A. COLOMBIAN ACTION PLAN 2010-2014... 8 INTRODUCTION... 8 CHAPTER I. GOALS FOR A FOUR-YEAR TERM. 56 Goals to August 2014... 8 1. HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW. 26 Goals... 8 a. Prevention of Human Rights and International Humanitarian Law violations: 6 goals... 8 b. Protection. 2 Goals... 9 c. Support and comprehensive reparations to victims. 18 goals... 9 2. SUSTAINABLE DEVELOPMENT. 28 Goals... 10 a. Biodiversity and ecosystem services. 7 goals... 10 b. Environmental management of water resources: 3 goals... 10 c. Environmental, sectorial and urban management. 12 goals... 11 d. Climate change, reduction of vulnerability and strategy for low-carbon development. 6 goals... 11 3. LABOUR AND UNION RIGHTS. 2 Goals... 11 a. Verification visits for the compliance of the labour law... 11 b. Ratio of inspectors for every 100,000 active jobs... 12 CHAPTER II. MEASURES IN HUMAN RIGHTS, ENVIRONMENT, SUSTAINABLE DEVELOPMENT AND LABOUR RIGHTS. 101 Measures, 37 advances and achievements... 12 HUMAN RIGHTS. 28 Measures... 12 1. HUMAN RIGHTS POLICIES, PLANS AND PROGRAMMES. 12 Measures... 12 a. In 2008, Colombia voluntarily submitted request to be reviewed under the Universal Periodic Review of human rights established by the United Nations, and the report including a detailed list report of our challenges, goals, and achievements, and since then Colombia has complied with the agreed goals... 12 b. We set out in the 2010-2014 National Development Plan, the principal guidelines for Human Rights and International Humanitarian Law governing the actions of institutions during the four-year-period... 12 c. We created a national system for Human Rights and International Humanitarian Law to integrate the activities of all institutions, civil society groups, and the international community in these areas... 13 d. We ordered comprehensive AID to victims of the internal armed conflict and the restitution of land to people forced off their land or property... 13 e. We agreed on the allocation of resources in the amount of 22 billion Euros, to fund the implementation of the law on victims and land restitution... 13 f. We strengthened the institutions for the application of the law of victims and land restitution... 14 1
g. We established guidelines, a plan for implementing goals, and monitoring mechanisms for the national plan on comprehensive aid and reparation to victims... 14 h. We strengthened regional institutions for aid and restitution of land to victims... 14 i. We strengthened justice enforcement mechanisms for the implementation of law of victims... 14 j. We strengthened legislation to guarantee justice, truth, and reparations to victims of demobilized illegal armed groups... 15 k. We passed measures to locate and identify disappeared persons... 15 l. We consolidated the National Registry of Disappeared Persons... 15 2. INSTITUTIONAL STRENGTHENING OF JUSTICE. 1 Measure... 15 a. We strengthened the Attorney General's Office to fight against the impunity of crimes against human rights... 15 3. PROTECTION OF PERSONS AT RISK. 5 Measures... 15 a. We strengthened the programme for protection of persons at risk... 16 b. We strengthened measures for protecting trade unionists... 16 c. We disclosed the protection policy to trade union federations... 16 d. We decentralized the venues of committees for risk regulation and assessment... 17 e. We extended the benefits of the protection programme to those with land claims... 17 4. STRENGTHENING THE SOCIAL DIALOGUE ON HUMAN RIGHTS. 4 Measures... 17 a. As part of the process of preparing for the National Conference on Human Rights and International Humanitarian Law, we held 15 forums in a number of provinces... 17 b. We are strengthening the National System for Human Rights and International Humanitarian Law in the regions... 17 c. We led the way in encouraging businesses to voluntarily take Pro-Human Rights actions... 18 d. We have renewed and fortified the process of round tables of guarantees... 18 5. FIGHT AGAINST IMPUNITY IN HUMAN RIGHTS. 4 measures... 19 a. We strengthened the investigations of crimes against trade unionists with the creation of the International Labour Organization Subunit... 19 b. We are adopting prioritizing criteria s in investigations against labour organizations, concerted with the trade union s confederations... 19 c. We succeeded in obtaining the cooperation of the International Labour Organization for improving investigations on crimes against trade unionists... 19 d. We trained judges and officials responsible for investigating crimes against trade unionists... 19 2
6. IMPROVED COOPERATION IN HUMAN RIGHTS. 2 Measures... 20 a. On July 4 th 2012, we successfully held the 7 th Colombia-EU Human Rights Dialogue... 20 b. We briefed the results of the Colombia-European Union human rights dialogue to NGOs... 20 7. CONCRETE RESULTS IN HUMAN RIGHTS. 13 Results... 20 ENVIRONMENTAL AND SUSTAINABLE DEVELOPMENT. 56 Measures... 21 1. WE OBTAINED GLOBAL CONSENSUS AT THE RIO +20 SUMMIT FOR THE SUSTAINABLE DEVELOPMENT OBJECTIVES. 1 Measure... 21 2. EFFECTIVE IMPLEMENTATION OF FOREST-RELATED STANDARDS. 11 Measures... 22 a. We strengthened the covenant for legal timber... 22 b. We regulated the forest registry... 22 c. We established a system for monitoring deforestation and estimating carbon in natural forest... 22 d. We modified the regulations for processing the requests for removing forest reserve areas for urban expansion... 22 e. We regulated the redefinition of the boundaries of the Bogota river forest reserve... 22 f. We regulated the removal of forest reserve areas to be dedicated to agricultural reform and rural development programmes, and for land restitution to victims... 22 g. We regulated the use and operation of Bogota river forest reserve... 23 h. We implemented the Forest Law Enforcement, Governance and Trade (FLEGT) project to improve forestry governance and to fight against illegal exploitation of timber... 23 i. We reinforced the prohibition of mining exploitation in forest reserves... 23 j. We reached agreement with the other countries of the Andean Community Peru, Ecuador and Bolivia - to cooperate in the fight against illegal mining... 23 k. Within the framework of the Andean Community and the Amazon Cooperation Treaty Organization and with the support of the government of Finland, we established plans for strengthening capacities in monitoring deforestation... 23 3. EFFECTIVE IMPLEMENTATION OF BIODIVERSITY STANDARDS. 5 Measures... 23 a. We improved the national biodiversity policy... 23 b. We established a policy for sustainable commercial development of biotechnology... 24 c. We implemented a sustainable bio-commerce programme... 24 d. We adopted measures for the protection of threatened species... 24 e. We protected special areas of the country and strengthened their institutions... 24 4. EFFECTIVE IMPLEMENTATION OF WATER STANDARDS. 12 Measures... 24 3
