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Calle 19 No. 4-88 Oficina 1302 Bogotá D.C. – Colombia.
                            Tel: (051) 3804380 / www.somosdefensores.org
                                     prensa@somosdefensores.org
                                                   2012

The Non-governmental program for the Protection of Human Rights defenders – We are Defenders, is
a protection space that looks to develop an integral proposal to prevent attacks against and protect the
 lives of those who run risks for their work as human rights defenders, as well as those who represent
           the interests of social groups and communities affected by the violence in Colombia.
                The We are Defenders programs is made up of the following organizations:




  This document was written by the We are Defenders Program, with collaborations from the MINGA
                                           Association

                                        Design, Layout and Printing
                                             Factoría Gráfica

                                  Editorial and Publication Coordination
                                             Carlos A. Guevara

                                               Investigation
                                              Astrid Suarez
                                            Carlos A. Guevara
                                           Gustavo Adolfo Ulcué

                                         Geographic Referencing
                                          Carlos Alberto Zúñiga

                                         Cover – XXXXXXXXXXX

 The contents of this bulletin is of the responsibility of its authors and does not necessarily represent the
organizations and institutions that have supported it. This is a pedagological and cultural documental, and
  therefore its distribution is free. It can be photocopied and reproduced as long as the source is always
 cited. The printing of this report is possible thanks to resources from the European Union and Diakonia
  from Sweden, through the project No. EIDHR/2010/226-579, titled, “Strengthening of the Guarantees
for the Exercise of the Rights to Freedom of Thought, Expression and Peaceful Assembly of Civil Society
                    Organizations, Human Rights Defenders and the Media in Colombia.”




The We are Defenders Program was financed in 2011 by the Norwegian Embassy, and the International Cooperation
                                  Agencies MISEREOR and FASTENOPHER.

                                       Information System on Attacks against Human Rights Defenders   1
2   CHIAROSCURO: Annual Report 2011
Presentation
2011 was a year of contrasts. At the beginning of the year, the Colom-
bian government created great expectations in the country, especially
in the political, human rights and social sectors, with its tone of concilia-
tion and inclusive political thought. Additionally, towards the end of the
year, a new and robust normative package reorganized the executive to
respond to the challenge of integrally protecting social leaders, human
rights defenders, journalists, unionists, victims and other persons at risk.

But in contrast with these initially positive institutional transformations,
human rights work in Colombia gave signs of being even more perse-
cuted and attacked than in previous years, accompanied by an evident
tendency of leaders and defenders to increasingly denounce attacks.

The push for the political guarantees for the work of human rights de-
fenders, the Victims’ Law, the restitution of land, the Law of Citizen
Security, the dismantling of the DAS and the judicial processes against
those responsible for illegal wiretapping, the discussions about military
jurisdiction, the almost unstoppable advance of the mining locomotive
and the new stigmatizations against social and human rights organiza-
tions by high government officials, all were part of the national scene
which human rights defenders faced in order to make their rights, and
those of their communities, respected.

Added to this of course is the internal armed conflict that has been wor-
sening, due to the military offensive against the insurgency which re-
sulted in the deaths of some of its highest military and political bosses,
accompanied by a paramilitary rearming that is only getting stronger
and in some zones of the country is practically out of control. The go-
vernment continues to qualify this rearming as ‘isolated violence’ from
criminal bands – BACRIM for short in Spanish – associated to drug tra-
fficking.

                              Information System on Attacks against Human Rights Defenders   3
In short, for human rights defenders 2011 was a contradictory year. The-
refore this annual report for the year 2011 from the Information System
of Aggressions against Human Rights Defenders – ISAAHRD – from the
We are Defenders program, looks to give a complementary look at the
national scene, which will allow different groups inside and outside Co-
lombia to have some elements to evaluate just how true the changes in
our country regarding human rights and their defenders are.

Just as a preview to what this report will divulge, human rights defenders
were the victims of an overwhelming violence in 2011: 49 were assassi-
nated. While in Bogotá norms were discussed and put in place, the re-
gions bleed because of the assassinations, threats, arbitrary detentions,
attacks and disappearances against defenders.

This cruel reality forces us to ask the public, are we doing enough to
protect those who defend our human rights? Where is the prosperity for
human rights defenders in Colombia?

At this moment, we would like to the agencies, organizations and in-
ternational delegations that directly or indirectly support our work in
protection and communication in 2011.

