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The International Office for Human Rights Action on Colombia

Armed Conflict

Alert on the fourth anniversary of the Colombian Peace Agreement. The humanitarian situation is deteriorating, and the peace process is not moving forwards.

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The 24 November marks four years since the Peace Agreement between the Colombian government and the Revolutionary Armed Forces of Colombia – People’s Army (The Agreement) was signed in the Teatro Colón in Bogotá. The Agreement seeks to bring an end to the armed conflict which lasted for 52 years and left more than 8 million victims and was the result of four years of negotiations between the parties. Its different chapters include measures to eliminate the structural causes of the armed conflict to prevent repetition, however, other illegal armed actors in Colombia such as the ELN and paramilitary groups are not included in the Agreement. Four years on since the beginning of the implementation of the Agreement, the lack of progress made so far is worrying.

According to the Instituto Kroc, 25% of the measures in the Peace Agreement have been fully implemented and 23% have not begun to be implemented. However, in 2019, just 2% had been implemented.[1] At the current rate of implementation, only half of the measures which were set to be implemented between 2020 and 2022 will have been completed in this timescale.[2] The chapter on Comprehensive Rural Reform, where the European Union’s support is focused, is the chapter showing the least progress: with just 4% of the measures fully implemented.

European support is also focused on the process of reincorporation into civilian life of former FARC-EP combatants. Since the signing of the Peace Agreement 241 former combatants have been killed.[3]

The Agreement’s cross-cutting gender and ethnicity measures continue to be implemented at a lower rate than overall levels. According to GPAZ, just 13 of the 122 measures in the Agreement have been actioned.[4] The current government has prioritised implementation in such a way that 71 of the 122 measures have been deprioritised.[5] The Peace Agreement has opened up new spaces for women’s participation in the implementation process however, at the same time the level of risk for women who participate in the process has increased, above all in rural areas. The LGBTI population are systematically excluded from policies for the implementation of the Agreement.[6]  Just 10 percent of the ethnic measures have been implemented. What is more, violence against ethnic communities has intensified[7]: 105 indigenous and Afro-descendant leaders have been killed in 2020 according to Indepaz.[8]

On numerous occasions, the Duque Government has obstructed or put a stop to the implementation of the Agreement by failing to provide the necessary resources in the National Development Plan, affecting measures related to Comprehensive Rural Reform, the Special Peace Jurisdiction and the Truth Commission.

This failure to implement the Peace Agreement quickly and fully is one of the factors contributing to increased situations of armed confrontation in Colombian regions. This is leading to forced displacement, massacres of the civilian population (74 in 2020)[9], confinement, threats and killings, disproportionately affecting the small-scale farming and ethnic minority populations. Moreover, the measures established in the Peace Agreement to improve the protection of human rights defenders are either not being implemented, or only partially and slowly, including the National Commission for Security Guarantees and the Public Prosecutor’s Special Unit of the Attorney General’s office.

Considering the above, Oidhaco calls upon the international community to:

  • Urge the Colombian government to continue making progress in implementing all areas of the Peace Agreement.
  • Continue showing political support for the Peace Agreement and its full implementation, and at the same time, emphasise that the main actor responsible for this implementation is the Colombian State.
  • Urge the Colombian government to resume the dialogue process with the National Liberation Army and to make progress in dismantling other armed groups in the different regions of Colombia.

Further information: Jorge Gómez, OIDHACO Coordinator, oidhaco@oidhaco.org, tel. +32 2 5361913

201124-Oidhaco_press-release-4-years-of-peace-process-ENDescarga

[1] Instituto Kroc de Estudios Internacionales de Paz, 2020. Progress in implementation up to November 2019

[2] La Silla Vacía. Las 12 alertas del cuarto informe del Instituto Kroc. 10 July 2020

[3] Contagioradio. Tres firmantes de paz asesinados en Chocó, Caquetá y Putumayo. 17 November 2020

[4] La Silla Vacía. Implementación del Acuerdo de Paz no toca todavía la vida de las mujeres. 18 November 2020

[4] CERAC; CINEP; GPAZ – ibid Silla Vacía.

[5] La Silla Vacía. Implementación del Acuerdo de Paz no toca todavía la vida de las mujeres. 18 November 2020

[6] CERAC; CINEP; GPAZ – ibid Silla Vacía.

[7] La Silla Vacía. Las 12 alertas del cuarto informe del Instituto Kroc. 10 July 2020

[8] Indepaz. Líderes sociales y defensores de derechos humanos asesinados en 2020. Figure, 15 November 2020

[9] Indepaz, Informe de masacres en Colombia durante el 2020 figure up to 14 November 2020 [last accessed on 19 November 2020]

OIDHACO regrets decision by some FARC-EP commanders to return to arms and calls for international support for those who defend peace

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On 29 August 2019, Iván Márquez, accompanied by other FARC-EP commanders, announced via video message their decision to return to arms. In light of this statement, OIDHACO reiterates the importance of continued support for those committed with peace.

On 29 August 2019, Iván Márquez, accompanied by other FARC-EP commanders, announced via video message their decision to return to arms. In light of this statement, OIDHACO reiterates the importance of continued support for those committed with peace.

