The support of the European Union may be decisive in

achieving peace in Colombia

Position paper October 2016

On 2 October 2016, the Colombian people approved by referendum the Peace Agreement signed
on 26 September by the Colombian President and the Commander of the FARC-EP. Through their
vote the Colombian people expressed the wish to turn the page of an internal armed conflict that
has lasted for more than half a century. The Agreement includes in addition to the disarmament
of the FARC and its transformation into a political actor the fight against criminal organisations.
The Agreement makes commitments on key issues regarding the construction of a lasting peace,
integral agrarian development, political participation, democratic openess for the construction of
peace, an ethnic chapter, a gender perspective, a solution to the illicit drugs issue, and the rights of
the victims of the conflict through the Integral system of Truth, Justice, Reparation and No
Repetition.

The signing of the Agreement took place in Cartagena in the presence of a number of international
leaders, which symbolised the wide consensus of the international community in support of the
peace process. The European Union (EU) has been at the forefront of the international support
shown for peace in Colombia, notably through the appointment in November 2015 of Special
Envoy Eamon Gilmore as well as in the establishment of a 90 million Trust Fund and the
announcement of loans to the value of 400 million by the European Investment Bank (EIB) to
accompany this process.

CCAJAR, OIDHACO and FIDH welcome the signing and approval of this Agreement. Our
organisations will remain vigilant to ensure that truth, justice, reparations for the victims and
guaranties of no-repetition will be central to the implementation of the peace Agreement. This
historic moment for Colombia presents many opportunities, as well as challenges, and the support
of the EU at this time is critical to the success of this process.

While hostilities between the FARC and Colombian
not yet been achieved. The upcoming months and
measures to demonstrate the immediate benefits of
prevented the negotiations with the ELN (Ejrcito
Army) from commencing.
state forces have officially ended, peace has
years will be decisive to urgently implement
peace and overcome the hurdles which have
de Liberacin Nacional, National Liberation

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Ending the War
A political solution, negotiated between two key actors in the conflict

As the Office of the Prosecutor of the International Criminal Court (ICC) and other sources have
highlighted, the three actors in the conflict the guerrillas (FARC and ELN), the paramilitary groups
and the state military forces have all committed crimes against humanity and war crimes. 12 ICC
Prosecutor Fatou Bensouda welcomed the fact that the Agreement excludes amnesties and
pardons for crimes which are within its jurisdiction, in the hope that effective sanctions will be
brought against those responsible, while indicating that the ICCs is commited to following closely
the implementation of the Agreement.

Despite the demobilisation of the paramilitaries that began during the mandate of former President
lvaro Uribe, through Law 975 of 2005, the heirs of these armed groups, who have been linked to
military power, continue to operate. During the first three months of 2016, at least 149
municipalities and 22 departments out of 33 were affected by the actions of 14 paramilitary
groups.3 In its 2015 annual report, the Office of the UN High Commissioner for Human Rights
(OHCHR) stated that post-demobilisation armed groups and related actors constantly undermine
human rights and citizen security, the administration of justice and peace-building, including land
restitution.4 Overall, a culture of war continues to be prevalent in Colombia, where military
doctrine and resources are geared towards fighting the internal enemy, resulting in major human
rights violations within a context of absolute impunity.5

CCAJAR, OIDHACO and FIDH welcome the fact that the Peace Agreement covers the dismantling
of new paramilitary groups and their support networks. We call on the EU to pay particular
attention to supporting peace in Colombia and of the necessity to prosecute any criminal behaviour
that would threaten the implementation of the Peace Agreement.

A comprehensive public policy regarding demobilisation and guarantees of no-repetition should be

a central element of transitional justice. This has been lacking until now, which largely explains the
failure of the past demobilisation attempts. Such a public policy should include: an analysis of the
modalities for the laying down of arms; foresee a vetting policy, which excludes from the military
those individuals who are responsible for grave violations of human rights and infractions of
International Humanitarian Law; preparation for reintegration including though offering employment
to ex-combatants within a civilian context, and propose a comprehensive policy to fight drug
production and trafficking.

EU support in these areas can play an important role in helping Colombia avoid the mistakes made
in Guatemala, for example, where an incomplete demobilisation process of armed groups has
represented a serious challenge in the transition towards peace. Putting an end to the conflict also
requires fully supporting the commencement of negotiations between the Colombian government
and the ELN.

