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       COLOMBIA     1.                
      During the year 2000 President Pastrana has continued to adopt
      courageous measures to advance the peace process and bring to an end the
      armed conflict in Colombia.  However,
      there has been a marked increase in political violence in Colombia. 
      The armed conflict deteriorated, as did the conduct of its
      protagonists. There was chronic disregard for the obligation to ensure
      respect for the civilian population’s fundamental human rights, such as
      the right to life, the right to humane treatment, the right to freedom of
      movement and residence, and the right to effective judicial protection.   2.                
      During its 110st regular session, the Inter-American Commission on
      Human Rights analyzed the situation by the criteria established in the
      introduction to this chapter of the Annual Report. 
      The draft report it approved pursuant to Article 63(h) of its
      Regulations was then forwarded to the State on March 9, 2001. 
      The latter was given one month in which to present its
      observations.  The Commission
      received the State’s response on April 10, 2001.[1] 
      The State indicated in its Observations that “the Commission’s
      Report is balanced and [..] reflects in general terms the human rights and
      humanitarian law situation in the Country.”[2] 
      It also made a number of observations that have been incorporated
      into the final version of this Report, where appropriate.   3.                
      The Government of the Republic of Colombia has graciously invited
      the Commission to conduct an on-site visit to Colombia before the end of
      the year 2001.  In view of
      this imminent visit, this report will confine itself to some preliminary
      observations on the progress achieved and on the serious challenges that
      the Government and people of Colombia still face. 
      The Commission has seized upon this opportunity to underscore its
      concerns over fundamental human rights, given the violence generated by
      the protagonists of the internal armed strife and the vulnerability of the
      civilian population, particularly displaced communities and indigenous and
      Afro-Colombian communities, human rights advocates and civil servants in
      the judicial branch of government.   4.                
      This report is based on information obtained from government and
      other reliable sources, as well as information that the Commission
      compiled pursuant to its mandate to promote and protect human rights in
      the region.  The Commission
      will begin by discussing some of the progress made in the area of human
      rights.  It will then look at
      a general picture of violations of human rights and international
      humanitarian law in various regions of Colombian territory. 
      Next it will turn its attention to specific areas of concern, such
      as paramilitarism, the phenomenon of forced displacement, and the
      administration of justice.  Lastly,
      the Commission will discuss the situation of the human rights defenders,
      journalists, labor leaders and persons deprived of their liberty.   I.                   
      MEASURES ADOPTED IN THE AREA OF HUMAN RIGHTS
        5.                
      Act Nº 589 was enacted on July 6, 2000, following a difficult
      legislative process that lasted twelve years. 
      It formally criminalizes, within Colombia’s legal system, the
      forced disappearance of persons, genocide and forced displacement. 
      Act Nº 589 introduces important innovations in the way these
      egregious behaviors are addressed.  Criminal
      responsibility for authorship of these crimes is no longer confined to
      State agents; it now extends to private citizens acting on the orders of
      or with the acquiescence of State agents. 
      The law introduces an innovative element not present in
      international law: armed dissident groups or other private persons as the
      perpetrators of disappearances.[3] 
      The law also prohibits amnesty or pardon for any person convicted
      of these crimes.   6.                
      On a practical level, this law makes provision for establishment of
      a register of persons captured and detained, an emergency search mechanism
      designed to ensure compliance with the obligation to make efforts to
      establish the whereabouts of a disappeared person, and a national register
      of disappeared persons, as well as the creation of special working groups. 
      Law 589 also classifies internal forced displacement as a crime
      against persons.   7.                
      The Commission has repeatedly recommended[4] that forced disappearance
      be criminalized in the Colombian legal system. 
      It therefore welcomes the adoption of this law, which it views as
      an important step forward.  The Commission reiterates its recommendation that this
      legislation[5] be reinforced with
      ratification of the Inter-American Convention on Forced Disappearance of
      Persons, which has already been sent to Congress for approval.[6]   8.                
      The Commission hopes that Act Nº 589 will be enforced in practice
      and applied to cases of forced disappearance, particularly where the
      early-search system is concerned, given the alarming increase in the
      number of victims of this egregious international crime in the year 2000
      (see infra). 
      The State reported that on October 25, 2000 the Vice President
      formally installed the Early Search Commission and that this body is
      currently engaged in drafting its own internal regulations.[7] 
      However, the Commission notes with concern that the specific cases
      brought to its attention where the early-search system created under Law
      589 was used have generated, in theory at least, some confusion. 
      The Commission is referring specifically to the early search for
      Angel Quinteros and Patricia Monsalve, members of the Medellín Branch of
      ASFADDES.  This organization
      was under the protection of provisional measures ordered by the
      Inter-American Court of Human Rights.  The disappearance of these two people and the judicial
      inquiry conducted into their disappearance will be discussed below.   9.                
      The Commission will monitor developments in the implementation of
      this legislation and its effectiveness as a tool with which to ascertain
      the whereabouts of victims of forced disappearance and to investigate,
      prosecute and punish those responsible.   10.            