Our most sincere thanks go to the Norwegian Embassy, the German
international cooperation agency MISEREOR, FASTENOPHER, Amnesty
International, Terre des Hommes - Schweiz, Protection Desk Colombia
– PD COL1, the International and National Campaign “For the Right to De-
fend Human Rights in Colombia”, Diakonia Sweden, Oxfam, the human
rights, peace and development platforms in Colombia, MOVICE, DIAL,
the Colombian Commission of Jurists, Benposta Boys’ Nation and espe-
cially the Asociación MINGA.

Lastly, we would like to thank CINEP/PPP and their data base for the te-
chnical assistance that they have given us since the creation of our in-
formation system at We are Defenders, which was extended throughout
all of 2011.




1
  This Protection Table in Colombia, created in 2009, is the fruit of an alliance between Social Action and Thinking (Colombia) and Protection
International (Brussels).


  4      CHIAROSCURO: Annual Report 2011
CHIAROSCURO:
Politics and the Protection of Hu-       recognized the work of human
man Rights Defenders in 2011             rights defenders.

Last year was one of changes, but    The passing of the Victims’ law,
not sufficient enough to be able to  as well as the public declarations
integrally protect the lives of the  from the Ministers of the Interior
men and women who defend hu-         and of Agriculture who expressed
man rights in Colombia.              their decision to respect and pro-
                                     tect victims who were looking to
Spaces like the National Table of get their land back, represented
Guarantees, where the gover- a different position compared to
nment and representatives of that of the previous national go-
social and human rights organi- vernment. In departments such as
zations have been in discussions Nariño and Santander, the gover-
since 2010 about the physical and nors sent out positive institutional
political security of human rights messages regarding the role of de-
defenders, have advanced but not fenders in society.
at the rhythm desired. Both the
government and civil society or- These public demonstrations led
ganizations have centered their at- one to think that the relationship
tention on the search for political was going down a good road and
guarantees using this table to dis- that real respect, justice, and pro-
cuss critical issues such as preven- tection would go from words to
tion, investigation and protection. reality.

In a preliminary balance on this         But the murder of social leader Ana
process carried out in May 2011,         Fabricia Córdoba and the attacks
the change of national govern-           against more than 100 defenders
ment had had favorable effects as        in the first six months of the year
national level government officials      arose doubts in the usefulness of
and some regional ones as well had       the process.

                            Information System on Attacks against Human Rights Defenders   5
Therefore in June the dialogue was     defenders. While at the same time,
suspended until concrete means to      exhaustive investigations based
guarantee the legitimate exercise      on testimonies from demobilized
of human rights defense were in        fighters and military intelligence,
place.                                 such as those being carried out
                                       against defenders David Rave-
Although in order to reinitiate the    lo Crespo from the organization
dialogues the government im-           CREDHOS and Winston Gallego
plemented in August 2011 a new         Pamplona from the Corporation
strategy (carrying out 14 regional     Sumapaz, Carmelo Agamez from
committees to evaluate risks for       MOVICE, and Principe Gabriel Gon-
defenders – RCERs - in the parti-      zales from the Committee for So-
cipating regions in the National       lidarity with Political Prisoners, just
Process of Guarantees, which was       to cite a few, continue advancing.
accepted by civil society), in es-
sence the difficulties remained: the These situations, amongst others,
guarantees are still being avoided. are just a few of those that have
Let’s see why:                         not allowed the Guarantee process
                                       to have the desired results and
- The official declarations after 2011 show that human rights defenders
have been the responsibility of mi- in Colombia continue to be expo-
nister Germán Vargas Lleras who sed to situations of extreme risk.
in the reactivation of the process
of guarantees carried out in Cauca, The statistics in this report are just
and in two RCERs, one in Barran- an example of this dangerous rea-
quilla and another Bogotá, recog- lity.
nized the work of human rights
defenders and social leaders and Wave of Stigmatizations
warned local officials of the res-
ponsibility to protect that corres- Yet again, the reappearance of stig-
ponds to them. We see these kinds matizing statements coming from
of statements very positively.         high public officials against natio-
                                       nal and international organizations
- Nevertheless, the process conti- that both defend human rights and
nues to have numerous problems, support the reparation and land
such as the fact that the Public restitution processes for victims,
Prosecutors office has not given strained and made the work of hu-
any response regarding investi- man rights defenders in 2011 more
gations being carried out into the difficult at least on a political level,
aggressions against human rights

