VIOLENCE AND DISCRIMINATION AGAINST WOMEN
IN THE ARMED CONFLICT IN COLOMBIA VIOLENCE AND DISCRIMINATION
AGAINST WOMEN IN THE ARMED CONFLICT IN COLOMBIA

I.          INTRODUCTION

1.          This report analyzes the results and main conclusions of the work of the IACHR in examining the human rights situation in Colombia and how the armed conflict affects women.  As part of this work, the report reviews in particular the main results of the on-site visit undertaken by the former Special Rapporteur on the Rights of Women of the IACHR (hereinafter "Rapporteur" or "IACHR Rapporteur"), Ms. Susana Villarán, to Colombia between June 20-25, 2005.  The primary objective of the visit was to assess the impact of the armed conflict on Colombian women and receive information about the legislative, policy, institutional and judicial measures taken by the State to protect the rights of women within this sociopolitical context.  During her stay, the Rapporteur visited the cities of Bogotá, Valledupar and Quibdó, where she met State authorities, as well as a number of victims, relatives of victims, civil-society organizations and inter-governmental agencies related to the defense and promotion of the rights of women.

2.          The report is structured in six parts, including a review of the Colombian armed conflict and its impact on women; an assessment of the manifestations of violence against women that are aggravated by this phenomenon; the particular impact of the conflict on indigenous and Afro-Colombian women; and the response of the State to these problems.  The report ends with a series of conclusions and recommendations for the State.

3.          The analysis and recommendations contained in this report are based first and foremost on the regional obligations regarding human rights voluntarily undertaken by the Colombian State, mainly the American Convention on Human Rights ("American Convention") and the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women ("Convention of Belém do Pará").  Pursuant to its obligations under the framework of international law, the Colombian State is obligated to exercise due diligence to prevent, punish and eradicate the violence and discrimination against women aggravated by the armed conflict, although the conflict presents structural challenges to this response. 

4.          The recommendations issued in the report are geared towards the design of an integral State policy that takes into account the manifestations of discrimination and violence affecting women that are aggravated by the armed conflict, intended to achieve advances in the diagnosis, prevention and response to these problems and the incorporation of women’s specific needs into the public agenda.  They are also destined to motivate the State to implement measures to eradicate discriminatory socio-cultural patterns based on sex, race, and ethnicity and account for these differences in the development of public policies to mitigate the pernicious effect of the armed conflict on Colombian women throughout the national territory.  The recommendations formulated herein are of a dual nature: general recommendations and recommendations by category of attention and response, covering legislation, public policies, State institutions and programs, diagnosis and prevention, public services for displaced women, administration of justice, civic and political participation, and truth, justice and reparation.

5.       The draft of the report "Violence and Discrimination against Women in the Armed Conflict in Colombia" was approved by the IACHR on March 14, 2006. According to article 58 of the Rules of Procedure of the Inter-American Commission, this document was transmitted to the Colombian State on April 4, 2006, and the Colombian State was requested to provide observations it considered pertinent within a one-month period.  On May 30, 2006, the Colombian State submitted its observations through note DDH/OEA 25245/1210 from the Human Rights Division of the Ministry of Foreign Affairs of the Colombian Republic, dated May 24, 2006.  These observations were analyzed by the IACHR and incorporated, where pertinent, into the final version of the present report.  The Commission approved the final version of the report on October 18, 2006.

6.       It is important to point that the serious impact the armed conflict has on the lives of Colombian women, particularly the situations of discrimination and violence that they experience and are aggravated, has been documented by several United Nations agencies and civil society organizations internationally.  On May 4, 1999, the Committee that oversees compliance with the Convention on the Elimination of All Forms of Discrimination against Women (hereinafter “CEDAW”), in the context of reviewing the progress report submitted by Colombia, expressed its concern over the widespread violence in Colombia and its impact on women, particularly on those who are displaced and heads of household, who are forced to shoulder productive and reproductive responsibilities because of their displacement.[1]  Similarly, the United Nations Special Rapporteur on violence against women, its causes and consequences (hereinafter “United Nations Rapporteur”) visited the country in 2001, to investigate and evaluate the consequences of the conflict on the protection of the rights of women. Among her observations, she stated that:

