A/HRC/10/29

page 47

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GENERAL
A/HRC/10/29
20 April 2009
Original: ENGLISH


HUMAN RIGHTS COUNCIL
Tenth session
Agenda item 1

Organizational and procedural matters
2-27 March 2009

report of the human rights council on its tenth session

Vice-President and Rapporteur: Mr. Elchin Amirbayov (Azerbaijan)

[...]

Part One: Resolutions, decisions and the President’s statement

II. Decisions adopted by the Council at its tenth session

10/114 Outcome of the universal periodic review: Colombia

The Human Rights Council,

Acting in compliance with the mandate entrusted to it by the General Assembly in its resolution 60/251 of 15 March 2006 and Council resolution 5/1 of 18 June 2007, and in accordance with the President’s statement PRST/8/1 on modalities and practices for the universal periodic review process of 9 April 2008;

Having conducted the review of Colombia on 10 December 2008 in conformity with all the relevant provisions contained in Council resolution 5/1;

Adopts the outcome of the universal periodic review on Colombia which is constituted of the report of the Working Group on the review of Colombia (A/HRC/10/82), together with the views of Colombia concerning the recommendations and/or conclusions, as well as its voluntary commitments and its replies presented before the adoption of the outcome by the plenary to questions or issues that were not sufficiently addressed during the interactive dialogue in the Working Group (A/HRC/10/29, chapter VI A/HRC/10/82/Add.1).

31st meeting
20 March 2009

[Adopted without a vote.]

Part Two: Summary of proceedings

VI. Universal Periodic Review

261.  Pursuant to General Assembly resolution 60/251, Council resolution 5/1 and the President’s statements on modalities and practices for the universal periodic review process (A/HRC/PRST/8/1 and A/HRC/PRST/9/2), the Council considered the outcome of the reviews conducted during the third session of the Working Group on the Universal Periodic Review held from 1 to 15 December 2008.

[...]

A. Consideration of the universal periodic review outcomes

262.  According to paragraph 4.3 of the President’s statement 8/1, the following section contains a summary of the views expressed on the outcome by States under review, Member and Observer States of the Council, as well as general comments made by other relevant stakeholders before the adoption of the outcome by the plenary.

Colombia

263.  The review of Colombia was held on 10 December 2008 in conformity with all the relevant provisions contained in Council resolution 5/1, and was based on the following documents: the national report submitted by Colombia in accordance with the annex to Council resolution 5/1, paragraph 15 (a) (A/HRC/WG.6/3/COL/1); the compilation prepared by the Office of the UnitedNations High Commissioner for Human Rights (OHCHR) in accordance with paragraph15 (b) (A/HRC/WG.6/3/COL/2); and the summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/3/COL/3).

264.  At the 31st meeting, on 20 March 2009, the Human Rights Council considered and adopted the outcome of the review on Colombia (see section C below).

265.  The outcome of the review on Colombia is constituted of the report of the Working Group on the Universal Periodic Review (A/HRC/10/82), together with the views of Colombia concerning the recommendations and/or conclusions, as well as its voluntary commitments and its replies presented before the adoption of the outcome by the plenary to questions or issues that were not sufficiently addressed during the interactive dialogue in the Working Group (see also A/HRC/10/82/Add.1).

1. Views expressed by the State under review on the recommendations and/or conclusions as well as on its voluntary commitments and on the outcome

266.  The delegation of Colombia thanked member states and troika members for their active part in its review. Colombia recalled its involvement in the institution-building process of the United Nations human rights system, saying it had great faith in multilateralism, which reflects the democratic values on which the structures of the Colombian State were founded.

267.  It said the UPR process had led the country’s institutions to reflect deeply on finding better ways to coordinate efforts to guarantee the rights of all in the country. The process of reporting had given Colombia an opportunity to hear the voices of social organisations and local authorities, to strengthen coordination between institutions, review practices, identify achievements and shortcomings and plan for the immediate future. It noted the concerns and recommendations made by States and reminded delegates that Colombia had accepted most of the recommendations. Over the past three months, the Government undertook a detailed review of the voluntary commitments made by Colombia and the recommendations accepted, enabling it to assign responsibilities and set targets. From 10 June 2009, the webpage of the Presidential Human Rights Programme will carry a report on follow-up to the implementation of recommendations and commitments. This webpage will be updated every four months.

