in that centre?
Another Committee Expert asked about the progress of investigations into threats, sexual violence and other offences against human rights defenders.
One Committee Expert asked about measures to protect people from internal displacement and sequestration.
Responses by the Delegation
The delegation said the Ministry of Defence and the military were not currently conscribing young people for military service. The Government was creating economic incentives to encourage adult men and women to join the military service.
On July 6, the first phase of a bilateral ceasefire with the National Liberation Army was initiated. The Revolutionary Armed Forces had tripled its presence in municipalities of the country in the last four years. These negotiations would continue and hopefully bring about positive impacts on internal displacement, recruitment and sexual abuse.
The Attorney General’s Office did not have any security protocol in place in the rural territories where Clan del Golfo had a strong presence. A criminal investigation into the reprisals had been opened that considered the lack of protection provided by the police while members of the judiciary were on the road. The challenge for the next period was to concentrate on dismantling criminal organisations. Social investment had been increased to guarantee returns of victims and prevent displacement among the persons at highest risk.
Closing Statements
ELIZABETH TAYLOR JAY, Vice Minister for Multilateral Affairs of the Ministry of Foreign Affairs of Colombia, and head of the delegation, expressed thanks to the Committee for its unwavering commitment to human rights globally. The State party had shared an exhaustive analysis of the current situation in the State, describing progress made and areas where further efforts were needed. Significant strides forward had been made in the promotion of gender equality and the rights of lesbian, gay, bisexual, transgender and intersex persons. The State party had promoted equality. There were forces in the country that openly espoused racist ideas. The President would continue to address gaps in society and promote the rights of communities that had historically been discriminated against. Colombia espoused a culture of peace and was implementing policies to foster human rights. The State party had actively promoted the participation of civil society in the political process. A major overhaul of educational systems was needed to combat discrimination. The protection of human rights required joint action and international solidarity. Colombia was promoting development and international cooperation. The recommendations of the Committee would serve as a guide for implementing policies and programmes to protect human rights. The State party was deeply committed to ensuring the full protection and promotion of human rights for all people. Through constructive dialogue and political resolve, a just and inclusive society could be built.
TANIA MARÍA ABDO ROCHOL, Committee Chairperson, expressed appreciation for the delegation’s dynamism and for the participation of civil society organisations, which were working to meet the various challenges facing the country. The constructive dialogue had allowed the Committee to gain a better picture of the human rights situation in Colombia. Topics discussed in the dialogue included structural violence; the early warning system; torture and overcrowding in prisons; the use of pretrial detention; restitution of land; the situations of persons of African descent, persons with disabilities, women and children; domestic and sexual violence; homicides and the lack of convictions; and the rights to freedom of assembly, freedom of thought and freedom from discrimination.