5th PEACE. Women, Report 1325? SECURITY. How are we. doing 15 years IN COLOMBIA. Year after the expedition of Resolution

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1 5th Report Women, PEACE SECURITY IN COLOMBIA Year 2015 How are we doing 15 years after the expedition of Resolution 1325?

2 Credits Report of the coalition Colombia Articulation and research coordination: Red Nacional de Mujeres Research: Vanessa Liévano Gutiérrez and Florentina Cardozo García - Red Nacional de Mujeres. General Coordinator: Beatriz Quintero García (Secretaria Técnica Red Nacional de Mujeres) Financial and technical support: Cordaid Design: FROM WORDS TO ACTION To comply with Resolution It is necessary to create a National Action Plan (NAP) for the implementation of Resolution 1325, in order to ensure: 1. The effective participation of women in peacebuilding in the post-conflict context; 2. The monitoring of processes and accountability through concerted strategies, in synergy with local realities; 3. The coordinated implementation between the national and local public policies formulated for this purpose, and finally; 4. institutional capacity building of women in peace and security issues. Regarding the implementation of transitional justice mechanisms it is necessary to take into account the recommendations of CEDAW, particularly in the issue of women, peace and security (General Discussion on "women in conflict and post-conflict situations" July and General Discussion of "access to Justice" of February 18, 2013). As for the regulations developed by the Congress in the legal framework for peace, take into account the needs and affectations of women, guarantee the rights to truth, justice and reparation, reject amnesties and prioritize the crime of sexual violence the the laws that develop from the agreement.

3 KEY MESSAGES Political participation: Passing from the quota system to parity is an important step for the consolidation of democracy in Colombia. Peace: Without the voice and participation of women peace is not possible or sustainable. Sexual violence in the context of armed conflict: Sexual violence as a weapon of war is a crime against humanity which can not be subject to amnesty or pardon Women victims in the context of armed conflict: Transformative justice is the commitment of women to overcome discriminatory patterns. Con el apoyo de:

4 PARTICIPATION COMPONENT Information as of 30/09/ years ago Law 581 of 2000 took effect which stated that "(...) the authorities, in compliance with constitutional mandates, should give women adequate and effective participation to which they are entitled in all branches and levels of public bodies. "4 years ago Law 1475 of 2011 took effect which establishes a system of electoral quota with a minimum percentage of 30% of women in the conformation of the electoral lists submitted by political parties and movements in elections. According to the DANE 1 Of the total population in Colombia: 51.2 % 48.8 % women are are men (Census 2005) Positions in the executive branch 2 No woman has ever been elected President or Vice President of the Republic 31% Ministries 5 of 16 Precentage of women leading: 33% 66% 50% 36,5% Departments Affiliated to the president's office 1 of 3 Ministers directors 3 2 of 3 P residential advisers 4 2 of 4 Special administrative units 4 of 11 50% Administrative Departments 3 of 6 0% Superintendence of unincorporated Ports and Transportation 33% Superintendents with legal capacity No woman ever in charge 3 of 9 15% Public establishments 5 of 34 Participation of women in the National Police year 2012 year 2013 year 2014 In 3 years there was an increase of 32% 1 Available in: 2 The Executive Branch is comprised of the following entities: ministries, special administrative units without legal personality, counselors ministers, counselors, fund-accounts with legal status, special administrative units with legal status, state agencies of a special nature, industrial and commercial of the State, entities of special nature, related corporations and research institutions, corporations and indirect research institutions, entities of special nature indirect, indirect industrial and commercial enterprises of the state, superintendents with legalstatus, supervisories, state social enterprises, institutes science and technology, public corporations, semi-public companies with more than 90% of state capital, mixed companies with less than 90% of state capital and indirect mixed economy companies. In this report only those entities that have been reviewed in the four previous reports by the Coalition include 1325, which include all entities of the central level and the two groups that are the most important entities of the decentralized level (superintendencies and public institutions) 3 The Minister of the Presidency, Minister Counselor and Deputy Chief of Communications for Post-Conflict, Human Rights and Security. 4 Presidential Adviser for Early Childhood, Presidential Adviser on Equality for Women, Presidential Advisor of the System of Competitiveness and Innovation, and Advisor Human Rights of the Presidency. Source: 3

