User:Thehumpback/sandbox

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, and is party to a variety of international agreements concerning human rights. It also has a series of domestic laws concerning the protection of human rights. 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’. In the UK Foreign Office annual human rights report for 2010, Colombia features as one of 20 ‘Countries of Concern’.

Colombia and Human Rights Laws

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.

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.

The Colombian Constitution

As well as detailing the right of Colombian citizens to fundamental rights (eg. right to life, equality before the law), the constitution mentions the right to economic, social and cultural rights (eg. labour rights, right to education, rights for groups in need of special protection), as well as collective and environmental rights. It recognizes special rights for indigenous populations, 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, for the human rights of Colombia’s citizens to be protected under national constitutional law.

Respect for Human Rights in Colombia

Human Rights Defenders

As reported by the National and International Campaign for the Right to Defend Human Rights, 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 defender. 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. 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’.

The Colombian government has a special protection program that seeks to protect those under threat. The Colombian embassy in Washington states that the protection program ‘offers long-term services based on specific needs of vulnerable individuals and groups’. However, the figures for the first semester of 2011 showed an increase of 126% in acts of aggressions committed against human rights defenders from 2010. Paramilitary groups were held responsible in 59% of the cases, state security forces were held responsible for 10% and the guerrilla groups 2%. Colombian officials have also been widely implicated in stigmatising the work of human rights defenders, often making unfounded accusations linking them to guerrilla groups.

Human rights defenders find little protection in the Colombian justice system; 784 human rights defenders were threatened, attacked or murdered between 2002 and 2009, there has been a conviction in only 10 of these cases.

UN Resolution

Justice for Colombia reports that between August 2010 and June 2011, there were 104 murders with direct ramifications for human rights concerns in Colombia. Those murdered included human rights defenders, trade unionists and community leaders. On average, according to these figures, one murder took place every three days. State security forces were directly implicated in some of these murders including, as the New York Times reports, the murder of three children by Army soldiers in 2010. The judge in charge of the trial of the soldiers was murdered shortly after the case began to be heard.

Labour Rights

See also Trade unions in Colombia

Colombia is widely referred to as the most dangerous country in the world to be a trade unionist. The 2011 Annual Survey of Violation of Trade Union Rights published by the International Trade Union Confederation (ITUC) reports that 49 trade unionists were killed in Colombia in 2010, more than in the rest of the world put together. According to government figures, 37 unionists were murdered. Between January and August 2011, 19 trade unionists have been reported killed.

The ITUC reports that between 2000 and 2010 Colombia has accounted for 63.12% of trade unionists murdered globally. According to Human Rights Watch and Justice for Colombia, most of these murders are attributed to right-wing paramilitaries, whilst some are directly attributed to state forces. Amnesty International reported in 2007 that for cases in which the perpetrator was known, paramilitaries were responsible for 49% of the attacks against trade-unionists, state forces were reponsible for 43%, and the guerrilla forces were responsible for 2%.

According to the National Labour School (ENS), a Colombian NGO monitoring trade union violence, impunity for crimes committed against trade unionists is running at 94%.

Trade union membership in Colombia has fallen dramatically since the 1980’s. According to Justice for Colombia, a British NGO campaigning for human rights and an end to trade union violence in Colombia, this is due to a combination of factors: ‘Less than 5% of Colombian workers are members of trade unions – the lowest level in the Americas. Less than twenty years ago it was double that figure but violence against trade unionists, changes in the labour market and anti-trade union policies have led to a huge decrease in membership. Today only 850,000 Colombians are members of a trade union’. As demonstrated by figures from the ENS, such is the nature of the Colombian workforce, it is very difficult for the majority of Colombian workers to join a trade union: ‘of Colombia’s 18 million working people...11 million are working in the informal economy....Of the remaining 7 million people (who do have formal employment) only 4 million benefit from permanent employment contracts’.

Colombia has ratified 60 ILO conventions and the eight conventions on fundamental labour rights. However, Justice for Colombia reports that in 2011 Colombians are still working in ‘conditions so poor that they violate both ILO conventions and Colombian national law’. Up until 2010, Colombia had featured every year for 21 years on the ILO blacklist of countries to be investigated for non-compliance with conventions concerning labour rights.

Colombia’s removal from the ILO blacklist list in 2010 was cited by Colombian officials as a demonstration that respect for trade unions and for labour rights had improved in Colombia. However, the UK's Trade Union Congress (TUC) refutes that, pointing out that in 2010 the ILO also made an agreement with the Colombian government to send a high level commission to visit the country in response to the continued difficulties in the labour rights situation. Two of Colombia’s three major trade union centres, the CUT and the CTC, released a statement in 2010 in response to government claims: ‘the acceptance of a High Level Tripartite Mission on the part of the Colombian government implies that the State accepts it has not complied with ILO requirements in a satisfactory way.... at no point has ILO indicated that the issues of human rights and freedom of association have been solved’.

Legal Rights

Whilst the right to due process in all legal processes is a right decreed to Colombians in article 29 of the Colombian constitution, human rights observers regularly report failure to provide this and indeed other legal rights. The 2011 report from the UN High Commissioner on Human Rights for Colombia reports that ‘the prosecution and arbitrary detentions of human rights defenders on the basis of uncorroborated information provided mainly by informants, demobilized persons and military intelligence reports, continue to be of concern’. According to the respected Jesuit human rights defender, Padre Javier Giraldo, between August 2002 and August 2004 there were 6332 arbitrary detentions. In a detailed report, published in February 2009, looking into the prosecution process in cases brought against human rights defenders, Human Rights First states that in Colombia ‘corruption and arbitrary actions are a systemic problem throughout the judicial system’.

Shortcomings in legal processes have been reported in cases concerning trade unionists, community activists, academics, and other groups and individuals who, whilst seeking the advancement of rights in their relevant spheres, may come into conflict with the government. According to both Colombian organisations, such as MOVICE and Humanidad Vigente, and international organisations, such as Human Rights First, Human Rights Watch, FIDH and Justice for Colombia, the response from certain Colombian authorities, has been to push through unfounded criminal charges against these defenders of human rights. These charges, according to the Colombian victims’ organisation MOVICE, are used to obstruct the activities carried out by human rights defenders whilst at the same time delegitimising and criminalising their work. The criminal charges are commonly ‘based on two unreliable sources: false allegations by ex-combatants receiving economic benefits from the state and intelligence reports that contain false information; entail prolonged arbitrary detention, sometimes for years, during open-ended criminal investigations; and pertain to offenses that are particularly open to politically-motivated misuse’. Such characteristics led Human Rights First to state that ‘corruption and failure to abide by national and international due process standards are endemic to the criminal justice system in Colombia’.

One example of organisations being persecuted illegally through the courts is that of ACVC, a grass-roots peasant farmer organisation focused on human rights issues in rural Colombia. Between 2007 and 2008 all six members of its executive committee were arrested on charges of rebellion. In April and May 2008 charges were dropped against all but two with the reviewing prosecutor stating that that the witnesses’ testimony was “based on no more than personal opinion and should have been verified forcefully by the investigative agencies”. The remaining two, in spite of being detained on the back of the same testimony, were forced to remain in jail. Miguel Gonzalez was released without charge in June 2009, one year and six months after he was originally arrested. Andres Gil was the last to be released; he was detained for almost two years with no conviction ever being made.

</ref></ref>