Colombia
12.11.01
Statements
Colombia : Intervention by OMCT before the ESCR Committee during its 27th session
Intervention by the World Organisation Against Torture (OMCT) before the Committee on Economic, Social and Cultural Rights during its 27th Session on the Implementation of the International Covenant on Economic, Social and Cultural Rights by Colombia
CHECK AGAINST DELIVERY
Ms. Chaiprerson,
The overall human rights situation in Colombia shows a serious deterioration. Violence has become the common lot of the Colombian population, and not a single day passes without reports of massacres, killings, executions, torture, disappearances, kidnapping and other forms of violence. The majority of the victims are civilians, and in particular the rural population. Human rights defenders, trade unionists, social activists, peasant farmers and indigenous people have to face increased repression and violence. To the knowledge of OMCT, paramilitary groups that operate with the active or tacit support of, or in collaboration with the Colombian army have perpetrated most of the violence.
Similarly, the socio-economic situation does not bring any significant positive note. While macroeconomic indicators show some positive improvement, the benefits arising from the economic reforms and restructuring have not trickled down to the whole population. Economic and social imbalances and unequal access to resources such as land along regional, gender and ethnic lines remain prevalent. The social safety nets, mentioned by the Plan Colombia and the Extended Power Agreement with the IMF have not prevented a whole sector of the population from experiencing harsh socio-economic conditions. In this respect, OMCT would urge Colombia to consider the allocation of more funds to its system of safety nets following a thorough review of the existing system, in order to identify factors limiting or impairing their efficiency in guaranteeing essential basic needs for the most vulnerable groups of the population.
The implementation of the Plan Colombia is to take place is such context. Throughout the report, emphasis has been put on the serious risks involved by its application, in particular on a possible escalation of the conflict. Moreover, the fumigation and displacement of populations recommended by the plan and that are being currently implemented, have serious socio-economic consequences for the affected population, their living standards and ability to provide for themselves. Overall, OMCT believes that the Plan Colombia, as it is currently formulated and applied, is incompatible with the human rights obligations of the State Party under the ICESCR and other human rights instruments. While the human rights implications of the Plan and its implementation are unavoidable, the fourth periodic report presented by Colombia to your Committee remains silent on this issue. In this regard, OMCT would ask the State party to submit additional information to your Committee and before the submission of its fifth periodic report on the Plan Colombia, its human rights impact and the concrete steps taken, including reforms and amendments, in order to guarantee its compatibility with the whole human rights framework. For the other recommendations of OMCT on the Plan, I invite you to refer to our Report.
The Agrarian question remains an acute problem in Colombia. Indeed, the high concentration of land, along with a lack of proper measures undertaken by the government, represents one of the root causes, together with socio-economic disparities, of the conflict. Overall, the high concentration of land has been brought about to the detriment of indigenous communities and peasant farmers, through illegal means including forced evictions, threats, and recourse to violence and repression. The collusion between landowners, paramilitary groups and the authorities, including police forces and the military, often prevented the affected persons from receiving protection and redress. In such cases, they are often forced to leave, swelling the ranks of internally displaced persons. So far, the agrarian reform has not been able to address the problem of land concentration, lack of access to land and evictions.
Finally, evictions from land also take place as part of the implementation of development schemes, which often favour large mining, oil or hydroelectric projects, as highlighted by the situation of the Embera Katio people. Oppositions or claims surrounding land issues are often met with violence and repression. In this regard, OMCT would urge the Colombian Government to take effective action to address imbalances in the distribution of income and land, through, inter alia, the adoption of a redistributive agenda. In addition, evictions of peasant farmers and indigenous communities should be immediately addressed through, inter alia, the punishment of those responsible, protection of the affected communities, restitution and compensation.
The problem of internally displaced persons remains a serious problem in Colombia. After displacement, internally displaced persons end up living in shantytowns in large cities in precarious conditions. Despite the enactment of the Law 387 of 1997 on principles regulating internal displacement, the Colombian authorities have failed to implement effective policies to address and remedy the socio-economic problems of the internally displaced. In this regard, OMCT would urge Colombia to take effective and immediate measures to implement its Law No. 387 and guarantee the security of the internally displaced.
Repression and violence against trade unionists and social activists is on the increase and has attained unprecedented levels of violence. Overall, the Colombian context shows today a worrying repression of any type of social protest or attempt aimed at improving socio-economic conditions. To the knowledge of OMCT, paramilitary groups are responsible for most of the violence, while the Colombian government has failed to take appropriate measures to guarantee the security of trade unionists and punish those responsible for the attacks and threats. This occurs in the context of increased insecurity, instability and precariousness of the labour market, rising unemployment, as well as growing representation of the labour force within the informal sector. Massive lay-offs have also accompanied the privatisation and liquidation of State enterprises. In this respect, OMCT would urge Colombia to take adequate and immediate measures, as required by the situation, in order to put an end to the violence perpetrated against trade unionists and social activists. This will require, inter alia, increased funding to the Programme for the Protection of Social Leaders. For specific recommendations on labour market, I invite you to look at our report.
Given this context, the guarantee that remedies and compensation can be sought in cases of violations of economic, social and cultural rights takes all its relevance and importance. Despite the full integration of economic, social and cultural rights in the 1991 Constitution, subsequent legislation, and the existing procedural mechanisms, many violations indeed not addressed. In this regard, OMCT deplores that Colombia failed to “provide a detailed account of the role played by the tutela mechanism (…) for the protection of economic, social and cultural rights” in its fourth periodic report, as was required by your Committee. In this regard, OMCT would urge the State party to provide such information in its next periodic report.