 6   CHIAROSCURO: Annual Report 2011
Such is the case of the José Al-                                   This perspective has been consoli-
vear Restrepo Lawyers Collective                                   dated with the creation of the new
and the public accusations against                                 Agency for the Judicial Defense of
them for supposedly presenting                                     the Nation.
false victims during the internatio-
nal process against the Colombian                                  The agency will allow the Colom-
State for the massacre of Mapiri-                                  bian state to confront more than
pán, Meta, which was carried out                                   260,000 judicial processes whose
by paramilitaries with the support                                 economic pretensions total more
from the Army, for which the Sta-                                  than 500 billion USD2.
te was condemned.
                                      It is worth remembering that va-
Another case was the alleged false rious of these lawsuits were filed
displacement of peasants from the by human rights organizations in
Las Pavas farm who currently are representation of the victims of
demanding their land back.            grave human rights violations and
                                      violations of International Huma-
In these two cases, the action of nitarian Law.
human rights defenders were dele-
gitimized as they were pointed to Although the State has the right to
as having made ‘businesses’ based protect national finances, it also is
on lies, which then caused a pu- a state responsibility to respond to
blic stigmatization of victims who the failures in terms of protection
were demanding their rights be as a result of its omissions.
respected, because they all were
‘robbing the State of its finances.’ Therefore, the action of this new
                                      agency should be observed by hu-
This situation, which was thought man rights organizations.
to be overcome due to the tone of
the new government, opened the Investigations against the DAS
door for political and armed actors
from the extreme right to consi- In a different vein, in 2011, impor-
der as unviable the government tant investigations were carried
policies such as the Victims’ law out by the Colombian justice sys-
and land restitution, and to give su- tem against ex officials from the
pport to new attacks against social previous government, who were
and human rights organizations.       presumably responsible for illegal
                                      wire-tapping carried out by the

2
    http://www.semana.com/nacion/nueva-agencia-gobierno-enfrentara-demandas-estado/166803-3.aspx


                                                    Information System on Attacks against Human Rights Defenders   7
DAS, and of which various human        judicial officials, journalists and
rights defenders were victims.         human rights defenders, recent
                                       reports and international visits to
Cases like the sentencing to 25        Colombia show how this form of
years of the former director of the    persecution may be continuing:
DAS, Jorge Noguera, for collabo-
ration with paramilitaries and his   “Non-governmental          organiza-
participation in the murder of pro-  tions mention the expedition of a
fessor and human rights defender     new intelligence law, Law 263 of
Alfredo Correa de Andreis and also   2011, whose principle content has
the ex secretary of the President’s  to do with the mechanisms for the
office, Bernardo Moreno, who is in   advancement of the correction,
jail for the investigation being ca- updating and removal of data
rried out against him for his par-   process in each one of the inte-
ticipation in illegal wire-taps, are lligence organisms; procedures
both examples of these judicial      for the creation and passing of
processes.                           reports to the organisms that ca-
                                     rry out intelligence and counter-
Additionally another case is that of intelligence activities; the creation
an ex director of the DAS, María del of an commission of assessment
Pilar Hurtado, who is currently in for the depuration of intelligen-
Panamá after being granted asylum ce databases and archives which
and was asked for in extradition by would set the criteria for the put-
the Colombian justice system, so ting in march of a system for the
that she respond to the charges of depuration of intelligence and
grave accessory to criminal activi- counterintelligence databases and
ty, abuse of public position, grave archives.
violation in communications, and
ideological falsehood in a public According to the opinion of the
document, for which she is char- human rights organizations inter-
ged as a coauthor.                   viewed, this new law has no real
                                     substantial variations compared
Hurtado completes the barrage of to the previous law, but on the
officials investigated for carrying contrary, it has elements that are
out illegal wire-taps under the Uri- even less favorable such as the in-
be government.                       crease in the time in reserve, the
                                     weakening of the mechanisms of
Nevertheless, despite the investi- control and the limitations on the
gations against those who illegally mechanisms of guarantees.
intercepted communications from

 8   CHIAROSCURO: Annual Report 2011
The commission proposed for the ties and that there has been no ad-
depuration of archives is transi- vances in finding and trying those
tory and only can formulate re- responsible.”4
commendations.”3
                                      The political situation for the exer-
In the same vein, it is important to cise of human rights in Colombia
remember the findings of the Inter- can be catalogued as a ‘chiaroscu-
national Mission for the Verification ro,’ difficultly navigating between
of the Situation of Human Rights the institutional attempts at dia-
Defense in Colombia, carried out logue with civil society and cons-
in November 2011 by 40 human tructing a public policy for protec-
rights defenders from 15 countries tion, and a growing stigmatization
all over the world, who stated after that originates from high public
following the case of the wire-taps officials as well as the wave of vio-
pointed out, “The reports that we lence against men and women who
have received consistently, recently daily and almost anonymously risk
and in all of the regions visited their lives to defend their rights
about the robbery of computers and those of their communities.
and other information systems re-
garding cases and work of human The challenge of integral protec-
rights defenders worry us.            tion is path filled with obstacles,
                                      and we just hope that the so much
We have learned as well during our promised ‘prosperity’ for the de-
visits to the regions that these ca- fense of human rights in Colombia
ses are systematically labeled as does not continue to arrive too
normal ‘robbery’ by the authori- late.




