Situation of Human Rights and International Humanitarian Law in Colombia2008 – 2013

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Four years after the United Nations Human Rights Council issued a set of re-commendations within the framework of the Universal Periodic Review (UPR), the human rights and advocacy team of Secretariado Nacional de Pastoral So-cial , briefly highlight several aspects, dynamics and trends relevant to the na-tional context in the report, which should be considered in together with the new recommendations issued by UPR in 2013.

This report provides an overview of the country’s human rights situation in re-lation to five key aspects: Civil and Political Rights focused on the Right to Life, Freedom and Integrity; fight against impunity, particularly addressing the issue of access to justice and restitution of rights to the victims of the armed conflict; the situation of the IHL; Economic, Social, Cultural and Environmental Rights; and the search for peace, specifically focusing on the dialogues between the Colombian Government and the FARC guerrillas (Fuerzas Armadas Revolucio-narias de Colombia) taking place in Havana, Cuba, and the numerous challen-ges that this situation poses for the country.

Bogotá D.C. – Colombia

March 2013.

Introduction

1. Secretariado Nacional de Pastoral Social – Cáritas Colombia is an organization of the Colombian Bishops Conference and reports to the Episcopal Commission for Social Action and Charity, whose mission is “to assist the social and charitable work of the Church in Colombia in order to achieve integral human development and the construction of a new society based on solidarity, justice, peace and the respect for human rights, in the light of the Word of God and the social teaching of the Church”.

We are part of the “Caritas Internationalis” network, a confederation formed by 162 Catholic organizations with a presence in 200 countries around the world working since 1950 in the fight against the structures that keep people in poverty and oppression, with the aim of achieving a fair society based on solidarity and social justice.

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ContentsI. Civil and Political Rights: life, freedom and integrity…5II. Fight against Impunity and the Victims and Land Restitution Law...7

III. International Humanitarian Law…9

IV. Economic, Social, Cultural and Environmental Rights - ESCER...11

V. Peace dialogues with the FARC in Havana: the challenges ahead…15

Photo:Secretariado Nacional de Pastoral Social.Caritas Colombiana.

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“We view with hope the reforms and legislative initiatives that aim to protect human rights, particularly, the right to guarantee

the reparation of victims and land restitution”Message from the Catholic Bishops to the Colombian Population2

per 100,000 inhabitants, which nearly represents five times the world’s average rate of 6.9 for the same year. According to the National Institute of Legal Medicine and Forensic Sciences (INMLCF, for its abbreviation in Spanish) 64,564 people were re-ported to have disappeared; of these, 11,215 were found alive but 2,458 were found dead and 50,891 are still missing - over two thirds of the total.4

Likewise, there are still risks and obstacles to exer-cise the defence of human rights. Between 2010 and 2012, at least 923 people have suffered some type of violation against their life, freedom or in-tegrity as a result of this situation, and 142 people have been murdered, while at least six of these had previously disappeared. These numbers inclu-de indigenous leaders, Afro Colombians, lawyers and leaders of victims’ organizations.5

In November 2012, the report issued by the Pro-secutor of the International Criminal Court, Fatou Bensouda, revealed the alleged participation of official army members in the homicide of civilians who were then registered as guerrilla members ki-lled during combat, referred to as “false positives”, and stated that “there is strong case to believe that these incidents occurred to comply with the policy adopted by the armed forces.” 6

The Court also acknowledges the progress made by the Colombian authorities to put an end to this situation, as well as the efforts made to investigate

I. Civil and political rights: life, freedom and integrity.

2. Colombian Bishops Conference, (2012). 92nd Bishop’s Plenary Assembly. Bogotá D.C.

3. Peace and Justice Law or Law 975 of 2005 in the Colombian Legislation is the legal framework promoted by the government of Álvaro Uribe Vélez and duly approved by the Congress of the Republic, to facilitate the paramilitary demobilization process in Colombia, part of the guarantee rights to the truth, justice and reparation of victims. This Law may eventually be used as well in the demobilization processes of other illegal

armed groups, such as guerrilla groups.

