He Human Rights Situation In Colombia Written Statement To The 19Th Session Of The Un Human Rights Council (27 February – 23 March 2012)

THE HUMAN RIGHTS SITUATION IN COLOMBIA
WRITTEN STATEMENT TO THE 19TH SESSION OF THE UN HUMAN RIGHTS COUNCIL (27 FEBRUARY – 23 MARCH 2012)

AI Index; AMR 23/007/2012 PUBLIC Date: 10 February 2012 The Human Rights Situation in Colombia: Amnesty International written statement to the 19th session of the UN Human Rights Council (27 February – 23 March 2012) Amnesty International expresses itscontinued appreciation of the work of the Office of the UN High Commissioner for Human Rights (OHCHR) in Colombia to improve respect for human rights and international humanitarian law in the country. At its 19th session, the Human Rights Council (HRC) will have before it the High Commissioner’s report of the situation of the human rights in Colombia,1 which regrettably is not available at the timeof writing. This statement presents an overview of Amnesty International’s concerns in Colombia. The government of President Juan Manuel Santos continues to express a commitment to human rights and to end impunity. The government’s relationship with human rights organizations has generally been constructive, especially compared to the overtly hostile stance adopted by the previous administration.The government has also introduced some policies designed to benefit many, but not all, victims of the armed conflict. In particular, the Victims and Land Restitution Law, if implemented effectively, could be an important step in efforts to return some of the stolen millions of hectares of land to the rightful owners. Despite these positive developments, there have been few tangible improvements inthe overall human rights situation. Civilians continue to bear the brunt of the human rights consequences of the armed conflict. Guerrilla groups, paramilitaries and the security forces continue to be responsible for crimes under international law, including unlawful killings, abductions or enforced disappearances, sexual violence and forced displacement. Those living in rural areas, particularlyIndigenous Peoples and Afro-descendent and peasant farmer communities, are most at risk, as are those living in poverty in urban areas, human rights defenders and trade unionists. The Victims and Land Restitution Law: The Law acknowledges the existence of an armed conflict and the rights of victims. It provides for reparations for many survivors of human rights abuses, including those perpetratedby state agents. However, many other victims of the conflict will be excluded from making claims for reparation, while significant tracts of stolen land might still not be returned to their rightful owners. Amnesty International is concerned at the lack of safeguards to ensure that returnees are not forced to again cede control over their land to those who had forcibly displaced them or toothers. Moreover, continuing threats and killings of those campaigning for land restitution and of those seeking to return to their lands risks undermining implementation of the law. Impunity: Some progress has been made in several key human rights investigations, including those linked to the “parapolitics” scandal, which exposed the illegal links between dozens of legislators and paramilitary groups.Some progress has also been made in connection with the DAS “dirty tricks” campaign, which revealed the links between the civilian intelligence service and paramilitaries aimed at discrediting, and in some cases threatening and killing, human rights defenders, judges, journalists, trade unionists and lawyers. However, most perpetrators so exposed continue to evade justice. This continues to send apowerful message to human rights abusers that they can continue to threaten and kill without fear of repercussions. Ongoing threats against and killings of some of those participating in human rights investigations, such as witnesses, survivors, victims’ families, human rights defenders, lawyers, prosecutors and judges highlight all too clearly how impunity in Colombia continues to be both a...