3
  Human Rights Defenders in Colombia: How is the Government protecting their rights? International Service For Human Rigths. http://www.
ishr.ch/council/376-council/1244-ishr-launches-report-on-human-rights-defenders-in-colombia
4
  Informe Preliminar - Misión Internacional de Verificación sobre la Situación de la Defensa de los DH en Colombia. Campaña Nacional e Interna-
cional “Por el derecho a defender los derechos humanos en Colombia” http://www.colombiadefensores.org/noticias/item.asp?n=14256


                                                        Information System on Attacks against Human Rights Defenders                      9
New Normative
View of Protection
in Colombia
As was mentioned earlier in this        and territorial level to promote the
annual report, 2011 was a year of       respect and guarantee of human
changes, especially in the norms,       rights and the application of Inter-
decrees and laws that control the       national Humanitarian Law.
way in which the Colombian go-
vernment protects social leaders,       Additionally, the government
human rights defenders, unionists,      created the National Unit of Pro-
journalists and other persons in        tection – UNP in Spanish – through
risk of attacks due to their work       the decree 4065 of 2011.
for peace, human rights and their
sacred constitutional rights.           This is a special administrative unit
                                        on the national level whose objec-
Last year the national government       tive is “to articulate, coordinate
under responsibility of the Mi-         and execute the service of protec-
nister of the Interior created and      tion to those whom the national
organized the National System of        government determines by virtue
Human Rights and International          of their activities, conditions or
Humanitarian Law, and modified          political, public, social, humanita-
the Inter-sector Commission of          rian, cultural, ethnic, gender, as
Human Rights and International          victim of violence, displaced or
Humanitarian Law through Decree         human rights defender status is in
4100 of 2011.                           a situation of extraordinary or ex-
                                        treme risk of suffering an attack
With this decree the government         against their life, integrity, liberty
procured the articulation of gui-       and/or personal security or due to
delines on measures for the pre-        the exercise of a public position or
vention, attention, assistance and      other activities that can generate
integral reparation of the victims      extraordinary risk, such as being a
of the internal armed conflict, and     union leader, working for an NGO,
also looks to coordinate the norms,     or with or for displaced persons,
policies and entities on a national     and to guarantee the opportuni-

 10   CHIAROSCURO: Annual Report 2011
ty, efficiency and suitability of the - It has five basic parts: Strategies,
measures granted.”5                   Measures, Responsibilities, Proce-
                                      dures and Commitments.
The programs of the Public Pro-
secutors Office, the Attorney - The UNP assumes protective res-
General’s Office and the Program ponsibilities that were once under
of Protection for Victims and Wit- jurisdiction of the now dismantled
nesses of the Justice and Peace Law DAS, but will also receive at least
are not included from the field of 600 ex DAS officials, which is wo-
application of the UNP.               rrying due to the well-known his-
                                      tories of these officials.
With the UNP created, and through
the decree 4912 of 2011, the “Pre- - The decree fuses the mechanisms
vention and Protection of the of protection for public officials
rights to life, liberty, integrated and other groups in possible risk,
and security of persons, groups under the tutelage of the UNP.
and communities of the Ministry
of the Interior and the National - The decree establishes two kinds
Protection Unit” Program was or- of measures: prevention and pro-
ganized.                              tection, depending on the level of
                                      risk, and includes preventive and
This new decree abolished its protective actions for communi-
predecessors (1740 and 3375 of ties in risk as well.
2010), which determined the mea-
sures of protection for persons in The preventive measures inclu-
risk. With decree 4912, the UNP, de the elaboration of contingency
ascribed to the Ministry of the In- plans, self-protection courses, pa-
terior, will be in charge of carrying trols, and police magazines.
out the risk evaluations that only
the National Police previously did. The protective measures include
This job will be in the hands of the protection plans with bodyguards,
Risk Evaluation and Measures Re- physical resources such as bulle-
commendations Committee – RE- tproof vests, mobilization me-
MRC - supported by a Preliminary thods and support for temporary
Valuation Group.                      relocations.

