A/HRC/31/3/Add.2
32.
The High Commissioner supports the premises of the peace agreement on solving
the problem of illegal drugs, which highlight the human rights impact of producing crops
for illicit use and its relationship with poverty, marginalization, weak State presence and
criminal activity. He also values the decision to develop a participatory human rights-based
response, with a localized focus, recognizing the ancestral uses of coca and differentiating
between consumption, coca growing and organized crime. A public health approach to
address consumption, and the promotion of alternative, dignified livelihoods, together with
the dismantling of criminal networks, represent an appropriate strategy to improve living
conditions throughout the country.
33.
In the context of the health effects of the use of glyphosate in coca crop eradication,
confirmed by the World Health Organization, and the agreement on illegal drugs concluded
in Havana, the national council on narcotics took the precautionary measure of suspending
glyphosate use from October, and offered incentives for campesinos to cease coca
cultivation.
34.
OHCHR-Colombia continued to advise the Government on action to confront illegal
mining and its social and human rights effects. A major expansion of such mining on the
Pacific coast was especially detrimental. The situation of the Renacer Negro Community
Council in Cauca exemplifies how gold extraction opportunities and State abandonment
attract armed actors and outsiders, weakening community organization and control and
affecting the environment. The comprehensive measures agreed to by the Government and
the Afro-Colombian women of northern Cauca affected by illegal mining were partially
implemented but the dialogue was suspended. Illegal mining presents complex challenges
that require an integrated response similar to that proposed for addressing illicit crops.
Differentiating between organized crime and other actors, fulfilling human rights and
ensuring participation are essential, as is addressing the relationship between corruption and
omission by certain authorities.
C.
Institutional architecture
35.
OHCHR-Colombia observed that State institutions faced ongoing difficulties in
effectively implementing their legal mandates and ensuring that their action closes the gap
between law and public policy and the genuine enjoyment of rights, especially in conflictaffected zones. Those difficulties are especially pronounced when interinstitutional
coordination is required. OHCHR-Colombia provides advisory support for the nearly 50
State entities that comprise the National System for Victim Support and Reparation.
Differences in the vision and interests of these institutions block implementation and dilute
both responsibility and accountability, generating frustration and disempowerment among
victims.
36.
Institutional effectiveness, efficiency and credibility are also undermined by the
perception of corruption, a lack of transparency and the impact of 50 years of conflict on
institutional culture, which contributes to the stigmatization of human rights defenders and
social, ethnic and political actors. The lack of transparency, including in the security sector,
is disproportionate, undermining accountability and the right to participate in public affairs.
Proposals for overcoming those challenges are listed below.
1.
Human rights indicators
37.
The High Commissioner welcomes the inclusion of references to the rights-based
approach in the National Development Plan 2014-2018 and the instruction to apply the
approach to all public policy. Nonetheless, development plans and budgets continue to have
a sectoral focus oriented more towards implementing budgets than guaranteeing rights. This
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