The conflict reproduces and deepens discrimination between the different groups and women suffer intersectional discrimination on the basis of their gender, and their ethnic and cultural origin.  Although men are most frequently the victims of summary executions and massacres, violence against women, particularly sexual violence by armed groups, has become a common practice in the context of a slowly degrading conflict and lack of respect for international humanitarian law.[2]

7.       Moreover, the Office of the United Nations High Commissioner for Human Rights (hereinafter "High Commissioner for Human Rights") has closely followed the precarious situation of the most vulnerable groups in Colombia and the persistent violation of their rights, including women. In her report dated February 28, 2005, she stated the following:

The rights of women, especially women heads of household, rural, indigenous, Afro-Colombian and displaced women, continue to be affected by sexual discrimination as well as by diverse forms of gender violence…….. The security of women and girls has deteriorated as a result of the armed conflict and the use of sexual violence and social control by the illegal armed groups. [3]

8.       The Special Rapporteurs of the United Nations on Racism and the Situation of Human Rights and Fundamental Freedoms of Indigenous Peoples have verified and manifested how the situation of indigenous and Afro-descendent women is especially critical, particularly in regard to the high percentage of displacement among the women from these communities.[4]

A.         The on-site visit to Colombia on June of 2005

9.       The Rapporteur of the IACHR conducted an on-site visit to the Republic of Colombia from June 20 through 25, 2005, with the support of the government of Finland, during which she met with high-level State authorities, as well as victims, relatives of victims, civil-society organizations and United Nations agencies involved in defending and promoting the rights of women in the cities of Bogotá, Valledupar and Quibdó.  To examine the particular situation of indigenous women, the Rapporteur met with indigenous authorities and female leaders of different indigenous groups and organizations.  The Rapporteur also gathered specific information about the situation of Afro-Colombian women by meeting with networks and organizations working to protect their rights.

10.   The purpose of the visit of the Rapporteur of the IACHR was to investigate and obtain qualitative and quantitative information about the differentiated impact of the armed conflict on Colombian women and girls belonging to different races, ethnic groups and economic conditions, and to evaluate the response of the Colombian State through legislation, public policies and institutions to protect the rights of women in this context.

11.   The IACHR has observed in the past with great concern the grave situation of violence affecting Colombian women and the duty of the Colombian State to act with due diligence in order to prevent its causes, sanction its consequences and eradicate the phenomenon.[5]  Violence against women and the social discrimination promoting and validating it are serious human rights problems with negative repercussions for women and society at large.  They constitute an obstacle to the recognition and enjoyment of all their human rights and threaten their physical, psychological and moral integrity.

12.   Before and after the visit, the Rapporteur and the IACHR received in the context of thematic hearings celebrated in their headquarters, information from victims, non-governmental organizations and international agencies about the alarming situation of Colombian women, aggravated by the armed conflict.  This information also confirmed that the phenomenon is not adequately registered, analyzed and addressed by the Colombian State.  The information received was of vital importance in defining the objectives of the visit and in confirming its results.[6]

13.   A variety of international organizations, including the United Nations Rapporteur and the High Commissioner for Human Rights, as well as non-governmental organizations such as Amnesty International, have also manifested and documented repeatedly that women and girls from different regions, ethnic groups and economic conditions have been victims of different forms of violence and discrimination during the internal conflict, perpetrated by all of its actors.[7] 

14.   The High Commissioner for Human Rights stated on 2005 that the safety of women and girls-particularly rural, indigenous, Afro-Colombian women and those organized, displaced, returned or confined-is worsened by the armed conflict, especially by the sexual violence and the social control wielded by the armed groups.[8] The Comisión Colombiana de Juristas, a Colombian non-governmental organization, has also reported that between July 1996 and June 2004, 2,110 women lost their lives in Colombia due to socio-political violence.[9]  According to the observations submitted by the State to this report, the Observatory of Human Rights of the Presidency, states that between the years 2003 and 2006, 65,864 persons were homicide victims in Colombia, of which 5,395 were women.[10]  The same cited source by the State indicates that 274 of the murders perpetrated against women were attributed to illegal armed forces.[11]

15.   The IACHR Delegation included Susana Villarán, former Commissioner and Special Rapporteur on the Rights of Women; Elizabeth Abi-Mershed, Senior Human Rights Specialist; Verónica Gómez, Senior Human Rights Specialist; Isabel Madariaga; Senior Specialist in the Rapporteurship on the Human Rights of Indigenous Peoples; Rosa Celorio, Attorney-Adviser to the Rapporteurship on the Rights of Women; Norma Colledani, Human Rights Specialist, and Ana Cecilia Adriazola, Administrative Assistant.

