A/HRC/13/72
73.
Members of security forces continued to intermittently occupy schools, homes or
other civilian premises, and set up military posts nearby. To the extent that these are
deliberate actions, it is necessary to thoroughly review the reasons why the training
received in international humanitarian law is being ignored, and why soldiers on the ground
do not comply with directives issued by the Ministry and the army command.
74.
In some areas, the progressive militarization of civilian life and the involvement of
civilians, including children, in intelligence work or military actions are putting civilians at
risk of being threatened and attacked by guerrilla groups. It is thus imperative that the
governmental coordination mentioned in Presidential Directive No. 01 of March 2009 on
territorial consolidation, which includes civilian and military actors, fully respects the
precautionary approach and the “do no harm” principle, securing the humanitarian space
necessary to assist civilians.
75.
OHCHR-Colombia welcomes Constitutional Court Sentence C-728 of October
2009, which urged Congress to adopt a law on conscientious objection to military service.
K.
Forced displacement
76.
Forced displacement continued to increase in 2009, although at a lower rate than in
past years, with a continuous under-registration of cases. Forced displacement occurred
throughout the country, with higher frequency in areas of hostilities. In 2009, the impact of
forced displacement by illegal armed groups in the departments of Antioquia, Córdoba,
Chocó and Nariño were particularly worrisome.
77.
In early 2009, the Constitutional Court issued Order 008 of 2009 to follow up on
Sentence T-025 of 2004 evaluating how the Government addressed forced displacement
and assisted internally displaced persons. The Order underscored the persistence of the
“unconstitutional state of affairs” assessment and noted the absence of effective public
policies to prevent displacement. OHCHR-Colombia encourages the processes that have
been initiated in response to Sentence T-025, which should include the Procurator General,
the Ombudsman and civil society organizations.
78.
The Early Warning System continued to be underutilized. Although the number of
risk reports issued in 2009 was similar to that in 2008, fewer actions were taken in 2009.
There continued to be mass displacements in regions where early warnings and/or risk
reports were ignored, or imperfectly implemented by the Inter-institutional Committee for
Early Alert. The financial commitment made by the Government in 2009 to cover the
budget of the system with national resources is welcomed.
79.
Land grabbing by illegal armed groups is a decisive element in many displacement
situations. Displaced populations may have lost between 1.2 million to 10 million hectares
of land as a direct result of displacement.20 Most of these lands remain in the hands of
perpetrators and their proxies. The numerous threats against, and murders of, leaders or
participants in processes for the restitution of land that have been registered are a matter of
great concern.
20
GE.10-11819
Follow-up Commission about public policies on forced displacement. Sixth report to the
Constitutional Court, National Verification Process, June 2008.
15
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