      In addition to enacting Act Nº 589, the State also adopted the
      measures necessary to comply with the ruling of Colombia’s
      Constitutional Court that declared that the requirement that statutory
      legislation be passed for reorganization of the military justice system
      was unenforceable.  With that,
      the new Code of Military Justice was able to take effect on August 12,
      2000.[8]  
      The Commission hopes that with the entry into force of the new
      Military Penal Code, cases now pending before the military courts that
      involve human rights violations will be referred to the ordinary criminal
      courts.  This issue will be
      examined at greater length later in this report.   11.            
      Recently, in a protective order, the Constitutional Court ruled on
      the rights of displaced persons and the State’s obligations vis-à-vis
      the phenomenon of displacement.[9]  
      The decision recognizes displaced persons as victims of violations
      of human rights and humanitarian law. 
      It also recognizes the displacement phenomenon to be a social
      catastrophe on a scale so great that it exceeds the State’s capacity to
      respond, although that does not acquit the State of the primary
      responsibility it bears for addressing the problem.  It also recognizes the Guiding Principles on Internal
      Displacement as an applicable body of norms and the necessity of complying
      with the recommendations of the Representative of the United Nations
      Secretary-General on Internally Displaced Persons.  The Commission welcomes this theoretical advance and hopes
      that it materializes into tangible actions to confront the serious
      humanitarian crisis that forced displacement causes, which will be
      discussed at greater length in the following sections.   12.            
      Finally, the Commission would like to acknowledge the government
      initiatives being taken in the Ministry of the Interior to create
      mechanisms to protect the defenders of human rights and journalists. One
      such initiative that the Commission finds particularly promising is the
      Program for the Protection of Journalists and People in the Media. 
      Created by Executive Decree 1592 of August 18, 2000, this program
      is part of an effort to protect these people from the threats they receive
      because of their investigative reporting. 
      The State has also set up a mechanism to protect members of the Unión
      Patriótica and the Communist Party, under the agreements reached in
      the friendly settlement of case 11.227, pending with the Commission. 
      The State has also reported the creation of a “Permanent
      Intersectoral Commission on Human Rights and International Humanitarian
      Law” by  Decree 321 of
      February 25, 2000 with the mandate to orient and coordinate measures at
      the high spheres of Government.[10] 
      The Commission hopes that these initiatives will be fully
      implemented and become useful tools to help the State discharge its
      obligation of protecting the lives of persons who are at risk. 
      The Commission will make reference to specific aspects of the
      current operation of these mechanisms in the sections that follow.   II.      
      PANORAMA OF THE HUMAN RIGHTS SITUATION
        A.     
      Violations of the rights to life and to humane treatment
        13.            
      In 2000, the Commission periodically received urgent actions,
      petitions and information of all types reporting the unrelenting
      violations of the right to life within Colombian territory. 
      The internal armed strife continues to produce serious violations
      of human rights and international humanitarian law. 
      The situation became particularly serious in early 2001, with 26
      massacres in 11 departments within the space of 18 days. 
      The total death toll was 170. 
      This situation prompted the Office of the United Nations High
      Commissioner for Human Rights to release a public statement. 
      In his press communiqué, the Representative of the Office of the
      High Commissioner for Human Rights again called the State’s attention to
      the threats made by the protagonists of the armed conflict against the
      civilian population in the regions of Montes de María, the eastern
      portion of Antioquia, Urabá, the department of Chocó, the Magdalena
      Medio, the Cauca Valley and the departments of Cauca and Putumayo.[11]   14.            
      The figures on the number of fatalities that the political violence
      claimed in 2000 are even more alarming than they were the previous year. 
      The statistical studies indicate that from an average of ten deaths
      per day in 1988, in the period from October 1998 to September 1999 that
      figure climbed to twelve victims a day. 
      In the six months from October 1999 to March 2000, the daily
      average rose to 14, while in the April-September 2000 period, it climbed
      even higher, to more than 19 fatalities a day.[12]  
      In this figure, the daily death toll from extrajudicial execution
      and homicide rose from six to over eleven. 
      The average daily number of forced disappearances has gone from one
      to more than two.[13] 
      Some 79,5% of the violations have been attributed to the State and
      to paramilitary groups, and 20.5% to armed dissidents.[14]   15.            
      As in previous years, a large percentage of the violations of the
      right to life were in the form of massacres perpetrated in the course of
      bloody paramilitary incursions designed to terrorize the civilian
      population and forcibly displace them. 
      In these actions, victims are often killed only after being
      tortured, mutilated and subjected to other atrocities. 
      Examples are the massacres at Ochalí (Antioquia), Ovejas (Sucre),
      El Salado (Bolívar), Pueblo Bello (Cesar), Tibú (Santander), and Ciénaga
      de Santa Marta (Magdalena), among others.[15]   16.            
      Information has also been received reporting extrajudicial
      executions apparently for purposes of “social cleansing”, and
      presumably perpetrated by the military and police forces in the
      departments of Caldas, Nariño, Risalda and Bogotá. The statistics
      presented to the Commission indicate that murders of socially marginalized
      persons rose from one every three days, to more than one every two days.[16] 
      The State has observed that “Public Security Forces do not have
      as a policy the commission of illegal acts such as social clensing”. 
      However, it also admitted that the Procurator’s Office has
      initiated a number of investigations related to acts of this nature.[17]   17.            
      The year 2000 also saw an increase in selective homicides that are
      preceded by threats and whose victims are human rights defenders, judicial
      personnel, journalists, labor leaders, academics, municipal civil
      servants, indigenous and campesino
      leaders, candidates for elective office –including members of the Unión
      Patriótica[18]—and
      demobilized former combatants.   18.            