4. Secretariado Nacional de Pastoral Social, (2013). Análisis de Realidad Nacional presentado a la XCIV Asamblea Plenaria del Episcopado Colombiano. (Analysis of the National Reality presented to the 94th Plenary Assembly of the Colombian Bishops Plenary). pp. 8-11 Bogotá D.C.

5. Ibid

6. Ibid

There are a number of opportunities in Co-lombia to overcome impunity and improve the human rights situation in Colombia, including the following governmental initiatives that were approved by the Congress and the Constitutional Court: the declaration by the Colombian govern-ment that an armed conflict exists in Colombia; the reform of the Justice and Peace Law (975) of 20053; the legal framework for peace and the Vic-tims and Land Restitution Law; and the proposal to formulate a human rights public policy.

Within the context of the ongoing armed conflict, human rights violations continue to be commit-ted on a daily basis in the country, affecting those human rights defenders (HRD), organizations re-presenting victims and land restitution claimants, social and political leaders, as well as women, chil-dren, indigenous and Afro Colombian communi-ties, particularly in rural, border regions, drug tra-fficking areas and areas rich in natural resources.

Between 2008 and 2012, the humanitarian situa-tion affecting women, children and ethnic and rural communities is highlighted in the constant recommendations made by the United Nations Office of the High Commissioner for Human Ri-ghts, calling for these groups to be able to access their rights.

With regards to the situation of violence in 2012, the rate of homicide in Colombia was 36 people

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and sanction the conduct of the armed forces that may be of relevance, and calls for a better prioriti-zation of serious cases of human rights violations, as a way to efficiently tackle impunity.7

To adopt a policy and a national action plan on human rights and IHL, the Colombian government has been leading on the creation and implemen-tation of a National Human Rights Conference. This is a national forum which brings together re-presentatives from civil society, the international community and public institutions and promotes the participation of diverse social movements, communities, leaders and social organizations, through regional forums during 2011 and 2013. This culminated in the organization of the Natio-nal Forum on Human Rights, endorsed by the Vi-ce-Presidency of the Republic.

At a continental level, there is a risk of weakening international guarantees to overcome impunity, in light of the proposal of several members of the Organization of American States (OAS) to limit the scope of the Inter-American Human Rights System (IAHRS), modify the power of the Inter-American Commission on Human Rights (IACHR) to monitor the human rights situation in the region, issue re-ports regarding the human rights situation, and issue precautionary measures to protect popula-tions, victims, and human rights defenders and would also lead to changes in its structure and functions, making it less participative and open to civil society. These proposals are supported by several countries in the region, such as Colombia, Venezuela and Ecuador.8

7. Ibid

8. Ibid

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“Impunity stands as a big threat against democracy and in fact it has undermined it because it affects the credibility of institutions and impairs

the achievement of proper protection for citizens’ rights and freedom.”Message from the Bishops to the Colombian Population10

In order to fight against impunity and provide support and reparations to the victims of the ar-med conflict, thanks to a government initiative, the Congress passed Law 1448 in 2011. During the first year, the focus was on developing the crite-ria and procedures required to ensure an integral reparation strategy, hence enacting Decrees and Decree Laws oriented towards:

• Defining the differential approach required to provide integral support and reparations to indi-genous, Afro Colombian and ROM (Roma) popula-tions that are victims of the armed conflict throu-gh the enactment of Decree Laws 4633, 4634 and 4635 in 2011.13

• Establishing land restitution mechanisms, inclu-ding administrative and judicial processes throu-gh the enactment of Decree 4829 in 2011.

II. Fight against Impunity and Victims and Land Restitution Law 9

The programs of institutional strengthening de-veloped by the State during the last few years are commendable. They aim to improve access to jus-tice for the victims of the armed conflict, as well as to offer legislative initiatives, such as the reform of the Justice and Peace Law, and the Constitutional Reform to incorporate the principles of transitio-nal justice into the Magna Carta.