1 FIDH Report, Colombia. La guerra se mide en litros de sangre, March 2012, available at :
https://www.fidh.org/IMG/pdf/colombie589e.pdf
2 ICC, Office of the Prosecutor, Situation in Colombia, Interim report, November 2012, available at : https://www.icc-
cpi.int/NR/rdonlyres/3D3055BD-16E2-4C83-BA85-
35BCFD2A7922/285102/OTPCOLOMBIAPublicInterimReportNovember2012.pdf
3 Felipe Morales Mogolln, La magnitud del fenmeno paramilitar, in El Espectador, 21 April 2016, available at:
http://www.elespectador.com/noticias/politica/magnitud-del-fenomeno-paramilitar-articulo-628513 .
4 UN OHCHR, Annual Report on the Situation of Human Rights in Colombia, A/HRC/31/3/Add.2, 15 March 2016, page 18, available
at: http://www.un.org/ga/search/view_doc.asp?symbol=A/HRC/28/3/Add.3
5 ICC, Situation in Colombia, Interim report, November 2012, available at : https://www.icc-cpi.int/NR/rdonlyres/3D3055BD-16E2-
4C83-BA85-35BCFD2A7922/285102/OTPCOLOMBIAPublicInterimReportNovember2012.pdf

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Protecting human rights defenders at risk

In the context of the tensions between those who support the Agreement and those who do not,
Human Rights Defenders (HRDs) and other specific groups have become increasingly targeted as
a result of their work:
Victims and organisations that support victims in their search for truth, justice, reparations and
guarantees of no-repetition, including those who have engaged in the peace process;
Land claimants and those who denounce environmental, economic, social and cultural rights
violations;
Social and community leaders, including indigenous leaders, afro-colombian communities, and
members of the Marcha Patriotica or the Congreso de los Pueblos movements.

The paramilitary groups are presumably responsible for more than 60% of the attacks against
HRDs.6 In its 2015 annual report on Colombia, the OHCHR highlighted that cases of murders of
HRDs were higher in 2015 than the average registered during the previous 20 years. This is
confirmed by the 'We are Defenders' (Somos Defensores) Programme, which has documented the
killing of 365 HRDs, as well as 17 enforced disappearances, 211 assassination attempts, 1768
death threats and 29 cases of judicial harassment since 2010. 7 63 HRDs were killed in 2015 and
by September 2016 50 such killings have been registered. 8 In almost all of these cases impunity
prevails and the OHCHR expressed particular concern about the lack of investigations in all of
these attacks.

The Colombian authorities have a protection programme for HRDs (the National Protection Unit,
Unidad Nacional de Proteccin) but this mostly consists in providing physical protection measures.
Much more should be done both in terms of guaranteeing the physical and psychological
protection of these persons, as well as in conducting effective investigations when attacks occur,
with a view to ending impunity. Particular attention should be given to land and environmental
rights defenders, local and indigenous representatives and defenders of economic, social and
cultural rights. CCAJAR, OIDHACO and FIDH welcome the inclusion of protection measures for
HRDs and social movements in the Peace Agreement. The Peace Agreement notably includes a
Comprehensive Security and Protection Programme for Local and Regional Communities and
Organisations. The EU should prioritise supporting a thorough implementation of the
aforementioned protection measures and programme.

Achieveing Peace
Putting victims at the centre of transitional justice

For Colombia to achieve peace, it is fundamental that the four pillars of transitional justice truth,
justice, reparations, guaranties of no-repetition be fulfilled.

The EU is particularly well equipped to support this process: it is one of the largest contributors to
transitional justice initiatives worldwide and adopted in November 2015 a policy framework which
rightly insists on the key factor of putting the participation of the victims at the heart of the process 9
an element which will be decisive for Colombia and the eight million victims officially registered. It

6 We are Defenders Programme, El Cambio. Annual Report SIADDHH 2015 sobre agresiones contra defensores de derechos
humanos en Colombia, 2016, page 35, available at: http://www.somosdefensores.org/attachments/article/137/el-
cambio-informe-somosdefensores-2015.pdf.
7 http://www.somosdefensores.org/index.php/en/
8 https://www.frontlinedefenders.org/es/case/armed-attack-intimidation-against-rocio-campos-movice
9 European External Action Service, EU adopts its policy framework on support to transitional justice, 16 November 2015,
http://eeas.europa.eu/top_stories/2015/191115_eu_transitional_justice_en.htm

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will be paramount to ensuring that all affected actors of the conflicts including certain sectors
currently under-represented like Afro Colombian communities and indigenous peoples be fully
involved in negotiations between the Government and the ELN and the implementation of the
Peace Agreement.

