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''see also'' ''[[Human rights]]'' and ''[[Colombia]]''
''see also'' ''[[Human rights]]'' and ''[[Colombia]]''


Colombia is a sovereign state situated in South America. It is a parliamentary democracy, has been a member of the [[United Nations]] since 5 November 1945,<ref>[http://data.un.org/CountryProfile.aspx?crName=COLOMBIA#Summary UN Data]</ref> and is party to a variety of international agreements concerning human rights.<ref>International Geneva Conventions, ILO Conventions, International Bill of Human Rights.</ref> It also has a series of domestic laws that seek to guarantee the protection of human rights.<ref>See the Colombian Constitution of 1991.</ref> However, Colombia’s human rights record often contradicts directly with the laws and agreements to which it is bound; Colombia is widely referred to as the country with the ‘worst human rights record in the western hemisphere’.<ref>Witness for Peace, [http://www.witnessforpeace.org/article.php?id=1036 Letter to US Ambassador to Colombia], ''19 November 2010''</ref> In the UK Foreign Office annual human rights report, Colombia features as one of 20 ‘Countries of Concern’.<ref>[http://fcohrdreport.readandcomment.com/human-rights-in-countries-of-concern/colombia/ The 2010 UK Foreign & Commenwealth Office Report]</ref>
Colombia is a sovereign state situated in South America. It is a parliamentary democracy, has been a member of the [[United Nations]] since 5 November 1945,<ref>[http://data.un.org/CountryProfile.aspx?crName=COLOMBIA#Summary UN Data]</ref> and is party to a variety of international agreements concerning human rights.<ref>International Geneva Conventions, ILO Conventions, International Bill of Human Rights.</ref> It also has a series of domestic laws that seek to guarantee the protection of human rights.<ref>See the Colombian Constitution of 1991.</ref> However, Colombia’s human rights record often contradicts directly with the laws and agreements to which it is bound; Colombia is widely referred to as the country with the ‘worst human rights record in the western hemisphere’.<ref>Witness for Peace, [http://www.witnessforpeace.org/article.php?id=1036 Letter to US Ambassador to Colombia], ''19 November 2010''</ref><ref>Justice for Colombia, [http://www.justiceforcolombia.org/about-colombia/#human-rights Human Rights in Colombia]</ref><ref>Human Rights Watch, [http://www.hrw.org/en/news/2007/04/23/congressional-testimony-democracy-human-rights-and-us-policy-towards-colombia Congressional Testimony on Democracy, Human Rights, and US Policy towards Colombia], ''23 April 2007''</ref> In the UK Foreign Office annual human rights report, Colombia features as one of 20 ‘Countries of Concern’.<ref>[http://fcohrdreport.readandcomment.com/human-rights-in-countries-of-concern/colombia/ The 2010 UK Foreign & Commenwealth Office Report]</ref>


==Colombia and Human Rights Law==
==Colombia and Human Rights Law==
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===The Colombian Constitution===
===The Colombian Constitution===


In 1991 Colombia adopted a new constitution which contains wide ranging mechanisms to seek the protection of its citizens’ human rights.<ref>[http://www.state.gov/r/pa/ei/bgn/35754.htm The US Department of State Colombia Profile]</ref> As well as detailing the right of Colombian citizens to fundamental rights (eg. right to life, equality before the law),<ref>[http://confinder.richmond.edu/admin/docs/colombia_const2.pdf Colombian Constitution of 1991] ''Art. 11 to 41''</ref> the constitution also mentions the right to economic, social and cultural rights (eg. labour rights, right to education, rights for groups in need of special protection),<ref>[http://confinder.richmond.edu/admin/docs/colombia_const2.pdf Colombian Constitution of 1991] ''Art. 42 to 77''</ref> as well as collective and environmental rights.<ref>[http://confinder.richmond.edu/admin/docs/colombia_const2.pdf Colombian Constitution of 1991] ''Art. 78 to 82''</ref> It recognizes special rights for indigenous populations,<ref>Semper, Frank, ''[http://www.juridicas.unam.mx/publica/librev/rev/dconstla/cont/20062/pr/pr3.pdf Los Derechos de los Pueblos Indigenas de Colombia]'', Mexico National University (UNAM)</ref> it allows for citizens to take direct legal action against the state with a right to what is known as the tutela, it creates the Constitutional Court, and it determines the existence of posts for human rights ombudsmen. The constitution of 1991 allows, in theory at least, the human rights of Colombia’s citizens to be protected under national constitutional law.<ref>Jorge Orlando Melo Gonzalez ''[http://www.banrepcultural.org/blaavirtual/revistas/credencial/diciembre2002/losderechos.htm Los Derechos Humanos en Colombia]'', ''Revista Credencial Historia'', Edition 156, ''December 2002''</ref>
In 1991 Colombia adopted a new constitution which contains wide ranging mechanisms to seek the protection of its citizens’ human rights.<ref>[http://www.state.gov/r/pa/ei/bgn/35754.htm The US Department of State Colombia Profile]</ref> As well as detailing the right of Colombian citizens to fundamental rights (eg. right to life, equality before the law),<ref>[http://confinder.richmond.edu/admin/docs/colombia_const2.pdf Colombian Constitution of 1991], ''Art. 11 to 41''</ref> the constitution also mentions the right to economic, social and cultural rights (eg. labour rights, right to education, rights for groups in need of special protection),<ref>[http://confinder.richmond.edu/admin/docs/colombia_const2.pdf Colombian Constitution of 1991], ''Art. 42 to 77''</ref> as well as collective and environmental rights.<ref>[http://confinder.richmond.edu/admin/docs/colombia_const2.pdf Colombian Constitution of 1991], ''Art. 78 to 82''</ref> It recognizes special rights for indigenous populations,<ref>Semper, Frank, ''[http://www.juridicas.unam.mx/publica/librev/rev/dconstla/cont/20062/pr/pr3.pdf Los Derechos de los Pueblos Indigenas de Colombia]'', Mexico National University (UNAM)</ref> it allows for citizens to take direct legal action against the state with a right to what is known as the tutela, it creates the Constitutional Court, and it determines the existence of posts for human rights ombudsmen. The constitution of 1991 allows, in theory at least, the human rights of Colombia’s citizens to be protected under national constitutional law.<ref>Jorge Orlando Melo Gonzalez ''[http://www.banrepcultural.org/blaavirtual/revistas/credencial/diciembre2002/losderechos.htm Los Derechos Humanos en Colombia]'', ''Revista Credencial Historia'', Edition 156, ''December 2002''</ref>


