Corporate report

Human Rights Priority Country status report: January to June 2016

Updated 8 February 2017

This was published under the 2015 to 2016 Cameron Conservative government

From January to June 2016, Colombia’s trajectory on human rights has been broadly positive, against a background of significant developments in the peace process. However, human rights abuses across a number of sectors remain a concern, including protection of human rights defenders (HRDs), victims of sexual violence, internally displaced persons (IDPs), and disappeared persons. The UK continued to support the Colombian government’s commitment to making progress on human rights and raised specific concerns with the Colombian government on a regular basis. Our focus on 3 priority issues – Preventing Sexual Violence in Conflict (PSVI), Business and Human Rights, and HRDs – made a tangible difference. So far this year, our human rights engagement has been supported by the outward visits of 3 UK Ministers: Baroness Anelay, (the Minister with responsibility for Human Rights and PSVI), the then Foreign Secretary, and the Minister for Trade and Investment, Lord Price, who visited Colombia in March, April and May respectively. Each raised human rights in the course of their visits.

Formal peace process negotiations to end 50 years of armed conflict between the government and the Revolutionary Armed Forces of Colombia (FARC) have been ongoing since November 2012. On 25 January, the UN Security Council unanimously adopted a UK-drafted resolution establishing a Special Political Mission to monitor and verify the ceasefire between the parties. In May 2016, the Colombian Congress signed the “Acto Legislativo para La Paz” which will make it possible for a peace deal to be legally implemented once signed. On 15 May, negotiators agreed that all minors who are currently in the FARC will be considered as victims and pardoned when Colombian law permits it. On 23 June, Colombia signed a bilateral ceasefire with the FARC. The UK is a strong supporter of the peace negotiations in Colombia. Through the FCO’s Conflict, Stability and Security Fund, the UK has contributed £4.2m to the UN Post Conflict Trust Fund and agreed a €1.5m contribution to the EU Trust Fund to provide practical support to the peace process. In addition to the ongoing negotiations with the FARC, on 30 March, after over two years of preliminary discussions, the government of Colombia and the National Liberation Army (ELN) agreed to begin formal peace negotiations, with a six-point agenda. The negotiations were temporarily suspended following the kidnap (and subsequent release) of 3 journalists in May.

Despite positive engagement from the government of Colombia, the situation for HRDs remains concerning. In the period January to March, the NGO Somos Defensores (“We are Defenders”) reported 19 murders and 81 threats. This marks a decline in threats from the same period in 2015 (249), but an equal number of murders. Civil society reported concerns at a wave of murders of social activists and HRDs in areas with the presence of illegal armed groups. In response to this trend, on 26 April, President Santos announced the creation of a high-level group in charge of investigating threats and killings against HRDs. The UK, in addition to monitoring specific cases, has raised our concerns with the Colombian government at every possible opportunity. The then FCO Minister for Latin America, Hugo Swire, raised concerns about HRDs with President Santos in the UK in May. The British Ambassador in Colombia recently joined an international community initiative called “Ambassadors with Defenders” that aims to raise awareness of the situation of HRDs and follow up on specific cases. Earlier this year, the Ambassador accompanied the Colombian Minister of Interior to a regional human rights roundtable. The UK was the only member of the international community invited to this event.

On Business and Human Rights, the UK supported Colombia in the development of its own National Action Plan (NAP) to implement the UN Guiding Principles on Business and Human Rights. The NAP, which is the first of its kind outside of Europe, was launched in December 2015 and allows Colombia to meet existing human rights obligations and increase business awareness. During his visit to Colombia, Lord Price launched a campaign for British businesses to support peace in Colombia, primarily through respect for human rights. He secured confirmation that 20 of the largest British companies operating in Colombia will align themselves with the principles of the Colombian NAP. The UK has also encouraged interaction between British businesses and civil society to increase knowledge of the wider challenges and impact of their operations in Colombia.

The Colombian conflict has had a particular impact on women in society, especially in rural areas. The Ombudsman’s Office reported that one woman a day is a victim of conflict-related sexual violence. The Inspector-General’s Office reported on 16 June that Colombia is amongst the countries with the highest femicide rates in Latin America. The National Forensics Office reported more than 37,000 sexual violence cases in 2015. The British Embassy supported the National Day for the Dignity of Victims of Sexual Violence in Colombia on 25 May through the “Festival for the Lives of Women” forum, organised by journalist Jineth Bedoya, which brought 96 survivors from various regions to participate. The British Embassy in Bogotá has been actively targeting gender issues through a number of its bilateral projects, including successful PSVI-related activity. The Embassy supports Oxfam to provide access to justice for victims of sexual violence. A UK Justice Adviser has been seconded to the Colombian Attorney General’s Office to assist in post-conflict judicial challenges. The Embassy also works with the Colombian Office of the High Commissioner for Peace to ensure that the implementation of the peace agreements have a strong gender approach, and supports local NGO Corporación Mujer Sigue mis Pasos in the creation of a network of women victims of sexual violence. The UK took on the Presidency of the UN gender sub-group on “Gender, Peace and Justice” from April.

There have been worrying developments on minority rights and freedom of expression. On 18 May, the UN Refugee Agency and Office of the High Commissioner for Human Rights warned Colombian authorities of the worrying situation of indigenous and afro-Colombian people in the department of Chocó. From the beginning of March to the middle of May, over 6,400 people were displaced and around 7,300 were confined in their territories due to confrontations. On 11 May, various indigenous communities from the department of La Guajira participated in a peaceful protest to demand a solution to the ongoing problem of childhood malnutrition, the lack of infrastructure and water. On 30 May, a new agrarian strike, led by the left-wing civilian platform Cumbre Agraria, began to demand government fulfilment of previous agreements made to end the protests in 2013. The Ministry of Interior and representatives from the Cumbre Agraria reached a final agreement on 12 June which led to suspension of the protests. On 20 June, 30 representatives from indigenous, Roma, and afro-descendant communities went to Havana to share their proposals for the sixth point of the negotiation agenda on implementation, verification and endorsement of the agreements.
Despite efforts made by the government in the last decade to strengthen access to justice, Colombia remains one of the countries with the highest levels of impunity in the world. Access to justice and the rule of law remain central priorities for the UK in Colombia. The UK’s contribution of £4.2m to the UN Trust Fund, as part of our support to the peace process, will support the government stabilisation plan with include access to justice in rural areas.

The Colombian Ombudsman’s Office has warned of a significant rise of violence and discrimination against the LGB&T community. So far in 2016, the Ombudsman has handled 89 cases of violence against the LGB&T community. This is a worrying increase given that there were 92 cases in the whole of 2015. Following action by the Constitutional Court in November 2015 to lift the restriction on adoption by same-sex couples, on 7 April the Constitutional Court voted in favour of same-sex marriage. With the decision, Colombia joins only a handful of nations in Latin America allowing same-sex couples to marry, including Argentina, Brazil and Uruguay.