A/HRC/4/48
page 9
25.
The Ombudsman’s Early Warning System continued to contribute to the prevention of
violations and breaches. At the same time, its impact continued to be limited by the absence of
timely and efficient responses by the Inter-institutional Committee on Early Warnings. It is also
essential that the responses to the warnings place more emphasis on the humanitarian aspects
than on military aspects. The community defenders continued to represent another valuable
prevention mechanism of the Ombudsman’s Office.
26.
In accordance with the recommendations regarding statistics on human rights and IHL, a
redoubling of efforts is needed in order to improve the assessment of this situation and thus
create a more adequate basis for the formulation of public policies for strengthening human
rights.
27.
Regarding legislative advances, it is worth mentioning the promulgation of the Statutory
Law on Habeas Corpus and the Code on Childhood and Adolescence. Still going through
Congress are various bills on issues relating to the protection and guarantee of human rights.
They relate to: violence against women; punishment of acts of discrimination based on race,
nationality, culture or ethnicity; and social security benefits for same-sex couples. The OHCHR
Office acknowledges the political value of the Committee of Women Parliamentarians, set up for
the purpose of promoting legislative initiatives to further the fulfilment of women’s rights.
III. DEMOBILIZATION AND REINTEGRATION PROCESS
28.
The Constitutional Court reviewed the constitutionality of Act No. 975 of 2005, the
“Justice and Peace Law”, by means of a decision consistent with several of the observations on
this law expressed by the High Commissioner and the OHCHR Office in Colombia. In its
decision, the Court decreed that, as a prerequisite for judicial benefits, confession must be
complete and truthful; the accused must declare, jointly or severally, all their legally or illegally
acquired assets; and classification as a victim must be broader than that originally established in
the law. However, with regard to the legal framework applicable to demobilization and
reintegration, concerns persist regarding actual guarantees of the rights of the victims to truth,
justice and reparation, the cumulative nature of penalties, and the determination of an alternative
penalty. Effective implementation of the law would require greater resources and mechanisms
that guaranteed the rights of victims. The institutional commitment and political will of the
authorities are of fundamental importance in order to prevent the application of transitional
justice mechanisms from generating situations of impunity.
29.
According to the Office of the High Commissioner for Peace, the total number of
collectively demobilized paramilitaries reached 31,671. However, a high percentage of
demobilized persons were not participating directly in the hostilities, and some paramilitaries
continue to shun demobilization, such as the Casanare Rural Self-Defence Group and the
Cacique Pipintá Front. Most of the paramilitary leaders are detained in a high-security jail.
Particularly disturbing is the fact that many middle-level paramilitary cadres did not demobilize,
or rearmed, and are now leading the new illegal armed groups that have been emerging in
various parts of the country. These are characterized by close identification with organized
crime and drug trafficking. It is a source of concern to the High Commissioner that political and
economic structures created by paramilitaries in various areas and sectors of society remain in
existence.
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