5 Local government positions: The effects of the implementation of the electoral quota of 30% District and municipal councils In the elections for the period : Only ,22% women candidates obtained a seat Departmental Assemblies Period % 18% were of women candidates elected 75 women IMPORTANTTo achieve political parity If the percentage of women elected in the various corporations neither increases nor decreases, to achieve political parity the following ammount of time must come to pass: Congress Municipal and district councils departmental assemblies 23 years 5 periods of elections 101 años 200 years 25 periods of elections 50 periods of elections Positions judiciary branch 5 Percentages of women members: In the Constitutional Court 2 of 9 magistrates 22% In the State Council 9 of 27 magistrates 33% In the Supreme Court 5 of 22 magistrates 22% In the Superior Judicial Council 2 of 13 magistrates 15% 5 In this report the information concerning the proportion of women directors of various branches of the Attorney General's Office is not included. 4

6 Positions in the Legislative branch With the enactment of Law 1475 of 2011, a gradual increase in the number of women in elected bodies took place: 100 % Senate from 17 to 23 during the period in the period % seats Presence of women in Congress House of Representatives during the period from 21 to 33 in the period % seats 50 % 30 % Parity We have not managed to overcome the barrier of 30% which is considered of critical mass. period Women had never previously occupied more than 20 % of the seats in the Congress

7 Women and Peace Participation in gender issues of women in the negotiating table between the national government and the FARC-EP 6 The subcommission on gender provides specific gender inputs for each cycle of the negotiation On september 7th / 2014 a subcomission on gender issues is built led by María Paulina Riveros, delegate of the national government and Victoria Sandino Palmera, delegate of the FARC-EP. Between December 2014 and March 2015 the subcommittee met in Havana with 18 representatives of women's organizations, feminists and of sexual diversity, in order to talk about the situation of women and LGBTI, in the context of armed conflict and to submit proposals and recommendations on mainstreaming gender in the agreements from perspective of the needs and demands of women 7. The Historical Commission of the Conflict and its Victims is responsible for producing a report on the origins and the multiple causes of the conflict, the main factors and conditions that have facilitated or contributed to its persistence, and the most noticeable effects and impacts thereof on the population % 25 de 38 Coordinators in support bureaus are women 70% 10 % 30 of 43 Coordinators of the advisory committees are women Members delegated by the government to the negotiating table 1 of 10 Regarding the Historical Commission of the conflict there is only one woman María Emma Wills 8 43% Delegation participants of which up to 5 are plenipotentiaries Participants of the thematic forums have been women 2 out of the 10 of the plenipotientiary negotiators are women (20 % ) However, it is important to note that: of the proposals on the table have been submitted by women Women continue to be delegated to the levels of assistance but not in leading positions mainly Achievements of the table on gender issues As a result of advocacy of social organizations of women 9, in the agreement of transitional justice which was agreed by the negotiating table in Havana Cuba last September 23, 2015, it was established that shall not be subject to amnesty or pardon the conducts typified in national legislation which correspond to crimes against humanity (...) and sexual violence." 10. The report issued by the Historical Commission of the conflict and its Victims acknowledged sexual violence in the armed conflict a heinous crime although there isn't "any minimally reliable figure on sexual violence, (...) case studies and other qualitative evidence suggest that specific actors during certain periods and in specific regions used it as a military tool or simply allowed their members to sexually attack civilians, especially in the context of punitive operations Operation of the negotiating table of the national government on gender issues. Available in: 7 Gender Subcommittee of the negotiating table in Havana. Available in: 20Mesa%20de%20Negociaciones%20de%20la%20Habana:%20Avances%20y%20expectativas 8 The creation of this commission was an agreement between the national government and the FARC-EP and is part of the General Agreement for ending the conflict and building a stable and lasting peace. Available in: habana-05-de-agosto-de This based on the document "Five Keys to a differential treatment of sexual violence in the agreements on transitional justice in the peace process," prepared by the National Network of Women, the Corporation Sisma Mujer, Jineth Bedoya and Humanas Corporation. Available in: acuerdos_sobre_justicia_transicional-completo.pdf 10 Available in: 11 Contribution to the understanding of the armed conflict in Colombia Historical Commission on the conflict and its Victims February Available in: %20Habana%2C%20Febrero%20de% pdf 6