      The Commission is disturbed by the startling increase in the number
      of forced disappearances.  While
      some 238 cases were confirmed in 1999, that figure rose to 664 in 2000. 
      Thus far in the year 2001, seven cases have been reported, although
      an as yet undetermined number have disappeared this year as a result of
      paramilitary raids in various counties in the Department of Cauca.[19]   19.            
      The serious abuses committed by the protagonists in the armed
      conflict, especially the paramilitary groups, have had a growing impact on
      large sections of the country, with varying degrees of severity. 
      The following are some of the departments where the incidence of
      violations of human rights and international humanitarian law is highest:
      Antioquia, Bolívar, Casanare, Cauca, Cesar, Chocó, Magdalena, Norte de
      Santander, Putumayo, Sucre and Valle.   20.            
      According to CINEP’s statistics, the Department of Antioquia
      continued to have the highest rate of violence in the year 2000, with more
      than 200 victims of human rights violations and more than 300 victims of
      violations of international humanitarian law in just the April-June
      quarter.[20]   21.            
      The information the Commission has received indicates that the
      situation of the campesinos in the municipality of Ituango and surrounding areas
      continues to deteriorate, despite complaints from civic leaders,
      nongovernmental human rights organizations and the Church. 
      The municipality continues to be the target of multiple,
      indiscriminate paramilitary actions mainly affecting the civilian
      population, most of whom are campesinos.
      Hundreds of people have been displaced.   22.            
      On September 3, 2000, a large number of paramilitary in helicopters
      descended upon Riosucio Canyon in Ituango. The following day they moved
      into five hamlets in the area where they allegedly killed four campesinos,
      set fire to almost one hundred homes and sacked and burned four rural
      schools, a health clinic and a chapel. 
      As a result almost 700 campesinos
      were displaced.  The
      paramilitary accused the campesinos
      of collaborating with the guerrilla.[21] 
      On November 1, 2000, a large contingent of paramilitary entered the
      village of El Cedral and the surrounding hamlets. 
      They had a list of eight names of persons they accused of being
      guerrilla collaborators and whom they allegedly convicted in hasty trials
      and then executed.  They
      allegedly burned 25 houses and forced the campesinos
      off their lands.  As a result,
      some 400 campesinos had to move
      to the municipal seat of Ituango.[22] 
      Between November 30 and December 1, another paramilitary attack on
      the town of Santa Lucía left three campesinos dead and an undetermined number of homes burned, and
      displaced some 150 people.[23]   23.            
      In recent months, the human rights situation in the eastern sector
      of Antioquia, the municipalities of Granada, El Carmen de Viboral, El Peñol,
      Guatapé, San Rafael, and others has taken a severe turn for the worse
      with the fighting between groups of armed dissidents and paramilitary. 
      According to the Office of the Ombudsman, most of the mass murders
      in Antioquia in recent months are concentrated in the eastern sector. 
      The towns of San Carlos, San Rafael and El Carmen de Viboral were
      the hardest hit because of relentless pressure from armed groups, which
      forced dozens of people to move.  While
      eight massacres were committed in that department in January 2000, one
      year later, in January 2001, there were 14 massacres with a death toll of
      71.  Of these, 20 lived in the eastern sector of the department.[24]   24.            
      The information the Commission has received indicates that on
      November 3, 2000, the paramilitary unleashed a juggernaut that began in
      Granada with the killing of 19 people. 
      The Bloque Metro of the Autodefensas Unidas de Colombia
      (United Civil Defense Patrols of Colombia) claimed responsibility for the
      murder of the campesinos. 
      In a communiqué they made available to the press they told the
      inhabitants of the area that they would not have to leave because they had
      “clear and accurate information about who and where the enemy was.”[25]
      The Inter-institutional Committee, composed of citizens of Granada,
      reported that six of those murdered were over age 60 and engaged in
      earning their daily living; two were children and another two were
      mothers; the rest were farmers and people whose business was a matter of
      public knowledge.   25.            
      The Commission is particularly troubled by the situation in
      Barrancabermeja, Department of Santander. 
      Complaints are periodically received concerning paramilitary
      incursions and the establishment of new paramilitary camps in the urban
      districts.  The complaints
      report that even though civilian and military authorities have been
      alerted, paramilitary groups belonging to the AUC have settled in the
      Mirafores and Simón Bolívar districts in the northeast quadrant of the
      city, and have spread to another 32 districts in the southern,
      southeastern, northern and northeastern sectors.[26]   26.            
      The
      complaints report that the paramilitary patrol these districts around the
      clock, have permanent reinforcements and force those who live in those
      districts to attend meetings that the paramilitary hold periodically to
      warn them of the rules they must follow to avoid being forced to abandon
      their property and leave the city.  Using
      this mechanism, the paramilitary kill, force people from their homes or,
      at best, occupy their homes.  Despite
      the public gestures made by Colombia’s Vice President, promising to take
      measures to safeguard the lives and ensure absolute respect for the human
      rights of the people of Barrancabermeja, the complaints report that the
      AUC’s “paramilitarization” of the city is being done openly, in
      places where the State military and police forces have a permanent
      presence.[27]   27.            