a. We adopted strategic plans for the Magdalena-Cauca and Caribbean basins... 25 b. We installed new instruments for measuring rainfall, river levels, and river flows... 25 c. We are formulating plans for the management of a number of river basins and wetlands specially sensitive to economic activities... 25 d. We strengthened international cooperation for better water management... 25 e. We approved the largest investment in history for the management of river basins: 77.8 million euros.. 25 f. We coordinated the environmental agenda with civil society group Federriego... 25 g. We regulated and implemented the registry of users of water resources... 26 h. We regulated the management, use and disposal of water resources... 26 i. We implemented new measures in connection with water resource management... 26 j. We implemented preventive measures for the rainy season... 26 k. We organized a national day for cleaning up beaches, rivers, and wetlands... 26 l. We provided aqueducts to indigenous communities of Cauca province... 26 5. EFFECTIVE IMPLEMENTATION OF NATURAL RESOURCES SUSTAINABLE EXTRACTION. 10 Measures... 27 a. We toughened the compensations for losses of biodiversity... 27 b. We participated in the fourth meeting of the Rotterdam convention for the elimination of the use of mercury in mining... 27 c. We put into operation for the public in general a specialized software that generates environment-related early warnings for any project... 27 d. We strengthened institutions for the environmental and sustainable development sector... 27 e. We defined criteria for imposing environmental sanctions... 28 f. We established procedures for clean development mechanisms... 28 g. We established procedures for the approval of projects that reduce greenhouse gas emissions... 28 h. We regulated a registry for environmental offenders... 28 i. We defined a strategy for coordinating policies and actions related to climate change... 28 j. We strengthened institutions for sustainable mining... 28 6. VOLUNTARY MEASURES AND ACTIONS IN THE PRIVATE SECTOR FOR ENVIRONMENTAL AND SUSTAINABLE DEVELOPMENT. 4 Measures... 29 a. We attained 10th place in the ISO 14000 international standard for environmental management... 29 4
b. We attained second place in Latin America for our commitment to the United Nations Global Compact for considering the human dimension of globalization in the areas of labour, the environment, and human rights... 29 c. The private sector has made voluntary commitments to adopt pro-environmental actions... 29 d. We consolidated Colombia's leadership in Latin America in programmes for expanded responsibility of the producers in waste management... 29 7. STRENGTHENING SOCIAL DIALOGUE REGARDING ENVIRONMENT AND SUSTAINABLE DEVELOPMENT. 8 Measures... 30 a. We conducted information events on climate change and risk management... 30 b. We conducted the XII Amazon Regional Round Table... 30 c. We have convened the National Environmental Council... 30 d. We guaranteed the fundamental right to prior consultation. Presidential directive 1 of 2010... 31 e. We are accountable for the government management regarding environment and sustainable development... 32 f. We held the seventh Inter-American Dialogue On Water Management... 32 g. We developed environmental policies, plans, and programmes based on an online public forum... 32 h. We created multiple forums for consultation and consensus-building with ethnic groups... 32 8. FIGHT AGAINST IMPUNITY. 3 Measures... 32 a. We established a new regime for environmental sanctions... 32 b. We strengthened the Attorney General's Office in order to improve the investigation of crimes against natural resources and the environment... 33 c. We have disciplinary mechanisms for disciplinary prevention and control on environmental matters... 33 9. IMPROVED INTERNATIONAL COOPERATION FOR THE ENVIRONMENT AND SUSTAINABLE DEVELOPMENT. 2 Measures... 33 a. We concluded a Memorandum of Understanding with the European Union focused on raw materials and mining... 33 b. We cooperate with the EU in the field of climate change... 33 10. CONCRETE RESULTS IN ENVIRONMENT AND SUSTAINABLE DEVELOPMENT. 15 Measures... 33 a. Colombia is ranked 12 th in the world for projects reducing greenhouse gas emissions... 33 b. In 2011 we made a significant progress in projects of clean development... 34 c. We began to implement the strategy of low carbon development... 34 d. We reduced pesticide run-off to the Caribbean Sea... 34 5
e. We punish severely violations to the environmental legislation... 34 f. We trained miners in sustainable mining... 34 g. We offer tax benefits to encourage significant investments in control and environmental monitoring... 34 h. We speed up the procedures for obtaining environmental licenses... 35 i. We improved the procedures for obtaining environmental permits and the monitoring of projects with environmental licenses... 35 j. Colombia has one of the lowest levels of greenhouse gas emissions in the world... 35 k. Colombia: first in South America, second in the Americas in environmental performance.... 35 l. We are in the process of deciding, with wide public debate, whether or not to grant an extension to important mining concessions... 35 m. We have denied eight environmental licenses for expanding the operation of carbon mines in the province of Cesar for non-compliance with environmental standards... 35 n. Many suspects of environmental crimes were captured... 35 o. We severely punished violations to the environmental legislation... 36 LABOUR RIGHTS. 17 Measures... 36 1. EFFECTIVE ENFORCEMENT OF LEGISLATION. 5 measures... 36 a. We strengthened the institutional framework... 36 b. We regulated cooperatives in order to fight against violations of labour rights... 36 c. We trained public and private officials on fundamental labour rights... 36 d. We strengthened the dialogue with public servants and their trade unions... 36 e. We have informed the Colombian Congress of the exchange of opinions between the government and members of the European Parliament... 36 2. FIGHT AGAINST IMPUNITY. 6 measures... 37 a. We increased the number of labour inspectors... 37 b. We increased the number of labour inspections... 37 c. We strengthened channels for citizens complaints against labor rights violations... 37 d. We defined as criminal any action against freedom of assembly and association and against collective bargain... 37 e. We created a Special Committee for Resolving International Labour Organization Disputes... 37 f. We penalized any violation of labour rights... 37 3. ENHANCING SOCIAL DIALOGUE. 6 Measures... 37 6
