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JOINT COMMITTEE ON FOREIGN AFFAIRS (Sub-Committee on Human Rights) díospóireacht -
Wednesday, 5 Nov 2003

Vol. 1 No. 36

Human Rights in Colombia: Presentation.

Today we will hear a presentation by the Trocaire partners on the human rights situation in Colombia, and I welcome the delegation made up of Trocaire partners and Colombian NGOs.

The delegation is in Ireland to attend a meeting hosted by Trocaire and the International Human Rights Office, which aims to highlight the serious human rights situation in Colombia within the context of Ireland's forthcoming Presidency of the European Union. As part of the presentation the delegation will submit some recommendations which they would like us to ask the Government to take into account during our Presidency. The presentation may take 15 to 20 minutes, or thereabouts, and members will then have the opportunity of a question and answer session with the delegation.

I wish to point out to the delegation that there are other meetings taking place in the House today and that the Dáil and Seanad are in session, so I apologise for the fact that members of the committee will be coming and going. Unfortunately, that is the way parliamentary business is conducted. I also remind the delegation that while committee members are covered by privilege, the witnesses appearing before the committee are not covered by privilege. I invite Ms Abozaglo from Trocaire to begin her presentation and to introduce the other members of the delegation.

Ms Abozaglo

I thank the committee for this opportunity. Our presentation is brief and will offer some recommendations on Colombia in the context of the forthcoming EU Presidency. The delegation includes members of different organisations. Ms Britta Madsen is the co-ordinator of the International Human Rights Office - Action for Colombia, a platform which gathers around 40 organisations at European level which lobby on Colombian issues. Ms Gloria Florez works for a human rights organisation called Minga in Colombia; Mr. Norberto Rios is the director of Escuela Nacional Sindical, a national trade union school; Mr. Eduardo Carreno is a lawyer and works for Colectivo de Abogados, a human rights organisation; Mr. Neil Jeffery is present instead of Mr. Jorge Rojas, and he is the director of the US Office on Colombia, which works in the American context; and Ms Emma Grant is the co-ordinator of the ABC Colombia Group, a group of British and Irish agencies working on Colombia.

In the public gallery we have Ms Barbara Lindell from Sweden, who works for an NGO called CIVIS; Mr. Shaun Kirven, who works for an international organisation called Peace Brigades International; and Ms Mella Magee, who represents the Amnesty International Irish Section. All of the people present have worked for many years on the serious situation of human rights and peace building in Colombia. We decided this would be a very good opportunity to meet in Dublin and to meet the committee and other officials in order to make some recommendations that the Irish Government should take on board in the context of the Irish Presidency in 2004.

Do all members have a list of the recommendations?

Ms Abozaglo

Ms Madsen will briefly present those recommendations. We suggest that for the questions and answers session we translate for the Colombian delegates who have no English so that they will be able to come on board also.

That is in order as long as MsAbozaglo is not expecting me to do the translation.

Ms Abozaglo

No, we will share the responsibility because some of us are bilingual.

Ms Britta Madsen

I thank the committee for its time and interest. I will briefly go through the recommendations and then make some comments about the political context in Colombia in which we defined these recommendations.

As the committee may know, there was an important intergovernmental meeting on Colombia in July 2003 in London, and one of the major focuses of the Irish Presidency should be to guarantee a follow up to the commitments the Colombian Government signed up to in the declaration published in London. These commitments were to continue the search for a negotiated political solution; to implement the United Nations recommendations on human rights; and to effectively protect human rights defenders, social leaders and trade Unionists. This should be the basis for the Irish strategy towards Colombia.

A very important point is the expression of support for the legitimate work of human rights NGOs. The Council conclusions of December 2002 should be reiterated. They requested that the Government of Colombia respect and support human rights defenders and that those responsible for threats and attacks against NGOs, including civil servants, be investigated and penalised. In this context of attacks and threats against human rights defenders, we would like to make a special comment on the case of Mrs. Esperanza Amaris Miranda, who was murdered by paramilitaries in the city of Barrancabermeja, the seat of the Peace Laboratory supported by the European Union.

The European Union, and especially the Irish Government, should remind the Colombian Government of its obligation to dismantle paramilitary groups; to penalise those responsible for committing crimes and to sever the links between these groups and civil servants, as reiterated by the United Nations. The FARC-EP and the ELN should be urged to immediately and unconditionally free all hostages as a demonstration of goodwill towards a search for a negotiated solution to the conflict.

