SITUATION OF HUMAN RIGHTS DEFENDERS
Updated as of May 2011
In 2010-2011, serious attacks continued against human rights defenders in Colombia, including numerous assassinations. Likewise, the climate of constant intimidation, threats and harassment continued against human rights defenders and their organisations. Among the most affected groups of defenders were those working for truth, justice and reparation and land restitution, indigenous and peasants leaders, environmental defenders, leaders and members of trade unions, defenders of LGBTI persons, and organisations and journalists who denounced human rights violations.
Political context
On May 30, 2010, presidential elections were held in Colombia, after the Constitutional Court declared unenforceable a referendum to modify the Constitution for a second time, with the aim of permitting President Álvaro Uribe Vélez to stand for re-election. The winner of the election was U Party (Partido de la U) candidate, Mr. Juan Manuel Santos, who took up office as President on August 7, 2010. Mr. Santos was a Government Minister during the administration of Mr. Uribe Vélez and is from the same party as the outgoing Government. However, during his administration he promoted a more respectful climate towards other branches of the State, including the judiciary and the work of the Supreme Court, which had been relentlessly attacked by Mr Uribe.
In terms of human rights, the numbers of so-called “false positives” - extrajudicial executions attributed mostly to the military in which civilians are presented as killed in battle although in reality they are outside the conflict - have decreased since they came to public light1. Furthermore, the presentation and promotion of a Bill on Reparation to Victims and Land Restitution was another important step forward2. While this bill has several flaws3, it is noteworthy that for the first time a project is being promoted that will include victims of the guerrillas, the State and paramilitary groups and which aims at restoring land to those who were violently dispossessed. However, despite the importance of this bill, Colombia remained the second country in the world with the largest number of displaced persons4 and the land restitution policy demonstrated a lack of security guarantees for its beneficiaries, since some victims who attempted to return to their lands have were threatened or even killed, as well as human rights defenders accompanying the communities in the process of land restitution.
Moreover, in 2010 proceedings began against several officials of the Department of Administrative Security (Departamento Administrativo de Seguridad - DAS) for committing crimes through intelligence activities such as illegal wiretapping, interception of emails, theft of computer files, harassment, unfounded judicial proceedings and even murders against human rights defenders, journalists, trade unionists, political opponents and even judges and members of international organisations5. While the initiation of judicial proceedings represented a step forward, as of April 2011 there were still many obstacles in establishing the responsible parties, including insufficient investigation of suspected links between the DAS and the President’s office6, the authority to which the DAS is accountable and which directly appoints its Director.
In general, the number of human rights defenders who continued to face murder, death threats, judicial harassment and other abuses was overwhelming. The “We Are Defenders Programme” (Programa Somos Defensores) reported that during 2010, there were 174 individual attacks against human rights defenders - including 32 assassinations - and 168 attacks against human rights organisations7. In addition, during the first quarter of 2011, there was an alarming increase in acts of aggression against defenders and social leaders in Colombia, with 96 attacks registered against defenders and 64 against social and human rights organisations, including 68 threats, nine murders, seven arbitrary arrests and four enforced disappearances8.
