A/HRC/4/48
page 8
Kankuamo, reported as having died in combat in 2003. The Office also initiated proceedings
against an army NCO and six soldiers for the death of five peasants in Cajamarca (Tolima) in
2004. The report of the Truth Commission, set up by the Supreme Court to shed light on the
events of 1985 in the central court in Bogotá, was published, and revealed that serious crimes
had been committed by the guerrillas and members of the security forces who clashed there.
Likewise, a former colonel was arrested and charged with the enforced disappearance of two
persons who had left the court alive. In April 2006, the Procurator General’s Office suspended a
retired army general and a colonel for 90 days for failing to provide due security for the
inhabitants of the peace community in San José de Apartadó. These are positive steps in the
fight to combat impunity. It is essential to proceed with the investigation of all reports of human
rights violations that have yet to be investigated and to sanction all violations.
22.
The Ministry of Defence, with the support of the OHCHR Office, initiated the
implementation phase of the recommendations that emerged from the study carried out by
independent experts to strengthen the training of members of the security forces in human rights
and IHL. These recommendations refer particularly to orders for operations, analysis of lessons
learned, training methodologies, control mechanisms and rules of engagement. Likewise,
substantial progress has been made in the training of operational legal advisers, and the
appointment of high-ranking officers as inspectors in each division. It is hoped that these efforts
will directly result in the substantial reduction of serious violations and breaches by members of
the security forces.
23.
In spite of the progress achieved and the increase in resources allocated, the situation of
persons displaced for reasons relating to the armed conflict is a continuing source of concern.
According to the Constitutional Court, the unconstitutional state of affairs has not been
overcome, and the grave humanitarian crisis affecting these persons persists.5 The downward
trend in the number of displaced persons observed since 2002 continued in 2006. The
underreporting of cases of displacement continues to be very common; however, a positive
factor is that the High Presidential Advisory Office on Social Action has recognized that the
total figure for displaced persons between 1985 and 2005 amounted to 3 million. It is essential
that progress be made in the implementation of lasting solutions with a differentiated and
gender-sensitive approach, and that special attention be paid to the right of displaced persons to
reparation and, in particular, the restitution of their property.
24.
The State outlined a strategy for investigating cases of human rights violations and
breaches of IHL involving trade union members. This initiative is based on the “Tripartite
agreement on the right of association and democracy”, signed by the Colombian delegation to
the 95th ILO Conference, made up of representatives of Government, workers and employers.
The Government undertook to make a contribution of 5 million dollars. Worthy of mention
too is the assignment of 13 specialized prosecutors to these investigations, and the significant
increase in the budget allocation for the Government’s protection programme.6
5
Constitutional Court decision No. 218, August 2006, regarding the implementation of
ruling T-025.
6
In 2006, the budget allocated to the Protection Programme increased by about 30 per cent, and
the total amount was paid with resources from the national budget.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents