Republic of Colombia

1. Human Rights in Colombia Experiences, Advancements, and Challenges Republic of Colombia

2. It is a review procedure for all countries. It is periodic It promotes the participation of civil society in its preparation and evaluation It is broad and exhaustive It is a cooperative and interactive mechanism It is a procedure under development, open to improvement What is the UPR?

3. In preparation for the UPR, Colombia set up an inter-institutional committee mandated to consult with state institutions, as well as with civil society, to prepare the preliminary draft of the report, and to provide the input required for the interactive dialogue before the Working Group. Consultation was carried out through: Meetings and workshops with state institutions, including the Judiciary Consultations with the Organs of Control (Procurator General, Controller General, Ombudsman) Invitations were extended to civil society organizations Interviews with the Representative of the Office of the United Nations High Commissioner Electronic consultation through the Presidential Program for Human Rights website. Specific email account open to receive comments and suggestions from all interested Colombia: Voluntary Review Preparation and Results

4. The State engaged in a process of self-reflection. Government policies and actions, as well as difficulties and challenges were recognized and made explicit before the public opinion and the international community. A highly valuable process of inter-institutional coordination was fostered. More than a “Government Exam” it was a “State Review,” in which the Organs of Control and the Judiciary participated actively. Participation was promoted at the National and Local levels. A sector approach was undertaken throughout the consultation process. “The UPR recommendations and commitments have become a roadmap to guide further actions and efforts in the field of Human Rights” The Benefits of the Exercise

5. Colombia presented its written report on September 1, 2008. In attending Colombia’s voluntary submission, the country’s review was slotted for the third session of the Human Rights Council Working Group on December 10, 2008 43 country delegations actively participated through questions, comments and recommendations The Human Rights Council approved Colombia’s Outcome Document on March 20, 2009 The State made 69 voluntary commitments The State received 75 recommendations, did not accept 8, and deferred 2 By March 2009, the Government had delivered direct responses to all States that intervened during the Working Group discussions, related to their specific concerns. Last December, on a one by one basis, the Colombian Government provided further information related to new developments in accordance to the concerns raised by participating States. The Results of the Exercise

6. Colombia has established a follow-up mechanism led by a PERMANENT WORKING GROUP including delegates from the Presidential Human Rights Program, the Ministry of Foreign Affairs and the Ministry of the Interior and of Justice. The voluntary commitments and recommendations accepted have been organized in a matrix divided in six chapters: International Cooperation National Action Plan for Human Rights and IHL Civil and Political Rights Justice and the Fight against Impunity Economic, Social, and Cultural Rights Vulnerable Population Groups Updated reports on this matrix are available at: www.derechoshumanos.gov.co Implementation and Follow-up

7. 365 days of advancements and challenges

8. Fight against violence • Addressing protection Homicide Source: Ministry of Defense

9. Fight against violence • Addressing protection Kidnapping Source: Ministry of Defense

10. Fight against violence • Addressing protection Victims of Massacres Source: Ministry of Defense

11. Fight against violence • Addressing protection Terrorist Acts

12. Fight against violence • Addressing protection Displacement

13. Fight against violence • Addressing protection • Fight against criminal gangs • These groups are “armed factions, closely connected to illegal economies […], barren of any political motivation, and without counterinsurgent connotations.” (MAPP/OAS) • The Office of the High Commissioner for Human Rights in Colombia in its 2008 Report stated that said groups “are far from being structured as military-type organizations and do not appear to exclusively exercise territorial control. In addition, in many places, they are not able to act in a coordinated, sustained, and concerted manner.” (paragraph 44). Source: Ministry of Defense

14. Fight against violence • Addressing protection Demobilization Policy Source: High Council for Reintegration, National Ministry of Defense *Data as to September 2009 ** Data as to November 2009

15. Visit by the Special Rapporteur on Extra Judicial, Summary, or Arbitrary Executions, Philip Alston (June 8 - 18, 2009) Advancements in the implementation of the 15 measures adopted (November 2008) by the Armed Forces General Command (Permanent Directive No. 208): The Modelo Único Pedagógico, a single model referring to education on Human Rights and IHL was strengthened The first Joint Manual for Operational Law was prepared (December, 2009) Stricter controls have been developed for the reward system and confidential expenses, now directly by the office of the Controller General Staff has been increased in terms of Operational Legal Advisors Rules of Engagement were issued for the Armed Forces (May 2009) • Fight against violence • Addressing protection Extra Judicial Executions

16. Fight against violence • Addressing protection Extra Judicial Executions • Accountability: Seven live TV sessions have taken place with the participation of the President in order to receive public denunciations on Human Rights abuses presumably related to Extra Judicial Executions. Complaints by individual citizens, through the HR offices in military and police units, as well as through toll-free telephone numbers, are attended in each session. Effective Captures and Prosecutions. Close to 130 members of the armed forces and police have been convicted. More than 300 are currently in Court, and at least another 800 have been indicted.