Assassinations, threats and harassment against defenders working for the rights of displaced people and for the restitution of land
As highlighted by the report of the United Nations High Commissioner for Human Rights, during 2010 the level of murders, threats and harassment against those who work for the rights of displaced persons and land restitution were of particular concern9. Several of the cases occurred in the department of Sucre, where members of the Movement of Victims of State Crimes (Movimiento de Víctimas de Crímenes de Estado - MOVICE) who work in these areas were subjected to constant attacks. Such was the case of the murder of Mr. Rogelio Martínez Mercado, a peasant leader and member of MOVICE in Sucre, which occurred on May 18, 2010, and the murder of Mr. Eder Verbel Rocha, also a member of MOVICE in Sucre, which occurred on March 23, 2011. As of April 2011, both murders remained unpunished. In addition, Ms. Ingrid Vergara, leader of a displaced community and Spokeswoman for the MOVICE Sucre chapter, and Mr. Juan David Díaz Chamorro, a member of the MOVICE Sucre chapter, continued to receive threats on several occasions during 2010 and 2011 via emails, letters at their homes and telephone calls. In addition, Ms. Ingrid Vergara and her family were the victims of attacks, surveillance and acts of aggression on several occasions during 2010 and 2011. These facts were denounced, yet by April 2011 there had been no progress in the investigations. Mr. Juan David Díaz Chamorro was forced to leave the country with his family because of threats he received on April 9, 2011. Moreover, as of April 2011, Mr. Carmelo Agámez, Technical Secretary of the MOVICE Sucre chapter, was still being arbitrarily detained in Sincelejo prison, where he had been held since November 15, 2008, victim of a judicial set-up in which he was accused of “criminal association”10. On May 23, 2010, Mr. Alexander Quintero was assassinated. He was President of the Association of Community Action Groups in the Alto Naya region (Asociación de Juntas de Acción Comunal del Alto Naya) and Coordinator of the Association of Victims of the Massacre of Alto Naya (Asociación de Víctimas de la Masacre del Alto Naya)11, one of the most visible leaders in the process for truth, justice and reparation for victims of this massacre. As of April 2011 Mr. Quintero’s murder remained unpunished. Similarly, on November 24, 2010 Mr. Óscar Manuel Contreras Maussa was killed. He was a land restitution leader and a leader of the Cooperative of Agricultural Workers from Blanquicet (Cooperativa de Trabajadores Agropecuarios de Blanquicet - Cootragroblan) in the municipality of Turbo, Antioquia department12. As of April 2011 his murder remained in impunity. Also, in February 2010, the Sembrar Corporation (Corporación Sembrar), an organisation that provides legal advice and accompanies communities who carry out processes to defend their lands and land restitution in different regions of the departments of Sur de Bolivar, the north of Tolima, Nariño and Catatumbo, was subjected to harassment. On April 14, 2011, two unidentified men entered by force the home of Ms. Zoraida Hernández Pedraza, President of the Sembrar Corporation and Spokeswoman for MOVICE, while her and her family were present. These events were denounced, but as of April 2011 there was no progress in the investigations. Moreover, on June 9, 2010, members of the guerrilla group the National Liberation Army (Ejército de Liberación Nacional - ELN) kidnapped Ms. Nohora Guerrero, Ms. Lizbeth Jaime and Ms. Mónica Duarte, human rights defenders from the Progress Foundation (Fundación Progresar), and Ms. María Angélica González, Government official from the Vice-President’s Programme for the Attention of Communities at Risk in the department of Norte de Santander. The defenders were in the region carrying out inter-institutional social and community work, to provide attention to people displaced by the armed conflict, who have returned or who are at risk of displacement. The four defenders were released on July 22, 2010.
Assassinations, disappearance and judicial harassment against indigenous leaders and environmental defenders
Defenders of indigenous communities and defenders of natural resources are the victims of systematic violence in Colombia, because their territories and areas of work are often caught in the middle of the actions of armed groups and their work becomes stigmatised by one or another of these groups. The situation for indigenous leaders is of serious concern in various communities in a number of different regions in Colombia. In 2010, within one month, at least four indigenous leaders from different communities were killed: on July 27, 2010 Wayuu indigenous leader Mr. Luis Alfredo Socarrás Pimienta was killed in Riohacha. He had led several demonstrations of his people to protest against the situation of their individual and collective human rights, and had participated in two electoral processes as a candidate for Mayor in the municipality of Manaure13. On August 13, 2010, Ms. Carmen Elisa Mora Uncacia from the U’wa people was murdered. She had served as Coordinator of the Bureau of Indigenous Affairs in the municipality of Saravena, in the department of Arauca14. Shortly thereafter, on August 14, 2010 Mr. Jaime Reyes, from the Sikuani people, was killed in the municipality of Tame, Arauca department. He was a member of the Parreros indigenous territory and the La Esperanza indigenous council15. In addition, on August 26, 2010, Mr. Ramiro Inampues, Councillor in the Guachucal municipality, former Governor of the Guachucal indigenous territory and founder of the “Pasto People’s Ancestral Law School” (Escuela de Derecho Propio del Pueblo de los Pastos) for the promotion and defence of the rights of the Pasto indigenous population, was kidnapped along with his wife, Ms. Lina Maria Galíndez, also from the Pasto people. Their lifeless bodies appeared days later in the hamlet of El Corso, Guachucal indigenous territory, department of Nariño. Among their many activities, Mr. Inampues and his wife had reported the presence of paramilitaries operating in the area. Subsequently, on October 14, 2010, Mr. Rodolfo Maya Aricape, a member of the Communications Area (Tejido de Comunicación) and of the Indigenous Council of López Adentro (Cabildo Indígena de López Adentro), was murdered in his home in the department of Cauca. Mr. Maya Aricape had participated in numerous demonstrations against all armed groups operating in indigenous territories16.