The European Union should continue to support the search for a political negotiated solution in Colombia, while taking into account that any demobilisation process should respect the principles of truth, justice and reparation to the victims. This is especially important in the context of the demobilisation process with paramilitaries that was recently started by the Government. In this context the Colombian Government should be urged to revise the Bills that the United Nations considers incompatible with international human rights norms, especially a proposal about the reincorporation of members of armed groups, which is very important in the context of the demobilisation of paramilitaries. The United Nations has repeatedly declared that this Bill contradicts international obligations of the Colombian state.

It is very important that the Government of Ireland reaffirms its support for the United Nations High Commissioner's office for human rights in Bogota, and it might also be interesting to recommend to the Irish Government that it renew its economic support for this office because we understand that this support ran out in 2001. It is very important to make the point that the European Union could take a step further during the next session of the UN Commission on Human Rights and recommend to the commission that, apart from the declaration of the President on Colombia, the commission should agree on sending the report to the UN General Assembly in 2004. That would mean that the Colombian Government would be held responsible twice a year rather than once by the UN Commission on Human Rights.

On the political context within which we formulate these recommendations, we have observed a continuous deterioration of the human rights situation in the country. As the committee might know, the United Nations has repeatedly stated its concern, and we remind the committee especially that Mary Robinson, while she was still UN High Commissioner for Human Rights, wrote a letter to President Uribe just three weeks after he entered office to express her serious concern about several security policy measures proposed by the Colombian Government. She was especially concerned with measures pretending to involve the civilian population further in the conflict, such as the informants networks and peasant soldiers.

Mary Robinson was deeply concerned about this and mentioned it to President Uribe at a very early stage, but the Government did not take this very seriously and proceeded with its strategy. The foreign affairs ministry in Colombia today informed us that it has already recruited 1,600,000 informants. That means that there are 1,600,000 more civilians involved in the conflict. The Government has also ignored the concept and the comments issued by the UN High Commissioner's office on the draft Bill on the reincorporation of members of armed groups. The UN office has repeatedly stated that this draft Bill opens the door to impunity in the process with paramilitaries. It is very important to insist that the Colombian Government revises the draft Bill.

We were very concerned about recent declarations of President Uribe attacking human rights defenders, basically with the intention of discrediting their work. There was a very strong international reaction but he repeated his accusation on several occasions, which we consider very serious. As the assassinations of human rights defenders have shown, the declarations of the president had very serious consequences.

A positive development was the high voter abstention in the referendum and the results of the municipal and departmental elections which took place on 25 and 26 October. My Colombian colleagues will explain in detail the impact of the results of these elections because they changed the political environment in Colombia a great deal.

We will open up the meeting to my parliamentary colleagues. I am sure some of the questions they will raise may have to be answered by some of Ms Madsen's colleagues, and all of the witnesses are welcome to join in the dialogue.

I will ask one question initially about which I have had some correspondence in my office. I would like to hear from Mr. Norberto Rios or somebody on the position of trade Unionists. There are several campaigns in New York and elsewhere aimed specifically at what is taking place regarding Coca Cola plants in Colombia. I want to deal with that issue very specifically. I am interested in the use of private forces to assassinate trade union activists and leaders.

In previous presentations on Colombia we have not had time to deal with the detail, and I am interested in hearing from any member of the delegation about exactly what the position is regarding the right to organise and the use of assassination squads by multinational corporations to murder trade union activists.

Mr. Norberto Rios

I will talk about the situation of both members and leaders of trade unions. The situation is dramatic, and in the past 11 years more than 2,000 trade union activists or leaders were assassinated. Some 350 of these were union leaders, and 30 union leaders per year have been assassinated in the last 11 years. In the years 1991 and 1992 the average number was raised, with 60 union leaders killed in both of those years.

To be fair, the number of assassinations has decreased significantly in the past year. However, the right to organise and be part of a trade union organisation and the right to exercise the leadership of a trade union is very restricted. Two main factors act against the free exercise of the right to organise. The first is a deep culture of opposition to trade unions by businessmen and the second is the existence of armed groups, especially paramilitaries. According to our statistics 80% of the assassinations of trade union leaders are committed by paramilitary groups. Labour conflict has been resolved by interventions by armed groups, and it is very common to see business people actually going to paramilitary groups to solve certain situations or problems with the trade union movement, even if the conflict is between civil servants and workers. Even public institutions are using these methods and actually calling paramilitary groups to help them to solve the problems in their favour. On the situation of multinationals and assassinations of trade union leaders, the case of Coca Cola is the most outstanding. Trade union leaders there have been killed.