16.   During the stay, the IACHR met with high-level State officials, with representatives from different sectors of civil society and non-governmental organizations in Bogotá, Valledupar and Quibdó and with United Nations agencies, to assess the situation of women in different regions of the country. 

17.   In regard to State authorities, in Bogotá the Rapporteur met with the Vice-Ministry for Multilateral Affairs, the Presidential Advisory Office on Gender Equality (hereinafter “Presidential Advisory Office” or “Presidential Office on Gender Equality”), the Colombian Family Welfare Institute (hereinafter “ICBF”), the National Institute of Legal Medicine (hereinafter “National Institute of Legal Medicine” or “INML”), the Directorate of Ethnic Groups of the Ministry of the Interior and Justice, the Office of the Ombudsman for the Rights of Children, Women and the Family, the National Coordinator for the Attention of the Displaced Population, the Social Solidarity Network, the Office of the Procurator for Human Rights and Ethnic Affairs, the Office of the Procurator for the Minor and the Family, the Ministry of Social Protection and the units of International Affairs, Human Rights and Sexual Crimes of the Office of the Attorney General.  In Valledupar, they met with the Governor of the Department of César, the Social Solidarity Network, units of the Ombudsman’s Office, the ICBF, and the Regional Office of the Attorney General.  In Quibdó, they met with the Private Secretary of the Governor’s Office, the ICBF, the Social Solidarity Network and the Regional Office of the Procurator.

18.   The Rapporteur also received valuable testimonies by women who have been victims of violence and relatives of women that have been murdered.  She also met with civil society organizations working to promote and protect the rights of women, such as Corporación Sisma Mujer, Asociación Mujer y Madre Abriendo Caminos-AMMAC, Asomujer y Trabajo, Casa de la Mujer, Casa de la Mujer Estela Brand, Católicas por el Derecho a Decidir, Centro de Recursos Integrales para la Familia-CERFAMI, Centro Meira del Mar, Colectivo de Mujeres Pacíficas, Colectivo María María, Comité de América Latina y el Caribe para la Defensa de los Derechos de la Mujer–CLADEM (hereinafter “CLADEM”), Confluencia Nacional de Redes de Mujeres, Corporación Desarrollo Humano-Humanizar, Corporación Mujeres y Economía, Fundación Diálogo Mujer, Fundación Mavi, Fundación Mujer y Futuro, Grupo de Apoyo Pedagógico-GAP, Grupo Mujer y Sociedad, Iniciativa de Mujeres Colombianas por la Paz-IMP, Mesa Nacional de Incidencia, Liga de Mujeres Desplazadas, Liga Internacional de las Mujeres por la Paz y la Libertad-LIMPAL, Marcha Mundial de las Mujeres, Mesa de Trabajo “Mujer y Conflicto Armado”, Mesa Mujer y Economía, Mesa Nacional de Concertación, Movimiento Nacional de Mujeres Autoras Actoras de Paz, Movimiento Popular de Mujeres, Mujeres que Crean, Organización Femenina Popular–OFP (hereinafter "OFP"), Orocoma y, Oye Mujer, PROFAMILIA, Red de Educación Popular entre Mujeres-REPEM, Red de Empoderamiento de Cartagena y Bolívar, Red de Género y Comercio, Red Decide Mujer, Red Departamental de Mujeres Chocoanas, Red Mujer y Participación Política, Red Nacional de Mujeres, Red Nacional de Mujeres Afro-Colombianas, Ruta Pacífica de las Mujeres, Tawara por una Red de Mujeres Jóvenes en Bogotá, Tribunal Mujeres y DESC, Vamos Mujer, organizations and representatives of the Foro Interétnico de Solidaridad Chocó, OBAPO and la Red de Mujeres del Caribe and la Asociación Nacional de Mujeres Campesinas, Negras e Indígenas–ANMUCIC (hereinafter "ANMUCIC"), among others. 

