Human Rights Committee

Concluding observations on the seventh periodic report of Colombia *

1.The Committee considered the seventh periodic report of Colombia (CCPR/C/COL/7) at its 3313th and 3314th meetings (see CCPR/C/SR.3313 and 3314), held on 19 and 20 October 2016. At its 3330th meeting, held on 1 November 2016, it adopted the present concluding observations.

A.Introduction

2.The Committee welcomes the submission of the seventh periodic report of Colombia and the information presented therein. It expresses appreciation for the opportunity to renew its constructive dialogue with the State party’s delegation on the measures taken during the reporting period to implement the provisions of the Covenant. The Committee is grateful to the State party for its written replies (CCPR/C/COL/Q/7/Add.1) to the list of issues (CCPR/C/COL/Q/7), which were supplemented by the oral responses provided by the delegation and additional information provided in writing.

B.Positive aspects

3.The Committee welcomes the numerous legislative and institutional measures taken by the State party during the reporting period in the area of civil and political rights, including the adoption of:

(a)Decree No. 1036 of 2016, on the adoption of the National Strategy to Combat Trafficking in Persons 2016-2018;

(b)Act No. 1761 of 2015, which, among other provisions, makes femicide a separate criminal offence;

(c)Act No. 1719 of 2014, which provides for, inter alia, the adoption of measures to ensure access to justice for victims of sexual violence, particularly sexual violence during armed conflict;

(d)The National Strategy for Guaranteeing Human Rights 2014-2034;

(e)Statutory Act No. 1618 of 2013, which sets out the provisions to ensure that persons with disabilities fully enjoy their rights;

(f)Act No. 1448 of 2011, which, among other provisions, lays down measures for the provision of support, assistance and comprehensive redress to the victims of the internal armed conflict, and Decrees Nos. 4633, 4634 and 4635 of 2011;

(g)Act No. 1482 of 2011, as amended by Act No. 1752 of 2015, which introduces criminal sanctions for discriminatory acts;

(h)Decree No. 4912 of 2011, organizing the Programme for Prevention and Protection of the rights to life, liberty, integrity and security of persons, groups and communities of the Ministry of the Interior and the National Protection Unit, as amended by Decree No. 1066 of 2015;

(i)Decree No. 4100 of 2011, which provides for, inter alia, the creation and organization of the National Human Rights and International Humanitarian Law System, as amended by Decree No. 1216 of 2016, which regulates matters related to the National System and the InterSectoral Human Rights and International Humanitarian Law Commission;

(j)Act No. 1408 of 2010, which commemorates the victims of enforced disappearance and lays down measures to locate and identify them, and Regulatory Decree No. 303 of 2015.

4.The Committee welcomes the ratification by the State party of the following international instruments:

(a)The International Convention for the Protection of All Persons from Enforced Disappearance, on 11 July 2012;

(b)The Convention on the Rights of Persons with Disabilities, on 10 May 2011.

5.The Committee again welcomes the extensive references to international human rights standards, including the Covenant, in the jurisprudence of the Constitutional Court.

C.Principal matters of concern and recommendations

Implementation of the Views of the Committee under the Optional Protocol to the Covenant

6.The Committee notes that eight decisions have been issued in accordance with Act No. 288 of 1996 to grant compensation in favour of victims of violations who were the subject of the Committee’s Views and that the payment of compensation been ordered in respect of four of those decisions. It also notes the adoption of Decree No. 507 of 2016 to facilitate the payment of the compensation provided for under Act No. 288 of 1996. However, it notes with concern that the Views in which it found a violation of the Covenant have not yet all been fully implemented (see CCPR/C/116/3, annex) (art. 2).

7. The State party should take the measures necessary to implement fully the Views that have not yet been implemented in which the Committee found a violation of the Covenant, so as to guarantee an effective remedy when there has been a violation, in accordance with article 2 (3) of the Covenant.

Internal armed conflict

8.Although the Committee notes that peace negotiations with the Revolutionary Armed Forces of Colombia — People’s Army (FARC-EP) have led to a considerable reduction in the impact of the armed conflict on the civilian population, it is concerned by reports that violations of Covenant rights, including the arbitrary deprivation of life, enforced disappearances and torture, continued to be committed during the period under review. The Committee finds it regrettable that it has not received sufficient information on the steps taken in response to the early warnings issued by the Inter-Agency Early Warning Committee during the reporting period or on their effectiveness in preventing serious human rights violations (arts. 2, 6, 7, 9 and 12).

9. The State party should continue and intensify its efforts to prevent violations of Covenant rights and to give effect to the rights of victims of the armed conflict to truth, justice and full reparation. It