Several challenges stand in the way of achieving greater access to justice for human rights abuses and crimes against humanity, such as the need to improve the ability to investigate and solve these types of cases and tackle institutional corruption problems that hinder progress made to investiga-te phenomena such as the restructuring of para-military groups, as expressed in the Human Rights World Report 2012, issued by the Department of State of the United States of America. 11

“This is the beginning of a historic process serving to acknowledge the

rights of victims - a fundamental step towards reconciliation and peace.

The enactment of laws passed for this specific purpose represents a historic

challenge for the country and it demands solidarity from the population

and in particular, commitment from recently elected local and regional

authorities, to put an end to the historic chain of dispossession of land.”

Message from the Catholic Bishops to the Colombian Population12

9. Secretariado Nacional de Pastoral Social, (2012). Adversidades y realidades en el camino de la paz: Colombia hoy. (Adversity and reality in the road to peace: Colombia today) pp. 11-22. Bogotá D.C.

10. Colombian Bishops Conference, (2012). Bishop’s Plenary Assembly (2012). Bogotá D.C.

11. Secretariado Nacional de Pastoral Social, (2012). Adversidades y realidades en el camino de la paz: Colombia hoy. (Adversity and reality in the road to peace: Colombia today). pp. 11-22. Bogotá D.C.


13. Decree Law 4633 of 2011: “By means of which the State establishes several measures to provide support, assistance, integral reparation and land restitution to victims belonging to indigenous populations and communities.” Decree Law 4635 of 2011: “By means of which the State establishes several measures to provide support, assistance, integral reparation and land restitution to victims belonging to ROM or Roma communities.” Decree Law 4635 of 2011: “By means of which the State establishes several measures to provide support, assistance, integral reparation and land restitution to victims belonging to ethnic black, Afro-Colombian, raizales (Afro-Caribbean) and palenquera communities.”

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• Determining procedural aspects such as the Victims Register and the criteria and amounts for administrative compensation14 through the enact-ment of Decree 4800 in 2011.

• Finalising the changes made to the institutions created by this Law, which include the Special Ad-ministrative Unit for Victim Support and Repara-tion and the Special Administrative Unit for Land Restitution Management.

This Law reduced the maximum amount of admi-nistrative reparations for displaced victims by decrea-sing the minimum monthly wage from $15,300,900 Colombian pesos (around US$8,500) to $9,633,900 pesos (US$5,350). In comparison, the maximum amount defined by Decree 1290 in 2008 of the Jus-tice and Peace was 40 minimum wages; however in the new Victims Law the amount now ranges be-tween 17 to 27 minimum monthly wages.

With regards to the consultation process with Afro Colombian and indigenous populations made prior to the formulation of this Law, some difficulties aro-se in the Departments of Chocó and Valle del Cauca, where the organisations and communities participa-ting in meetings, made it clear that there was insu-fficient participation and discussion on the content and scope of the project, and how the law would be regulated to favour ethnic communities.

In order to plan the financial implications of the Law, a document was produced (CONPES

3712/2011) that promotes a policy of fiscal sustai-nability in order to maintain the nation’s macro-economic principle, hence avoiding increases in social expenditure as a result of its implementa-tion, despite the fact that the cost of implemen-ting the Law is likely to reach approximately 54 billion Colombian Pesos (roughly 30 billion US Do-llars)15 according to the national Government. This indicates that the integral reparation of all victims is not completely guaranteed thus far.

With regards to the gaps in the Law, the Constitu-tional Court has played an important role in deve-loping the jurisprudence that clearly defines who may have access to land restitution. Furthermore, it has defined the scope of the law as a right that goes beyond land restitution and calls for com-pensation for the loss of goods and property, as well as the socio-political and safety guarantees required to return to the dispossessed land.

14. Forty (40) minimum wages is the maximum amount allocated to victims of homicide, forced disappearance and kidnapping, also allocated to victims who have suffered permanent lesions or disabilities. Up to 30 times a minimum wage for those who suffered lesions that do not cause permanent disability, and for victims of torture, inhumane treatment, sexual assault and forced recruitment of minors.

