Review 2008

. A/HRC/WG.6/3/COL/1 - A, C, E, F, R, S. Annexes: 1, 2, 3, 4

. A/HRC/WG.6/3/COL/2 - A, C, E, F, R, S

. A/HRC/WG.6/3/COL/3 - A, C, E, F, R, S

. Advanced written questions + Add 1

. Summary by ISHR

. UN press release

. Full webcast. For the webcast per speaker, see here.

For statements in writing, see the OHCHR extranet.

. A/HRC/WG.6/3/L.14: Report adopted "ad referendum"

.Full webcast. For the webcast per speaker, see here.

. A/HRC/10/29: Report of the tenth session of the Human Rights Council

. UN press release

. Webcast of the plenary. For the webcast per speaker, see here.

. Statement by Colombia

. The following states took the floor: Russian Federation, Brazil, Netherlands, Spain, United States of America, Switzerland, Belgium, France, United Kingdom, Guatemala, China and Panama.

For all the statements made by States, see the OHCHR extranet.

 The following observers took the floor:
. Joint Statement: Colombian Commission Of Jurists and World Organization Against Torture
. World Organization Against Torture
. World Federation Of Trade Unions
. Social Service Agency of the Protestant Church in Germany
. Joint Statement: International Pen And World Press Freedom Committee (WPFC)
. Conscience and Peace Tax International (CPTI)
. Action Canada for Population and Development (ACPD)
. Amnesty International
. International Federation of Human Rights Leagues
. SOS Kinderdorf International (SOS-KDI)

 The following observers submitted a written statement:
. Amnesty International

. A/HRC/10/82 - A, C, E, F, R, S : Final Report as adopted

. A/HRC/10/82/Add.1 - A, C, E, F, R, S : Views on conclusions and/or recommendations, voluntary commitments and replies

. List of all recommendations made to Colombia and its responses to them (Spanish).

. IPS, Activists celebrate being heard at UN, 12 December 2008

. Human Rights Tribune, Latin America asks Colombia for an explanation, 12 December 2008.

. Coalition of colombian NGOs, Press Statement (English, Spanish), 11 December 2008.

. IPS, Harsh language for Colombia at the UN review, 11 December 2008.

. IPS, A special case for the UN, 10 December 2008.

• Colombia

. 11th HRC session - 12 June 2009

“After the adoption of its UPR report, Colombia has embarked on a process of follow up on recommendations and voluntary commitments resulting from the review and recently the presidential programme for human rights published an initial report which can be found on the internet page of the presidential programme for human rights as well as on the UPR Info website. Among the progress made I might mention the invitations extended to four special procedures, the special rapporteur on extra judicial executions who’s visit is currently under way, the special rapporteur on human rights defenders, the special rapporteur on fundamental freedoms of indigenous communities and the special rapporteur on the independence of judges and lawyers. With respect of human rights defenders there is a consultation between the State and civil society.”

. 12th HRC session - 25 September 2009

“We would like to inform you that during the present year there have been visits to Colombia by the Special Rapporteur of extrajudicial or arbitrary executions and the Special Rapporteur for on human rights defenders, the Special Rapporteur on fundamental freedoms of indigenous communities and we hope that by the end of the present year we will have the visit of the Special Rapporteur on the independence of judges and lawyers.

With regards to concrete and positive actions in the implementation of accepted recommendations and voluntary commitments, I would like to mention the fact the government of Colombia wishes to continue to progress in improving guarantees for the important work of human rights defenders in Colombia. With this regard, I would like to report the words of the President on September 17th during the visit of the Special Rapporteur for on human rights defenders: “The work of human rights defenders is a necessary and legitimate action for democracy in a country like Colombia which is proud to be completely open to come under to scrutiny with this regard.” For that reason new measures have been adopted on the work of the Intelligence of the State and, following recommendations of the OHCHR, a clearing out of the Intelligence archives has been ordered. This task will be undertaken by the National Government with the cooperation of the OHCHR.

In parallel of the initial amount of 50 million dollars, a fund was established for the reparation of victims of violence, the fight against impunity has been stepped up and, along with civil society , an agenda in favour of guarantees for the human rights defenders was developed.”

. 13th HRC session - 19 March 2010

“The most important developments made are in the fight against violence, protection of the population, decrease in the crime rates, fight against armed groups, strengthening of a demobilization programmes, decreasing number of murders, enforced disappearances and allegations of torture. With regards to the fight against discrimination, we are continuing our efforts in the implementation of measures and programmes that can fight in a practical manner all forms of discriminations, including sexual orientations ones.”