19.   Furthermore, the Rapporteur met with human rights organizations such as la Alianza de Organizaciones Sociales y Afines por una Cooperación para la Paz y la Democracia en Colombia, la Coalición contra la Vinculación de Niños, Niñas y Jóvenes al Conflicto Armado en Colombia, la Conferencia Nacional Afro-Colombiana, la Coordinación Colombia-Europa-Estados Unidos-CCEEU, la Corporación Colombia Diversa, la Corporación de Apoyo a Comunidades Populares-CODACOP, la Fundación para el Desarrollo de San Andrés y Providencia-FUNDESAP, el Instituto Latinoamericano de Servicios Legales Alternativos-ILSA, Planeta Paz, Red Nacional de Iniciativas por la Paz y Contra la Guerra-REDEPAZ, Reiniciar, Comisión Intereclesial de Justicia y Paz and the Colectivo de Abogados José Alvear Restrepo.

20.   Additionally, the Rapporteur met with traditional indigenous authorities of peoples in Sierra Nevada, with indigenous organizations such as the Organización Nacional Indígena de Colombia–ONIC, Confederación Indígena TAYRONA–CIT, Autoridades Indígenas de Colombia–AICO and Organización de los Pueblos Indígenas de la Amazonía Colombiana–OPIAC and with women representatives from different indigenous peoples in Colombia.

21.   The Rapporteur also received valuable input from such international entities as the Inter-Agency Gender Workgroup of the United Nations System and representatives of the Resident Coordinator, the United Nations High Commissioner for Refugees–UNHCR (hereinafter "UNHCR"), the United Nations Development Program–UNDP (hereinafter "UNDP") , the High Commissioner for Human Rights, the International Organization for Migration-IOM, the United Nations Development Fund for Women–UNIFEM (hereinafter "UNIFEM"), the United Nations Office for Drug and Crime Control-UNODC, and the United Nations Population Fund–UNFPA (hereinafter "UNFPA") and the MAPP/OAS office in Colombia.

22.   The Rapporteur and her team would like to express their gratitude for the cooperation and support provided by the State of Colombia and by the non-governmental organizations, civil society institutions and international agencies during the preparation of this visit.  The Rapporteur wishes to express its gratitude to the administration of President Uribe for its collaboration with the information-gathering process and the goodwill shown in the search for solutions to the problems identified. For the IACHR, the commitment of the Colombian society to find viable solutions to the problems of discrimination and violence against women was evident.

23.   The Rapporteur and the IACHR would also like to express their gratitude for the collaboration they received from Colombian women and their organizations.  Particularly, the Rapporteur wishes to highlight the dignity, confidence and courage displayed by the victims and their families in presenting their testimonies, as well as their tenacious struggle for a lasting peace in Colombia.

B.      Legal framework of the report: international norms and standards applicable to discrimination and violence against women

24.   The right of women to live free from discrimination and violence has been reaffirmed and established in the regional and international human rights protection systems.  International jurisprudence has established the duty of the State to act with due diligence[12] to protect human rights.  This obligation entails four components: prevention, investigation, sanction and reparation of human rights violations.[13]

25.   The obligations of OAS Member States in regards to human rights are derived from the OAS Charter and the American Declaration of the Rights and Duties of Man, as well as the regional human rights treaties that they have ratified.  In the Americas, the binding principles of equality and non-discrimination are the core of the Inter-American human rights system and of binding instruments applicable to Colombia’s situation, such as the American Convention and the Convention of Belém do Pará.  This factor, as well as the priority granted by the Commission and its Rapporteur to protect the rights of women, also reflects the importance given to this area by the Member States themselves.

26.   Colombia is a State Party to the American Convention since July 31, 1973.  Article 1 of the American Convention provides that States Parties are obligated to respect and guarantee all rights and freedoms recognized therein, without discrimination based on sex, among other conditions.  Additionally and in accordance to the principles of non-discrimination, Article 24 recognizes the right to equal protection under the law, and Article 17 establishes that the State must guarantee an equal recognition of the rights and “an adequate balance of responsibilities” for spouses within marriage.  By recognizing the fundamental rights of all persons, without distinction, this Convention protects basic rights such as the right to life, liberty and personal integrity (Articles 4, 5 and 7).  Trafficking of women is expressly prohibited in Article 6 and children’s rights are subject to special protection measures under Article 19.

