A/HRC/16/22 effort, but considers it insufficient, and insists on the need to develop specific measures with respect to military discipline, including: command responsibility; repudiation of myths that encourage sexual violence; preventive background checks on military personnel; immediate response protocols; protection measures for victims; and the enabling of judicial and disciplinary investigations. 62. The Attorney General did not make progress in investigations of sexual violence. According to the Round Table of Non-governmental Organizations that monitors compliance with Constitutional Court Order 092 of 2008, out of a sample of 40 cases, only five led to a conviction, two continue on trial and one is awaiting sentence.20 63. In addition, the supervision of the Procurator General in these proceedings is weak. However, the decision adopted in July to remove from office seven junior police officers from the National Police for sexual abuse committed in June 2009 against a displaced 13year-old girl in the Parque Tercer Milenio in Bogotá, is noteworthy. 64. 2011 will mark 10 years since the last visit to Colombia of the Special Rapporteur on violence against women, its causes and consequences. OHCHR-Colombia suggests that the Government extend an invitation to this Special Rapporteur, as well as to the Special Representative of the Secretary-General on sexual violence in conflict, to assess compliance with the recommendations formulated in 2001 and to receive new recommendations that contribute to the full realization of the human rights of women. J. Discrimination 65. Organizations advocating for the rights of persons with disabilities are not receiving sufficient support from the relevant authorities. Colombia is still not a party to the Convention on the Rights of Persons with Disabilities, although Congress completed the legislative process on 31 July 2009 and the Constitutional Court issued a positive opinion on 21 April 2010. Ratification of the Optional Protocol is also pending. 66. In November, the Constitutional Court did not decide on the substance of a lawsuit related to the right to same-sex marriages. OHCHR-Colombia believes that granting this recognition would reflect the highest standards of human rights, whereby all types of marriages and families deserve protection from the State, by virtue of the principles of equality and non-discrimination. 67. Colombian NGOs reported the threats and the killing of 50 lesbian, gay, bisexual and transgender persons. Impunity of such cases remains very high. For example, of 99 cases reported in 2006-2007, 29 are currently under investigation and only one sentence has been handed down.21 68. OHCHR-Colombia welcomes the fact that a draft act to sanction acts of racial discrimination is under discussion in Congress. K. Indigenous peoples and Afro-Colombian communities 69. The rights of indigenous peoples and Afro-Colombian communities are still disproportionately violated in the context of armed conflict. In particular, their rights to life, territory and culture are being threatened by the presence of armed actors on their lands. 20 21 12 “Third monitoring report on Court Order No. 092 of 2008” (June 2010). See www.dejusticia.org/interna.php?id_tipo_publicacion=2&id_publicacion=816. Information provided by Colombia Diversa, December 2010.

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