A/HRC/10/29
alarmed by the high number of those who continued to be threatened and intimidated in
relation to their work. They asked that Colombia provide journalists who are threatened and
attacked with adequate guarantees of their safety, urging the Government to take measures
ensuring that such journalists were not further endangered by comments made by public
officials that could exacerbate threats and violence against them. The State must not only
encourage investigations of such crimes but ensure that such prompt, independent, thorough
and impartial investigations are held. The pertinent institutions must speed up outstanding
investigations and bring to justice those who had committed crimes against journalists.
652. Conscience and Peace Tax International noted that Colombia rejected the
recommendation to recognize the right of conscientious objection to military service. It
reminded Colombia that no domestic legislation or constitutional provisions could override
its international treaty obligations, and that article 93 of the Constitution stated that such
obligations had priority over domestic law. It cited the decision of the Human Rights
Committee in 2006 that conscientious objection to military service was a protected
manifestation of religious belief under article 18 of the International Covenant on Civil and
Political Rights. With specific reference to Colombia, in a 2008 opinion concerning cases
of forcible recruitment, the Working Group on Arbitrary Detention had found all three
cases to constitute arbitrary detention. With regard to two conscientious objectors, it
believed that their recruitment was in breach of article 18 of the International Covenant and
a clear violation of their affirmation of conscience. It called on Colombia to urgently
reconsider its position on this issue.
653. Action Canada for Population and Development stated that the Colombian court
decision giving homosexual couples the same rights as heterosexual couples remained a
dead letter. It noted also the non-implementation of a Human Rights Committee decision
that a homosexual man should be allowed to receive his partner’s pension. Regarding
police abuses, it supported OHCHR comments on the murders of transvestites and
supported statements by the World Organization against Torture on crimes against
transvestites. It called on the Fiscalía General de la Nación to create a specific unit for hate
crimes. It also raised concerns about intersex children, who were dismissed from school and
even sent away by their families. It called on Colombia to accept the recommendation by
the Czech Republic that it provide funds to implement court decisions, establish a followup plan for the implementation of human rights and develop policies ensuring equality for
gays and lesbians.
654. Amnesty International noted that many interventions during Colombia’s review
reflected concerns repeatedly expressed by Colombian and international human rights
organizations, OHCHR and the Inter-American Commission on Human Rights. It also
noted the widely shared acknowledgement that the human rights and humanitarian situation
in Colombia remained serious, as it remained in the midst of an armed conflict and
paramilitary groups continued to operate despite the Government’s stated efforts to
demobilize them. It welcomed the acceptance of most recommendations, but regretted the
rejection of key ones, and asked the Government to reconsider its position, such as to
accept the jurisdiction of the Committee on Enforced Disappearances, to ratify the Optional
Protocol to the Convention against Torture, to withdraw the declaration on article 124 of
the Rome Statute, and to end the “soldiers for a day” programme, which threatened to drag
civilians further into the conflict. Amnesty International welcomed the Government’s
commitment to urgently implement in full OHCHR recommendations, but noted the failure
of successive Governments to do so. It recommended that the Council adopt measures to
ensure effective monitoring of progress in this regard, in cooperation with civil society.
655. The International Federation of Human Rights Leagues expressed concern that
negotiations with paramilitaries had not resulted in the effective dismantling of the
structures and that the Government denied this fact. It noted OHCHR concerns that
194
GE.09-17451
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