a. We enhanced the Tripartite Agreement between employers, trade unions, and the Government with explicit reference to the negotiations with the EU... 38 b. In consensus with private sector and workers, we increased the 2012 minimum wage, above inflation.. 38 c. We provided an account for our governments administration regarding labour rights... 38 d. We co-designed strategies to generate high-quality employment... 38 e. We reactivated the Inter-institutional Human Rights Commission... 38 f. We provide training in labour protection and fundamental labour rights... 38 4. CONCRETE RESULTS IN LABOUR RIGHTS. 9 Results... 38 a. In June 2012, we held inspections to 195 cooperatives and pre-cooperatives, on sensitive sectors... 39 b. We have imposed sanctions to a large number of cooperatives and pre-cooperatives for violations to labour rights... 39 c. Port sector: We provided training for 8 companies with the support of the International Labour Organization... 39 d. Between April and July 2012 97 new labour organizations were registered... 39 e. Between April and July, 2012; 74 conventions were deposited, 59 pacts and 64 conventions were denounced... 39 f. Between April and July 2012, 93,025 verbal consultations were resolved... 39 g. We have imposed numerous sanctions for the violation of labour standards... 39 h. Between July 2011 and June 2012 the following sanctions have been imposed:... 39 i. We have encouraged mutual agreed solutions in a large number of disputes on the application of labour rights... 40 7
A. COLOMBIAN ACTION PLAN 2010-2014 INTRODUCTION Colombia has a transparent and binding Action Plan on human, environmental and labour rights, aimed, amongst other purposes, to safeguard human rights, to strengthen and to enhance the rights of trade unionists as well as to protect the environment. The Plan sets out clear, ambitious and sustainable objectives, bound by a schedule and based on results in each of the above-mentioned fields. The targets are clear, specific, verifiable, ambitious and realistic allowing the President of the Republic to conduct strict monitoring and control over compliance and performance across the different institutions involved. Hereinafter we highlight the goals adopted by Colombia in this Action Plan, the most significant measures adopted to attain such goals and some of the most relevant results already obtained in its implementation. CHAPTER I. GOALS FOR A FOUR-YEAR TERM. 56 Goals to August 2014 Colombia's National Development Plan adopted by law is the framework of government policies formulated by the President of the Republic through his government. The timeframe of the plan is 4 years, corresponding to the constitutional term of the President. The National Development Plan is the roadmap of the Government for which it is held accountable before the Congress and the citizens. The Plan is the result of consultations with civil society through the National Planning Council. Moreover, it was consulted with all ethnic communities through a Preliminary Consultation Mechanism. In order to monitor the implementation of the National Development Plan, the Government has a Monitoring System, which is an inter-institutional tool of the Office of the President for programming, managing and monitoring the results of the Government's main programmes. The system enables the interaction between institutions of the executive branch directly involved in the fulfillment of government s commitments, providing real time information on the progress made vis-à-vis the four-year and annual goals of the National Development Plan and the progress made in other priority commitments. The most relevant goals on Human Rights, International Humanitarian Law, Sustainable Growth and Labour Rights are set out below. 1. HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW. 26 Goals a. Prevention of Human Rights and International Humanitarian Law violations: 6 goals 8
1. Establishment, regulation and implementation of the National Human Rights and International Humanitarian Law System. Goal: 100% 2. Implementation of comprehensive prevention plans against Human Rights violations in each Province. Goal: 32 Provinces. 3. Municipal plans with prevention and protection measures formulated within the framework of the National Consolidation Plan. Goal: 51 Municipalities 4. Community plans with prevention and protection measures formulated within the framework of the prevention strategy for land restitution. 4 Communities: Curvaradó and Jiguamiandó (Province of Chocó), La Porcelana (Province of Antioquia), Chibolo (Province of Magdalena). 5. Meetings of the National Oversight Committee for the adoption of specific protection measures for cities with higher risk of Human Rights violations. Goal: 14. 6. Elaboration of development plans in each political and administrative territorial division guaranteeing people s right to life, freedom, security, equality and non-discrimination, as well as the promotion of Human Rights culture. Goal: 132 as follows: 32 Provinces and 100 municipalities with Development Plans containing a Human Rights component. b. Protection. 2 Goals 1. Beneficiaries of protection measures enjoying the right of life. Goal: 100%. 2. Protection and security schemes transferred from the Departamento Administrativo de Seguridad DAS- to the National Protection Unit. Goal: 256 transfers. c. Support and comprehensive reparations to victims. 18 goals 1. Regional Centers for Aid and Comprehensive Reparation to Victims. Goal: 27. 2. Provision of emergency humanitarian aid to ethnic groups victims of forced displacement. Goal: 100%. 3. Provision of emergency humanitarian aid to families of victims of forced displacement. Goal: 100%. 4. Organization of round tables with victims. Goal: 600. 5. Humanitarian missions for emergency prevention and response. Goal: 1,611. 6. Municipalities with contingency plans accompanied and advised. Goal: 320 municipalities. 7. Indemnification of children and adolescents with funds placed on a trust fund. Goal: 15,787. (This indicator allows monitoring children and adolescents to be indemnified as a result of murder, forced disappearance, abduction, crimes against freedom and sexual integrity, torture or damages derived from infringements mentioned in Article 3 of Law 1448 of 2011, entitling them to a trust fund facility. A trust fund has been established to safeguard and obtain economic returns to indemnify underage victims until they reach legal age and become able to make use of these funds). 8. Indemnified children and adolescents who are still under the support programme upon reaching legal age. Goal: 100%. 9. Designed and registered plans of collective reparation. Goal: 32. 9