8 legislative advances Over the last 4 years have seen approval of very important laws for the reduction of the political exclusion of which Colombian women have been victims. Law 1475 of 2011, through which an electoral gender quota of 30% was established, economic incentives for political parties to include more women in their electoral lists were established, and processes of political education were ordered for the militant women of party organizations. Legislative Act 02 of 2015, through which the electoral principles of parity are established, alternation and progressive universality. This means that women must gradually form electoral lists on an equal composition, ie 50/50, interleaved their position on electoral lists and in all districts of the country, regardless of size. CONCLUSIONS REGARDING POLITICAL PARTICIPATION WE ARE STILL FAR AWAY FROM 50%. Parity should be understood as a series of strategies that have as main objective changing the status quo in towards a fair distribution with equal opportunities for men and women in all spheres of social life, including family life. In the electoral field it is understood as numerically equal gender participation that make up a list or collegial corporation. The low presence of women in the areas of public decision-making and in the negotiating table between the national government and the FARC-EP, is a serious obstacle to the legitimacy of the negotiating process and its sustainability over time. RECOMMENDATIONS FOR THE STATE They should strengthen enforcement mechanisms of existing measures, particularly in the application of Law 581 of 2000, or of the most senior decision-making level and other levels of government decision-making. The Legal Commission of Women of the Congress set forth a draft Constitutional Law "Through which some provisions are amended to ensure gender equality in political participation by incorporating the constitutional principles of parity, alternation and universality as well as other additional measures in the 1475, 2011 Constitutional Law ". It is of utmost importance for it to be approved by the Congress so that it takes effect as soon as possible. To welcome the recommendations made by the subcommittee on gender in the negotiating table in Havana. 7

9 PREVENTION AND PROTECTION COMPONENT UNEMPLOYMENT RATE 12 1st trimester increase 11,6 11,7 EMPLOYMENT RATE 13 1st trimester 2015 Women Men 0,1 48,7 69,9 BLOCK 1. ECONOMIC INDEPENDANCE (Indirect indicators that affect the participation of women in peacebuilding) PARTICIPATION RATE In the work force Men Women , ,9 55,2 1,1 Increase the labor participation rate is equal to the ratio between the number of employed and the population of working age. (15-64 years old) OCCUPATIONAL POSITION 14 men 44% labor and employee particular Study 41,1% Employed 59,6 % 56,4 % men woman Self Inactive people dedicate their time to 15 Home chores woman NUMBER OF HOURS OF UNPAID DOMESTIC WORK AND CARE WORK 79,38% 20,61% Cultural activities, sports or hobbies performed on an average day 18,7 % 9,2 % In Colombia there are people working of this total 95% ARE WOMEN only have a signed contract Only until 2013 they were acknowledged the right of affiliation to a compensation fund and the possibility of payment of benefits in the work of laborers. However, the challenge of making this advance effective in practice remains 12 Special Report Markets Labor/work- Sex. DANE Quarterly Bulletin (April-July 2015). Available in: 13 Special Report Markets Labor/work- Sex. DANE Quarterly Bulletin (April-July 2015). Available in: 14 Special Report Markets Labor/work- Sex. DANE Quarterly Bulletin (April-July 2015). Available in: 15 Source: National Time Use Survey Available in: 8

