A/HRC/10/32
page 19
67. Public accounts of the sufferings of those kidnapped by FARC-EP and of the families of
victims of extrajudicial executions have generated a feeling of revulsion and solidarity
throughout Colombian society. The media has helped to create social awareness and the
international community has supported the initiatives to protect and promote victims’ rights. This
has allowed victims’ organizations to achieve greater visibility and effectiveness in their work.
68. There has been some progress in uncovering the truth about past crimes, and this has
helped to develop a better social understanding of the importance of guaranteeing the right to
truth. The versión libre proceedings under the Justice and Peace Act have confirmed the human
rights violations previously reported, and allowed many victims to recover their memories and
mourn their dead. Nonetheless, problems such as the slow pace of court proceedings, the lack of
cooperation by those facing charges under the Act or even their failure to attend sessions, and the
inadequate involvement of victims in the sessions, must be addressed as a matter of urgency.34
69. Another important initiative in this area is the report of the National Commission for
Reparation and Reconciliation (CNRR), published in September 2008, on the crimes committed
in Trujillo (Valle del Cauca) between 1988 and 1994, which documents offences of homicide,
torture and enforced disappearance against 342 victims. The report found ELN, the paramilitary
organizations and members of the security forces to be responsible for these crimes.35
70. The right to justice continues to be impaired by prevailing impunity, lack of access to
justice, and structural flaws in the administration of justice. These impairments are also visible in
the judicial procedures established under the Justice and Peace Act.
71. The protection of victims and their organizations continues to present a challenge, one that
must be met by the competent authorities with decisive and effective action.
I. Economic, social and cultural rights
72. Poverty, extreme poverty and inequity continue to be of concern, notwithstanding the
Government’s poverty-reduction programmes. Poverty affects indigenous communities
particularly, along with Afro-Colombian groups, internally displaced persons, women, persons
with disabilities and children. OHCHR Colombia received reports noting with concern that
limited enjoyment of the right to food has led to malnutrition in some communities. Likewise,
limited availability of housing and precarious employment are also of concern.
73. With the reform of the legal framework regulating strikes, important international
principles have been incorporated into domestic law. For instance, it is now for courts to decide
on the legality of strikes, rather than the Government as was previously the case, and the
acceptance of both parties is now required before an arbitration tribunal may be called to resolve
34
According to the Attorney-General’s Office, out of the 168,090 victims registered at the time
of writing, only 18,839 have been able or willing to attend these sessions.
35
National Commission for Reparation and Reconciliation (CNRR), “Trujillo, una tragedia que
no cesa” (“Trujillo, a never-ending tragedy”), historical note.
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