Moreover, it is fundamental that the EU follows closely the implementation of the Colombian
transitional justice process to make sure that it is led in accordance with the highest standards of
international criminal law.10 During the implementation of the Peace Agreement, the EU should pay
particular attention to the Special Tribunal for Peace (Tribunal Especial para la Paz) so that it may
generate effective sanctions against high ranking officials from all of the groups involved in the
conflict, all of whom are responsible for crimes under international law, such as crimes against
humanity and war crimes, and respect the internationally recognised rights of the victims.

Social justice, land restitution and new drug-trafficking policies will be key

Achieving peace will require demonstrating, without delay, the added value of pacifying a nation
marked by decades of war. It also implies integrating peace-related measures into a broader
framework to address the root causes of war, notably the highly unequal economic and social
system, the sense of political and social exclusion felt by a large part of the population, and the
increase in drug-trafficking.

The Agreement includes key issues such as agrarian development, and measures concerning the
replacement of illicit crop production and the tackling of illicit drugs trafficking. The issue of land
restitution in Colombia is of fundamental importance. Colombia currently has over six million
internally displaced persons, second only to Syria on a global level. Although Law 1448 on Victims
and Land Restitution came into force in June 2011, the restitution of land from which millions of
persons have been displaced has been a particularly cumbersome task, and to date, the vast
majority of those displaced are unable to return to their lands.

In many cases they cannot return because of the level of risk posed by paramilitary groups, who
have laid claim to the land, while in other cases, although the land has been formally restituted, a
return is not possible because the land is being occupied by others or is being used for large-scale
development projects or has been conceded to business enterprises. Law 1448 will expire in 2021
and should it continue to be implemented at its current rate, the majority of land claimants will not
be able to return to their lands under this law.

Here too, the EU has an important role to play, contributing to a fair and efficient land tenure
system and to a fair economy. The Free Trade Agreement (FTA) which has been provisionally
applied with Colombia since 2013, will certainly be fundamental in shaping the economy and
society in the coming years, as will the announced of 400 million in loans by the European
Investment Bank.

CCAJAR, OIDHACO and FIDH call on the EU to support local civil society movements in
exercising their right to reparations for the adverse human rights impacts caused by the
implementation of the FTA and the activities of Trans-National Corporations and to engage with the
Colombian authorities on the implementation of the Road Map by the European Parliament in
connection with the adoption of the FTA. 11 The EU and Colombia should offer access to remedy for
violations of human rights resulting from the FTA, and from activities by Trans-National

10 La FIDH saluda avance histrico en el proceso de paz en Colombia, 17 December 2015,

https://www.fidh.org/es/region/americas/colombia/fidh-saluda-avance-historico-en-el-proceso-de-paz
11 European Parliament resolution of 13 June 2012 on the EU trade Agreement with Colombia and Peru (2012/2628(RSP)),
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P7-TA-2012-0249+0+DOC+XML+V0//EN

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Corporations based in or with capital in the EU. Keeping in mind that around 60 indigenous
peoples are currently on the verge of extinction in Colombia, the EU should pritorise monitoring the
principle of free, prior and informed consent by the Colombian state, as established in ILO
Convention 169 on Indigenous and Tribal Peoples and ratified by the country. Finally, the European
Investment Bank loans should be conceived as a contribution to a Marshall Plan for peace and
prioritise creating employment for victims of the war and sustainable development projects.
Attention should also be given to the issue of replacing crops cultivated for illicit use with other
sustainable crops.

To build on the positive outcome of the 2 October referendum, the international community must
show a maximum level of support.

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Recomendations

CCAJAR, OIDHACO and FIDH call on the EU and its Member States to:

Give maximum political support to the conclusion and implementation of the Peace
Agreement

- Continue to show maximum political support for the peace process, notably by announcing
publicly their commitment to supporting the full implementation of the peace Agreement.
The EU must also play an active role in coordinating the political and financial support of
the international community in this regard.