10 BLOCK 2. SEXUAL VIOLENCE IN THE CONTEXT OF INTERNAL ARMED CONFLICT Regarding sexual violence there is a high underreporting by account of cultural reasons, social pressure or threat, as well as institutional practices. The number of forensic medical exams to women for alleged sexual crime by year was 17 : Throughout 2014 there were 49 per day, 2 x every hour Women victims of sexual violence. Percentage of suspected sex crimes victims 84,20 % women 15,80 % men Greater affectation of women is evidenced 1 male victim for every 5 women victims 18 Sexual violence perpetrated within the context of internal armed conflict during the period women Perpetrated by guerrillas, paramilitaries and government forces An annual average victims of armed groups 19 per 149 day 6 every hour * SOCIO-POLITICAL VIOLENCE 20 Sociopolitical violence is "that which is exercised with the intent of: (a) destroying networks, (b) fragmenting social processes and (c) to control groups and communities through terror and intimidation in order to implement economic, social, political and cultural models using as main instruments the targeted killing, enforced disappearance, torture, threats, among others". Forensic medical examinations to women for alleged sexual crime Forensic medical examinations to women for alleged sexual crime grouped by alleged aggressor From 2011 to Forensic MEDICAL EXAMS ARE REPORTED 89% Number of exams performed by of which had a WOMAN AS A VICTIM 21 CIRCUMSTANCES OF MILITARY ACTION Only7 CASES were reported The INML-CF does not report for the current year. 22 According to the INML-CF* BY REASON OF THE OPERATION OF CRIMINAL GANGS In the last 4 years alone there have only been 20 EXAMS. and it is worthy of attention that The "Forensis" journal by the INML-CF does not report figures for 2012 and FOR UNLAWFUL DETENTION (hostage taking kidnapping) 142 FORENSIC exams were reported throughout the last four years Number of exams performed by CIRCUMSTANCE OF ARMED CONFRONTATION Over the last four years ? The INML-CF does not report for the current year. While IN EVENT OF ACTION OF INSURGENT GROUPS They have practiced exams 77 from 2011 to Over the last four years 496 against a woman Sexual crime committed by members of private security groups Cases: Sexual crime committed by organized criminal groups, drug traffickers and paramilitary groups Cases: Only ,5 % men of the total of woman Sexual crime committed by outlawed insurgent groups and guerrillas Cases: men Sexual crime committed by members of the armed forces, police, judicial police and intelligence services Cases: woman men woman men woman In relation to crimes of sexual violence committed in the context of armed conflict under investigation in the framework of the Justice and Peace Law Of Offenses confessed to Involved Sexual violence 23 as of july of st SENTECES SENTECES Judgments regarding the victimizing event of Sexual violence in the context of the armed conflict are not unanimous. According to information from the Procurator 11 convictions have been handed down, 18 according to the Chief Prosecutor, and 3 according to the monitoring Bureau of judicial order 092, Special Report Markets Labor/work- Sex. DANE Quarterly Bulletin (April-July 2015). Available in: 17 Special Report Markets Labor/work- Sex. DANE Quarterly Bulletin (April-July 2015). Available in: 18 'Forensis' Journal Reports years 2011, 2012, 2013 and 2014 National Institute of Legal Sciences. Available in: 19 National Institute of Forensic Sciences. Forensis 2011, página 212 and Forensis 2012, page XII Report on Women and Armed Conflict.(2015) Available in: 21 Source: Response of the National Institute of Legal Medicine and Forensic Sciences to a request for information by the Corporation Sisma Women-May 20, Source: Response of the National Institute of Legal Medicine and Forensic Sciences to a request for information by the Corporation Sisma Women-May 20, Source: Response of the National Institute of Legal Medicine and Forensic Sciences to a request for information by the Corporation Sisma Women-May 20, In this regard Benetech and Punto de vista Corporation (2011) had already noted that, "(...) Since 2007, the National Institute of Legal Medicine and Forensic Sciences (INML) has included the armed groups in the categories of perpetrators. However, these categories have changed so much that it may be impossible to make comparisons over time. In: The use of quantitative data to understand sexual violence related to Colombia's armed conflict. P. 23. Available in: 9

11 BLOCK 3. VICTIMS OF ARMED CONFLICT 25 Concerning applications for registration to the Registrar of Stripped and forcefully abandoned lands - RTDAF. LAND RESTITUTION 26 Up to the present date HOLDERS 40,5 % 59,5 % women APPLICATIONS FILED BY men Corresponding to plots of land enrollment by women were filed by women belonging TO INDIGENOUS COMMUNITIES were filed by AFRO-COLOMBIAN WOMEN (1984- oct. 2015) According to the Victim's Unit are men and are women = 47,9 % of the total of against sexual freedom and integrity of forced displacement of enforced disappearance ,5 % were against women and girls reported the inclusion of ,5 % % Registrar in There are only 181 women victims 29 acknowledged under sentencing * were against women and girls Included in the Victim's there are Women victims of forced displacement 30 acknowledged under sentencing were against women and girls In 2014 were reported Murder in of threat Included in the Victim's Registrar in % Included in the Victim's Registrar in ,5 % were against women and girls Included in the Victim's Registrar in National Statistics Directorate of Special Prosecutor for Transitional Justice consulted in July Available in: 26 National Statistics Directorate of Special Prosecutor for Transitional Justice consulted in July Available in: 27 Check: Monitoring Committee of court order 092 of the Constitutional Court - reserved Annex; access to justice for women victims of violence. Available in: 28 The information included in the following three areas was consulted on the website of the Victims Unit. However, in the case of single registry of victims (RUV) of the year 2014 information was supplied by the victims unit in response to a right to petition filed by the National Network of Women in June It should be noted that among the information provided by the unit and the data available for 2014 in the record of victims online, there is a substantial difference that can be attributed to the fact that all of the data has not been updated in the virtual platform. Regarding information in the register (RUV) we must take into account: i. the sum of the values do not reflect the total of victims because a person may have reported offenses over several years; and ii. For dynamic registration and vetting of information, changes in the figures are presented over time. 29 The source of information in this section is from the Stripped Land Registry and Forcibly abandoned lands. With the web tab of differential approach / location of the property / total domestic filter / filter application year / columns variable gender / ethnicity variable in rows. Last visit 13 September 2015 information as of September Available in: 30 The source of information in this section is the Register of Victims (RUV) of the Victims Unit. With single register of victims / differential approach web tab / web tab victims of armed conflict / filter date and place where the facts occurred / national total filter / year / gender filter / filtered by victimizing act / filtered by ethnicity; Last visit 13 September 2015, information as of 1 September Available in: 10