. 14th HRC session - 11 June 2010

“We would like to provide information on the progress and the state of implementation of recommendations and voluntary pledges. Thanks to measures of security acts of terrorism have decreased from 1645 in 2002 to 486 in 2009. In this area it is important to mention that kidnappings have fallen from 2882 in 2002 to 213 in 2009. There has also been a positive trend in homicides from 28.831 in 2002 to 15.817 in 2009. Indigenous people have been a priority on the agenda of the government but there are still many challenges to be faced. In this regard I would like to inform the Council that a forum with the Awa people has been initiated as well as a Safeguard Plan is being launched. Similarly with regards to racial discrimination, last May we adopted a new policy for the promotion of the rights of the Afro descendents which includes education and training with different focuses. Colombia is also fully committed to approve compensations for victims of crime. Thus far more than 280.000 victims have denounced violent actions against them. Also trough the implementation law on justice and peace we have tied up more than 45.000 criminals. During 2009, 11.000 families received compensation for a total amount of 100 million dollars. For the end of this year we hope that 15.000 more families will receive compensation for a total sum of 150 million dollars. Similarly it is important to mention that there has been progress with regards to the struggle against impunity, especially the issue for the sentencing for crimes against trade unions members. From 10 sentences in 2002 we now have 217 in 2009. Finally, with great satisfaction, I would like to refer to a figure which reaffirm that in Colombia, in spite of the difficulties we are facing, freedom of association, expression and opinion are fully supported. This figure has to be seen in more than 15 millions Colombians who exercised, the last 30th May, their right to vote with full democratic guarantees and in the context of the more safe and peaceful elections of our recent history.”

. 15th HRC session - 23 September 2010

“The vice President Angelino Garzón is committed since the beginning to consolidate a comprehensive policy to promote and protect human rights and to develop the National Human Rights Action Plan. In relation to the fight against all forms of discrimination I wish to underscore what done by that the Human Rights Observatory diagnosis on the situation of communities afro-descendents and diagnosis on indigenous communities. This would enable to move forward in implementing policy and drawing more effective programme to promote the rights of this people. In the field of dialogue with civil society and the protection of its leaders we continue to work with civil society for the protection of their leaders. The president of Republic has announced that a bill will be drawn up to allow for the handing over of land to the victims of violence with the clear commitment to seek practical and effective redress and another initiative to promote the adoption of a law on the reparation of victims using a comprehensive approach. During the current year in the framework of the Law Justice and Peace 120 days of care for victims have taken place at he benefit of 19.000 people. Colombia continues to make progress on the recommendations and commitments to fight against impunity for grave violations of human rights. We can say before this Council today that the executors of the assassination of the indigenous leader Edwin Legarda has been condemned to 40 years in prison by the Colombian justice.”

. 16th Session of the Human Rights Council - March 18 2011

“Currently we are working on the fifth national report of the state of implementation of the Universal Periodic Review. In connection with the most recent developments concerning the implementation of the Universal Periodic Review in Colombia, in December 2010 the National Congress adopted the law endorsing the protection of all persons against enforced disappearances. Also, just recently, the High Commissioner’s Office received a detailed report concerning the state of implementation of 73 recommendations made by that office, by the treaty bodies and the special procedures to Colombia."

. 17th Session of the Human Rights Council – June 9 2011

“ Colombia is faithful to its voluntary commitment to report periodically on progress made on implementation of the UPR, therefore, in May published the fifth report on implementation on the recommendations accepted and voluntary commitments given in the context of the UPR. The report is available in the website of the Presidential Program for Human Rights of the government. […] I would like to underscore there is links to the rights of the victims of violence in Colombia, on the 31st of December 2010, administrative compensation has been provided to more than 16,000 families amounting to a sum of 170 million dollars. The process which began in 2005 with the Justice and Peace Act enable Colombia to have a measure to provide real assistance to victims and the National Congress recently adopted the law on victims and land restitution. That Act is the most ambitious project for reconciliation through the institutionalization of a government policy to provide care, assistance, comprehensive reparation and guarantees of non repetition to more than 4 million victims of violence."

• NGOs

. 14th HRC session - 11 June 2010

Colombian Commission of Jurists:

“In Colombia’s UPR in December 2008 it was recommended to step up efforts to reduce poverty and inequality focusing especially on indigenous, afro descendents and IDPs. Several of these recommendations were included in May this year in the final observations of the Committee on Economic, Social and Cultural Rights, after the presentation of Colombia’s report. These conclusions show that the situation of three years ago still persists. The Committee denounced the continuation of the armed conflict in Colombia, denied by the government, and expressed its concerns for the civilian population in this context. Also it states the absence of prior consultations among the indigenous and afro descendents people affected by projects infrastructure, development and mining sectors. The Committee is also concern for the conclusion of trade agreements that could affect the rights of the population, in particular ethnic minorities and people living in poverty, as well as the high number of people that still live in poverty, despite the recent economic progress. They also recognize the persistence of violence against women, the lack of free primary education, the high level of malnutrition and land issues. Within the Committee recommendations, some call upon the Colombian government to re-open the participatory discussion process over the adoption of a National Action Plan on Human Rights, to further the adoption of a protection policy for the civilian population and their rights within the armed conflict, to launch an agricultural reform and the ratification of the Optional Protocol to the international Convention of Economic, Social and Cultural Rights. The results of the Committee highlight the lack of implementation of the recommendations accepted by Colombia in the UPR. For this reason, the Colombian Commission of Jurists call upon the HRC to establish effective mechanisms to follow-up on the implementation of UPR recommendations and particularly in those States, like Colombia, were gross human rights violations still take place.”