10. Formulation of collective reparation plans with the participation of victims including support programmes during implementation. Goal: 280 plans. 11. Formulation of collective reparation plans for ethnic groups in process of implementation, including a support programme during implementation. Goal: 140. 12. Formulation of individual reparation plans with active participation of victims, including a support programme during implementation. Goal: 277,730. 13. Percentage of responded emergency and transitional humanitarian aid requests. Goal: 100%. 14. Return or relocation processes with already formulated plans. Goal: 100%. 15. Collective reparations already implemented. Goal: 400. 16. Integral Mobile Units currently under operation. Goal: 25. (Integral Mobile Units for victims aid visit communities in remote locations with little institutional support and that have suffered violence in the context of the internal armed conflict. The purpose is to reach out the afflicted population and that this population becomes acquainted with what the government is offering and gains access to aid, assistance and comprehensive reparation measures, and subsequently exercise their rights.) 17. Victims indemnified for causes other than displacement. Goal: 385,846. 18. Displaced households returned to their place or relocated to other place with institutional support. Goal: 60,000. 2. SUSTAINABLE DEVELOPMENT. 28 Goals a. Biodiversity and ecosystem services. 7 goals 1. Hectares of forest reserves (Law 2 of 1959) territorially regulated and delimited: 27,097,828 hectares. 2. Updated map of continental, coastal and maritime ecosystems: 100%. 3. Regulated and delimited forest areas adopted by administrative decision: 15,000,000 hectares. 4. Hectares of paramos ecosystems with a demarcation at a scale of 1:25,000 (in 2010 the scale was 1:250,000): 1,186,343 hectares. 5. Formulation of a national policy for hydro biologic resources: 100%. 6. Restored or rehabilitated hectares for protection purposes: 90,000 hectares. 7. New hectares incorporated into the National System of Protected Areas: 3,000,000 hectares. b. Environmental management of water resources: 3 goals 1. Municipalities affected by floods during the rainy season that adopt updated Plan to regulate the use of their territory: 220. 2. Strategic plans in major basins: 5 plans. 3. River basin regulated use and management plans under the new legal framework of basin regulation: 83 plans. 10
c. Environmental, sectorial and urban management. 12 goals 1. Percentage reduction in the national energy consumption/gdp ratio (energy intensity): 3%. 2. Percentage reduction in mercury use in mining processes (in five projects identified by the Ministry of Housing, City and Territory): 10%. 3. Processed applications of projects, civil works or activities subject to environmental licensing under the jurisdiction of the Ministry of the Environment already resolved about: 100%. 4. Sectorial environmental action plans concerted with Ministries of Transportation, Agriculture and Urban Development, Housing, City and Territory, Mining and Energy: 4. 5. Sectorial environmental action plans of the prioritized sectors of the National Development Plan being implemented: 4. 6. Number of prioritized gold mining areas where the strategy to control illegal mining exploitation is being implemented : 5. 7. Environmental Units established in the Ministries of Housing, City and Territory, Transportation, Agriculture and Urban Development, Mining and Energy: 4. 8. Measuring stations for reporting compliance with air quality standards: 135. 9. Percentage of sustainable State procurement: 10%. 10. Vehicles entering the auto fleet in 2014 with technologies suitable to available fuels: 4,739. 11. Environmental assessments in the prioritized economic sectors: housing, infrastructure, agriculture and mining: 4. 12. Establishment of a Colombian Technical Standard in the category of sustainable construction for awarding the Colombian Environmental Seal: 100%. d. Climate change, reduction of vulnerability and strategy for low-carbon development. 6 goals 1. Sectorial strategies for low-carbon development: 4. 2. Sectorial plans incorporating policies for adapting to climate change: 14. 3. Export products with identified trade barriers and strategies to deal with them: 5. 4. International resources channeled directly or indirectly toward the country for the development of the REDD+ (Reducing Emissions from Deforestation and Forest Degradation) national strategy, early implementation projects and topics related to forest carbon: US$4,000,000 Approximately 3,195,204). 5. Clean Development Mechanism Projects including the participation in new carbon markets: 142. 6. Number of hectares where deforestation was avoided: 200,000 hectares. 3. LABOUR AND UNION RIGHTS. 2 Goals a. Verification visits for the compliance of the labour law Regular visits to verify compliance with labour laws in the economic sectors of mining, transportation, floriculture, palm oil and sugar cane farming. 11