27.   The main objectives of the regional human rights system and the efficacy principle require that these guarantees become a reality and are implemented. Consequently, when the enjoyment of any of these rights is not guaranteed de jure and de facto under their sphere of jurisdiction, the States Parties, pursuant to Article 2 of the American Convention, are committed to adopting legislative and other measures as needed to put them into practice.  In addition, the American Convention requires the domestic system to provide judicial recourses that are effective and accessible to persons alleging violations of their rights protected under national law or under the Convention.  When these remedies are not accessible or effective, the Inter-American system provides a second avenue through the individual petitions system.

28.   The Convention of Belém do Pará is particularly relevant to this report, and the information gathered during the on-site visit of the Rapporteur.  This Convention reflects a uniform concern throughout the Hemisphere of the seriousness and gravity of the problem of violence against women, its relationship with the discrimination historically suffered by women, and the need to adopt comprehensive strategies to prevent, punish and eradicate it.  Among the most important principles enshrined in this Convention are the following:

-       It defines violence against women as “any act or conduct, based on gender, which causes death or physical, sexual or psychological harm or suffering to women, whether in the public or the private sphere.”[14]

-      It expressly recognizes the relationship between gender violence and discrimination, indicating that such violence is a reflection of historically unequal power relationships between women and men, and that women’s right to a life free of violence includes the right to be free from all forms of discrimination and to be valued and educated free of stereotyped patterns;[15]

-       It establishes that violence affects women in multiple ways, impairing their exercise of other fundamental rights of a civil and political nature, as well as economic, social and cultural rights;[16]

-       It provides that States Parties must act with due diligence to prevent, investigate and sanction violence against women occurring in the public and private domains, within the home or in the community, perpetrated by individuals or State agents;[17]

-        It provides that States must take special account of the situation of vulnerability to violence that certain groups of women can face by reason of their race or ethnic background; their status as migrants, refugees, or displaced persons; for being pregnant or disabled; for facing unfavorable economic conditions; affected by an armed conflict; or deprived of their liberty.[18]

29.   Therefore, the Inter-American system recognizes that violence against women and its root, discrimination, is a serious human rights problem with negative repercussions for women and their surrounding community, and constitutes an impediment to the recognition and enjoyment of all their human rights, including the respect of their lives and their physical, mental and moral integrity.

30.   According to this precedent, the responsibility of the State to act with due diligence to prevent the infringement of women’s human rights in times of peace and conflict has a comprehensive nature.[19]  The State is directly responsible for violence perpetrated by its own agents, as well as that perpetrated by individual persons. Furthermore, the State’s obligation is not limited to eliminating and punishing violence, but also includes the duty of prevention.  Finally, the State has the obligation to provide special protection to women who are particularly exposed to acts of violence because they are minors, Afro-descendent, indigenous, for being displaced and/or directly affected by the armed conflict.

31.   Also relevant for the present analysis are the international obligations adopted by the Colombian State promoting equality and non-discrimination, such as Articles 1 and 2 of the Universal Declaration of Human Rights, Articles 2 and 3 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.  Colombia is also a State Party to CEDAW, which provides that the State and its agents are obligated to act with due diligence to eliminate socio-cultural patterns and stereotypes that promote discrimination against women, in all of its forms.  CEDAW defines discrimination against women broadly in its
Article 1:

Any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.

32.   This definition includes all differences in treatment based on sex that intentionally or in practice place women in a disadvantaged position and prevent the full recognition of their human rights in the public and private spheres. The Committee overseeing compliance with CEDAW has also established that the definition of discrimination in the Convention includes violence against women in all of its forms, direct and indirect, including:[20]

acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty. Gender-based violence may breach specific provisions of the Convention, regardless of whether those provisions expressly mention violence.[21]

33.   In the sphere of violence, it is important to mention as complementary to CEDAW, the Declaration on the Elimination of Violence against Women of Vienna in 1993, which defines violence against women as a phenomenon which includes the following actions: forced prostitution, physical, sexual and psychological violence.[22]  Furthermore, the Rome
Statute[23] of the International Criminal Court, applicable to situations of armed conflict, has included as crimes against humanity and war: rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilization, and other sexual abuses of comparable gravity.[24]

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