. 15th HRC session - 23 September 2010

Colombian Commission of Jurists:

“The Colombian Commission of Jurists would like to show to the Council some of the considerations on the level of implementation of the recommendations made to Colombia in the framework of the Universal Periodic Review. These mostly coincide with the conclusions of the Human Rights Committee following the review of Colombia last July. As an outcome of the Democratic Security Policy we must note the increase in the assassinations by the police forces of approximately 20% of the 16.855 persons killed between 2002-2009. The increase is due to the systematic practice of extrajudicial executions as verified by the Special Rapporteur Philip Alston. That is highlighted also by the cemetery of Macarena (Meta) where almost 500 people were buried without being identified; the police reported on them as fallen in combat. Until June 2008 the paramilitary forces committed 4,300 murders and enforced disappearances following the beginning of the negotiations with the government. The guerrilla has made an average of 300 victims per year and there are 2 new millions of displaced persons. Colombia is the country with the highest percentage of homicides of trade unionists. The impunity of these crimes stands 96% and between January and September 2010 36 were assassinated. With respect to indigenous peoples and unlike what has been said at this Council this week, over the course of 2010 the number of indigenous people murdered stands 83 and few are the steps forward in drawing the programme to guarantee the safety of these peoples. Despite the outlined sentence against the militaries responsible for the homicide of Edwin Legarda, that is not a cause of pride for these state authorities because they denied the commission to be set up in retaliation for the participation of Aida Quilcué, high counsellor of CRIC and wife of Edwin, to this Council. The government limited with Decree 12/90 of 2008 the amount of the compensation to approximately 10.000 dollars in case of homicide and the draft of the victims law submitted this week to the Congress reiterates this limit. The application of the so called Law for Justice and Peace continues to be hampered by the extradition of paramilitary leaders to United States and the lack of final judgments after 5 years. It is also evident the failure in breaking down the mobilization process of 12,000 paramilitaries in 2002 at the following of negotiations of this group with the government. Currently there are 13,000 of them in action. Mr President, the conclusions of the Human Rights Committee and the other four Committees which have reviewed Colombia over the course of the past year clearly point to the lack of implementation of recommendations accepted by Colombia in the framework of the UPR.”

. 16th HRC session - 18 March 2011

Colombian Commission of Jurists:

“In compliance with the recommendations made to Colombia during the Universal Periodic Review and as was announced by the Vice-President to this Council the Government has submitted to the Congress a draft bill concerning compensation for victims of serious violations of human rights and international humanitarian law. Before this bill is adopted the Colombian Commission of Jurists wishes to refer to the structural failings of the bill which seriously limits the rights of victims.

The law will apply only to following 1986 in cases such as expropriation of land. Nor will boys and girls forcibly recruited be able to benefit unless they were released when they were still minors and the victims of expropriation and forced displacements among cities will not be included. In addition, the law deliberately excludes victims of paramilitaries now called ‘emerging gangs’ which are responsible for killing, treats, extortions, acts of sexual violence, forced displacement and at least ten massacres in the last few months of 2010.

This bill has not been sufficiently consulted with victims. It is also worth mentioning the participation of peoples of African descent and indigenous descent who should be guaranteed the right to private consultation.

It is worrying that this bill does not clearly point out sources of the income which is going to be use to finance the measures adopted. Furthermore, political forces from the government coalition insist in establishing fiscal sustainability as a limit and the government has included standards so that the measures which increase the functions State’s institutions should be taken on with the budget already adopted. It is important to establish a consist relationship between the measures to find in the draft bill, the National Plan for Development and budget laws in order to guarantee that the rights of victims will effectively be satisfied.

As to the restitution of land, the draft bill recognizes rights to third parties and good faith concerning areas reserved where they already established system of agricultural, fishing, forestry, agroforestry, production, etc. That means that in most cases the victim would not immediately receive the land but only will be paid an income until a judge decides upon the decision to restore the land or when this assets is considerate affected by projects considerate of being publically useful and of social interest it would be impossible to grant the victims right of justice.”

• Colombia

. Initial report (June 2009) on the implementation of UPR recommendations and voluntary pledges.

. Second report (December 2009)

. Third report (April 2010)

. Fourth report (September 2010)

. Fifth report (May 2011)