A/HRC/10/82
Page 7
19.
Chile highlighted the State’s openness and cooperative attitude, allowing in-depth
analysis and transparent cooperation with other States. It understood the State’s complex
situation, and highlighted the Government’s efforts to curb violence and crime. There has been
important progress in demobilizing irregular combatants, and tackling violence against union
members and human rights defenders, but figures remain high. It urged redoubling of efforts to
protect the latter, and highlighted concerns about the need for prompt, objective and impartial
justice, protecting the rights of victims and those under prosecution. Chile asked about measures
to effectively implement the advanced norms that criminally define forced disappearances;
actions to counteract forced recruiting by non-State and State actors; the current status of
children recruited to serve as combatants or informers; the implementation of plans to reinsert,
rehabilitate and provide reparations to demobilized child soldiers; and the legal situation of
displaced populations with regard to the tenancy of their lands, if there are any ongoing
programmes to address this situation. Chile recommended that Colombia (a) ensure that human
rights abuses are appropriately investigated and that those responsible are processed and
sanctioned by civil courts; grant better facilities and financial resources to the judiciary to
accomplish this task efficiently; and ensure effective implementation of the July 2008
Constitutional Court sentence on the subject; (b) prevent anyone in the military, paramilitary or
guerrilla forces accused of grave human rights violations and crimes against humanity from
benefitting from the amnesty laws; (c) take measures to prevent those involved in law
enforcement, politics, the Government and civilians in general from being involved in illicit
activities with illegal armed combatants; (d) repeal administrative measures that promote acts
that undermine human rights, such as the indiscriminate use of rewards to civil informants or (e)
incentives for the military in accordance to the number of deaths inflicted in combat; (f) take
measures to ameliorate the effects of the displacement of civilians as a consequence of armed
fighting, ensuring their return when zones have been pacified and adopting immediate measures
for the restitution of lands and/or adequate compensation for those who have lost their lands.
20.
Spain acknowledged the progress in defending human rights and fighting impunity. It
recommended that Colombia (a) give priority to the fight against criminal gangs and emerging
bands and, in this context, investigate threats and attacks on human rights defenders from these
bands and grant them the necessary security guarantees ; (b) in the context of the tragic events
related to the discovery of the bodies of 11 young people in the area of Ocaña, and cases known
as “false positives”, expedite the designation of persons within all military units responsible for
promptly dealing with claims against any actions by units, or the individuals that compose them,
which are contrary to fundamental rights; (c) achieve a broad consensus to approve the law
establishing a statute for victims of conflict and ensure that this law leads to effective reparations
for all victims, especially victims of the State; (d) find a formula to solve the gaps in the Justice
and Peace Law and allowing for a legal response to the situation of legal limbo in which many
thousands of ex-members of Autodefensas Unidas de Colombia (AUC) find themselves while
they await trial; (e) ensure a dialogue with important sectors of civil society, leaving aside
stigmatizing speech and anything that would be unjustified on one side or the other; in this
context, it was especially important to finalize the agreed national human rights plan of action.
Spain also asked about policies adopted for protecting indigenous peoples, effectively providing
for them and allowing access to their land, conservation and preservation of their ancestral lands;
the status of approval of laws for victims and measures taken to consider State victims; the data
offered with regard to recruiting minors by illegal armed groups, measures taken to reduce the
impact of these forced recruitments and the general policy adopted by the Government; and
policies planned to take care of displaced minors.
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