In general, we can highlight from - Clearer and more direct respon-
Decree 4912 of 2011 the following: sibilities are established for local
                                   and regional authorities in terms
5
    Minister of the Interior. Decree 4065 of 2011


                                                    Information System on Attacks against Human Rights Defenders   11
of protection. The creation of de-      se cases. It also must monitor the
partmental protection units that        measures implemented.
look to contribute to the decen-
tralization of the effective respon-    These functions were previously
se from the State in terms of pro-      part of the protection team of the
tection.                                Ministry of the Interior’s Human
                                        Rights Office.
- The decree allows for the possi-
bility of hiring private companies      - Psychological assistance will be
at the same time that public ser-       provided when the persons who
vices are received, but that these      need protection required it.
companies must operate within
the schematics that will be laid out    - In the risk evaluation, reports by
under the Ministry of the Interior,     social and human rights organiza-
even though in reality they were        tions will be taken into account as
just transferred from the old DAS.      supports to assess risk.

- The decree creates a protection       - The risk evaluation reports will
sub-direction in charge of execu-       be presented to the REMRC for the
ting the protective measures in co-     adoption of the protective measu-
ordination with the National Police.    res.

This means that the agreements          For now the REMRC is maintained
with private companies to have          as well as the representation of the
mobile bodyguards are over. Star-       beneficiary organizations.
ting January 1, 2012 a group of bo-
dyguards connected directly to the      Other Norms
UNP will be in charge of this pro-
tective work                        Although it was not put into place
                                    in 2011, it is important to highlight
- New functions to analyze the risk Directive 12 from the Public Prose-
not only to persons but to com- cutors Office, whose objective is to
munities, organizations, groups establish directives for public offi-
and territories are assigned to the cials with the goal that in the exer-
UNP.                                cise of their functions, they gua-
                                    rantee the right of human rights
The Unit will have to support pre- defenders to carry out their work.
ventive actions that the Ministry
of the Interior carries out as well On the other hand, the Ministry
as other competent entities in the- of Agriculture and Rural Develo-

 12   CHIAROSCURO: Annual Report 2011
pment, under the Victims’ Law              committed to finding the truth, as
(Law 1448 of 2011), issued the             well as more objective, impartial
Ministerial Directive 01 of 2011,          and respectful of due process, wi-
through which the Ministry esta-           thout stigmatizing the work of hu-
blished guidelines for the cases of        man rights defenders.
those demanding their land be re-
turned to them who are at risk and    At a first glance, looking at the large
threatened due to the exponential     normative package created by the
increase of murders and threats       Colombian government regarding
against leaders demanding their       protection, one would think that
lands be returned to them.            the situation of aggression against
                                      human rights defenders would be
Finally, the National Public decreasing, or that the work of
Prosecutor’s Direction emitted protection by the State would be
Memo No. 30 of 2011, with which much stronger, which would be
the Direction determines the ‘in- reflected in lives saved, and threats
vestigative strategies in the cases against and the uprooting of hu-
carried out against human rights man rights defenders avoided.
defenders.” The document looks
to create better practices with re- Nevertheless, the reality in the re-
gards to judicial operations in order gions outside of Bogotá is exactly
that the investigations are more the opposite.




                              Information System on Attacks against Human Rights Defenders   13
14   CHIAROSCURO: Annual Report 2011
Annual Report 2011
                                Information System on Attacks against
                                  Human Rights Defenders – ISAAHRD

According to the registry of the                                        of aggressions as well as 116 social
Information System on Attacks                                           and human rights organizations
against Human Rights Defenders                                          were victims of some type of ag-
– ISAAHRD – from the non-gover-                                         gression that put the lives of their
nmental program for the defense                                         members in risk and created obs-
of human rights defenders We are                                        tacles to their legitimate and legal
Defenders,6 during 2011, 239 hu-                                        work of defending human rights in
man rights defenders were victims                                       Colombia.

6
 This System registers information directly known of by the We are Defenders Program and uses as a direct source the social organizations
and NGOs that report cases to the program.


                                                       Information System on Attacks against Human Rights Defenders                    15
INDIVIDUAL
AGGRESSIONS
The We are Defenders program has        When we refer to the statistics of
registered with extreme worry an        aggression per month, we see that
increase of 36% in individual attacks   the highest number of cases registe-
against human rights defenders          red occurred in February 2011 with
compared to 2010. Between January       54 cases, or 23% and in March with
and December 2010, the Informa-         32 cases, for a total of 13%. Novem-
tion System reported 174 defenders      ber is next with 24 cases (10%), June
attacked; in the same period in 2011,   and July with 22 each (9%) and Dec-
there were 239 cases.                   ember with 21 cases for 8%.




