Colombia: Rape of a young indigenous woman by soldiers

Case COL 160805.VAW

VIOLENCE AGAINST WOMEN
Rape of a young indigenous woman by soldiers / Threats / Fear for her security


The International Secretariat of OMCT requests your very urgent intervention in the following situation in Colombia.

Description of the situation:

The International Secretariat of OMCT is deeply concerned about the information received concerning the rape of a young indigenous student by members of the regular army in the rural area of the municipality of Puracé, Department of Cauca.

According to the information received from reliable sources, on August 9, 2005, between 4.30 pm and 5 pm, in the set of houses known as “El Alto”, in the urban area of Coconunco, Puracé, in a place located close to police facilities, Ms. Emérita Guauña, a 19-year-old indigenous student, was approached by two soldiers of the “José Hilario López” Battalion, which is responsible for patrolling the area in the framework of the security policy of the current government.

According to the information received, the two soldiers, in camouflage uniforms and whose faces were covered with balaclavas, stoned the girl, putting her in a total defenseless position. They threatened her both verbally and physically, using their physical strength as well as their weapons. Then, one of them raped her, in front of an indigenous child, while affirming that they were doing so because she “belonged to the guerrilla”.

According to the information received, Ms. Emérita Guauña was subsequently assisted by doctors from the area. On August 10, 2005, once having been informed about the event, several indigenous inhabitants of Resguardo, the community to which the young girl belongs to, along with the educational community “Colonia Escolar,” requested the military leaders not to transfer or change of place any of their soldiers, in order to identify those responsible for such a crime. They also urged them to publicly recognise their responsibilities, and the necessity of making amends for the damages. An officer from the unit deployed there accordingly stated that “the presumed rapists could not be members of [the army], since at that time, the military involved were doing farm work in a ranch”.

According to the information received, in the morning on August 11, 2005, members of the community met in the urban area of Coconuto a soldier named Vélez who accordingly admitted that a member of the army was responsible for Ms. Emérita Guauña’s rape, but he refused to give the name of the aggressor. He added that the latter had run away. He also said that “although the case was serious, such events were common”, and further asserted that as a consequence, “he could not apologise”. Furthermore, the soldier never referred to the accomplice to this serious human rights violation nor admitted his responsibilities.
The International Secretariat of OMCT condemns this serious human rights violation as well as the serious damages this rape has caused to Ms. Emérita Guauña, both as a woman and an indigenous, and to the indigenous community whose everyday life, as a result of the security policy, has got highly militarised. Furthermore, OMCT underlines that false statements of soldiers directly responsible for the rape of Ms. Emérita Guauña can not be justified, and express the persistent mentality of military forces that consider civil population as an enemy. Moreover, they show their lack of ethics concerning their relationship with such presumed military enemies. This is why, while Ms. Emérita Guauña was being raped, they told her that they did it because she “belonged to the guerrilla”.

OMCT also condemns the attitude of officers from the military units deployed in the Puracé region, since the “military forces solidarity” that they have shown covers up for institutional responsabilites and seems to even justify such an action. This behaviour turns abuse of women into an habit, which then seems to “explain” why it does “not deserve any apologize”, according to military forces.

OMCT expresses its concern for the security and physical and psychological integrity of the young indigenous Ms. Emérita Gauña, the members of her family, the child who witnessed her rape, as well as members of the indigenous community that live in the set of houses of “El Alto”, in Cococuno. OMCT urges the authorities to take the required measures to guarantee security as well as physical and psychological integrity to these people.

OMCT recalls that Colombia is a State partie to the Convention on the Elimination of All Forms of Discrimination against Women, which, in its article 2, states that “States parties condemn discrimination against women in all its forms, […] and, to this end, undertake: b) To adopt appropriate legislative and other measures, including sanctions where appropiate, prohibiting all discriminaton against women […]”.
Finally, OMCT fears that such serious human rights violations could remain unpunished and that their perpetrators could not receive any appropiate sanctions. Therefore, OMCT requests the government to order that an appropiate disciplinary investigation be carried out by both the Regional Prosecutor’s office and the General Prosecutor of the Nation, who should conduct a thorough and independent criminal investigation into the circumstances of these serious events, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law, taking into account that such a serious criminal action cannot, under no circumstances, be considered as a common act of the military service.