Goal Jan-Dec 2012: 950 Goal to Dec 2013: 1,050 Goal 2010-2014: 1,200 b. Ratio of inspectors for every 100,000 active jobs Ratio of inspectors for every 100,000 active jobs in the labour market. Goal for Jan-Dec 2012: 3.07 Goal to Dec 2013: 3.67 Goal for 2010-2014: 4.27 (In absolute terms, between 2011 and 2014 Colombia will increase the number of labour inspectors by 380 officials, reaching more than 900 inspectors by 2014.) CHAPTER II. MEASURES IN HUMAN RIGHTS, ENVIRONMENT, SUSTAINABLE DEVELOPMENT AND LABOUR RIGHTS. 101 Measures, 37 advances and achievements HUMAN RIGHTS. 28 Measures 1. HUMAN RIGHTS POLICIES, PLANS AND PROGRAMMES. 12 Measures a. In 2008, Colombia voluntarily submitted request to be reviewed under the Universal Periodic Review of human rights established by the United Nations, and the report including a detailed list report of our challenges, goals, and achievements, and since then Colombia has complied with the agreed goals In December 2008, Colombia voluntarily attended the Universal Periodic Review. 43 delegations from different countries participated in the dialogue with questions and recommendations. Colombia accepted 65 recommendations and made 69 voluntary commitments. Over the last 5 years, Colombia has monitored the commitments made resulting in substantial progress on all 133 commitments. Colombia will present itself, again, between April 22 and May 3, 2013 to the Universal Periodic Review. b. We set out in the 2010-2014 National Development Plan, the principal guidelines for Human Rights and International Humanitarian Law governing the actions of institutions during the four-year-period The Plan set out the creation of the National System of Human Rights and International Humanitarian Law to formulate and coordinate the Comprehensive National Policy on Human Rights and International Humanitarian Law and to consolidate sectorial public policies with a human rights approach and differential focus. 12
The Plan includes: the development of a Comprehensive National Policy on Human Rights and International Humanitarian Law, whose main components are: (a) A national action plan on Human Rights and International Humanitarian Law, (b) prevention of Human Rights violations and breaches of International Humanitarian Law, (c) Human Rights education and culture, (d) protection, (e) adoption of a comprehensive Human Rights and International Humanitarian Law, policy by the Ministry of Defense, (f) access to justice and fight against impunity, (g) international scenario, and (h) equality and nondiscrimination. Develop a comprehensive policy on aid and reparation to victims of serious Human Rights violations and International Humanitarian Law breaches. Finally we decided to create the National System of Aid and Reparation to Victims of serious Human Rights violations and International Humanitarian Law breaches, which enables coordination of actions of government agencies in this area. c. We created a national system for Human Rights and International Humanitarian Law to integrate the activities of all institutions, civil society groups, and the international community in these areas Decree No. 4100 dated November 2 nd, 2011. The National System for Human Rights and International Humanitarian Law is structured into 6 main sub-systems and 2 cross-cutting issues: (a) Citizenship, Human Rights culture and education (Ministry of Education and Ministry of Culture); (b) civil and political rights (Ministry of Defense and Ministry of Interior); (c) International Humanitarian Law and armed conflict (Ministry of Defense and Ministry of Interior); (d) economic, social, cultural, and environmental rights (Department for Social Prosperity and National Planning Department); (e) justice (Ministry of Justice); (f) equality, non-discrimination and respect to ethnic groups (Ministry of Culture and Ministry of Interior); (g) international Affairs (Ministry of Foreign Affairs - Cross-cutting Issue); and (h) communications (Ministry of Communications - Cross-cutting Issue). The National System for Human Rights and International Humanitarian Law coordinates actions with the National System of Aid and Reparation to Victims, created through Law 1448 of 2011. d. We ordered comprehensive AID to victims of the internal armed conflict and the restitution of land to people forced off their land or property In 2011, the National Congress enacted the Law on Victims and Land Restitution, Law 1448. e. We agreed on the allocation of resources in the amount of 22 billion Euros, to fund the implementation of the law on victims and land restitution 13
Document 3712 of the National Council of Economic and Social Policy (December 1 st, 2011): Financial Plan for the Feasibility of Law 1448 of 2011. The estimated cost for the period 2012-2021 is Col$ 54.9 trillion (approximately 22 billion). f. We strengthened the institutions for the application of the law of victims and land restitution The Decree No. 4801 of 2011 establishes the internal structure of the Special Administrative Unit for managing the restitution of dispossessed land. The Decree No. 4800 of 2011, establishes the mechanisms for the enforcement of measures of aid, assistance and comprehensive reparation of victims under Article 3 of Law 1448 of 2011, for the materialization of those constitutional rights. The Unit has made progress in developing a methodology to adopt contingency plans for all known types of victimizing, and not exclusively for displaced populations. Furthermore, it has a goal of 80 plans, joined in their formulation with monitoring and control during the months of June to December 2012. It has also made significant progress in focusing the areas of intervention in the municipalities most severely affected by violence, through an index of victimization risk. g. We established guidelines, a plan for implementing goals, and monitoring mechanisms for the national plan on comprehensive aid and reparation to victims During the meeting held on May 30, 2012 by the National Council of Economic and Social Planning. h. We strengthened regional institutions for aid and restitution of land to victims 1. Offices of the Unit of Land Restitution: By 2012, we expect to have 21 offices throughout the country. Currently, 14 Units have been created, including Bogotá. The functions of these Offices are to: undertake the procedures for the inscription on the Registry of Dispossessed or Abandoned Land, represent the victims in their complaints filed before judges and magistrates specialized in land restitution, pay for any damages as a result of a court order, manage the restitution fund, and develop a debt relief programme. 2. Regional Centers for Aid and Reparation to Victims: By the end of 2012 we expect to have six Regional Centers and inter-administrative agreements with regional authorities to create the largest possible number of Regional Centers. The function of these centers is to unify and pool the offer of institutional aid to victims, in such a manner that victims only need to visit Regional Centers to be informed about their rights, as well as for their inscription in the Registry of Victims. In the absence of such Regional Centers, victims would have to travel to Bogotá. i. We strengthened justice enforcement mechanisms for the implementation of law of victims As from January16th 2012, 5 civil district courts specialized in land restitution became operative, to hear cases from the cities of Bogotá, Cartagena, Cucuta, Cali and Medellin. Soon 15 magistrates and 22 judges will be in office, and this number will progressively increase to 60 magistrates and 134 judges by 2014. 14