268.  The efforts undertaken by Colombia over the last quarter since the review included extending official invitations in January to the Special Rapporteurs on extrajudicial executions; the rights and fundamental freedoms of indigenous peoples; the independence of judges and lawyers; and the Secretary-General’s Special Representative on human rights defenders. Colombia also voluntarily accepted implementation of the Mechanism to Supervise and Present Reports contained in Security Council Resolution 1612 on Children in Armed Conflicts. The High Level Inter-sectoral Commission that defines the Government’s public policy on preventing the recruitment of children has produced a report of its first-year activities for the United Nations taskforce on this mechanism. Colombia also continues to work with the international community in following up on the implementation of the recommendations made by the OHCHR in 2008.

269.  The delegation said Colombia had strengthened its fight against crime and all forms of violence; that new legislation has been enacted and new practices to prevent violations by law enforcement officials have been developed, including public accountability for complaints received. Strict measures had been taken with regards to the repeated complaints on murders by such officials, it said, and no further complaints had been received since October 2008.

270.  Progress has also been made in eliminating anti-personnel mines, through humanitarian demining operations. Work continues in strengthening the justice system and eliminating impunity. In recent weeks, the President approved a new law on intelligence gathering, establishing mechanisms to ensure transparency. Efforts to guarantee economic social and cultural rights continue, particularly in the spheres of health and education.

271.  The report of the Inter-American Press Society for 2008 acknowledged progress made in providing guarantees for the exercise of journalism in Colombia. The delegation cited the decision by the Constitutional Court, as a result of complaints by civil society, to grant equal treatment, in terms of rights and responsibilities before the law, to same sex unions. It said the decision represents significant progress towards overcoming discrimination.

272.  Such progress did not mean that the State was unaware of the enormous challenges that still existed. The Government shared the Council’s concerns on the persistence of the phenomenon of internal displacement in Colombia. The efforts of national institutions were focused on reviewing prevention and protection strategies to resolve this difficult situation. The Constitutional Court has introduced important developments, addressing vulnerable sectors such as indigenous and Afro-Colombian communities, children, persons with disabilities, and displaced women. It assured the Council that no resources were being spared in tackling this issue but challenges remained.

273.  On indigenous communities and their right to life, physical integrity and their territory, Colombia noted the massacre last February of 80 members of the Awa indigenous community by the FARC, who wanted to keep the coca plantations in the Awa territory. In recovering one of the bodies, 50 anti-personnel mines had to be deactivated.

274.  Colombia was also concerned about complaints relating to threats and harassment of human rights defenders. The Government has asked the Prosecutor-General’s Office to do its best to establish the facts, and to identify and punish those responsible. It hoped that dialogue with civil society would help identify effective measures to work together towards establishing the right climate for the work of human rights defenders. The Government reiterated its conviction that dialogue with and participation of civil society strengthen the enjoyment of human rights in Colombia.

275.  Colombia said it has faced grave threats against its institutions and population with a security policy that is compatible with human rights. The UPR has allowed Colombia to share its achievements and challenges. Its achievements are the results of the efforts of Colombia’s people, civil society organizations, institutions, and the international community, which they also count on in overcoming the remaining challenges in putting an end to violence and organized crime.

2. Views expressed by member and observer States of the Council on the review outcome

276.  The Russian Federation thanked Colombia for its exhaustive and focused approach to issues raised by Russia during the review, adding that this attentive and respectful attitude could serve as an example. It noted that Colombia’s major efforts to combat poverty were especially significant during the present economic crisis. Colombia’s voluntary commitments in human rights protection led it to establish a national control mechanism for their implementation, a fact which testifies to the State’s firm intention to meet high standards of human rights promotion and protection. It expressed respect for Colombia’s great desire to combat the challenges it faced and was convinced of the Government’s efforts to ensure human rights protection and the well-being of its people.