 16   CHIAROSCURO: Annual Report 2011
It is just in this context of increa-                           Colombia in November to witness
sing attacks against human rights                               in the field the conditions of defen-
defenders and social leaders that                               ding human rights in eight regions
the groups involved in the human                                in the country.
rights, peace and democracy pla-
tforms decided to suspend in the      This international verification mis-
National Table of Guarantees in       sion was composed of 40 defen-
June because it did not make sen-     ders from 15 countries, amongst
se that even though there were        them representatives, jurists and
permanent dialogues between ci-       human rights activists, all invited
vil society, national government      by the National and International
and international accompaniment       Campaign for the Right to Defend
groups, the situation continued to    Human Rights in Colombia, with
get worse.                            the intention of monitoring the
                                      report from the special delegate
“Defenders, indigenous and vic- on the situation of human rights
tims leaders, and those who defenders of the UN.
lead processes of land restitu-
tion were those most attacked in The mission, after dozens of inter-
2011.”                                views with leaders, defenders, and
                                      local, regional and national autho-
International organizations like rities concluded in its preliminary
Washington Office on Latin Ameri- report8:
ca (WOLA), Latin America Working
Group, Center for Justice and In- - The attacks against defenders
ternational Law, Center for Inter- continue to remain in impunity.
national Policy in the United States
y Amnesty International in Europe - The protection that leaders and
have stated that the threats, assas- defenders receive is inadequate.
sinations and attacks continue in
Colombia against those who de- - The stigmatizations continue
fend human rights.7                   against those who defend human
                                      rights.
In the second half of the year, and
as a result of the critical situation - There is evidence that state inte-
during the first half of the year, an lligence organisms continue to be
international commission visited used against defenders.

7
  http://www.wola.org/es/noticias/defensores_colombianos_de_derechos_humanos_siguen_sufriendo_amenazas_ataques_acoso_y_es-
cuch
http://www.es.amnesty.org/actua/acciones/colombia-defensores-amenaza-muerte/
8
  http://www.colombiadefensores.org/noticias/item.asp?n=14256


                                                 Information System on Attacks against Human Rights Defenders           17
- The legal persecution of defenders as well as the annual reports by
is a mechanism that continues to be Front Line Defenders10 and Human
implemented to mitigate their work. Rights Watch.11

Many of these findings were con-                                        With regards to attacks by gender,
firmed as well by the report pu-                                        of the 237 attacks in 2011, 77%
blished by the International Service                                    were against men and 23% against
for Human Rights in January 20129                                       women.




When looking at the historic trends  The information registered in
of the statistics of attacks registe-2011 shows seven types of attacks
red by the ISAAHRD, we can see       against defenders in Colombia:
that in the last three years, the    assassination, threats, physical
attacks reported are more than in    attacks, arbitrary detentions, for-
the 2002 – 2008 period.              ces disappearances, the arbitrary
                                     use of the legal system and inju-
This increase, under analysis by ries.
the We are Defenders Program,
may be attributed to a better pos- Of the attacks registered in 2011,
sibilities of denunciation by social 59% were threats, 20% assassi-
and human rights organizations, as nations, 10% arbitrary detentions,
well as the gradual consolidation of 7% physical attacks, 3% forced
information that in previous years disappearances, and 1% for both
was very difficult to obtain due to other injuries and the arbitrary use
the high levels of violence and the of the legal system.
fear that leaders and defenders
from the regions suffered, which Compared to 2010, the program
lead to a fear of denunciations due points to the cases of extreme
to reprisals.                        worry that the increase of threats
                                     (109 to 140), assassinations (32 to

9
     http://www.ishr.ch/council/376-council/1244-ishr-launches-report-on-human-rights-defenders-in-colombia
10
      http://www.frontlinedefenders.org/es
11
     http://www.hrw.org/es/world-report-2012/colombia


      18    CHIAROSCURO: Annual Report 2011
49), arbitrary detentions (11 to 23)      “On average in 2011, a human
and the reappearance of forced di-        rights defender was attacked
sappearances represent.                   every 36 hours in Colombia”




                             Information System on Attacks against Human Rights Defenders   19
Assassination of human rights de-   crossed the limit. According to the
fenders                             ISAAHRD, 49 social leaders and hu-
                                    man rights defenders were assas-
Despite that in the last few years, sinated. Their names, as a recogni-
the murder of human rights de- tion of their work and so they may
fenders has not stopped, 2011 was not be forgotten and so that justice
the year in which the statistics be applied, continue:

