Colombia: ICJ report identifies necessary measures to ensure victims of enforced disappearance and extrajudicial killings can access justice

Colombia: ICJ report identifies necessary measures to ensure victims of enforced disappearance and extrajudicial killings can access justice

The ICJ marked the International Day of the Victims of Enforced Disappearances today by releasing a baseline study (in Spanish) which identifies key obstacles to accountability for serious human right violations in Colombia.

“The report finds that although Colombia has a comprehensive legal framework aimed at providing accountability for serious human rights violations, victims still face many challenges in obtaining access to justice,” said Kingsley Abbott, Coordinator of the ICJ’s Global Accountability Initiative.

“A robust domestic legal framework is important, but without effective Government implementation at every level full accountability for these violations will remain out of reach,” added Abbott.

Among other challenges, some victims still encounter difficulties in participating in criminal proceedings or obtaining information about investigations and prosecutions of those alleged to be responsible for violations.

The study recommends steps Colombia should take to improve the implementation of the domestic legal framework, including:

  • raising the awareness of civil servants, including judicial employees, of victims’ rights and the appropriate legal mechanisms employed to search for “disappeared” persons;
  • improving coordination between the State’s institutions, including the Search Unit for Persons Presumed Disappeared in the context and by Reason of the Armed conflict, the Special Jurisdiction for Peace, and the Office of the Attorney General; and
  • ensuring that the investigation and prosecution of enforced disappearances and extrajudicial killings take place within the civilian rather than the military justice system.

The study also stresses the importance of Colombia recognizing the competence of the UN Committee on Enforced Disappearances (CED) to receive and consider individual communications. Considering the high levels of impunity, the recognition has been requested by Colombian civil society organizations and victims to improve the protection and guarantee of rights of victims of enforced disappearances.

The baseline study has been produced as part of the ICJ’s regional project addressing justice for extrajudicial killings and enforced disappearances in Colombia, Guatemala and Peru, sponsored by the European Union.

The baseline study is available in Spanish.

Background

 The ICJ has long been monitoring laws, policies and practices concerning the investigation and prosecution of serious human rights violations and abuses in Colombia, including enforced disappearances and extrajudicial killings, as part of its efforts to promote accountability, justice and the rule of law around the world.

Enforced disappearances and extrajudicial killings are among the most prevalent human rights violations committed in Colombia, particularly in the context of the ongoing internal armed conflict. In Latin America, Colombia has one of the highest figures of people who have been subject to enforced disappearance or unlawfully killed.

The project is implemented under the ICJ’s Global Accountability Initiative which has also produced baseline studies for Eswatini, Nepal, Myanmar, Venezuela, Cambodia, Tajikistan and Tunisia.

Contacts

Kingsley Abbott, Coordinator of the Global Accountability Initiative, e: kingsley.abbott(a)icj.org

Carolina Villadiego, Legal and Policy Adviser, Latin America, and Regional Coordinator of the Project, e: carolina.villadiego(a)icj.org

Rocío Quintero M, Legal Adviser, Latin America, e: rocio.quintero(a)icj.org

Download

Colombia-GRA-Baseline-Study-Publications-Reports-Thematic-reports-2020-SPA (full report, in Spanish, PDF)

Animación sobre el impacto del COVID-19 en los derechos de las mujeres 

Animación sobre el impacto del COVID-19 en los derechos de las mujeres 

Como parte de las actividades que la CIJ adelanta en relación con la crisis generada por el COVID-19, se encuentra el monitoreo sobre la protección y garantía de los derechos de las mujeres. Al respecto, informes de todas partes del mundo indican un aumento en los casos de violencia domestica y nuevos problemas para acceder a la justicia.

En consideración a ello, los equipos de la CIJ en África y en Asia trabajaron juntos para realizar una animación sobre el impacto que las medidas de aislamiento y similares han tenido en los derechos de las mujeres.

La animación también ofrece sugerencias a los Estados sobre las medidas que se pueden adoptar para proteger los derechos de las mujeres. En particular, se llama la atención a los Estados sobre la importancia de adoptar un enfoque de género en sus políticas.

La animación fue lanzada en inglés durante un webinar, el 26 de mayo de 2020. Durante el webinar, mujeres defensoras de derechos humanos de Asia, África y el Medio Oriente discutieron sobre el impacto que las medidas impuestas para contener el avance del virus han tenido en los derechos de las mujeres.