15. In the Colombian legislation, fiscal sustainability is a constitutional principle recently adopted thanks to a reform promoted by the government of President Juan Manuel Santos. The major concern regarding this issue, according to the Comptroller Sandra Morelli, is that when advocating this principle, it is possible that the Victims and Land Restitution Law misinterprets its core objective: providing armed conflict victims with access to their rights, namely to the truth, the justice and the integral reparation.

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“Drug trafficking still is a truly “deathly business” within our society, which is greatly affected by micro-trafficking and drug use that begins

at a young age. The solution to this critical situation demands a deep reflection about the causes and a policy that responds properly to

each of these aspects, offering integral prevention programmes that offer alternate options and examine the causes of drug-dependency.”

Message from the Catholic Bishops to the Colombian Population16

With regards to armed confrontations in 2011 alone, there were 301 confrontations in 127 mu-nicipalities across the country, 1,389 infractions of IHL in 249 municipalities, 334 people killed, and a worsening of the violence in border Departments such as Norte de Santander, Arauca, Nariño, Cau-ca and Antioquia. Paramilitaries were responsible for at least 61% of the total infractions of IHL that occurred in 2011. According to the report issued by the Office for the Coordination of Humanitarian Affairs (OCHA) in June 2012, between January and June, there was a decrease in the number of armed confrontations between armed forces and illegal armed groups; however, since July, clashes have been increasing in Cauca, Putumayo and Arauca.19

Furthermore, there is still evidence of mass displa-cements per Department, as a result of fighting and attacks by illegal armed actors in civilian areas. According to OCHA, during the first half of 2012,

III. International Humanitarian Law (IHL)

The Congress of the Republic of Colombia’s report corresponding to the first two years in office of Presi-dent Santos stated that the Comprehensive Security and Defence Policy for Prosperity (PISDP, for its ab-breviation in Spanish) had been successful.

However, in Colombia, actions by guerrilla groups still persist. Furthermore, the reconfiguration of the paramilitary groups under the new label of cri-minal bands, funded by drug trafficking and illegal mining, has resulted in a surge in the number of murders, massacres and displacement in several regions around the country, particularly in border regions, rural areas and geostrategic economic co-rridors. These criminal bands, in alliance with or-ganised crime networks, also affect urban centres, recruiting children and young people into their groups and financing prostitution networks and commercial and sexual exploitation in the case of boys and girls.

“We view with deep concern the high cost of life and the intolerable humanitarian situation caused by terrorist attacks from illegal armed groups that constitute terrible violations of IHL. We call upon all those who have taken up arms to stop the violence, respect universal norms that protect humanity, and with regards to the civil population, free all people kidnapped and demonstrate genuine interest and desire to start negotiation processes to end the armed conflict and bring peace to our country.”Message from the Catholic Bishops to the Colombian Population18

16. Colombian Bishops Conference, (2012). 92nd Bishop’s Plenary Assembly. Bogotá D.C




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nearly 16,200 people were displaced in 57 cases of mass displacement. According to this data, there has been a small reduction in cases of 4% in compari-son with the same period in 2011, with 16,200 peo-ple displaced as a result of 61 incidents. In 2012, the Pacific Coast was most affected and Cauca was the most affected Department, followed by Nariño, Pu-tumayo and Chocó. It is important to mention that hostilities and death threats against civilians were the principal cause of mass displacements. In the context of armed conflict and threats against human rights, the situation experienced by leaders of land restitution processes is equally worrying; they have received death threats, suffered forced displacement and even killed.20

An additional concern is the situation of defenders and leaders of land restitution processes. Human rights platforms, such as the National Movement of Victims of State Crimes (MOVICE) report that least 50 land reclamation leaders were assassinated between 2001 and 2012, while the Rural Press Agency indi-cates that since 2005, over 70 assassinations of land reclamation leaders have been reported, 26 of which occurred between 2010 and 2011, and in 2012, 16 HRD were assassinated in connection to land restitu-tion processes.21