Although the Constitution and laws of Colombia include the right of indigenous communities to their own criminal jurisdiction for crimes committed within their territories or by their members, on April 10, 2010, Mr. Feliciano Valencia was arrested on charges of “aggravated kidnapping” and “causing personal injuries”. Mr. Valencia is Spokesperson of the Group for Social and Community Resistance (Minga de Resistencia Social y Comunitaria) and member of the Regional Indigenous Council of Cauca (Consejo Regional Indígena del Cauca - CRIC). These allegations were based on the fact that a soldier from the Colombian State army who had infiltrated the “Minga” was captured and judged according to the customs of the indigenous peoples. Although Mr. Valencia was released on April 12, 2010, as of April 2011 the proceedings against him continued and there was a warrant for the same events against Ms. Aida Quilcué, former Chief Counsellor of the CRIC, Spokeswoman of the Minga for Social and Community Resistance, and one of four people nominated for the Martin Ennals Award for Human Rights Defenders in 2010. The same charges were also brought against Mr. Daniel Piñacué, Governor of the Indigenous Council in the community of Calderas, municipality of Inza, Cauca department, and two members of this indigenous community, Messrs. José Daniel Ramos Yatacue and Mario Yalanda Tombé. Meanwhile, on February 17, 2011, Ms. Sandra Viviana Cuéllar Gallego, an environmental engineer who worked on the protection of watersheds and wetlands, on defending territories threatened by forestry plantations and on promoting the participation of local communities in environmental decisions that affect them, disappeared when travelling from Cali to Palmira. On February 19 some of her belongings were found, but as of April 2011 her whereabouts had not been disclosed. Subsequently, Mr. Hildebrando Vélez, an environmental defender who led the search for Ms. Cuéllar Gallego, received several death threats on his cell phone in March 2011. On April 9, 2011, two laptop computers, an external disk drive, and a USB memory stick containing information on the missing defender were stolen from him17. These threats and theft were reported, but as of April 2011 there was no progress in the case.
Assassinations of trade union leaders and trade unionists
During 2010 and 2011 trade union activity remained at high risk. 2010 in particular saw a wave of acts of aggression against teacher trade unionists: of the 46 union members murdered in 2010, 25 were teachers18. At least seven teachers from Antioquia were killed, including Mr. Ibio Efren Caicedo, an activist from the Association of Teachers in Antioquia (Asociación de Institutores de Antioquia - Adida), on June 19, 201019. Also killed on January 10, January 30 and February 5, 2011 respectively were Messrs. Manuel Esteban Tejada, professor of the “Palma Soriano” School in the Municipality of Planeta Rica, Cordoba department and member of the Córdoba Teachers’ Association (Asociación de Maestros de Córdoba - ADEMACOR), Humberto de Jesús Espinoza Díaz, a member of the Risaralda Teachers’ Union (Sindicato de Educadores de Risaralda - SER), who had served since 1994 as Faculty Director of the “Mistrato Agricultural Institute” in the municipality of Mistrato, department of Risaralda, and Carlos Alberto Ayala, professor and member of the Association of Teachers of Putumayo (Asociación de Educadores del Putumayo - ASEP)20. As of April 2011, all these murders remained unpunished.