Contacto: 

Shaazia Ebrahim, Oficial de comunicaciones  (CIJ Africa), Correo electrónico: shaazia.ebrahim(a)icj.org

Venezuela: ICJ calls for international Commission of Inquiry on human rights situation

Venezuela: ICJ calls for international Commission of Inquiry on human rights situation

Today, the ICJ joined 10 other international and Venezuelan human rights organizations to call the United Nations Human Rights Council to establish a Commission of Inquiry (COI) on human rights in Venezuela in its upcoming session in September.

The ICJ considers that an independent COI is necessary given the Venezuelan authorities have been unable or unwilling to pursue effective domestic accountability and the judicial and prosecutorial mechanisms lack independence and impartiality.

In recent years, the ICJ has documented in several reports the lack of judicial independence, the lack of accountability for those allegedly responsible for gross human rights violations, the abuse and misuse of the military jurisdiction, and wide ranging breakdown in the functioning of the rule of law.

The United Nations High Commissioner for Human Rights in her 2019 report has similarly stressed that wide ranging human rights violations had occurred in Venezuela evidenced by the excessive use of force by security forces, attacks on freedom of expression, arbitrary detention and extrajudicial killings, dismantling of checks and balances, and deprivations constituting violations of the right to food and health. In addition, a panel of independent international experts mandated by the Secretary General of the Organization of American States (OAS), mentioned in 2018 “that reasonable grounds exist to believe that crimes against humanity have been committed in Venezuela”.

Commissions of Inquiry have been effectively established by the UN Human Rights Council to assess serious situations of human rights in several countries where there is a need to ensure proper human rights fact finding and ultimately accountability for widespread or systematic human rights violations. These include COIs for Syria, North Korea, Burundi, Yemen, Libya and Eritrea.

The ICJ and the other organizations have emphasized that the Commission of Inquiry that could be established for Venezuela “should be mandated to investigate reports of violations of international human rights law in Venezuela, including but not limited to violations associated with torture and inhuman treatment, arbitrary detention, discrimination, violations of freedom of expression, violations of the right to life and enforced disappearances, as well as violations of the rights to health and food. It should be tasked with establishing the facts and circumstances of violations committed since at least 2014, mapping out patterns of violations and identifying those responsible and, where possible, the chain of command, with a view to contributing to full accountability for all violations including those that constitute crimes under international law (…)”.

Download:

Venezuela-COI final-Advocacy-2019-ENG (full Q&A document prepared by all 11 organizations in PDF)

 

 

Guatemala: ending impunity, rights of indigenous peoples, and migrants (UN statement)

Guatemala: ending impunity, rights of indigenous peoples, and migrants (UN statement)

The ICJ today joined other NGOs in addressing the UN Human Rights Council session in Geneva, on the situation for human rights in Guatemala.

The statement, delivered by Franciscans International on behalf also of ICJ and other NGOs, read as follows (translation of Spanish original):

“We welcome the High Commissioner’s Report concerning the activities of her Office in Guatemala. We share the concerns and recommendations in the report, especially those related to the indigenous peoples, migrants and legislative initiatives that would impact in the full enjoyment of human rights.

As it was highlighted in the report, we are also concerned by the current discussions on the initiative to reform the National Reconciliation Law. This reform would give amnesty to those who committed serious crimes during the armed conflict, including those who have already been convicted. This puts at risk not only the fulfillment of the state’s obligations to end impunity, but also the security and access to justice of hundreds of victims and witnesses. Guatemala should dismiss immediately the initiative and refrain from promoting any other initiative that would promote impunity.

Additionally, the political and social tensions are intensifying towards the upcoming elections, and the inclusion of various groups, especially indigenous peoples, is at risk. Currently there is a low participation and representation of indigenous peoples in the political scene of the country. Out of 178 seats in the Congress, only 18 are occupied by Mayans (from which only two are women). The State must guarantee free participation, without intimidation or threats, of indigenous peoples running for different positions.

Lastly, the regional human rights situation of migrants is aggravating and the response by Guatemala, as evidenced in the last months, shows the lack of an effective policy to deal not only with migrants in transit, but also to create conditions to prevent forced migration of Guatemalans.

We thank the work that the Office of the High Commissioner for Human Rights has done, and we stress the importance of its activities in the country.”

The full statement may be downloaded in English and the original Spanish, in PDF format, here: HRC40-OralStatement-GDitem2-Guatemala-2019-EN-ESP

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