277.  Brazil welcomed Colombia’s transparency and constructive spirit in participating in the UPR, a sign of its resolve to engage in dialogue and cooperation with the United Nations in the field of human rights, which should serve as an example. It was also a clear signal of Colombia’s desire to overcome outstanding challenges. Brazil supported Colombia’s efforts to implement UPR recommendations by identifying the challenges and noted it was time for United Nations members to demonstrate their desire to help others in overcoming such challenges.

278.  The Netherlands commended Colombia’s strong commitment to the UPR process, including its written responses to questions. It welcomed the acknowledgement that security forces are responsible for unlawfully killing civilians and that steps are being taken by the Government to address these extrajudicial executions. It encouraged the Government to ensure that all cases of human rights violations implicating the security forces are investigated by the civilian justice system. Noting that Colombia’s voluntary commitments include addressing impunity and guaranteeing access for justice, especially in remote and rural areas, it wished to learn more about progress made in this regard. It appreciated the Government’s willingness towards constructive dialogue with human rights NGOs, highlighting the recommendations made in this regard. It commended the establishment of a follow-up procedure by the Government, suggesting that it give mid-term updates to the Council.

279.  Spain commended Colombia’s special interest in the UPR, its acceptance of more than 60 recommendations, its individual replies to questions put during the review process, its high-level commitment and particularly for the many important voluntary commitments. Spain expressed concern about threats to human rights defenders, particularly against the Colombian Commission of Jurists, and commended the Government for voluntary commitments undertaken relative to paragraph 91 of the Working Group report.

280.  The United States of America welcomed Colombia’s constructive dialogue with NGOs. It joined the Special Rapporteur on human rights defenders in strongly supporting civil society efforts to use the UPR as a tool for advocacy and accountability. It appreciated Colombia’s voluntary commitment to improve protection for the rights of reporters, trade unionists and human rights defenders, adding that prosecution of crimes against them and establishment of a rule of law environment for their operation would strengthen security and peace in Colombia. It acknowledged the challenges Colombia faced, particularly violence by illegally armed groups. It called on Colombia to continue confronting violence and abuses in conformity with its human rights and international humanitarian obligations. Welcoming efforts to battle impunity and seek remedies for victims, it encouraged the Government’s commitment towards transparent investigations and due process for all accused perpetrators. It recommended that Colombia work to prevent and fully prosecute extrajudicial killings, forced disappearances and forced displacements and supported efforts to strengthen the national plan for the search for missing persons.

281.  Switzerland thanked the Government for its commitment and noted how important it was that the Colombian parliament adopts a law on victims complying with international standards to provide guaranteed access to justice and adequate reparations for all victims, including victims of actions by State representatives. While recognizing efforts to combat murder of civilians by members of law enforcement authorities, it supported OHCHR recommendations for greater operational control and for effective, impartial investigations to ensure those responsible be brought to justice. It called for a full investigation of the murder of Edwin Legarda, husband of the indigenous representative Aida Quilque, who had, a few days prior to the murder, participated in the UPR of Colombia in Geneva.

282.  Belgium said Colombia participated constructively in its UPR and hoped the implementation of recommendations accepted by the Government would help improve the human rights situation. It welcomed the decision to accept visits from various special rapporteurs and the commitment to continue cooperating with the OHCHR, including in the implementation of recommendations. It acknowledged steps taken to put an end to human rights violations, but noted that considerable challenges remained. It encouraged the Government to guarantee, in the framework of ongoing legislative proposals, access to justice and the right to reparations in a non-discriminatory manner in conformity with international norms.

283.  France welcomed Colombia’s acceptance of the recommendation to ratify the International Convention for the Protection of All Persons from Enforced Disappearances, encouraging further efforts to enable it to enter into force soon. It regretted that Colombia did not intend to recognize the jurisdiction of the Committee on Enforced Disappearances, since this key innovative element would have an important preventive effect. It asked Colombia to reconsider and accept its jurisdiction. It also noted that the fight against impunity should be prioritized and invited Colombia to reconsider its refusal to accept the jurisdiction of the International Criminal Court for war crimes. It urged the Government to reconsider its refusal to ratify OP-CAT.