In addition to the murders of teachers in 2010 and 2011, killings of trade unionists from different sectors also continued. For example, Mr. Francisco Atonio Abello Rebollo, a member of the Cienaga regional section of the National Union of Agricultural Industry Workers (Sindicato Nacional de Trabajadores de la Industria Agropecuaria - SINTRAINAGRO), was killed after taking part, along with 185 workers, in a strike that took place between December 2009 and January 2010, calling for the recognition of SINTRAINAGRO and the signing of a collective labour agreement21. On June 5, 2010, Mr. Hernán Abdiel Ordoñez Dorado, Treasurer of the Board of the Employees’ Association of the National Prison Institute (Instituto Nacional Penitenciario y Carcelario - ASEINPEC) in the city of Cali, was killed, apparently because he had denounced corruption in the management of the women’s prison in that city. Mr. Ordoñez Dorado had been threatened before his death, but had not received the protection that the General Confederation of Workers (Central General de los Trabajadores - CGT) had insistently requested. In addition, on June 17, 2010, Mr. Nelson Camacho González, a member of the Labour Union of the Oil Industry (Unión Sindical Obrera de la Industria del Petróleo - USO) was killed22. As of April 2011, these killings also remained unpunished.
Assassination and threats against defenders of the rights of LGBTI persons
In 2010-2011, acts of violence and stigmatisation continued against defenders of the human rights of lesbian, gay, bisexual, transgender and intersexual persons (LGBTI). On March 17, 2011, transgender person Mr. John Edison Ramírez Salazar (Gabriela) was killed in the rural area of the city of Pasto. Gabriela was a human rights activist for the LGBTI population in the city of Pasto, department of Nariño, and a member of the Foundation for Trans Gender People of the South (Fundación de Género Trans del Sur), a non-governmental organisation that was part of the Technical Committee for Work with Diverse People because of their Sexual Orientation and Gender Identities (Mesa Técnica para el Trabajo con Personas Diversas por Orientación Sexual e Identidades de Género) in Pasto23. This murder followed threats of “social cleansing” against the LGBTI community in Pasto, which were received on July 13, 2010 by several human rights organisations that are part of the Technical Committee, including the Diversity Foundation (Fundación Diversidad), the Association of Women Who Love Women (Asociación de Mujeres que Aman Mujeres - AMAME), Never Homophobia (Homofobia Nunca), Conbocas, Pink Polo (Polo de Rosa), the Noah’s Ark Foundation (Fundación Arca de Noé), the Development and Peace Foundation (Fundación Desarrollo y Paz - FUNDEPAZ) as well as the public bodies the Departmental Health Institute of Nariño (Instituto Departamental de Salud de Nariño - IDSN) and the Office for Gender and Human Rights of the municipality of Pasto. The threats were sent after the “First Parentheses on LGBTI Cultural Citizenship” was completed, during which various events were held to raise awareness on respect for the rights of LGBTI people. As of April 2011 there was no progress in the investigations into the murder of transgender person Mr. John Edison Salazar Ramírez (Gabriela), or in the case of the threats to LGBTI organisations in Pasto.
Permanent climate of intimidation against defenders and their organisations
During 2010 and 2011, several human rights defenders and organisations were victims on different occasions of collective and individual threats via emails sent en masse, creating a climate of fear within the community of human rights defenders. Many of the messages received were anonymous and some were signed by the paramilitary groups known as the Black Eagles (Aguilas Negras) or the Rastrojos-Urban Commandos (Los Rastrojos-Comandos Urbanos). For example, both in April 2010 and February 2011, more than 60 human rights organisations including defenders of women’s rights, trade unions, victims’ movements, indigenous and Afro-Colombian leaders and their organisations, among others, received threats via email. Many of the messages sought to threaten these defenders with death, and to link their work with the actions of the guerrillas. In addition, several independent journalists were included in these massive email threats, including Ms. Claudia Julieta Duque and Messrs. Hollman Morris, Eduardo Marquez, Daniel Coronell and Marcos Perales Mendoza, journalists who report human rights violations. The Attorney General’s office undertook to investigate these threats; however, as of April 2011 there had been no progress in the investigations.