17. “Reviewing and updating our database on Human Rights and Political Violence we find a significant decrease in number of cases and victims during the first semester of 2009 in comparison with 2008, going from 106 cases and 197 victims to 2 cases and 4 victims. (…) The Decrease in ‘False Positives’ is explained by the following factors: (…) The 15 measures formulated and adopted in November 2008 by the National Ministry of Defense after the acknowledgement of civilian executions by members of the armed forces and the involvement of social and political sectors in this matter, in addition to the visibility of the issue in the media.” Source: Center for Popular Research and Education, “Informe Especial: Primer Semestre of 2009: De los ‘Falsos Positivos’ a la Intolerancia Social y las Amenazas Colectivas” (Special Report: First Semester 2009: From ‘False Positives’ to Social Intolerance and Collective Threats) Pg. 5 and 13, at: http://www.cinep.org.co/node/758 • Fight against violence • Addressing protection Extra Judicial Executions

18. The Convention on Enforced Disappearance was presented before Congress during 2009 and is currently undergoing the ratification process. Public Policy to Search for Disappeared Persons. On June 1, 2009, CONPES document 3590 “Consolidation of Mechanisms to Search for and Identify Disappeared Persons in Colombia” was approved. • Fight against violence • Addressing protection Enforced Disappearance

19. 2. Fight against Impunity and Access to the Justice System Justice and Peace Law Significant budgetary efforts have been made to strengthen the Office of the Prosecutor General and progress has been achieved in application of the Justice and Peace Law. There remain major challenges to be overcome in what relates to effective convictions, as well as in the area of reparations to victims.

20. 2. Fight against Impunity and Access to the Justice System Justice and Peace Law Source: General Attorney´s Office and the Presidential Agency for Social Action and International Cooperation

21. Restitution of Land. Four Regional Commissions for the Restitution of Assets have been installed. Historical Memory. The Comission for National Reparation and Reconciliation presented its Report on the El Salado Massacre: “That War was Not Ours.” Approval of the Victims’ Law will be a challenge. During 2009, Congress discussed the bill “To decree measures for protection of the victims of violence,” which would establish additional provisions for victims’ reparation. Despite efforts to reach an agreement between the Government’s and various parties in Congress, a majority could not be reached, and the bill was not passed. Main controversial points of the Victims’ Law: Reparation to victims of state agents after the crime has been proven through a judicial process Financial viability 2. Fight against Impunity and Access to the Justice System Justice and Peace Law

22. Rights of Indigenous Peoples. Unilateral recognition of the spirit and principle of the United Nations Declaration on the Rights of Indigenous Peoples expressed at the Durban Review Conference Visit by the Special Reporters. By invitation of the Government, James Anaya visited Colombia from July 22 - 27, 2009. Reactivation of Indigenous Consultation Mechanisms. The Government has given priority to strengthening areas for dialogue with indigenous communities: The permanent round table for consensus The Amazon table The National Human Rights Committee The Government has given the highest priority to the cases of homicides and massacres of indigenous people that took place in 2009 and believes this phenomenon presents one of the greatest challenges in the area of human rights. 97 cases were reported. On August 26, 2009 on the Gran Rosario reservation, twelve (12) members of the Awá people were killed, including five minors. The authorities have captured four of the perpetrators of this massacre. 3 Fight against Discrimination and Protection for Vulnerable Groups Indigenous Communities

