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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