20. Ibid

21. Ibid

22. Ibid

This scenario is even more worrying when one takes into account the recent creation of an anti-restitution army formed by ex-paramilitary members, who are still active throughout the country. This group has claimed responsibility for threats made against se-veral defenders, land reclamation leaders, and even political leaders that strongly defend land restitution, such as Mr. Iván Cepeda, a member of parliament. Defenders and leaders have been threatened and killed in regions such as Urabá (Antioquia), Valle del Cauca, Córdoba, Sucre, Bolívar and Magdalena, hi-ghlighting the significant impact of the armed con-flict on the civilian population.22

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“It is recognised that the unequal distribution of resources results in growing inequality. We urge all citizens to come forward and report all types of corruption, to make sure that the resources destined for the common good are actually used in the proper manner, with full transparency, and contribute to the establishment of a fairer, more

egalitarian, equitable, fraternal and supportive society.”Message from the Catholic Bishops to the Colombian Population23

half of the municipalities in the country, which ranges from between 0 and 26.9 of the UBN.28

Despite the fact that poverty and unemployment fuel social problems such as the armed conflict, drug trafficking, smuggling, the informal economy and the illegal culture in Colombia, there has been a growing trend in recent years towards a gradual reduction in unemployment and poverty levels, combined with an increase in education and so-cial security coverage, and a more favourable en-vironment for foreign investment, thus gradually contributing towards an improvement in these figures.29

In Colombia, phenomena like forced displacement as a result of the violence also results in upheaval, extreme poverty and the destruction of the social fabric, contributing not only to the abandonment of rural areas and the disruption of food produc-tion, but also to swelling the levels of poverty and informality in urban centres. This results in greater discrimination and exclusion, creating a larger de-mand for public services and social welfare, such as healthcare, education, employment and hou-sing. However, the resources and infrastructure avai-lable in urban centres around the country to respond to this situation have been overwhelmed.30

IV. Economic, Social, Cultural and Environmental Rights – ESCER

The levels of inequality, social injustice, unem-ployment and poverty in Colombia have been a constant concern for the Colombian Bishops Con-ference. Furthermore, corruption and illegal acti-vities within the context of a worldwide economic crisis,24 and social problems such as hunger and the lack of housing for the poorest sectors of so-ciety are also worrying.25

Public spending in Colombia ring fenced for ad-dressing social issues, such as education, health and nutrition, social security, housing, water and sewerage systems, is still much lower than in coun-tries with lower levels of income and lower Human Development Index, such as Bolivia. This highli-ghts the outstanding challenge of overcoming so-cial and economic inequality, and consolidating a more inclusive and egalitarian democracy.26

Colombia continues to have one of the highest inequality indices in the world, reporting a Gini in-dex of 0.58, over 12% unemployment and 34% of the population living in poverty, which is in strong contrast with the Latin American average of 28.8% living in poverty, or 11% for countries experiencing similar levels of economic growth, such as Chile.27 The situation of inequality is also reflected in the high levels of unsatisfied basic needs (UBN) in over


24. Colombian Bishops Conference, (2009). Press Release from the 86th Bishop’s Plenary Assembly. Bogotá D.C.

25. Colombian Bishops Conference (2010). New call for democracy in the 2010 election process. Bogotá D.C.

26. Colombian Bishops Conference (2009). A reality that questions us (Vol. 2): A community that walks in hope. pp. 91-96. Bogotá D.C.

27. Secretariado Nacional de Pastoral Social, (2013). Análisis de Realidad Nacional presentado a la XCIV Asamblea Plenaria del Episcopado Colombiano. (Analysis of National Reality presented to the 94th Plenary Assembly of the Colombian Bishops Plenary). pp. 14-17 Bogotá D.C.