23. The international year on Afro-descendants. By initiative of the Colombian Government, the United Nations General Assembly approved a Resolution proclaiming 2011 as the international year of Afro-descendants. Inter-sectorial Commission for the Advancement of Afro-Colombians. The Commission delivered its recommendations to the National Government in May, 2009. They will be reflected in the design of public policies and in the presentation of a bill to further access to all levels of public administration and higher education. Afro-Colombian Leadership Training Program. A joint program has been established between the National Ministry of Education, the Fulbright Foundation, and USAID to offer scholarships for post-graduate studies to Afro-descendant Colombians. Its current resources total US $4.5 million. Special Procedures. In August 2009, Colombia reported before the Committee for the Elimination of all Forms of Racial Discrimination Recommendations provided by the Committee were welcomed by the Government and will be useful in the strengthening of national policies. UN Independent Expert on Minority Issues, Gay Mac Dougall , visited Colombia in January, 2010 and carried out an extensive, two week working schedule. 3. Fight against Discrimination and Protection for Vulnerable Groups Afro descendant Population

24. Initiatives at the Multilateral Level. Colombia, together with New Zealand, promoted the adoption of Resolution 11/8 on “Preventable Maternal Mortality and Morbidity and Human Rights” in the 11th Session of the Human Rights Council. In the 12th Session of the Human Rights Council, Colombia and Mexico promoted the adoption of Resolution 12/17 for the “Elimination of Discrimination against Women.” The Resolution on Economic Empowerment of Women promoted by Colombia before the Third Committee was also adopted by consensus in March, 2010. Raising awareness on violence against women. On December 4, 2008, Congress approved Law 1257 for raising awareness, preventing, and penalizing forms of violence and discrimination. Permanent Circular from the Ministry of Defense. In May 2009, the Ministry of Defense issued Permanent Circular No. 630134, “Command Policies for Observance of and Respect for Women’s Human Rights.” 3 Fight against Discrimination and Protection for Vulnerable Groups Women’s rights

25. Registration. Better training has improved the registration process by Government institutions prioritizing those municipalities where the highest levels of displacement have been reported. Resolution 04425 of July 3, 2009 regulates information exchange between the institutions that are a part of the National System for Integrated Attention to Displaced Persons. Reduction of extreme poverty for displaced persons. Though the Policy for Integrated Attention to Displaced Persons, actions have been put into place to increase the productive potential of people in a situation of extreme poverty and displacement. (CONPES Document No. 3616) Taking internally displaced persons home. From 2002 to 2009, accompaniment has been provided for return of 37,086 families, according to plans agreed upon with affected communities. The objective in 2010 is to continue advancing in the return of families to 28 municipalities where security conditions have been fully restored. Differentiated Approach. Specific actions are undertaken in accordance to the Rulings of the Constitutional Court (Women and Children, 2008; Indigenous people and Afro-Colombians: 004 and 005 of 2009; Disabled persons: 006 of 2009). 3 Fight against Discrimination and Protection for Vulnerable Groups Internally Displaced Persons

26. Children in armed conflicts. In December, 2008, Colombia voluntarily accepted the implementation of the Monitoring and Reporting Mechanism contained in UN Security Council Resolution 1612 (2005) . Some highlights from the first report (October, 2009) issued by the Secretary General in application of the Mechanism are: The recognition of the National Government’s efforts to prevent violations of children’s rights. The government’s advances in recognition of the problem, in the definition of policies and strategies to prevent the phenomenon, and in the mobilization of society to reject violence against children. 3 Fight against Discrimination and Protection for Vulnerable Groups Children

27. Free education. As of October 2009, resources transferred to schools to subsidize educational costs for vulnerable groups have provided benefits for 5,230,446 children (the goal established for 2009 was 4,670,000 beneficiaries). In September 2009, an expansion in the policy of providing free primary education in the city of Bogotá was approved. In the year 2010, 737,000 students will attend primary school for free. Families in Action. The program’s goal is to provide coverage for 3,000,000 families by the end of the year 2010. As of October 2009, 2,601,148 families had benefited. Child Nutrition. As of October 2009, the School Breakfast Program has benefitted 1,311,333 minors. Immunization. The national government incorporated vaccinations against diseases such as Rotavirus and Pneumonia into the Ministry of Social Protection’s Vaccination Program. Immunization coverage went from 7 vaccinations to prevent 11 diseases to 9 vaccinations to prevent 14 diseases. Harsher sentences. In July 2009, the President sanctioned a Law based on popular initiative to permit life imprisonment for those who commit homicide, sexual exploitation, personal injury, or kidnapping against minors. The bill is currently under study by the Constitutional Court. 3 Fight against Discrimination and Protection for Vulnerable Groups Children

28. 3 Fight against Discrimination and Protection for Vulnerable Groups Human Rights Defenders • International Commitments. The Special Rapporteur on the situation of Human Rights Defenders visited Colombia from September 7 to 18, 2009. • Recognition of defenders’ work. On September 17, 2009, the President declared that the defense of Human Rights is a “necessary and legitimate action in a democracy.” This was in addition to previous declarations made by the Vice President of the Minister of the Interior and of Justice.

