A/HRC/16/22 recruitment and use of children, and threats. In several cases, these groups, in particular FARC-EP, took direct action against the civilian population, using prohibited weapons and anti-personnel mines, and attacking civilian premises and property. Most breaches were recorded in remote areas of the departments of Antioquia, Arauca, Caquetá, Cauca, Córdoba, Meta, Nariño, Norte de Santander and Putumayo. 78. In October, a public statement specifically declaring that the group would observe international humanitarian law was attributed to ELN commander Nicolás Rodríguez Bautista, alias “Gabino”. This is the first declaration of this sort by ELN that has come to the attention of OHCHR-Colombia. The office is not aware of any similar declaration from FARC-EP. 79. OHCHR-Colombia notes with particular concern breaches of the principle of distinction in the hostilities perpetrated by guerrilla groups, in particular FARC-EP, which has resulted in the death and injury of numerous civilians. For example, in Toribío, Cauca, FARC-EP carried out numerous attacks throughout the year, resulting in 3 dead and 20 injured civilians. 80. Teachers were also the victims of attacks and violent actions in 2010 by guerrilla groups.23 For example, persons identified as members of ELN killed the director of a school in Caldas. 81. The indiscriminate effects of anti-personnel mines continue to cause great harm to the civilian population. Despite this, the Presidential Programme on Human Rights and International Humanitarian Law recorded a decrease of 51 per cent in the number of antipersonnel mine-related incidents and accidents, in comparison with 2009.24 82. Guerrilla groups also carried out attacks that caused unnecessary suffering to combatants. For example, existing evidence indicates that FARC-EP used explosives packed with nails and shrapnel and allegedly executed an injured policeman during an attack on a National Police truck in El Doncello, Caquetá. 83. Both FARC-EP and ELN continued to take hostages. For example, FARC-EP held the Government Secretary of Arauquita, Arauca captive from February to May, and ELN was responsible for kidnapping four female human rights defenders in Teorama, Norte de Santander for two weeks in July. 84. Children and youth continued to suffer from “extensive, systematic and habitual” abuses by guerrilla groups.25 For example, in February, FARC-EP forced a meeting with the inhabitants of a municipality in Antioquia to conduct a census of the children, in order to recruit those over 8 years old. On numerous occasions, children used by guerrilla groups were killed during armed confrontations and other actions, such as the case of a 12-year-old boy who died in March when allegedly being used by FARC-EP to place an explosive artifact in El Charco, Nariño. 85. OHCHR-Colombia recalls that the line between forced and voluntary recruitment of children is legally irrelevant and that the concept of “use” should be interpreted as broadly as possible. Illegal armed groups are required, under any circumstances, to avoid incorporating, or to refuse the incorporation of persons under 18 in their ranks, and must avoid using them in hostilities, or in support functions, such as cooks or messengers. The 23 24 25 14 The Presidential Programme on Human Rights recorded the killing of 24 teachers between January and October, up 50 per cent from 2009. A total of 758 between January and November, 1,556 in 2009. Report of the Secretary-General on children and armed conflict (A/64/742 – S/2010/181).

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