==Respect for Human Rights in Colombia==
==Respect for Human Rights in Colombia==

Revision as of 21:08, 7 September 2011

see also Human rights and Colombia

Colombia is a sovereign state situated in South America. It is a parliamentary democracy, has been a member of the United Nations since 5 November 1945,[1] and is party to a variety of international agreements concerning human rights.[2] It also has a series of domestic laws that seek to guarantee the protection of human rights.[3] However, Colombia’s human rights record often contradicts directly with the laws and agreements to which it is bound; Colombia is widely referred to as the country with the ‘worst human rights record in the western hemisphere’.[4][5][6] In the UK Foreign Office annual human rights report, Colombia features as one of 20 ‘Countries of Concern’.[7]

Colombia and Human Rights Law

In addition to its UN membership, Colombia is obliged to advance the protection of human rights through its adhesion to international laws, international conventions as well as through its own national constitution.

Colombia and The International Bill of Human Rights

Two international treaties concerning human rights were established by the United Nations in 1966: the International Covenant on Civil and Political Rights with its two Optional Protocols and the International Covenant on Economic, Social and Cultural Rights. These two treaties, together with the Universal Declaration on Human Rights (UDHR), make up the International Bill of Human Rights. It seeks to guarantee rights to all humans and determine that regardless of context or circumstance states are morally and legally obliged to ensure that its citizens enjoy these rights. Colombia signed both treaties in 1966, with their ratification being completed in October 1969. [8][9]

Colombia and International Humanitarian Law

In 1961, Colombia ratified the four Geneva conventions of 1949 that form the basis of International Humanitarian Law and the two additional protocols of 1977 were ratified in 1993 and 1995 respectively. As of September 2011, Colombia had not signed up to the third additional protocol of 2005.[10]

The Colombian Constitution

In 1991 Colombia adopted a new constitution which contains wide ranging mechanisms to seek the protection of its citizens’ human rights.[11] As well as detailing the right of Colombian citizens to fundamental rights (eg. right to life, equality before the law),[12] the constitution also mentions the right to economic, social and cultural rights (eg. labour rights, right to education, rights for groups in need of special protection),[13] as well as collective and environmental rights.[14] It recognizes special rights for indigenous populations,[15] it allows for citizens to take direct legal action against the state with a right to what is known as the tutela, it creates the Constitutional Court, and it determines the existence of posts for human rights ombudsmen. The constitution of 1991 allows, in theory at least, the human rights of Colombia’s citizens to be protected under national constitutional law.[16]

Respect for Human Rights in Colombia

Human Rights Defenders

As reported by the National and International Campaign for the Right to Defend Human Rights,[17] and as documented regularly in reports by leading human rights organisations, Colombia is one of the most dangerous countries in the world to be a human rights defenders.[18][19] In 2010, according to the Colombian based human rights organisation Somos Defensores, at least 174 acts of aggression towards human rights defenders were committed. This included 32 murders and 109 death threats.[20] As Human Rights First reports, attacks against human rights defenders include also ‘smear campaigns and break-ins, threatening and omnipresent surveillance, physical assaults, kidnapping, violence directed toward family members, and assassination attempts’.[21]

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References