j. We strengthened legislation to guarantee justice, truth, and reparations to victims of demobilized illegal armed groups The Law 1424 of 2010 sets out provisions regarding transitional justice guaranteeing truth, justice and reparations to victims of demobilized illegal armed groups, granting legal benefits and other arrangements. In addition, threw the Decree 2601 of 2011, which rules Law 1424 of 2010, we created the framework to regulate the subscription procedure for the Agreement for the contribution to the historical truth and reparation. k. We passed measures to locate and identify disappeared persons By Law 1424 of 2010. l. We consolidated the National Registry of Disappeared Persons Directive 007 of 2011: Implementation of the National Registry of Disappeared Persons. 2. INSTITUTIONAL STRENGTHENING OF JUSTICE. 1 Measure a. We strengthened the Attorney General's Office to fight against the impunity of crimes against human rights The number of prosecutors and judicial police officials dedicated to investigating crimes against trade unionists has increased by 150% over the past two years. The staff of the Office of the Attorney General increased by more than 1500 people. Likewise, financial resources increased in the amount of Col$ 170.000 million (approximately 75 million) and it was approved an investment of Col$ 50.000 million (approximately 22 million) for the establishment of units throughout the country. These resources are being incorporated into the budget of the Office of the Attorney General during 2011, 2012 and 2013, representing a 21% increase in the 2011-2012 periods and it is the most important budget increase in the last eight years. In 2011 we authorized a staff increase to strengthen the investigations in connection with: Demobilized illegal armed groups within the framework of transitional justice (Law on Justice and Peace), investigations related to the International Labour Organization and government officials (National Unit of Human Rights and International Humanitarian Law), crimes from emerging criminal gangs, terrorist groups, illegal drugs trafficking and environmental crimes. In addition through Decree 2933 of 2010 we organized the National Administrative System of Territorial Consolidation, as well as other programs related to the investigations of the Human Rights national Unite ILO. 3. PROTECTION OF PERSONS AT RISK. 5 Measures 15
a. We strengthened the programme for protection of persons at risk This includes journalists, human rights defenders, and social, rural, ethnic, trade union, political and community leaders, amongst others, with significant budget increases. The budget increased from 10.5 million in 2002, to more than 120 million in 2011. This programme offers special protection to 8,738 citizens, 13% of whom are trade unionists, 15% human rights defenders and 30% city councilors. The restructuring of this programme in 2011 was originated in the National Roundtable of Guarantees, as a proposal from civil society in agreement with the government. An investigation conducted in 37 countries in Latin America, Europe, Africa and the United States, with violence indicators similar to or above of those of Colombia showed that Colombia is the only country in the world having a victim s protection programme. Programmes from other countries only protect witnesses and people collaborating with justice (in criminal cases). b. We strengthened measures for protecting trade unionists In 2011, the Ministry of Interior issued a resolution which increased the scope of the protection to include; (a) trade union activists; (b) people in the process of creating a trade union, and; (c) former trade unionists threatened for the work done during their trade union activity. The budget allocated to the protection of trade unionists has increased gradually and significantly: In 2002, the budget for the programme of protection of trade union leaders was approximately 5.3 million; in 2009, the budget implemented for the protection of trade union leaders was 11.8 million. From 2002 to 2009, more than 66 million have been invested in the protection of trade union leaders. In 2010, 15 million were invested. In 2011, 59.2 million. For 2012, it s budgeted 85.7 million. c. We disclosed the protection policy to trade union federations The National Protection Unit has held several meetings with trade union federations for the disclosing of commitments to protecting the life, freedom, integrity and security of union activists and trade unionists. Meetings have been held with: The Intersectorial Commission of Human Rights of Workers; the National Trade Union of Food Industry SINALTRAINAL (follow-up of measures in force and coordination of a risk level study for members of this trade union, as well as establishing some protecting measures); the Central Union of Workers CUT (follow-up of protection measures, review of its functioning and individual case analysis); Oil Sector Workers Trade Union USO (protection measures for this group and follow-up of such measures) the Chiriguana Workers Union (SINTRACHIRIGUANA) and the National Mining and Energy Union (SINTRAENERGETICA). In this same order, it s worth mentioning to highlight that the members of CUT (Central Union of Workers) and GCL (General Confederation of labour) are always invited to participate to the Risk Assessment and Recommendation On Measures Committee. 16
d. We decentralized the venues of committees for risk regulation and assessment We agreed to conduct meetings of the Committees for Risk Regulation and Assessment in 14 prioritized regions of the country, with two purposes: 1. To acknowledge and support the work done by Human Rights Defenders, social and community leaders, and to give the opportunity to civil society representatives to voice their views on subjects regarding prevention, protection and investigation. 2. To hold a meeting of the Committee for Risk Regulation and Assessment to analyze individual cases of leaders in human rights, social and community organizations who face extraordinary or extreme risks resulting from their political, public, social or humanitarian activities or roles. In this regard, the following meetings are worth noting: (a) September 29 th, 2011, in Popayan, acknowledgement of Human Rights defenders by the Ministry of Interior and creation of a forum, where civil society of the Province presented its assessment on human rights. (b) October 6 th, 2011, a meeting of the Committee for Risk Regulation and Assessment was held in the city of Barranquilla. (c) On November 23 rd, it took place in Bogota. (d) On December 14 th, 2011, a meeting was held between the President of the Republic and Human Rights civil society organizations. e. We extended the benefits of the protection programme to those with land claims We included land restitution claimers in the protection programme. The measures adopted to protect this population depend on the geographical and social context. Some of the affected people do not accept certain kind of measures. 