28. Ibid

29. Ibid.

30. Ibid

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Another factor of poverty and inequality that re-sults in forced displacement is the concentration of land. 78.3% of rural land owners own only 6.1% of the rural land in an agricultural country such as Colombia. Meanwhile, there has been an increase in bio-fuel production that requires large levels of capital investment that tends to exclude medium and small size producers. For example, 213,082 hectares of land have been prioritised for crops such as African palm, reducing the availability of land for the production of food such as corn, pota-toes, soybean, bananas, beans and wheat.31

The economic growth strategy of the current po-licy of democratic prosperity of President Juan Manuel Santos, based on five engines: housing, infrastructure, mining and energy, agriculture and innovation, aims to drive economic development forward by attracting foreign investment; gene-rating economic development of the rural sector; and creating employment and improving the li-ving conditions of Colombians, particularly the poorest people in rural areas across the country.32

The expansion of land for agriculture, livestock farming, mining and oil and the growing urbani-sation and the deindustrialisation of key sectors of the Colombian economy, such as the manufactu-ring sector, are challenges that the country must take responsibility for in order to achieve the desi-red results. It is also important to consider the pos-sible social and economic impact of these changes on rural and vulnerable sectors of society.33

Another source of concern is the presence of both national and foreign mining projects in campesi-no (small scale farmers), indigenous and Afro-Co-lombian communities, which are implemented without the communities’ fundamental right to consultation, and with little consideration for the

social and environmental impact, thereby des-troying the rainforest - the planet’s lungs, as well as increasing the disparity, and even opposition, between the development of the mining industry and agrarian human development. Mining is also generating further unemployment, poverty and a serious deterioration in health caused by inappro-priate exploitation practices, all of which can trig-ger environmental and social conflicts that even-tually result in new violence.34

“It is believed that we are supporting a mining extraction model without the sufficient technological and industrial development, nor the tertiary sectors in mining areas. This model is having a significant environmental impact in the mining regions, with limited social impact in terms of human development. We have also ignored the historic reasons that lead to informal mining and gave birth to illegal and violent forms of mining.”National Assembly of Bishops – 201235

Colombia boasts 60% of the páramo ecosystems in the world, with over 300 known páramos, co-vering, 1,932,000 ha. However, despite the Mining Code, the National Constitution and a ruling issued by the Constitutional Court ordering special pro-tection of these ecosystems, at present, 108,972 ha of páramos have been granted in mining con-cessions for exploration and exploitation as part of 391 mining titles. The discovery of gold and coal in these areas represents a serious threat for these regions that provide 70% of the water consumed in the country.36

31. Ibid.

32. Secretariado Nacional de Pastoral Social, (2013). Análisis de Realidad Nacional presentado a la XCIV Asamblea Plenaria del Episcopado Colombiano. (Analysis of National Reality presented to the 94th Plenary Assembly of the Colombian Bishops Plenary Assembly). pp. 14-17 Bogotá D.C.

33. Ibid.34. Colombian Bishops Conference (2012). Una realidad minero energética actual, riesgos y posibilidades (Present mining and energy reality, risks and possibilities). Bogotá D.C.

35. Ibid.

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The negative impact of the extractive industry is visible in indigenous land in the Departments of Huila, Guaviare, Antioquia, Chocó, Valle del Cau-ca, Nariño, Norte de Santander, Arauca, La Guajira and Córdoba; and in five of these, the industry also affects collective land of Afro-Colombians, serious-ly impacting on their culture and way of living.37

The extractive industry is having a significant im-pact on the land, and consequently on the coun-try’s ecosystems, such as the deforestation of large areas of the country, the construction of a large number of hydroelectric plants and the acquisi-tion of strategic areas in the south of the country as “water basins and springs bought by fake com-panies, claiming to be from the Arab Emirates, to obtain a monopoly over water” and the establish-ment of monocrops to supply food for citizens. All these are factors which have contributed to the re-cent heat waves and drying up of rivers in Colom-bia, putting not only the sustainability of the envi-ronment at risk, but also the future of humanity.38

The Diocese from Leticia, Istmina-Tadó, Quibdó and the Apostolic Vicariate from Puerto Inírida, are facing phenomena such as the “purchase of oxygen” and “patenting of the genetic properties of flora and fauna39” in their territories. These are just two examples of the recent purchasing of natural resources as a commodity. “Several NGOs have come to these regions to advise indigenous

36. Secretariado Nacional de Pastoral Social, (2013). Análisis de Realidad Nacional presentado a la XCIV Asamblea Plenaria del Episcopado Colombiano. (Analysis of National Reality presented to the 94th Plenary Assembly of the Colombian Bishops Plenary Assembly). pp. 14-17 Bogotá D.C.