      The Commission is deeply disturbed by the situation in the Cauca
      Valley region.  The Commission
      has received information to the effect that since May 2000, the western
      wing of the AUC, composed of the Calima, Pacífico, Farallones and Paéz
      fronts, has terrorized a number of communities in the region, leaving a
      number of people dead and disappeared and around 7,000 displaced.[28] 
      Of these families and 700 are Afro-Colombian, and 450 indigenous
      from the Las Delicias reservation in Buenos Aires, Cauca. 
      In the Upper Naya area, five thousand people who have not left the
      region are reportedly being threatened. 
      Five mayors from the municipalities of Almaguer, Bolívar, Balboa,
      Caloto and Rosas have also received threats. 
      Reportedly, most of the communities in the Cauca Valley that the
      paramilitary have attacked are part of the Movimiento del Suroccidente
      Colombiano [Southwest Colombian Movement] with which the National
      Government supposedly signed an agreement in November 1999, pledging to
      guarantee their safety.[29]   28.            
      The complaints the Commission has received report that the
      communities in the department of Cauca feel threatened, especially Timba,
      La Esperanza, El Ceral and Palo Blanco, where the paramilitary control the
      movements of vehicles and people, commerce, foodstuffs coming in and
      social activities.  The
      reports indicate that the general warning given out by the paramilitary is
      that “anyone who is not a guerrilla is an informant or collaborator”
      and that “the slaughter will be massive.”[30]   29.            
      The Commission has been informed that although government
      authorities have been appraised of the situation, no measures have been
      taken by the military and police forces to curb the AUC’s activities. 
      In one specific case, on November 25, 2000 a commission of human
      rights defenders composed of national and international non-governmental
      organizations went to the municipality of Cajibío, where they found
      people who had been driven out of the hamlets of Mesetas and Dinde, in the
      district of Campo Alegre.  On December 1, 2000, a special early-warning request was made
      of national and local authorities, asking them to adopt special measures
      to protect the campesino and
      indigenous communities and the general populace in the northern and
      central sections of Cauca Department. 
      The early-warning request singles out the exact places where new
      attacks on campesino communities might occur. 
      Thus far, no reply has been received from the authorities
      concerning measures taken.  The
      Observations submitted by the State indicate that, amongst other measures,
      on January 11, 2001 an Inter-Institutional Humanitarian Verification
      Commission visited the North of Cauca and South of the Cauca Valley to
      deal with, among other issues, the public order situation and the
      internally displaced.[31] 
      Despite these actions, the available information indicates that the
      situation has continued to deteriorate. 
      As a result the Commission has issued precautionary measures to
      protect the local authorities and the members of social organizations
      operating in the area.   30.            
      The Commission must not fail to mention the situation in the
      Department of Putumayo.  There, between late September and early December a series of
      clashes occurred between the Army, the FARC and the southern wing of the
      United Civil Defense Patrols of Colombia. 
      The humanitarian consequences of the armed roadblocks that the FARC
      set up will be discussed in the section on internal displacement.   B.       Violations of international
      humanitarian law by groups of armed dissidents    31.            
      Violations of human rights and international humanitarian law by
      groups of armed dissidents increased in 2000. 
      They have massacred, extrajudicially executed, attacked and
      threatened members of the civilian population. 
      According to figures from the Ministry of Defense, between January
      and October 2000, armed dissident groups were responsible for 164 of the
      671 victims killed in massacres.   32.            
      The Defense Ministry’s report states that armed dissidents are
      blamed for the killing of 1,863 people and the abduction of over 3,000
      civilians.[32] 
      In the first quarter of 2000, there were some 238 politically
      motivated killings attributable to armed dissident groups.[33] 
      On December 29, a group of armed men killed Congressman Diego
      Turbay, President of the Peace Committee in the House of Representatives,
      his mother Inés Cote de Turbay and his five bodyguards, in the region of
      Caquetá, on the edge of the non-combat zone. 
      The assassination has been attributed to the FARC, which has thus
      far not disclaimed responsibility.   33.            
      In their attacks on civilian populations, armed dissident groups
      have violated the principles of distinction and proportionality, basic
      tenets of international humanitarian law. 
      In particular, their indiscriminate use of gas canisters and car
      bombs has killed numerous civilians.   34.            
      The armed dissident groups have continued their practice of taking
      hostages in order to exchange them for money and finance their activities.
      According to CINEP, between April and September 2000 the ELN allegedly
      abducted some 300 people, and the FARC another 180.[34] 
      Among the victims were mayors, civil servants in the judicial
      branch of government, humanitarian workers, journalists and foreign
      citizens.  According to the
      data of the Fundación País Libre, 165 hostages died in captivity,
      victims of the duration and extreme conditions of their captivity.   35.            
      The Commission deplores the fact that in 2000 FARC continued the
      practice of enlisting children under the age of 15 into its ranks, which
      is contrary to international law and to Colombian domestic law.   III. THE ADVANCE OF THE PARAMILITARY MOVEMENT  36.            
      The Commission is deeply disturbed by the growing influence that
      paramilitary groups exert and by the actions and omissions of government
      agents who sometimes allow and even collaborate in the commission of very
      egregious violations of human rights. 