- Fully support the commencement of negotiations between the Colombian government and
the ELN, so that the agenda agreed and presented publicly in Caracas on 31 March 2016
may be implemented and that an Agreement similar to that agreed peace with the FARC
may be reached.

Support a culture of peace through justice

- Support the establishment of the Special Tribunal for Peace foreseen in the Peace
Agreement, in particular the Truth and No-Repetition Commission, the Special Unit for the
Disappeared People in the conflict, and the Unit for the investigation and dismantling of
criminal organisations.

- Complement this by supporting the reformation of the mainstream judicial system to

effectively end impunity for all crimes, including attacks against human rights defenders.

- Support the work of the joint Commission on the Guarantees for No-Repetition composed
of representatives from civil society and the Colombian state with a view to adopting a
comprehensive public policy on dismantling illegal armed groups, on vetting of military
forces, and restructuring Colombias security forces.

- Design an EU strategy to support transitional justice in Colombia, based on the EUs

Transitional Justice Policy Framework and the EUs strategic framework on democracy and
human rights putting victims at the centre of the Transitional Justice model.

Support victims and the civil society, including human rights defenders

- Support the participation of civil society and victims in the design, implementation and
monitoring of the political and financial mechanisms related to the implementation of the
Peace Agreement, in particular on issues such as judicial processes and reparation/land
restitution.

- Step up its political and financial support to HRDs and closely monitor the measures the
Colombian authorities take to further protect them, including conducting effective
investigations on attacks and recognising the importance and legitimacy of their work.

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Ensure that the implementation of the Peace Agreement is monitored

- Support the renewal of the mandate of the OHCHR in Colombia and support, both
politically and financially, a reinforcement of its mandate to cover the comprehensive
monitoring of the implementation of the peace Agreement, in collaboration with civil society.

- Monitor with particular attention the processes of land restitution and land tenure. In
addition to the reparation aspects of the transitional justice process, the EU should support
a thorough redefinition of the Colombian development model (National Development Plan)
so that it may benefit the entire Colombian population. The EU should closely monitor
respect by Colombia of the principle of free, prior and informed consent laid down in ILO
Convention 169 on Indigenous and Tribal Peoples.

Ensure that EU trade and investments initiatives support a balanced society

- Ensure that the European Investment Bank loans provide support for peace, in particular
the employment of victims of the war and ex-combatants and in the creation of sustainable
development projects, and the replacement of the cultivation of crops for illicit use with
sustainable crops.

- Establish a sub-group for Colombia in the EU-Colombia/Peru FTA to monitor the effective
implementation of the Treaty's human rights clause. Ensure access to remedy for possible
human rights violations resulting from the FTA, including for human rights abuses and
environmental damage related to European-based Trans-National Corporations. Support
local civil society movements in their role of monitoring the impacts of the FTA and engage
with the Colombian authorities on the implementation of the Road Map welcomed by the
European Parliament in relation with the adoption of the FTA.

- Promote, in coordination with the UN, a Conference on international cooperation and

investment for peace in Colombia, to design a strategy to be agreed by the Government
and civil society to maximise the effectiveness and scope of the implementation of the
Agreement. Promote and adopt an ethical charter including a monitoring mechanism so
that no decision may be taken that would go against the full implementation of the
Agreement. Such a monitoring mechanism should ensure the participation of victims and
civil society in defining priorities and monitoring their implementation.

***

FIDH (International Federation for Human Rights) is international human rights NGO federating 178 organizations from 120 countries.
Since 1922, FIDH has been defending civil, political, economic, social and cultural rights as set out in the Universal Declaration of
Human Rights.

The Collective Corporation of Lawyers "Jos Alvear Restrepo" - CCAJAR - is a non-governmental non-profit organisation, which
defends human rights in Colombia. It was founded in 1980 and is a member of the FIDH. Its aim is to defend and promote human rights
from a holistic perspective, based on their indivisibility and interdependence of all rights and freedoms, to contribute to the fight against
impunity, and to the construction of a just and equitable society, in the perspective of political, economic, social and cultural inclusion,
and in full respect of the rights of peoples to sovereignty, self-determination, development and peace.

The International Office of Human Rights Action on Colombia-OIDHACO, is a network of 36 European and international organizations
dedicated to conducting advocacy work with EU institutions, Member States, Switzerland, Norway and the United Nations to promote
the rule of law, democracy, full respect for human rights, peace and sustainable development in Colombia.