12 CONCLUSIONS REGARDING PROTECTION AND PREVENTION: Socioeconomic inequalities by women compared to men are major obstacles to ensuring effective participation of women in peacebuilding, during times of negotiation and post-agreement. Women suffer greater affectation regarding sexual violence in the context of sociopolitical violence, and that 88% of victims are women The difference between the number of reported by medical-legal exams forensic and prosecuted by the Attorney General's Office, explained that the prosecution is in charge of the criminal complaints and the National Institute of Medicine Legal and Forensic Sciences INML-CF makes the expert opinions, that is, the INML-CF performs a work in support of the judiciary through its forensic activity. Also: i. not all authorities, when they receive a complaint, order and expert opinion. There are where for example, many years have passed by and such opinions are not as relevant as other evidence such as a context study or psychological analysis. ii. not all victims who report go to the INML-CF to be evaluated. Their reasons are personal and administrative (the institute and the dificculties it imposes); iii. It is important to know the starting point and the route and information gathering. If the hospital is the one who practices the exam, not always the INML-CF ensures the inclusion of this information in their statistics. In nine years of the law of justice and peace a total of 33 judgments have been handed down of which only 3 relate to sexual offenses. 31 the lack of effectiveness of the process is evident. The difference between the numbers of women inscribed in the register of victims and those acknowledged in the judgment c280 and order 119 of 2013 of the Constitutional Court, special monitoring chamber to Judgment T-025 of 2004 and its enforcement orders, exemplifies the difficulties encountered by women victims in accessing justice in Colombia. Peace will not be sustainable if it this is not prioritized and guarantees of access to justice for women victims is ensured. Regarding access to justice in of sexual violence in the context of socio-political violence, impunity remains very high and the orders handed down in Ruling 092 have been breached. 5to Informe Mujeres, Seguridad y Paz 2015 RECOMMENDATIONS TO THE STATE FOR PREVENTION AND PROTECTION: It is necessary to promote the implementation of public policies that ensure the equitable distribution of the burdens of home care as well as social awareness campaigns about the disproportionate burdens -in many unpaid- women face. The information system of the Victims Unit has improved, however it is important that the data is updated in a timely manner in order to promote elements for public policies, adjustments proper and timely monitoring seeking qualitative progress in the short term in guaranteeing rights for women. The Register of Victims must be strengthened systematizing disaggregated information regarding ethnicity of women victims Regarding sexual violence in the context of armed conflict, it is necessary to form an official commission of historical truth about sexual violence against women and girls, in order to reconstruct the account of the past, the conflict, resistance and understanding of the culture of discrimination that made it possible, the social and institutional structures in which it is based, and to make recommendations to prevent recurrence. Facing the issue of reparation, a special program for women and girls survivors of sexual violence must be created to ensure measures to remedy the damage caused in terms of rebuilding their life plans and concrete measures that contribute to transform social relations that underlying the discrimination that made it possible. 31 Victims acknowledged by Judgment _ C280 and Order 119 of 2013 Constitutional Court Special Chamber Monitoring Judgment T 025 of _ and the orders for its compliance. The source of information in this section is the Register of Victims (RUV). With single register _ victim / web tab differential approach / web tab victims recognized Judgment C280 and Auto / _ date and place where the facts occurred / national / Filter year / gender filter / _ full approach _ victimizing act filter / filtered by ethnicity. Last visit 13 September 2015, information as of September 1, Available in: 32 Last visit 13 September 2015, information as of September 1, Available in: 11

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