      The figures that the Ministry of Defense provided indicate that
      currently, paramilitary groups have over 8,000 members, which is an
      increase of 81% in the last two years.  Their rapid growth is mirrored in the degree to which the
      geographic scope of their operations has increased.  They are now active in more than 400 municipalities in 40% of
      the country.  The “Pacífico”,
      “Farallones” and “Paéz” fronts of the AUC have extended their
      influence to include the municipalities of Buenaventura, Jamundí and
      Buenos Aires in the Cauca region, in relation to which the Commission has
      recently issued precautionary measures. 
      The extent of the AUC presence in the Atrato region and in Turbo,
      Apartadó and Quibdó is also alarming. 
      Here also, the Commission has had to order precautionary measures. 
      In the case of Apartadó, the Commission has had to turn to the
      Inter-American Court to seek provisional measures to protect the civilian
      population.  The AUC also
      exercise their influence in the municipality of Tibú, in the region of
      Catatumbo, Norte de Santander.   37.            
      The AUC continue to conduct “sweeps” and “cleansing”
      operations against the civilian populations that they accuse of aiding or
      sympathizing with armed dissident groups. 
      The Ministry of Defense reports that the AUC is attacking people to
      drive them off lands that their financial backers want to seize.[35]  
      In the areas they control the paramilitary set up illegal patrols
      to check the identity of those traveling through the area and restrict
      commerce in staples and fuel. Often the establishment of these patrols
      presages disappearances, extrajudicial executions and displacements. 
      In some cases, they operate in areas where the Army has a presence,
      as in the case of the patrol near the peace community of San Jose de
      Apartadó, in the Urabá Antioqueño, which is under the protection of
      provisional measures ordered by the Inter-American Court.   38.            
      The State has said that paramilitarism represents “a grave threat
      to the institutions of government and (is) responsible for much of the
      increase in human rights violations.“ 
      It acknowledges that paramilitarism is “one of the factors
      contributing most to the exacerbation of the armed conflict since its
      “main modus operandi is to
      terrorize the public by selective killing or indiscriminate massacres”,
      all in order to “trigger a massive displacement.”[36] 
      The State alleges, however, that the civil patrols have become a
      self-contained operation and that their behavior “is not the result of a
      strategy being orchestrated from the highest levels of government.”[37] 
      It points out that any case in which agents of the State are
      alleged to be colluding with the AUC, is one of corruption or personal
      conviction and is being investigated by the judiciary.[38]   39.            
      The Commission has taken note of these statements. 
      Nevertheless, it continues to receive complaints to the effect that
      government forces either ignore or directly participate in acts of
      violence committed by the paramilitary, many of which are public
      knowledge.  The observations of the State confirm that the free operation
      of patrol checks, paramilitary bases and acts perpetrated by the AUC in
      the areas of Putumayo (La Hormiga, La Dorada, San Miguel, Puerto Asís,
      Santa Ana), Antioquia (El Jordán, San Carlos), y Valle (La Iberia, Tuluá)
      are being investigated mainly in the disciplinary jurisdiction.[39] 
      When provisional measures were ordered for the peace community San
      José de Apartadó, testimony was presented concerning the alleged
      responsibility of military and police forces in the massacres committed on
      February 19 and July 8, 2000, against members of that community living in
      the Urabá region. 40.            
      The State has pointed out that in the first eleven months of 2000,
      517 security measures were ordered, 311 indictments charging members of
      the civil patrols were handed down, and 309 arrest warrants are in effect.[40] 
      In the case of the arrest warrants, it reported that 243 accused
      persons are in custody.  However, as the State has acknowledged, the number of members
      of the AUC has increased to 8,000 and is still on the rise.   41.            
      The Commission must point out, however, that although the human
      rights violations committed by paramilitary are frequently investigated by
      the regular courts, in many cases, the arrest warrants the courts issue
      are not executed, especially when they involve the upper echelons of the
      AUC and the intellectual authors.  This
      creates a climate of impunity and fear.[41]  
      A case in point is the fact that in 2000, the highest ranking chief
      of the AUC, Carlos Castaño, has had access to the national and
      international media and contacts at the ministerial level, yet the
      numerous arrest warrants against him for serious human rights violations,
      have never been executed.   42.            
      The Commission has repeatedly stated its position concerning the
      State’s responsibility for the links that exist between members of the
      military and police and paramilitary groups in Colombia and the extent of
      involvement in the commission of violations of human rights and
      international humanitarian law.  Unfortunately
      the situation does not seem to have improved during the year 2000. 
      The impunity with which paramilitary groups continue to operate
      throughout much of the country, despite the Army’s presence, and the
      ever escalating violence that continues to cause forced displacement of
      the civilian population, suggest that these groups continue to operate
      with the collaboration and acquiescence of agents of the State.   IV. FORCED DISPLACEMENT  43.            
      During the year 2000, the forced displacement of civilians
      continued to be used as a military control strategy in the armed conflict. 
      Some 48% of the cases of internal displacement were carried out by
      paramilitary groups, while 29% were the work of armed dissidents.[42] 
      Displacement caused by unknown parties rose to 16% of the total,
      which would seem to indicate that the protagonists in the conflict do not
      always want to claim responsibility for the acts of violence that cause
      and attend displacements.   44.            