4. STRENGTHENING THE SOCIAL DIALOGUE ON HUMAN RIGHTS. 4 Measures a. As part of the process of preparing for the National Conference on Human Rights and International Humanitarian Law, we held 15 forums in a number of provinces Data collecting process for drafting the Comprehensive Public Policy on Human Rights and International Humanitarian Law. Tripartite mechanism of participation and information exchange with civil society organizations and the support of the International Community. Between September 2011 and September 2012, 15 forums were held in a number of Provinces. (Atlántico, Quindío, Boyacá, Sucre, Tolima, Meta, Guainía, Caquetá, Putumayo, Guajira, Vaupés, Antioquia, Magdalena, Arauca and Córdoba). Before December 2012, it s expected to complete the remaining forums. b. We are strengthening the National System for Human Rights and International Humanitarian Law in the regions The National System for Human Rights and International Humanitarian Law will have a body responsible for the design, implementation, monitoring and assessment of the Comprehensive Human Rights and 17
International Humanitarian Law Policy at local level. With the support of the national government, governors of Provinces and mayors steps will be taken to establish this body in the regions, taking into account the self-governance principle of local authorities. The Comprehensive Plans for Prevention of Violations of Human Rights and International Humanitarian Law are planning tools built by representatives of civil society, ethnic and local authorities, and the security forces with the aim of establishing the framework and action guidelines to: early and urgent prevention and guarantee of non-recurrence, face risk factors, eliminate threats or reduce their impact on the community. This instrument enables the definition of criteria for inter-institutional organization and coordination amongst different levels of the public administration (national, provincial and municipal). The goal for 2014 is to have an effective tool for the organization of inter-institutional actions for the fulfillment of government obligations in prevention and protection of human rights, which would be the responsibility of the Technical Group of Civil and Political Rights of the National System for Human Rights. c. We led the way in encouraging businesses to voluntarily take Pro-Human Rights actions With the aim of understanding the scope of the Voluntary Principles in Security and Human Rights and to promote their implementation in Colombia, the Mining and Energy Committee on Human Rights was created in 2003. This Committee is a forum for study, thought and recommendation aimed at improving the performance of the mining/energy sector and the public administration regarding the respect of Human Rights in relation to public and private security. The members of the Mining and Energy Committee on Human Rights are: the government, companies, Embassies (United States, Netherlands, United Kingdom and Canada), and civil society organizations (Foundation Ideas Para la Paz and International Alert) acting as observers. d. We have renewed and fortified the process of round tables of guarantees This is a forum created by mutual agreement between the government and civil society. It has the support of the international community and its primary objective is to formulate strategies and actions on prevention, protection and investigation enabling organizations of human rights defenders, and social and community leaders to fully carry out their work. The international institutions that have joined the work and the process carried out in the round tables on thematic issues are: the United Nations Development Programme that runs the technical secretariat, the Colombian Office of the United Nations High Commissioner for Human Rights, the Spanish and Swedish embassies and, recently, member countries of the G-24 led by the Swiss embassy and the Office in Colombia of the United Nations High Commissioner for Refugees (UNHCR). 18
The aim for the 2010-2014 periods is to have local forums and an agreement between the local administrative bodies and human rights defenders on measures for protection, prevention and investigation in order to guarantee their work. Additionally, a nationwide communication strategy shall be presented to facilitate the recognition of human rights defenders in Colombia and their work, allowing society at large to know their work and to consolidate within institutions the defense and recognition of these defenders. 5. FIGHT AGAINST IMPUNITY IN HUMAN RIGHTS. 4 measures a. We strengthened the investigations of crimes against trade unionists with the creation of the International Labour Organization Subunit As part of the Human Rights Unit of the Office of the Attorney General, in 2008 the International Labour Organization Subunit was created. Several specialized government employees in charge of knowing the crimes against unionist compose it. 2010-2011 this Subunit increased from 10 to 25 attorneys and from 100 to 243 investigators with Judicial Police duties. These are dedicated exclusively to crimes related to unionist members; homicides, threats, forced disappearances and torture. b. We are adopting prioritizing criteria s in investigations against labour organizations, concerted with the trade union s confederations The General Attorney s Office is in the process of adopting the policy of prioritization. As part of this process it has ordered the creation of the National Unit of Analysis and interdisciplinary contexts, to allow progress, inter alia, in those related to criminal macro structures that violate human rights of trade unionists, taking as a model the standards adopted by international tribunals. c. We succeeded in obtaining the cooperation of the International Labour Organization for improving investigations on crimes against trade unionists August, 2012. The Office of the Attorney General and the International Labour Organization concluded a memorandum of understanding to strengthen investigation and prosecution of all cases of violence against trade unionists. It was signed by the Attorney General, Mr. Eduardo MONTEALEGRE LYNETT, and the director of the International Labour Standards Department of the International Labour Organization, Mrs. Cleopatra DOUMBIA-HENRY. d. We trained judges and officials responsible for investigating crimes against trade unionists During 2011, officials in charge of investigation, ruling and punishment of human rights violation cases and breaches of international humanitarian law received training in 8 cities. Judges participated in the activities coordinated by the Office of the President of the Republic to fighting against impunity. 19