37. Ibid.

38. Ibid.

39. Translated from the Spanish text “Información genética de flora y Fauna”.

40. Ibid

people on the sale of oxygen. This [idea] comes from the subsidies given by international govern-ments, the national government and some compa-nies to communities so that they can preserve areas of natural and virgin forest, in exchange for about 800,000 Pesos per year, per hectare. Consequently, Foundations have been set up to allegedly advise in-digenous people, but in reality these organisations charge fees, and indigenous people sometimes only get paid 10,000 or 15,000 Pesos per hectare.”40

The illegal exploitation of “rare” minerals in areas historically forgotten by the State is one of the main challenges of the government, particularly in those departments where there is a strong pre-sence of paramilitaries, guerrilla and even cocai-ne traffickers, who are moving from drugs to the exploitation of gold and other minerals known as the “vitamins” of the high tech industry.

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“Regardless of the difficulties that may arise at the negotiating table or elsewhere, we must support the complex steps of this process. We must not remain

entrenched in the logic of war for fear of failure. We can and we must defeat the lack of hope and the scepticism together.”

Rubén Salazar Gómez - Archbishop of Bogotá President of the Colombian Bishops Conference41

V. Peace Dialogues with the FARC in Havana: challenges

The peace process is one of the national gover-nment’s political priorities since 2012, and has been organised into three stages at international and national level. The first stage involved prelimi-nary and exploratory talks with the FARC in Oslo, Norway, to analyse both parties’ willingness to en-gage in talks, work methods and key topics; the se-cond stage involves further talks in Havana, Cuba, to build common areas of agreement; the third stage will begin with the signing of a final agree-ment between the parties, and will then move onto the implementation of the agreement at an institutional level.

In light of the challenges ahead, we make the fo-llowing recommendations:

a. Continue to strengthen and promote opportu-nities for civil society to participate in the nego-tiations and feed in their proposals, for example via the national forum for rural development, the crystal urn and the organisation of regional peace forums by the Congress of the Republic.

b. Promote and guarantee the effective partici-pation of historically vulnerable groups and po-pulations affected by the armed conflict, such as women, indigenous and Afro Colombian commu-nities and rural communities in general.

c. Monitor the pre-election process that begins in 2013, ahead of the 2014 national Presidential and Congressional elections, which could see a possi-ble second mandate of President Santos.

d. Clarify the Disarming, Demobilisation, Rein-sertion and Reintegration strategy (DDRR) for all combatants under the agreements, without put-

ting in jeopardy the rights of the victims to truth, justice, reparation and non repetition.

e. Clarify the interests and actual powers of a war economy that would be affected by the peace agreements reached, in order to develop contin-gency plans to deal with drug trafficking, smug-gling and arms, amongst others.

f. Ensure that any agreement reached involves grassroots members of the guerrilla and other guerrilla groups such as the ELN.

g. Understand the implications and care required when negotiating in the midst of a conflict that continues to see people being injured and cap-tured, and which may entail tactical and military advantages of one group over another.

h. Separate the social issues (poverty, inequality, political model) on the agenda, from the issue of disarmament in order to reach an agreement in Havana.

i. Incorporate experiences which have been deve-loped over the years in the search for peace and coexistence, such as the regional peace initiatives, into the implementation of the agreement.

j. Carefully monitor the media coverage of the ne-gotiations, to ensure that the media reports on the peace talks in a responsible manner.

k. Welcome the support offered by other actors, such as academia, Nobel Prize winners and the in-ternational community.

41. Colombian Bishops Conference, (2012). Message from the President of the Colombian Bishops Conference. Bogotá D.C.

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About UsThe Secretariado Nacional de Pastoral Social / Caritas Colombiana is an ecclesial and nonprofit body, under the Episcopal Conference of Colombia who seeks the truth, reconciliation, justice and love in relationships and basic structures of our society. Our actions and work are always enlightened by the Gospel and by the social teaching of the Catholic Church.

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Situation of Human Rights and International Humanitarian Law in Colombia2008 – 2013