      The CODHES reports point out that around 319 thousand people from
      65,000 homes were forced to leave those homes in the year 2000,[43]
      which is the highest number of displaced persons recorded in the last five
      years.[44] 
      More than half those displaced are minors whose families whose
      rights to personal dignity, property, freedom of movement and residence
      have been violated and whose most basic economic, social and cultural
      rights have been seriously aggrieved. 
      According to the information presented by the State, the figures of
      SEFC Red de Solidaridad Social
      indicate that during the year 2000 there have been 1,351 massive
      displacement events affecting 128,843 persons, belonging to 26,819 homes.[45] 
      Of these displacements, 35% (467) correspond to the first half of
      the year and 65% (884) to the second, constituting a 89% increase. 
      As far as attribution of responsibility for the total volume of
      forced displacement in the year 2000 is concerned, the SEFC estimates that
      the AUC caused 58.09%, armed dissident groups caused 11.26%, armed State
      agents caused 0,13% and the remaining 30,51% was caused by more than one
      of the former.[46]   45.            
      Apart from the city of Bogotá, the regions most affected by the
      displacements were the departments of Antioquia, Magdalena, Bolívar and
      Valle, as well as the departments of Nariño, Tolima, Huila and Guajira,
      which had heretofore not been so hard hit by this phenomenon.[47] 
      Some of the most egregious cases of forced displacement during the
      period occurred in the municipalities of Juradó (Chocó), Carmen de Bolívar
      (Bolívar) and Sitionuevo (Magdalena) and in the departments of Tolima,
      Valle del Cauca and Putumayo.   46.            
      On December 12, 1999, armed dissidents attacked the Marine base in
      the municipality of Juradó, department of Chocó.[48] The town was destroyed
      and at least 4,500 people were forced from their homes and fled to the
      municipalities of Bahía Solano in the Department of Chocó, and
      Buenaventura in the Department of Valle, and to Darién province in Panama[49]
      where the Panamanian Government and the office of the UNHCR attended them. 
      Some inhabitants of Juradó returned in the first half of 2000. 
      However, in late September 2000, approximately two thousand people
      walked from Juradó to Jaqué to protest the situation and the presence of
      armed elements in that municipality.[50]   47.            
      On February 18, 2000, the AUC’s Bloque Norte y Anorí massacred
      45 people in the district of El Salado, Department of Bolívar.[51] 
      The 15,000 people driven from their homes as a result, went to the
      municipalities of Carmen de Bolívar, Turbaco, Arjona and Cartagena (Bolívar),
      Ovejas and Sincelejo (Sucre) and Barranquilla (Atlántico), among others.[52] 
      The inhabitants of the district of El Salado had already been
      displaced, following a paramilitary-perpetrated massacre in March 1997.[53] 
      The situation that the forced displacement of the inhabitants of El
      Salado created was to be expected and therefore raises serious questions
      about the effectiveness of the early-warning systems set up by the State
      and its ability to react swiftly.  In
      this sense the Government acknowledged in its observations that this
      system is still in a planning stage and "intends to surpass the lack
      of coordination and trust between competent instances, as well as the lack
      of trust in the sources and the contents of the warning reports and the
      scarce human and logistical resources available, that are the main cause
      of insufficient and delayed action by the ensemble of State institutions
      devoted to preventing internal displacement."[54]
         48.            
      In late April 2000, armed dissidents attacked the town of Puerto
      Saldaña, Department of Tolima, and clashed with the AUC. 
      In the aftermath, 23 people were dead, more than a hundred homes
      destroyed and approximately 1,500 people displaced.[55] 
      A significant number of people were driven from the outskirts of
      Puerto Saldaña and from hamlets like San Isidro, El Placer, Edén, Alto
      Bonito, Cambrín, La Ocasión, La Cumbre, La Cascada and Llaneta, to the
      municipalities of Rioblanco, Chaparral, San Antonio, Planadas and Ibagué.[56] 
      Although an inter-institutional commission was formed to help the
      victims, some 200 families, which included 600 children, became squatters
      on a vacant lot on the outskirts of Ibagué in July 2000.[57]   49.            
      With regard to the humanitarian crisis in the Cauca Valley, the
      National Register of Displaced Persons of the Social Solidarity Network
      listed 10,485 persons as displaced persons. 
      Of these, 3,003 are in the municipality of Tuluá, 899 in Buga and
      2,010 in Buenaventura. This last city saw some of its own inhabitants
      displaced when 12 people were massacred and another four disappeared in
      the district of Zabaletas[58].   50.            
      On August 31, 2000, the Calima Front of the AUC ordered the
      displaced persons that had been living on the outskirts of Tuluá for
      several months, to leave the community within 30 days.[59] 
      On September 11, 2000, in response to an urgent request for
      precautionary measures, the Commission asked the State to supply
      information on the situation in question.  In reply, the Commission sent a verification mission, which
      included representatives of the Ministry of the Interior and the United
      Nations High Commissioner for Refugees, which met with the mayors of Buga
      and Tuluá, the Army, the Police, the Office of the Attorney General and
      the displaced persons.[60] 
      The Commission has received information to the effect that the
      displaced families who still live on the outskirts of Tuluá and Buga,
      given the violence in the municipality, now have police guards and
      emergency relief from the French and Spanish Red Cross. 