Action requested:

Please write to the authorities in Colombia urging them to:

i. Take immediately the necessary measures to guarantee the physical and psychological integrity of Ms. Emérita Guauña, all members of her family, the child who witnessed her rape, as well as members of the indigenous community who live in El Alto, in the urban area of Coconuco, Puracé municipality;

ii. Order a thorough, independent and impartial investigation into the circumstances of these serious events, in particular into the responsibility of active members of the Battalion “José Hilario López” of the national army, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;

iii. Guarantee that adequate reparation is provided to Ms. Emérita Guauña;

iv. Comply immediately with the recommendations given by international and regional human rights organisations, including the Office of High Commissioner for Human Rights and the Inter American Commission of Human Rights;

v. Guarantee the respect of human rights and fundamental freedoms throughout the country in accordance with international human rights standards, in particular the Convention on the Elimination of All Forms of Discrimination Against Women and the Convention Against Torture, both ratified by Colombia.

Addresses :

• Permanent mission of Colombia to the United Nations in Geneva, Chemin du Champ d’Anier 17-19, 1209 Geneva, Switzerland. Fax: +41.22.791.07.87; Phone: + 41.22.798.45.55; E-mail : mission.colombia@ties.itu.int
  
  
• Mr. Álvaro Uribe Vélez, President of the Republic, Cra.8 # 7-26, Palacio de Nariño, Santa Fé de Bogotá, Colombia. Fax: +57.1.566.20.71, Francisco Santos, Vice-president, E-mail: fsantos@presidencia.gov.co / buzon1@presidencia.gov.co
  
  
• Human Rights Programme of the Vice-Presidency, Email: ppdh@presidencia.gov.co
  
  
• Human Rights Observatory of the Vice-Presidency, Email: obserdh@presidencia.gov.co
  
  
• Doctor Volmar Antonio Pérez Ortiz, Ombudsman, Calle 55 # 10-32, Bogotá, Colombia. Fax: +57.1.640.04.91, E-mail: secretaria_privada@hotmail.com; agenda@agenda.gov.co
  
  
• Doctor Mario Hernán Iguarán Arana, General Prosecutor of the Nation, Diagonal 22-B # 52-01, Bogotá, Colombia. Fax: +57.1.570.20.00, E-mail: contacto@fiscalia.gov.co / denuncie@fiscalia.gov.co
  
  
• Doctor Edgardo José Maya Villazón, General Prosecutor of the Nation, Cra. 5 # 15-80, Bogotá, Colombia, Fax: +57.1.342.97.23; E-mail: webmaster@procuraduria.gov.co / cap@procuraduria.gov.co / reygon@procuraduria.gov.co / anticorrupcion@presidencia.gov.co
  
  
• Doctor Camilo Ospina Bernal, Minister of Defence, Avenida El Dorado con Crta 52 CAN, Bogotá, Colombia. Fax: +57.1.222.18.74; E-mail: siden@mindefensa.gov.co / infprotocol@mindefensa.gov.co / mdn@cable.net.co
  
  
• Doctor Carlos Franco, Manager of the Presidential Programme of Human Rights and International Humanitarian Law, E-mail: cefranco@presidencia.gov.co
  
  
• Doctor Fernando Ibarra, Adviser to the Presidential Programme of Human Rights and International Humanitarian Law, Tel: +57.1.336.03.11; Fax: +57.1.337.46.67; E-mail: fibarra@presidencia.gov.co
  

Please also write to the diplomatic representations of Colombia in your respective countries.

Geneva, 16 August 2005.

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.