Department Municipality     Victimg                     Organization               Type of Defender    Presumed
                                                                                                       Responsible

Antioquia    Itaguí         RICARDO ALBERTO SIERRA      Defensoría del Pueblo      Land restitution    Unknown
                                                                                   leader
Antioquia    Medellín       CARLOS ANDRES VALENCIA Estudiantes Universidad         Student Leader      Unknown
                                                      de Antioquia
Antioquia    Medellín       DAVID DE JESÚS GOEZ       Asociación de Víctimas       Land restitution    Unknown
                            RODRÍGUEZ                 ASOVIRESTIBI                 leader
Antioquia    Carmen de      WILLIAM ANDRES ALVARES Junta de acción comunal         Community Leader    Unknown
             Viboral        OROZCO                    de la Vereda la cristalina
Antioquia    Zaragoza       LUÍS HERNÁNDEZ TORRES     Asociación de Cabildos       Indigenous Leader   Paramilitaries
                                                      Indígenas Senú
Antioquia    Zaragoza       JORGE MEJÍA ESTRADA       Asociación de Cabildos       Indigenous Leader   Paramilitaries
                                                      Indígenas Senú
Antioquia    Zaragoza       STIVEN ALBERTO MEJÍA      Asociación de Cabildos       Indigenous Leader   Paramilitaries
                            BEDOYA                    Indígenas Senú
Antioquia    Zaragoza       JUAN CAMILO MEJÍA BEDOYA Asociación de Cabildos        Indigenous Leader   Paramilitaries
                                                      Indígenas Senú
Antioquia    Zaragoza       LEXTER ENRIQUE GRACIANO Asociación de Cabildos         Indigenous Leader   Paramilitaries
                            PÉREZ                     Indígenas Senú
Antioquia    Medellín       ANA FABRICIA CORDOBA      Asociación de Líderes        Victims Leader      Unknown
                                                      Hacia Adelante Por Un
                                                      Tejido Humano de Paz
                                                      (LATEPAZ)
Antioquia    Urrao          FERNANDO TEQUIA           Cabildo Indígena Katio -     Indigenous Leader   Unknown
                                                      Resguardo La cristalina
Antioquia    Carepa         Jairo Antonio Varela      Organización Nacional        Land Restitution    Unknown
                            Arboleda                  de Población Despla-         Leader
                                                      zada Desarraigada
                                                      Independientes (Opddi)
                                                      y representante legal de
                                                      la Organización Regio-
                                                      nal Córdoba y el Urabá
                                                      (Cordeu)
Antioquia    Vigía del      John Dobiana Mechene      Organización Indígena de     Indigenous Leader   FARC
             Fuerte                                   Antioquia
Antioquia    Vigía del      Fabio Domicó              Organización Indígena de     Indigenous Leader   FARC
             Fuerte                                   Antioquia
Antioquia    Taraza         Fredy Jiménez             ASOCBAC                      Community Leader    Paramilitaries
Antioquia    Urrao          Brocardo Antonio Sala- Vereda Orobugo Medio            Community Leader    FARC
                            zar Gaviria
Antioquia    Segovia        Dora LilianDora Liliana SINTRAOFAN                     Union Leader        Unknown
                            Ochoa Serna
Bolívar      Turbaco        Keila Esther Berrio       Liga de Mujeres Despla-      Womens’ Leader      Others
                            Almanza                   zadas
Caldas       Marmato        José Reinel Restrepo JHS. Parroquia de Marmato         Religious Leader    Unknown
Cauca        Santander de   EFRAIN VELASCO VALENCIA Asociación de Cabildos         Indigenous Leader   Unknown
             Quilichao                                Indígena del Norte del
                                                      Cauca ACIN
Cauca        Tacueyo        EDGAR FABIÁN SILVA IPIA   Asociación de Cabildos       Indigenous Leader   Public Forces
                                                      Indígena del Norte del
                                                      Cauca ACIN
Cauca        Tacueyo        MANUEL IPIA               Asociación de Cabildos       Indigenous Leader   Public Forces
                                                      Indígena del Norte del
                                                      Cauca ACIN