I thank Mr. Rios very much for his comprehensive yet depressing answer.

I very briefly raise the issue of the recent local elections and the suggestion that they signify an important change in the political environment. I ask the delegation for a very brief thumb nail guide to the local elections and why they are considered so relevant and important.

Ms Gloria Florez

I thank the committee for receiving us. On the recent elections, civil society feels they have given a great deal of hope, with the Colombian people massively rejecting the referendum. The main contents of the referendum proposals were to reform the constitution in a very negative way. This related not just to political freedoms but also to economic, social and cultural rights.

This gives us a great deal of hope because the decision of the people to reject the referendum seems to consolidate the democratic position in the country. However, the Government will try to put through other political reforms which are damaging for human rights in Colombia. One of these is the anti-terrorist statute being put through which would confer police powers onto the military, despite the fact that this goes against many recommendations, including those of the United Nations. It also goes against the London Declaration of 10 July 2003 that was signed up to by 24 governments, in which the Colombian Government committed to implementation of the UN recommendations. This suggests that the Colombian Government is showing continual refusal to comply with the recommendations of the UN High Commissioner on Human Rights or of the 24 Governments who signed up to the London Declaration.

As well as refusing to comply with these recommendations, the Colombian Government has continued to carry out attacks against human rights organisations and trade unions. There has been no real progress towards breaking the links between paramilitary groups and the armed forces, despite the fact that civil society has continued to insist on the Colombian Government complying with these recommendations. The Government has said that the recommendations are not compulsory and that national sovereignty is more important than the international recommendations.

Municipal and departmental elections took place the day after the referendum, and they showed a very important level of democratic awareness amongst the Colombian people. Many of the principal cities of the country elected candidates from the Polo Democrático, a new political party on the left, and also from the liberal sector. We are talking about the main cities, including Bogota where Lucio Garcon, a former union leader, was elected and also the other main cities of Barranquilla, Cali and Cartagena and others. Interestingly, in Barrancabermeja, which is now a stronghold of paramilitary forces, a candidate was also elected from the Polo Democrático. This sends a strong message, not only to the armed activists but also to the President, Alvaro Uribe Vélez.

The message is that the people want to see a deepening of democracy and a move towards peace and not war. These elections open up a path to peace and it is very important that we work to protect the elected candidates so that they are not assassinated as has happened in the past in Colombia.

To report progress from this meeting, I propose that we recommend the set of proposals that has been put to us to the Department of Foreign Affairs and the Government as matters to be given priority during the Irish EU Presidency.

I second that.

That is agreed. I thank the delegation for its attendance. We could go on for some time on this matter but because of the various committees in session it is difficult to get sufficient time. I hope Deputy Michael Higgin's proposal, agreed by this meeting, is of some help. We will transmit the list of recommendations to Government asking it to take them on board and utilise the Irish EU Presidency to force the issue onto the agenda. I hope the meeting was useful. I know the delegation has a busy two days ahead and I wish it well in its deliberations and hope it has a successful visit.

As a number of members of the committee deal with human rights, including with the lawyer's organisation Colectivo de Abogados, I suggest that in addition to recommending a strategy for the Irish EU Presidency we go beyond it and ask the Department of Foreign Affairs to provide us with an ongoing report on the trade union murders in particular, and the human rights breaches in Colombia. We hear about Colombia when dealing with, for example, the trial of the three Irish people arrested there but we rarely hear of human rights issues when talking about plan Colombia. I suggest that in addition to agreeing this as a priority for our EU Presidency, we should ask the Government for an ongoing update on the human rights situation and to make regular contact with the Colombian Government particularly with regard to the assassinations and the attacks that have taken place in the past year or two on human rights activists.

I have no difficulty with that.

I fully support that. It would be very useful.

We will keep the issue before the committee.

Ms Abozaglo

I wish to thank the committee for its interest and its time. The committee has always been supportive of us. We hope that we will get something done when the Irish take over the EU Presidency next year.

The sub-committee went into private session at 12.46 p.m. and adjourned at 12.55 p.m. sine die.

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