In addition to these threats, defenders and their organisations were subjected to smear campaigns against their work. For instance, press articles, videos and radio programs were used to accuse the Inter-Church Justice and Peace Commission (Comisión Intereclesial de Justicia y Paz - CIJP), and in particular its members Messrs. Abilio Peña and Danilo Rueda, of developing a strategy against the Afro-Colombian communities of the Chocó region and of acting in alliance with the guerrillas of the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia - FARC). The priest Javier Giraldo SJ, a member of the Centre for Research and Popular Education (Centro de Investigaciones y Educación Popular - CINEP) and renowned human rights defender, was also accused of being an ally of the guerrillas and of terrorism. Similarly, the José Alvear Restrepo Lawyers Collective (Colectivo de Abogados José Alvear Restrepo - CAJAR) continued to be the victim of smear campaigns. On September 1, 2010, individuals calling themselves the Nationalist Movement and Active Reservists of Colombia (Movimientos Nacionalistas y Reserva Activa de Colombia), which included retired politicians and members of the military, held a rally outside the offices of CAJAR in the centre of Bogotá, with the aim of denigrating the work carried out by the organisation on behalf of victims of human rights violations in criminal proceedings in which members of the security forces are implicated24.
Furthermore, judicial harassment against human rights defenders continued, via the use of criminal proceedings often based on unreliable evidence. For example, on September 14, 2010, Mr. David Ravelo Crespo, a member of the Board of the Regional Corporation for the Defence of Human Rights (Corporación Regional para la Defensa de los Derechos Humanos - CREDHOS) and renowned grassroots leader in the Magdalena Medio region, was deprived of his freedom on charges of “criminal association” and “aggravated murder” of a former Government official in Barrancabermeja, Mr. David Nunez Cala, in 199125. In the months preceding his arrest, Mr. Ravelo had received constant threats. As of April 2011, Mr. David Ravelo Crespo was still being held in custody and the trial against him remained pending.
In the midst of this climate of judicial harassment, one can welcome the release of human rights defender Mr. José Samuel Rojas in the La Macarena region, in February 2011. Mr. Rojas was acquitted of charges of “rebellion” after more than five months’ imprisonment26. Similarly, on April 9, 2010, several defenders from the department of Arauca were acquitted, including Messrs. Evelio José Gutierrez, a member of the Community Action Committee (Junta de Acción Comunal) in the municipality of Arauquita, José Del Carmen Sánchez, former Chairman of the Peasants’ Association of Arauca (Asociación Campesina de Arauca - ACA) in the municipality of Arauquita, Edinson Palomino Banguero, affiliate and founding member of the Standing Committee for the Defence of Human Rights (Comité Permanente por la Defensa de los Derechos Humanos - CPDH) and President of the Arauca branch of the Skilled Workers’ Union (Sindicato de Trabajadores de Oficios Varios - SINTRAOVA), a subsidiary of the United Workers’ Confederation (Central Unitaria de Trabajadores - CUT), and Omar Alarcón Castillo and Ms. Damaris de Jesus Escorcia Lopez, members of ACA. These five defenders were imprisoned for more than two years accused of the crimes of “rebellion”, “criminal association” and “extortion”. Mr. Gutierrez was also accused of the crime of “terrorism”. The Judge acquitted them due to a lack of sufficient evidence. For his part, Mr. Winston Gallego Pamplona, a member of the Sumapaz Foundation (Fundación Sumapaz) and of the Seeds of Freedom Human Rights Collective (Colectivo de Derechos Humanos Semillas de Libertad - CODEHSEL), who was arrested on June 10, 2009 and charged with “rebellion”, was released on March 25, 2011. However, as of April 2011 the case against him was still pending.
1 During President Uribe’s two terms of office, in particular between 2004 and 2008, it is estimated that around 3,000 extrajudicial executions occurred. See Human Rights Council, Report of the United Nations High Commissioner for Human Rights on the situation of human rights in Colombia, UN Document A/HRC/16/22, February 3, 2011.
2 Bill No. 107 of 2010 (accumulated PL 85/10 - Chamber). The bill passed the debates in the House of Representatives and is expected to be approved during 2011 by the Senate.
3 It was criticised, among other things, for not counting on the participation of victims during the drafting of the bill and not differentiating between ethnic groups despite including restitution for indigenous peoples, Afro-descendants and mixed race persons. The exclusion of some significant groups of victims has also been criticised, because of the imposed start date: 1986 for the reparation of victims and 1991 for the restitution of lands. See National Movement of Victims of State Crimes (Movimiento Nacional de Víctimas de Crímenes del Estado - MOVICE).
