Human rights in Colombia refers to human rights topics in Colombia. This covers “the basic rights and freedoms to which all humans are entitled, often held to include the right to life and liberty, freedom of thought and expression, and equality before the law”, in accordance with the United Nations Universal Declaration of Human Rights stating that “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”
Overview
Throughout its history Colombia has suffered numerous wars and civil wars in a struggle to define its political system. Colombia currently suffers an armed conflict involving guerrillas, drug traffickers and government corruption.
During its political process, and due to local population, NGOs and international pressure, policies and laws have been gradually put into effect to guarantee Right to life, Human dignity, prevent state of sieges, improve national security, enforce the Rechtsstaat; promote freedom of the press and democratic freedoms; economic rights, rights to information, social and cultural rights. women, children’s, workers and ethnic minorities rights, most notably established in the Colombian Constitution of 1991.
Despite the constitution and the constant pressure of the International community (including the United Nations, the European Union the United States, and numerous NGOs), political, social and economic radicalism and war have continued to lead to many violations, triggering mass displacements and forced migration.
Actors of the Armed Conflict
According to Amnesty International’s Annual Report 2006, “Although the number of killings and kidnappings in some parts of the country fell, serious human rights abuses committed by all parties to the conflict remained at critical levels. Of particular concern were reports of extrajudicial executions carried out by the security forces, killings of civilians by guerrilla groups and paramilitaries, and the forced displacement of civilian communities.” More than 3.5 million civilians out of the country’s 40 million people have been displaced during the last two decades, according to the Internal Displacement Monitoring Centre.
“Women comprise over 55 percent of Colombia’s internally displaced population (IDP). According to the Profamilia study, conducted from 2000 to 2001, one displaced woman in five is a victim of sexual violence; many suffer unwanted pregnancies.” The victims, as reported by Ms. Magazine, have sometimes resorted to illegal abortions. In 2007, abortion was decriminalized in the cases of rape, when a fetus is expected to die, and when the mother’s life or health is endangered.
According to Amnesty International in Colombia, “Paramilitaries who had supposedly demobilized under the terms of a controversial law ratified in July continued to commit human rights violations, while armed opposition groups continued to commit serious and widespread breaches of international humanitarian law. Individuals who may have been responsible for war crimes and crimes against humanity were not brought to justice.”
The Justice and Peace law, together with other legal mechanisms such as Decree 128, provides legal and economic benefits to demobilized paramilitaries. More than 25,000 paramilitary members are taking advantage of the demobilization process. Amnesty International believes that some have concealed their paramilitary activities by using different names or acting as civilian informers and civic guards.
Human Rights Issues
Political Prisoners
According to the organization Human Rights First Colombia has over 100 “political prisoners” currently jailed for political reasons.
In November 2008 Colombian human rights activist Carmelo Agámez, a member of a non-governmental organization devoted to investigating crimes committed by the Colombian state, was detained by the authorities, accused of conspiring with paramilitaries. Colombian and US human rights organizations say the motive behind the detention is to silent “dissident political voices.” As of November 2009, Agámez was still in jail without trial. According to the NGO Human Rights First the arrest and detention of Agámez has been “marked by a series of inconsistencies and violations” and criticized that he spent “one year in prison without trial”. The Colombian state denies that Agámez’ detention was arbitrary.
Threats Against Labor Activists & Community Organizers
According to several international labour organizations Colombia has the highest level of union-related murders in the world. Between January and November 2010 38 union activists were murdered in Colombia.
Security Rights
Security rights are those that prohibit crimes such as murder, massacres, torture and rape. In Colombia the legislation prohibits murdering and classifies it in two; intentional and unintentional.
Massacres in Colombia are considered by law as the unlawful premeditated assassination of 6 or more people in a single spree and is punishable by prison.
Torture in Colombia is common due to the degradation of the internal armed conflict. According to Amnesty International (AI) the country suffered between July 1996 and June 2001 over 1,200 individual cases of torture, of these over 88% were subsequently killed.
In case of Rape the Colombian legislation protects the rights of the victim, but most of the cases remain under impunity. Most of the cases of rape are related to the Colombian armed conflict and to family member abusing another family member.
In the case of the armed conflict, Amnesty International reported in 2003 for example, that the guerrillas and paramilitaries used rape on the civilian population specially women and children to induce fear and prevent them from aiding the enemy.
Labor Rights
Until around 1990 Colombian trade unions were among the strongest in Latin America. However the 1980s expansion of paramilitarism in Colombia saw trade union leaders and members increasingly targeted for assassination, and as a result Colombia has been the most dangerous country in the world for trade unionists for several decades.
Between 2000 and 2010 Colombia accounted for 63.12% of trade unionists murdered globally. According to the International Trade Union Confederation (ITUC) there were 2832 murders of trade unionists between 1 January 1986 and 30 April 2010.