A/HRC/31/3/Add.2
actors. Various types of surveillance of and information theft perpetrated against human
rights defenders coincide with key moments in criminal proceedings.
82.
The third target are social and political leaders. Leaders of the Marcha Patriótica and
Congreso de los Pueblos movements received threats and were subjected to surveillance on
the basis of their stigmatization as having links with guerrilla forces. In a widely broadcast
television programme, a recognized indigenous leader was accused of supporting guerrilla
forces. In another case, an army officer publicly accused a campesino organization of links
with FARC-EP given its support for a ceasefire.
83.
Finally, peace activists were subjected to persecution. Persons and organizations that
participated in victims’ dialogues in Havana received threats.
84.
Since 1997, OHCHR-Colombia has observed that human rights defenders have been
repeatedly arrested and deprived of their liberty, in some cases for years, only to be freed
for lack of evidence. Arbitrary and illegitimate use of the justice administration to impede
or punish human rights action not only violates human rights but also undermines
democracy, the rule of law and judicial independence.
85.
In 2015, OHCHR-Colombia observed that six investigations of human rights
defenders were opened by the Counter-Terrorism Directorate of the Attorney General’s
Office on the basis of inadmissible military intelligence or informant information. In one
case in 2015, four defenders were charged with kidnapping 26 police during the 2013
agrarian social protests. OHCHR-Colombia and the Ombudsperson’s Office had directly
observed those demonstrations and verified that those leaders had ensured the liberation of
the police, who were being held by others. The damage caused by the National CounterTerrorism Directorate and military intelligence when they seek to prosecute defenders
solely on the basis of their legitimate work cannot be underestimated, especially in the
context of the peace process. This contrasts with the lack of results in investigations into
attacks against defenders.
86.
The observations of OHCHR-Colombia reconfirm the need for greater national
preventive and protective action for human rights defenders, and the failure of local
authorities to develop preventive policies and strategies.
C.
Gender and sexual diversity
87.
Peacebuilding requires the State and society to overcome gender stereotypes,
violence and discrimination against women and lesbian, gay, bisexual, transgender and
intersex persons, to ensure their full recognition and participation as rights holders and their
quality access to justice.
88.
Women represent 50.6 per cent of the population but do not enjoy their rights
equally with men. According to the United Nations Entity for Gender Equality and the
Empowerment of Women (UN-Women), women represent 21.2 per cent of legislators, 31.2
per cent of ministers, 15 per cent of governors and 12 per cent of mayors. The
subcommission on gender created as a result of the negotiations in Havana has played an
important role. However, it is important to ensure greater participation by women in the
peace process.
89.
According to the National Institute of Legal Medicine and Forensic Science,
violence against women is generalized. About 85.57 per cent of victims of intrafamily
violence are women, as are 85.08 per cent of alleged victims of sexual violence. State
policies and mechanisms to mainstream women’s rights require political, technical and
budgetary strengthening. OHCHR-Colombia welcomes the broad categorization of crimes
against sexual liberty and integrity applied by UARIV when registering victims.
16
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