4 According to the Consultancy for Human Rights and Displacement (Consultoría para los Derechos Humanos y el Desplazamiento - CODHES), a total of approximately 280,041 people (56,000 households) were displaced during 2010. The Attorney General’s office affirmed the forced displacement of a total of 77,180 communities. According to the United Nations High Commissioner for Refugees (UNHCR), “the internal conflict that has plagued Colombia for four decades has forced more than 3.5 million Colombians to flee their homes and new displacements are recorded almost every day”. See CODHES, Boletín informativo ¿Consolidación de qué?, No. 77, February 15, 2011 and UNHCR Press Release, December 3, 2010. Unofficial translation.
5 In particular, on February 1, 2010 began the trial of Mr. Jorge Noguera, former Director of the DAS, for the alleged crimes of “aggravated homicide” and “aggravated criminal association” among others.
6 On October 12, 2010, the Accusations Committee of the House of Representatives decided to open an investigation into the issue of illegal wiretapping conducted by the DAS, to investigate what responsibility the former President had in these events.
7 See “We Are Defenders Programme” Report, Informe 2010, sistema de información sobre agresiones contra defensores y defensoras de derechos humanos en Colombia - SIADDHH, February 25, 2011.
8 See We Are Defenders Programme Urgent Action, April 8, 2011.
9 See Human Rights Council, Report of the United Nations High Commissioner for Human Rights on the situation of human rights in Colombia, UN Document A/HRC/16/22, February 3, 2011.
10 See Annual Report 2010.
11 The massacre of Alto Naya began on April 7, 2001 at Timba, Cauca department, with the incursion of approximately 400 paramilitaries from the AUC Bloque Calima paramilitary group with the acquiescence of soldiers assigned to the army’s III brigade. The massacre lasted several days and over a hundred people were killed, a further thousand were displaced and 60 remain missing.
12 Mr. Maussa Contreras had been displaced from his land in 1996 and 1997, and was forced into displacement again in 2007 as a result of death threats made by paramilitary forces. These threats were reported by him at the time, but no progress was made in the investigations.
13 See Inter-American Commission on Human Rights (IACHR) Press Release No. 73/10, August 2, 2010.
14 See IACHR Press Release No. 89/10, September 1, 2010.
15 Idem.
16 See IACHR Special Rapporteur on Freedom of Expression Press Release No. R106/10, October 22, 2010.
17 See Colombian Commission of Jurists (Comisión Colombiana de Juristas - CCJ) Press Release, April 14, 2011.
18 See International Trade Union Confederation (ITUC) Press Release, January 24, 2011, and Trade Union Confederation of Workers of the Americas (Confederación Sindical de Trabajadores y Trabajadoras de las Américas - CSA) Press Release, November 12, 2010.
19 See ITUC Press Release, July 7, 2010, and CSA Press Release, May 13, 2010.
20 See ITUC Press Releases, February 3 and 15, 2011.
21 See ITUC Press Release, June 3, 2010.
22 According to ITUC, the murder of Mr. Nelson Camacho González “is another in a series of systematic attacks and threats against members and leaders of the oil workers’ union during industrial disputes. The union has been in conflict with the multinational British Petroleum in Casanare, with Ecopetrol-UT on the Andean pipeline, with TGI on the departments of Boyacá y Casanare, and with Ecopetrol over various other labour disputes”. See ITUC Press Release, July 7, 2010.
23 The working group is a coordination space between civil society organisations and public institutions to work towards the promotion and protection of the rights of LGBTI persons in Pasto.
24 This coincides with the announced criminal charges against former President Uribe for “treason”, which CAJAR presented on September 2, 2010 before the Accusations Committee of the House of Representatives, because he had signed an irregular military agreement between U.S. and Colombia that took place during the term of Mr. Álvaro Uribe, which was discontinued by order of the Constitutional Court on August 17, 2010.
25 The charges are based on the voluntary statements of paramilitary leader Mario Jaime Mejia, aka “The Baker”, who was arrested in March 1999 and sentenced by civil courts as the principal author of several massacres. In order to gain benefits under the justice and peace law, he accused Mr. Ravelo Crespo and former Congressman Mr. Aristides Andrade of masterminding the murder of Mr. Núñez Cala.
26 See CAJAR.
Extracts from the Annual Report 2011 of the Observatory for the Protection of Human Rights Defenders (FIDH-OMCT)