Finally, the dismantling of paramilitary groups, and of their close connections and collaboration with the Colombian army remains an essential element and condition for the enjoyment of all human rights in Colombia and the establishment of a long and lasting peace.
I thank you very much Ms. Chairperson
CHECK AGAINST DELIVERY
Ms. Chaiprerson,
The overall human rights situation in Colombia shows a serious deterioration. Violence has become the common lot of the Colombian population, and not a single day passes without reports of massacres, killings, executions, torture, disappearances, kidnapping and other forms of violence. The majority of the victims are civilians, and in particular the rural population. Human rights defenders, trade unionists, social activists, peasant farmers and indigenous people have to face increased repression and violence. To the knowledge of OMCT, paramilitary groups that operate with the active or tacit support of, or in collaboration with the Colombian army have perpetrated most of the violence.
Similarly, the socio-economic situation does not bring any significant positive note. While macroeconomic indicators show some positive improvement, the benefits arising from the economic reforms and restructuring have not trickled down to the whole population. Economic and social imbalances and unequal access to resources such as land along regional, gender and ethnic lines remain prevalent. The social safety nets, mentioned by the Plan Colombia and the Extended Power Agreement with the IMF have not prevented a whole sector of the population from experiencing harsh socio-economic conditions. In this respect, OMCT would urge Colombia to consider the allocation of more funds to its system of safety nets following a thorough review of the existing system, in order to identify factors limiting or impairing their efficiency in guaranteeing essential basic needs for the most vulnerable groups of the population.
The implementation of the Plan Colombia is to take place is such context. Throughout the report, emphasis has been put on the serious risks involved by its application, in particular on a possible escalation of the conflict. Moreover, the fumigation and displacement of populations recommended by the plan and that are being currently implemented, have serious socio-economic consequences for the affected population, their living standards and ability to provide for themselves. Overall, OMCT believes that the Plan Colombia, as it is currently formulated and applied, is incompatible with the human rights obligations of the State Party under the ICESCR and other human rights instruments. While the human rights implications of the Plan and its implementation are unavoidable, the fourth periodic report presented by Colombia to your Committee remains silent on this issue. In this regard, OMCT would ask the State party to submit additional information to your Committee and before the submission of its fifth periodic report on the Plan Colombia, its human rights impact and the concrete steps taken, including reforms and amendments, in order to guarantee its compatibility with the whole human rights framework. For the other recommendations of OMCT on the Plan, I invite you to refer to our Report.
The Agrarian question remains an acute problem in Colombia. Indeed, the high concentration of land, along with a lack of proper measures undertaken by the government, represents one of the root causes, together with socio-economic disparities, of the conflict. Overall, the high concentration of land has been brought about to the detriment of indigenous communities and peasant farmers, through illegal means including forced evictions, threats, and recourse to violence and repression. The collusion between landowners, paramilitary groups and the authorities, including police forces and the military, often prevented the affected persons from receiving protection and redress. In such cases, they are often forced to leave, swelling the ranks of internally displaced persons. So far, the agrarian reform has not been able to address the problem of land concentration, lack of access to land and evictions.
Finally, evictions from land also take place as part of the implementation of development schemes, which often favour large mining, oil or hydroelectric projects, as highlighted by the situation of the Embera Katio people. Oppositions or claims surrounding land issues are often met with violence and repression. In this regard, OMCT would urge the Colombian Government to take effective action to address imbalances in the distribution of income and land, through, inter alia, the adoption of a redistributive agenda. In addition, evictions of peasant farmers and indigenous communities should be immediately addressed through, inter alia, the punishment of those responsible, protection of the affected communities, restitution and compensation.
The problem of internally displaced persons remains a serious problem in Colombia. After displacement, internally displaced persons end up living in shantytowns in large cities in precarious conditions. Despite the enactment of the Law 387 of 1997 on principles regulating internal displacement, the Colombian authorities have failed to implement effective policies to address and remedy the socio-economic problems of the internally displaced. In this regard, OMCT would urge Colombia to take effective and immediate measures to implement its Law No. 387 and guarantee the security of the internally displaced.
Repression and violence against trade unionists and social activists is on the increase and has attained unprecedented levels of violence. Overall, the Colombian context shows today a worrying repression of any type of social protest or attempt aimed at improving socio-economic conditions. To the knowledge of OMCT, paramilitary groups are responsible for most of the violence, while the Colombian government has failed to take appropriate measures to guarantee the security of trade unionists and punish those responsible for the attacks and threats. This occurs in the context of increased insecurity, instability and precariousness of the labour market, rising unemployment, as well as growing representation of the labour force within the informal sector. Massive lay-offs have also accompanied the privatisation and liquidation of State enterprises. In this respect, OMCT would urge Colombia to take adequate and immediate measures, as required by the situation, in order to put an end to the violence perpetrated against trade unionists and social activists. This will require, inter alia, increased funding to the Programme for the Protection of Social Leaders. For specific recommendations on labour market, I invite you to look at our report.
Given this context, the guarantee that remedies and compensation can be sought in cases of violations of economic, social and cultural rights takes all its relevance and importance. Despite the full integration of economic, social and cultural rights in the 1991 Constitution, subsequent legislation, and the existing procedural mechanisms, many violations indeed not addressed. In this regard, OMCT deplores that Colombia failed to “provide a detailed account of the role played by the tutela mechanism (…) for the protection of economic, social and cultural rights” in its fourth periodic report, as was required by your Committee. In this regard, OMCT would urge the State party to provide such information in its next periodic report.
Finally, the dismantling of paramilitary groups, and of their close connections and collaboration with the Colombian army remains an essential element and condition for the enjoyment of all human rights in Colombia and the establishment of a long and lasting peace.
I thank you very much Ms. Chairperson