A/HRC/43/3/Add.3
29.
In order to increase their effectiveness, prevention strategies – such as the
Comprehensive Public Policy on Guarantees for Human Rights Defenders and the
preventive aspects of the current concept for a human rights national action plan – should
refocus on the broad, diverse and inclusive participatory processes they had originally
envisaged. Furthermore, the authorities should focus on identifying and comprehensively
addressing structural causes of violence that affect human rights defenders.
IV. Access to justice and the fight against impunity
A.
Integrated System for Truth, Justice, Reparation and Non-recurrence
30. OHCHR observed progress in the implementation of the Integrated System for Truth,
Justice, Reparation and Non-recurrence established under the peace agreement. Throughout
2019, the system extended its territorial reach through the establishment of 66 field
presences, facilitating victims’ participation.
31.
The mechanisms of the Integrated System made positive efforts to include an ethnic
perspective in their work in order to guarantee prior, free and informed consent, in
accordance with international norms and standards. Protocols on relations with indigenous
peoples, and for coordination between the special indigenous jurisdiction and the Special
Jurisdiction for Peace, were adopted. Furthermore, indigenous peoples had central roles in
processes regarding the clarification of truth and the search for disappeared persons.
1.
Special Jurisdiction for Peace
32.
OHCHR welcomed the approval of the statute (ley estatutaria) on 6 June which
provides the Special Jurisdiction for Peace with a firm legal standing. OHCHR provided
technical advice to the Special Jurisdiction for Peace that ensure its procedures would
comply with international human rights norms and standards, in particular on victims’
participation, protection of archives and restorative justice. Key advances were observed in
relation to cases of gross human rights violations prioritized by the Special Jurisdiction for
Peace (known as macro cases),20 for example the recovery of victims of alleged arbitrary
deprivation of life and enforced disappearance buried in Dabeiba, Antioquia. OHCHR
encourages the prioritization of additional macro cases, such as those involving sexual
violence and enforced disappearance.
33.
On 3 September, the Special Jurisdiction for Peace excluded seven former FARCEP commanders from its jurisdiction, owing to their non-compliance with prerequisites
established in the peace agreement. The Office of the Attorney General has taken on and
prioritized investigations into alleged crimes committed by these persons.
34.
Threats and attacks against victims and their families, as well as against alleged
perpetrators and their representatives involved in proceedings before the Special
Jurisdiction for Peace, were reported to OHCHR. Guaranteeing the security of all
concerned, particularly through comprehensive protection measures and by systematically
and effectively investigating such threats and attacks, remains urgent.
2.
Special Unit for the Search for Persons Deemed as Missing in the Context of the
Armed Conflict
35.
OHCHR recognizes the efforts of the Special Unit for the Search for Persons
Deemed as Missing in the Context of the Armed Conflict to prioritize the participation of
families. It commends the participation of victims, including those in exile, and of civil
society organizations, LGBTI persons and organizations, ethnic groups and State
institutions in the formulation of the National Search Plan.
36.
The Special Unit and the National Institute of Forensic Medicine coordinated with
each other to locate disappeared victims and address challenges in the identification and
custody of unidentified bodies. OHCHR recognizes the collaboration of former members of
20
6
See https://www.jep.gov.co/Infografas/conozcalajep.pdf.
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