 [ Table of Contents | Previous | Next ] [1]
        Note EE 0742 General Office of Special Affairs, Ministry of Foreign
        Affairs of the Republic of Colombia, April 9, 2001 and annex
        entitled “Observations of the Colombian Government to the Draft Report
        on the General Situation of Human Rights in Colombia” (hereinafter
        “Observations of the State”). [2]
        Observations of the State, p.
        1. [3]
        Article II of the Inter-American Convention on Forced Disappearance of
        Persons provides that: 
        “For the purposes of this Convention, forced disappearance is
        considered to be the act of depriving a person or persons of his or
        their freedom, in whatever way, perpetrated by agents of the state or by
        persons or groups of persons acting with the authorization, support, or
        acquiescence of the state, followed by an absence of information or a
        refusal to acknowledge that deprivation of freedom or to give
        information on the whereabouts of the person, thereby impeding his or
        her recourse to the applicable legal remedies and procedural
        guarantees.” [4]
        IACHR, “Follow-up on the Third Report on the Situation of Human Rights
        in Colombia,” Annual Report of
        the IACHR 1999 Vol. II. 
        Third Report on the
        Situation of Human Rights in Colombia (1999) Chapter IV. [5]
        IACHR, Third Report on the
        Situation of Human Rights in Colombia, Chapter II, Recommendation 8,
        p. 56. [6]
        Bill of Law 159/01, cited in the Observations of the State, p. 4. [7]
        Observations of the State, p. 3 and 4. 
        Such Commission is composed of governmental and State
        authorities, a representative of the Association of Families of
        Detainees and 
        Disappeared Persons (ASFADDES) and a representative of the
        Colombian Commission of Jurists, chosen by other non-governmental
        organizations. 
        This Commission is chaired by the Ombudsman. [8]
        Ministry of Defense of the Republic of Colombia, Informe
        Anual Derechos Humanos y DIH 2000, January 2001. [9]
        Constitutional Court, Judgment SU-1150, August 30, 2000.  [10]
        This Commission, chaired by the Vice President and composed of the
        Ministers of the Interior, Foreign Affairs, Justice, Defense, and Labor,
        as well as the High Commissioner for Peace, functions through ten
        thematic subgroups: Combat of the AUC and other illegal armed groups,
        coordinated by the Ministry of the Defense; Fight against impunity,
        coordinated by the Ministry of Justice; Assistance to displacement,
        coordinated by the Red de
        Solidaridad Social; Protection of Human Rights Defenders, trade
        union leaders and persons under threat, 
        coordinated by the Ministry of the Interior; Population Groups in
        Situation of Risk, coordinated by the Red
        de Solidaridad Social; Prison Policies, coordinated by the Ministry
        of Justice; Legislative Measures and promotion of International
        Humanitarian Law, coordinated by the Human Rights Presidential Program;
        Education, promotion and prevention, coordinated by the Ministry of the
        Interior, and the Working Group on International Affairs, coordinated by
        the Ministry of Foreign Affairs. 
        Observations of the State, p. 6. [11]
        Press communiqué from the Colombian office of the United Nations High
        Commissioner for Human Rights, dated January 18, 2001. [12]
        Report presented by the Colombian Commission of Jurists at the hearing
        on the general situation of human rights in Colombia, held during the
        110st regular session of the IACHR in February 2001. 
        The State did not challenge the figures in the report. [13]
        Ibid. [14]
        See: Colombian Commission of Jurists, Panorama
        de Violaciones a los Derechos Humanos y al Derecho Humanitario en
        Colombia, page 1. [15]
        For an official account of some of these massacres, see Ministry of
        Defense of the Republic of Colombia, Informe
        Anual Derechos Humanos y DIH 2000, January 2001, p. 104. [16]
        Report presented by the Colombian Commission of Jurists at the hearing
        on the general situation of human rights in Colombia, held during the
        110st regular session of the IACHR in February 2001. 
        The State did not challenge the figures in the report. [17]
        Observations of the State, p. 12.  [18]
        The State alleged in its observations that “none of the current or
        former members of the UP under the Special Program of Protection created
        pursuant to the friendly settlement process in case 11.227 have seen
        their lives or physical integrity affected”. 
        Observations of the State, p. 12. [19]
        CINEP & Justicia y Paz, Banco de Datos de Derechos Humanos y
        Violencia Política, the journal Noche
        y Niebla, Nº 16, April, May and June 2000. [20]
        CINEP & Justicia y Paz, Banco de Datos de Derechos Humanos y
        Violencia Política, the journal Noche
        y Niebla, Nº 16, April, May, June 2000, pp. 28-40. [21]
        CINEP y Justicia & Paz. 
        Noche y Niebla Nº 17 (July, August and September
        2000). Newspaper
        “El Colombiano”, December
        2, 2000, p. 7A. [22]
        The newspaper El Colombiano,
        Medellín, November 3, 2000, p. 8A. [23]
        Idem, December 2, 2000, p. 7A. [24]
        Statements made by the Ombudsman. 