29. 3 Fight against Discrimination and Protection for Vulnerable Groups Human Rights Defenders • Promotion of dialogue. On April 30, 2009, the national government created, in agreement with civil society, a “National Table for Guarantees for the Exercise of the Defense of Human Rights.” This scenario is aimed to generating confidence building measures, and moving ahead on commitments made. It was agreed that 14 regional tables would be set up. Of these, 11 regional round tables have been established. • Guarantees for defenders. On April 30, the Minister of the Interior and of Justice publicly rejected all threats, attacks, and information thefts denounced by civil society. He exhorted the security institutions to protect defenders and the Prosecutor General to undertake prompt investigations and effective results on these matters.

30. 3 Fight against Discrimination and Protection for Vulnerable Groups Human Rights Defenders - Challenges • Measures regarding accusations of alleged illegal activities against Human Rights Defenders: • Investigations • DAS requested an elite investigative group from the Judiciary and Organs of Control to take up the Investigations. • DAS facilitated 104 records presumed to contain illegally obtained information on phone taps. • Elite investigation group at the Office of the Prosecutor General • 16 investigations are being undertaken by the Procurator General on current and former staff members. The Prosecutor is investigating 31 staff members. 8 are in prison. • Accountability. Meetings have taken place between the DAS and Congress, the High Courts, international communitiy, and civil society.

31. 3 Fight against Discrimination and Protection for Vulnerable Groups Human Rights Defenders - Challenges • Intelligence Law. Approved by Congress on March 5, 2009, this law prohibits the gathering, processing, or dissemination of intelligence information based on gender, race, national or family origin, language, religion, political or philosophical opinions, or belonging to a union, social, HR organization or a political party. • Decree 3600. Issued in September, 2009,includes a provision to permit accompaniment by the international community (including the UNHCHR) for purging files. • Closing the DAS.A bill was presented before Congress in order to allow the Government to close down the DAS and create a new civilian intelligence agency. Discussion of this bill is expected to take place in the legislation that became installed last March 16th.

32. 3 Fight against Discrimination and Protection for Vulnerable Groups Trade Union Leaders and Workers • Commitment to ILO. Colombia has an above-average record for the ratification of ILO conventions and very few differences of legislation remain between the internal law and conventional provisions. 60 conventions have been ratified, among which are those regarding fundamental rights. • Accountability. In June 2009, Colombia presented itself before the ILO Standards Commission. • Harsher sentences. Law 1309 of 2009 increased the penalty for homicide of union leaders and workers and made prescription equal to those established for crimes such as genocide, forced disappearances, torture, and forced displacement.

33. 3 Fight against Discrimination and Protection for Vulnerable Groups Trade Union Leaders and Workers • Follow up of the conclusions of the Standards Commission. The Government invited the International Labor Standards Director to visit the country in October, 2009. Her visit provided for a fruitful exchange and increasing commitments on • Further strengthening the fight against impunity • Sustainability of the Protection Program • Strengthening social dialogue scenarios – Confidence Building • Seek consensus on criteria to gather information on violence against trade the union movement

34. 3 Fight against Discrimination and Protection for Vulnerable Groups Trade Union Leaders and Workers • For the second consecutive year, in 2010 Colombia was acknowledged as a Case in Progress in the report by the ILO Commission of Experts on the Application of Conventions and Recommendations for Conventions 87, 98, and 151. • The ILO Commission found that violence against trade unionists has declined in Colombia, and described new legislative provisions designed at harshening penalties for perpetrators as "satisfactory”. • The report highlights the adoption of regulations contained in Law 1210 by which the Ministry of Social Protection is no longer the competent authority to determine the legality of a strike. The new Lay determines this decision lies under the regular labor justice system. • Efforts by the national government to compensate the victims of violence through Decree 1290, on individual redress through official channels were also recognized by the Commission..

