April 18, 2005

UN Report on the Human Rights Situation in Colombia

by United Nations High Commissioner for Human Rights

During 2004, the public’s attention was focused primarily on the debate over the re-election of the President, on the negotiations with paramilitary groups, and on attempts to agree on a humanitarian exchange between the Government and the Fuerzas Armadas Revolucionarias de Colombia-Ejército del Pueblo (FARC-EP). The Government gave priority to demobilizing members of the illegal armed groups, as well as to negotiations with the paramilitary groups of the United Self-Defence Forces of Colombia (AUC), notwithstanding the continued absence of an appropriate legal framework to guarantee the rights to truth, justice and reparations of victims in accordance with international norms.

It was evident that the paramilitary groups, despite their declared cessation of hostilities and the disappearance of their traditional leader, Carlos Castaño, continued their expansion and consolidation, including social and institutional control at the local and regional levels, as well as close links with drug trafficking. The evolution of the internal armed conflict was characterized by consolidation of the presence of the Security Forces in municipal centres and the withdrawal of the FARC-EP and the ELN.

Starting in April 2004, the so-called Plan Patriota was put into effect in the south of the country, the largest military operation in modern Colombian history. Its main stated objectives were to strike a blow at the rear guard of the FARC-EP and to capture its principal leaders. The security forces took action against the paramilitary groups, but on a smaller scale compared to the actions taken against the FARC-EP. During 2004, the FARC-EP and the ELN carried out a series of attacks against the civilian population, including several massacres of civilians and kidnappings by the FARC-EP.

There were repeated statements by high-level government officials denying the existence of an internal armed conflict and affirming that only a terrorist threat against Colombian society existed. The Government and the Attorney-General’s Office continued to use massive and systematic search and arrest procedures without sufficient proof, often based on reports by demobilized persons, former members of the illegal armed groups reintegrated into society and military intelligence files.

The precariousness of the policy to combat paramilitarism was noted, particularly with regard to its structures, including links between members of the security forces and other public officials with those groups. The need for an appropriate legal framework was evident in relation to the negotiations with the AUC.

The economic and social policies adopted by the Government did not lead to the necessary progress in decreasing the inequality gap, confronting extreme poverty, decreasing illiteracy and unemployment rates and increasing access to health care and housing. Violations continued to be recorded on the rights to life, personal integrity, freedom and security, due process and privacy, as well as of the fundamental freedoms of movement, residence, opinion and expression. No significant progress was observed in the field of economic, social and cultural rights.

The human rights situation continued to be critical. There was an increase in reports of extrajudicial executions attributed to members of the security forces and other public officials. High levels of torture and forced disappearances continued. Reports of arrests and mass searches carried out without an appropriate legal basis by members of the army and the Attorney-General’s Office continued. In addition, there were cases of tampering with evidence and witnesses. Continuing links between public officials and the illegal armed groups, particularly paramilitaries, were evident in the context of various allegations in which State responsibility was attributed by direct action or omission.

The downward trend of various indicators of breaches of international humanitarian law continued, in particular multiple homicides and hostage-taking, although their incidence remained high. The paramilitary groups failed to respect the cessation of hostilities. The illegal armed groups, particularly the FARC-EP and the paramilitaries, continued to commit serious and numerous breaches such as attacks on the civilian population, indiscriminate attacks, homicides, massacres, hostage-taking, acts of terrorism, forced displacements, use of antipersonnel mines, recruitment of minors, slavery, and attacks on the personal integrity and dignity of women and girls in the context of acts of sexual violence. There were allegations of breaches attributed to members of the security forces, particularly the army, such as homicides, indiscriminate attacks, forced displacements, and attacks on the personal integrity and dignity of women.

Various positive measures in the field of protection and prevention were weakened by public statements by high-level government officials who on occasion questioned the legitimacy of the work of human rights defenders and their organizations. The vulnerability of human rights defenders, including trade unionists, women’s organizations and other social leaders, continued, due to threats and actions by the illegal armed groups, particularly the paramilitaries.

Excerpted from the Report of the High Commissioner for Human Rights on the Situation of Human Rights in Colombia.

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