        The
        newspaper El Colombiano,
        Medellín, February 20, 2001. [25]
        The newspaper El Colombiano,
        Medellín, November 12, p. 9A. [26]
        Information reported at the hearing on the general situation of human
        rights in Colombia, held on February 27, 2000, during the 110th
        regular session of the IACHR. [27]
        Ibid. [28]
        Dossier of the International SOS Campaign by social organizations and
        communities in the departments of Cauca and Nariño, prepared by CODHES,
        MINGA, CINEP, the Corporación Colectivo de Abogados “José Alvear
        Restrepo” and FCSPP, January 2001. [29]
        Ibid. [30]
        Ibid. [31]
        Observations of the State, p. 15. [32]
        Ministry of Defense of the Republic of Colombia, Informe Anual. 
        Derechos
        Humanos y DIH 2000.
        January 2001. [33]
        Colombian Commission of Jurists, Panorama de Violaciones a los Derechos
        Humanos y al Derecho Humanitario en Colombia, p. 5. [34]
        See CINEP & Justicia y Paz, Banco de Datos de Derechos
        Humanos y Violencia Política, the journal Noche
        y Niebla, Nos. 16 and 17, April – September 2000. [35]
        Ministry of Defense, Los grupos
        ilegales de Autodefensa en Colombia, December 2000, pp. 18 and 19. [36]
        “Los grupos ilegales de Autodefensa en Colombia”, Ministry of
        Defense, December 2000. [37]
        “Panorama de los Grupos de Autodefensa,” a publication of the
        Observatorio de los Derechos Humanos y Derecho Internacional
        Humanitario, Office of the Vice President of the Nation, December
        2000, p. 12. [38]
        Ibid. 
        The State expressed similar concerns in its Observations to the
        present Report, p. 19. [39]
        Observations of the State, p. 20. [40]
        “Panorama de los Grupos de Autodefensa,” a publication of the
        Observatorio de los Derechos Humanos y Derecho Internacional
        Humanitario, Office of the Vice President of the Nation, December
        2000, pp. 10 and 11. The figures quoted by the State also indicate that
        the casualties caused and prisoners taken between 1995 and 2000,
        considered together, allegedly show that the Security Forces have
        deprived the AUC of 14.6% of its current 8150 present members. 
        Between January and February 2001 the Armed Forces have caused
        eight casualties and captured 70 AUC members. 
        Observations of the State, p. 17. [41]
        See IACHR, Admissibility Reports
        57/00 (La Granja, Ituango) and 33/01 (Mapiripán, Meta) Annual Report of
        the IACHR 2000. [42]
        See, CODHES Informa, Boletín de la Consultoría para los Derechos
        Humanos y el Desplazamiento, July 2000. [43]
        Desplazamiento y derechos humanos, Consultoría para los Derechos
        Humanos y el Desplazamiento, CODHES, 2001. [44]
        In 1999, 288,000 people were displaced. Codhes
        Informa,
        Boletín de Prensa N°
        26, November 18, 1999, p. 3 and Boletín de Prensa N°
        30, August 2000, p. 1. [45]
        Red de Solidaridad Social Red
        Nacional de Información de Población Desplazada: Avances Componentes,
        Metodología y Cifras, 
        Bogotá, February 2001, p. 7 and 36, cited in the Observations of
        the State, p. 21. [46]
        Ibid. [47]
        CODHES, Codhes Informa,
        Boletín de Prensa N°
        33, December 5, 2000, p. 1. [48]
        “Juradoseños tienen el corazón en Panamá”, El Colombiano, January 15, 2000, p. 8 A. [49]
        “Juradó quiere ser de Panamá”, El
        Espectador, January 15, 2000, p. 8 A; “No vamos a ser un pueblo
        fantasma”, El Espectador,
        January 24, 2000, p. 6 A. [50]
        “Nuevo desplazamiento hacia Panamá”, El
        Colombiano, September 29, 2000, p. 7 A. [51]
        CINEP y Justicia y Paz (BCJP), Banco de datos de derechos
        humanos y violencia política, Noche y niebla – panorama de
        derechos humanos y violencia política en Colombia, N°
        15,
        2000, p. 117. [52]
        “Emergencia humanitaria por desplazamiento”, El Colombiano, February 27, 2000, p. 6 A; “1.010 desplazados
        llegaron a Marialabaja”, El
        Universal, March 14, 2000, p. 7 B. [53]
        Banco de datos de derechos humanos y violencia política de CINEP y
        Justicia y Paz (BCJP), Noche y niebla – panorama de derechos
        humanos y violencia política en Colombia, Bogota, BCJP, n.°
        15, 2000, p. 117.  [54]
        Observations of the State, p. 27. [55]
        “Saldaña, arrasada por FARC”, El
        Tiempo, May 9, 2000, pp. 1-4. [56]
        “Emergencia humanitaria en la zona sur del Tolima”, El Espectador, May 11, 2000, p. 5 A; “Como hace 50 años nos
        vamos por la violencia”, El
        Espectador, May 14, 2000, p. 7 A. [57]
        “Los desplazados invaden Ibagué”, El Tiempo, July 3, 2000, pp. 1-12. [58]
        “Continúa tensión en Anchicayá”, El Espectador, May 19, 2000, p. 7 A. 
        Social Solidarity Network, Public communiqué, October 24,
        2000, p. 3. [59]
        Social Solidarity Network, Public communiqué, October 24, 2000. [60]
        Note EE 2505 from the Office of the Director General for Special Affairs
        of the Ministry of Foreign Affairs of Colombia, November 2, 2000. 
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