High risk of killings, forced displacement and confinement of land claimants in the Bajo Atrato area of Colombia

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Oidhaco expresses its deep concern about the presence of clashes between armed actors in the Jiguamiandó and Curbaradó river basins (Urabá region, north-west of Colombia).

The International office for Human Rights – Action Colombia (Oficina Internacional de Derechos Humanos – Acción Colombia – Oidhaco) expresses its deep concern about the presence of clashes between armed actors in the Jiguamiandó and Curbaradó river basins (Urabá region, north-west of Colombia) threatening and attacking the physical and emotional integrity of the Afro-Colombian, mixed ethnicity and indigenous communities in the region.

Military Criminal jurisdiction: Impunity and green light for the state security forces to continue to commit crimes

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Concerns for EU reaction following reform of the military justice system which protects the State security forces from justice and leaves victims unprotected.

Brussels, June 27, 2013. On June 17, the Colombian Congress adopted the statutory law regulating military criminal jurisdiction. This statutory Law increases the concerns already raised about the constitutional reform of military criminal jurisdiction. At the same time as the Congress was passing this law, a session of the EU human rights dialogue with Colombia was also taking place. However, instead of expressing concern, the EU offered its cooperation in implementing this reform. This offer of support was repeated when Defence Minister Juan Carlos Pinzon, a fierce advocate of this reform, visited Brussels this week. The EU’s attitude is extremely worrying given the gravity of this reform, which goes against international human rights standards and has been heavily criticized, among others, by the UN.

Regulation of the military criminal jurisdiction reform – Document of analysis

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The bill, which is about to be adopted, deepens and extends aspects for concern contained in the constitutional reform. It reverses the logic of IHL, converting it into a permissive instrument and protecting the state security forces from justice.

Analysis by Oidhaco in which we present the main points of concern over the bill regulating the military criminal reform which claims to “clarify” the provisions of international humanitarian law (IHL).

Threats against the independence of justice and consolidation of impunity in Colombia

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Documents of analysis of recent reforms which are of concern – Military jurisdiction, Legal framework for Peace, reforms of the justice system and to the ‘Justice and Peace Law’, the Law on intelligence and counterintelligence.

In December 2012 the Colombian Congress adopted the constitutional reform to military criminal jurisdiction, driven by the government of President Santos.

Women in Colombia – Factsheet

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This document presents key data and figures can be found on the situation of women in Colombia as well as specific legislation and mechanisms protecting them. Recommendations are made to the international community.

In Colombia, as in other countries, women suffer violence and discrimination in all aspects of their lives. In 2011, 70,134 cases of domestic violence against women were reported, as well as 18,982 cases of sexual violence – an increase of 11% when compared with 2010, and 130 cases of femicide. While progress has been made in the formal recognition of these crimes, the lack of implementation of norms and generalised impunity leads to worsening violence.

‘Legal Framework for Peace’ – Amnesty for Human Rights violations committed by the different actors in the armed conflict

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Short document presenting the constitutional reform on transitional justice.

The constitutional reform known as the ‘Legal Framework for Peace’ on transitional justice, adopted on June 19, 2012, includes the possibility of amnesty for human rights violations committed by the actors in the armed conflict (guerrillas, paramilitaries and state security forces), even in cases of crimes against humanity. “The central aspect of the present proposal focuses on the need for alternatives to criminal investigation, in order to make it feasible to prioritize the investigation of certain cases or to make it possible to forgo the criminal prosecution of others” (CCJ). This waiver of investigation and prosecution is in contradiction with international law.

Newsletter 4

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European Policy on Colombia The 23 May 2008, in Paris and simultaneously to its general assembly, OIDHACO presented to the press its recommendations on Colombia for the Slovenian and French Presidencies of the European Union (EU).

The 23 May 2008, in Paris and simultaneously to its general assembly, OIDHACO presented to the press its recommendations on Colombia for the Slovenian and French Presidencies of the European Union (EU). The document, which is supported by 60 European organisations, had been previously submitted to the Slovenian and French governments (respectively the 7 and 22 May 2008).

Recommendations letter to the EU on Colombia

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In 2010, Oidhaco sent a series of recommendations to the Spanish and Belgian Presidencies of the European Union, supported by some 90 European and international human rights organisations, development agencies, solidarity groups and church organisations. On 18th and 19th May 2011, the International Office on Human Rights Action on Colombia (Oidhaco) held its General Assembly, composed of 32 European and international organisations, and Colombian human rights coordination groups. We believe that the recommendations we made in 2010 (please find attached) are unfortunately still all too relevant this year, and so we attach them once again for your consideration

In August 2010 the new government in Colombia expressed a public commitment to the promotion and defence of human rights as a “profound democratic, ethical and human conviction”; promised to address the structural causes of poverty; and showed openness to the possibility of dialogue as a path to peace within Colombia. Civil society organisations in Europe and Colombia alike have been asking for these statements to be quickly translated into substantial, concrete and effective policies that will make a real difference in the lives of victims of human rights violations and their defenders. However, to date, some 8 months into the administration, we find that massive human rights violations persist, that Colombia still remains an extremely dangerous place in which to defend human rights, and that there has been no real improvement in the lives of poor and marginalised communities.

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Oficina Internacional de los Derechos Humanos Acción Colombia

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