6. IMPROVED COOPERATION IN HUMAN RIGHTS. 2 Measures a. On July 4 th 2012, we successfully held the 7 th Colombia-EU Human Rights Dialogue Discussions were conducted in a frank and respectful manner on subjects such as; a) Colombia s progress in the eradication of extreme poverty, highlighting the commitment of the Colombian Government to the creation of conditions for the prosperity of vulnerable populations by promoting social and economic rights; b) good practices in the labour relations both in Colombia and the European Union, recognizing the progress made by Colombia in labour protection and guarantees, as well as the efforts made and the challenges faced in the fight against impunity of human rights violations of trade unionists; c) progress was shown in relation to the launching of the National System of Human Rights and International Humanitarian Law, and the National Conference of Human Rights for the formulation of the Comprehensive Public Policy on Human Rights and International Humanitarian Law. Issues affecting human rights in Europe were also discussed, especially those in connection with migrant rights. In addition, the importance of effective cooperation in specific areas was highlighted. Finally, it was agreed to study the possibility of adjusting the structure of the dialogue to new issues and logistic realities. b. We briefed the results of the Colombia-European Union human rights dialogue to NGOs On July 10 th, 2012, the Colombian Ambassador in Brussels held a meeting with members of civil society that regularly follows closely the human rights situation in Colombia. This meeting was attended by representatives of the International Office for Human Rights - Action on Colombia, Amnesty International and the World Organization Against Torture. In this forum, the results of the 7th Mechanism of Dialogue were disclosed, the concerns raised by the NGOs were taken up and it was agreed to continue to exchange views in the future. It should be highlighted the concerns of the NGOs regarding possible cuts in cooperation by the EU. 7. CONCRETE RESULTS IN HUMAN RIGHTS. 13 Results 1. We are developing a methodology to formulate contingency plans to deal with any type of victimizing situations. 2. We are developing a methodology to formulate contingency plans to deal with any kind of victimizing behavior covering not only displaced population. 3. We are targeting intervention zones in municipalities that have been most affected by violence through a victimization risk index. 4. Number of trade unionists under protection measures to June 30th, 2012: 1,282. 5. Until July 31st, 2012, the National Protection Unit had under protection 246 people participating in land claiming processes. 6. We ve received 414 applications from the persons claiming land in request for protection. 7. As of June 2012 we ve reported major progress made in the process of the Round Table of Guarantees for human rights defenders. The following activities have taken place: 20
a. 6 thematic sessions of the National Round Table of Guarantees on issues related to: investigation and prosecution, defense and security, human rights defenders and social leaders, protection of leaders within the framework of land claims, differentiated approach for indigenous peoples and Afro-Colombian communities, and rights of assembly and association as well as rights to public and peaceful demonstrations. b. The four existing Colombian peace and human rights platforms of civil society have participated, namely: the Permanent Assembly of Civil Society for Peace, the Colombia-Europe-United States Coordination, the Colombian Platform on Human Rights, Democracy and Development and the Alliance of Social and Related Organizations, all of which are organized under a common umbrella. 8. There have been more than 500 convictions for crimes against trade unionists. a. Case number 1787 of the International Labour Organization. 439 judgments where issued, with a total of 531 people prosecuted, 277 people accused and 71 currently under trial. b. Case number 2761 of the International Labour Organization. 13 judgments and 11 currently under trail. 9. Crime has fallen by more than 70% in areas where illegal armed groups used to operate. 10. Only 17% of murders of trade unionists in the last decade were are directly related to union activity, which shows clear progress and serious commitment from the Colombian government. 11. The total number of trade unionists is 500,000. The murder rate of trade unionists is 6 for each 100,000. This is five times lower than the country s overall murder rate which was 30 for every 100,000 inhabitants in 2011. 12. Between 2001 and 2011 the number of murders has fallen by 47% and the number of trade unionists murdered has fallen by 85%. 13. Until May 2012, with the Model of Facilitators and Strategy, 1,130,651 petitions had been filed (regarding aid and guidance to victims), in 63 contact points of municipal authorities. There is a 50% increase in petitions filed compared to those filed during the same period in 2011 (752,161 petitions). ENVIRONMENTAL AND SUSTAINABLE DEVELOPMENT. 56 Measures 1. WE OBTAINED GLOBAL CONSENSUS AT THE RIO +20 SUMMIT FOR THE SUSTAINABLE DEVELOPMENT OBJECTIVES. 1 Measure These objectives are a set of voluntary indicators, organized according to subject areas, aimed at balancing the economic, social and environmental dimensions of sustainable development. The countries underlined the fact that this set of indicators is a useful tool focusing on the fulfillment of specific, action-oriented development goals, easy to communicate, limited in number, ambitious, with a global nature and universally applicable, taking into account different realities, capabilities and levels of development and respecting national policies and priorities. (Document: A/CONF.216/L.1p51 Chap. V). 21