35. 3 Fight against Discrimination and Protection for Vulnerable Groups Trade Union Leaders and Workers • Academic debate and research. • An independent study carried out by Proffessor Daniel Mejía at the Universidad de los Andes (“Is Violence Against Union Members in Colombia Systematic and Targeted?”) provides substantial evidence that violence against union leaders and members has steadily declined over the last seven years. • In coordination with UNDP, eight countries, through their embassies presence in Colombia (Canada, Spain, the United States, France, Norway, UK, the Netherlands and Sweden) have financed reaserch by five civil society organizations and independent think tanks with an aim to improve knowledge on violence against trade union leaders and members in Colombia. This initiative also aims to contribute to enhance dialogue between actors and offer recommendations on how to tackle challenges. The Government has agreed to the initiative from the very beginning, has actively participated in discussions and awaits its outcome .

36. 3 Fight against Discrimination and Protection for Vulnerable Groups Trade Union Leaders and Workers Union Affiliation 2002- 2009 76 % Source: Escuela Nacional Sindical, 2009

37. 3 Fight against Discrimination and Protection for Vulnerable Groups Trade Union Leaders and Workers Unions created 2002- 2009 80 % Source: Archivo Sindical, 2009

38. 3 Fight against Discrimination and Protection for Vulnerable Groups Trade Union Leaders and Workers Fight against Impunity Investigations 2002- 2009* Source: Ministry of Social Protection, * September 2009

39. 3 Fight against Discrimination and Protection for Vulnerable Groups Homicides of unionleaders2002- 2009 Source: Ministry of Social Protection

40. 4. Transparency, Cooperation, and Observance of International Commitments • Adoption of international instruments. Ratification of International Humanitarian Law instruments such as the Convention Related to the Status of Stateless Persons, the Convention on the Reduction of Statelessness, and the Bill to ratify the Interamerican Protocol on the Abolition of the Death Penalty (OAS) are currently in process. • State Acknowledgement of Responsibility. In observance of rulings by the InterAmerican Court of Human Rights, in 2009 the State issued official acknowledgement of its responsibility in two events: • The case of the massacre in Pueblo Bello. • The case of the homicide of Germán Escué Zapata. • Observance of cautionary and provisional measures. Follow-up has been carried out and a process of dialogue has been undertaken with beneficiaries of measures by the InterAmerican Human Rights Commission. Periodic reports have been presented.

41. 4. Transparency, Cooperation, and Observance of International Commitments Strengthening the relation with the Office of the High Commissioner for Human Rights and the United Nations System • Road Map. The recommendations by the office of the High Commissioner for Human Rights as well as the UPR recommendations and voluntary commitments constitute the road map for the Colombian State’s actions on Human Rights policy. • Follow-up on Recommendations. With the cooperation of the UNHCHR, a database was created on recommendations for conventional and extra-conventional proceedings and urgent appeals issued via United Nations special procedures. • Strategic Lines for Cooperation. An exchange of notes took place on November 18, 2009 by which lines for cooperation for the 2010-2011period were agreed. Priorities: social dialogue and support for the implementation of public policies that foster observance of international standards.

42. 4. Transparency, Cooperation, and Observance of International Commitments Bilateral Mechanisms for Dialogue • European Union. Exchange of information, scenarios for cooperation in Human Rights. Established April 21, 2009. Two meetings: May 27 and October 21. • Canada. Strengthen cooperation, facilitate information flow, share challenges and advancements, exchange experiences. Established on July 10, 2009. • Spain. Exchange of information, exchange of positions and comments on negotiations related to Human Rights, cooperation, academic activities. Established in January 2010

43. Conclusions Colombia reiterates its commitment to the implementation of the commitments and recommendations accepted in the framework of the UPR. • Policy of openness and transparency • Seriousness and responsibility toward UPR commitments. • Rejection of Human Rights violations and implementation of measures to prevent them and to guarantee justice.

44. Conclusions Colombia reiterates its commitment to the implementation of the commitments and recommendations accepted in the framework of the UPR. • The country is committed to rising to meet the remaining challenges represented by drug trafficking, organized crime, illegal armed groups, and corruption • It reaffirms its desire to strengthen the rule of Law and to overcome impunity • It is grateful for the support and cooperation from the international community • It calls on the international community to demand that illegal armed groups immediately cease violent actions against the population and against democratic institutions