 20       CHIAROSCURO: Annual Report 2011
Cauca       Cajibío        SILVESTRE IPIA             Movimiento Campesino          Peasant Leader      Unknown
                                                      de Cajibio
Cauca       Santander de   Luis Ever Casamachin       Pueblo Indígena Nasa          Indigenous Leader   Paramilitaries
            Quilichao      Yule
Cauca       Guapi          Jose Maria Cadena          Consejo Comunitario       Afro-Colombian          Paramilitaries
                                                      Guapi Bajo                Leader
Cauca       El Tambo       Luis Eduardo Garcia        Confederación Agrosolida- Community Leader        Unknown
                           Solarte                    ria and Casa de la Juventud
                                                      del Tambo, Cauca
Cauca       Jambaló        Rubén Darío Taquinaz       Pueblo Indígena Nasa          Indigenous Leader   FARC

Cauca       Santa Rosa     Dagoberto Montilla      Junta de Acción Comunal Community Leader             Unknown
                                                   vereda san José los azules
Chocó       Carmen del     JOSÉ FRANCISCO VALDIRI  Territorio Colectivo de    Peasant Leader            Paramilitaries
            Darien                                 Curvaradó
Córdoba     Montelibano    Nelida del Carmen Fuen- Pueblo Indígena Zenú       Indigenous Leader         Los Urabeños
                           tes Hernandez
Córdoba     Monteria       Luis Diaz Villa         SINTRAUNICOL               Union Leader              Unknown

Córdoba     Tierralta      Neburubi Chamarra      Pueblo Indígena Embera            Indigenous Leader   Unknown
Córdoba     Planeta Rica   José Gaspar            AFROVIDES                         Indigenous Leader   Unknown
Córdoba     Ayapel         HErnán LopERNÁN LÓPEZ  Asociación de Minero de           Union Leader        Unknown
                           RIVERA                 Ayapel Córdoba
Córdoba     Ayapel         MARTHA GAIBAO          Asociación de Despla-             Victims Leader      Unknown
                                                  zados de la Apartada
                                                  ASODESLAP
Distrito    Bogotá         PEDRO MARTÍNEZ ARÉVALO Junta de Acción Comunal           Community Leader    Unknown
Capital                                           de Rincón el Valle
Nariño      Barbacoas      Bolivar Guanga         UNIPA                             Indigenous Leader   Paramilitaries

Nariño      Pasto          John Edison Ramírez        Fundación de Género           LGBT Leader         Unknown
                           Salazar                    Trans del Sur
Norte de    Villa del      Carlos Adrian Gallego      CONAP Nororiente              Victims Leader      Unknown
Santander   rosario
Putumayo    San Miguel     LUZ MERY ROA ROA        Junta de acción comunal          Community Leader    Paramilitaries
                                                   de la Vereda Dios Peña
Putumayo    Mocoa          Alexa Gómez Polania     Alianza de Mujeres del           Victims’ Leader     Unknown
                                                   Putumayo - Tejedoras
                                                   de vida
Putumayo    Mocoa          Eladio Yascual Imbaquín Asociación Nacional de           Peasant Leader      Unknown
                                                   Usuarios Campesinos-
                                                   ANUC y Coordinador de
                                                   la MOE
Sucre       San Onofre     ANTONIO MENDOZA MO-     Asociación de Desplaza-          Land Restitution    Unknown
                           RALES                   dos de San Onofre y Los          Leader
                                                   Montes de María
Tolima      Chaparral      HÉCTOR OROZCO           Asociación de Trabajado-         Peasant Leader      Unknown
                                                   res Campesina del Tolima
                                                   – ASTRACATOL
Tolima      Chaparral      GILDARDO GARCÍA         Asociación de Trabajado-         Peasant Leader      Unknown
                                                   res Campesina del Tolima
                                                   – ASTRACATOL
Valle del   B/ventura      HUGO ULCUÉ              Asociación de Cabildos           Indigenous Leader   Unknown
Cauca                                              Indígena del Norte del
                                                   Cauca ACIN
Valle del   Florida        Marco Antonio Casama- Pueblo Indígena Nasa               Indigenous          FARC
Cauca                      chin Guinas




                                            Information System on Attacks against Human Rights Defenders          21
Of the 49 assassinations, 86% were  where 16 murders were reported.
men (42 victims) and 14% were       It must be remembered that the
women (seven victims).              two areas mentioned (Antioquia/
                                    Córdoba and the southwest) are
Antioquia was the department zones in which there have been in-
most affected by the murder of credibly high levels of armed con-
defenders with 17 leaders assassi- frontation, presence of legal and
nated. Next were Cauca with nine; illegal armed actors, illegal econo-
Córdoba with six; Putumayo with mies, and national and internatio-
three; Nariño, Risaralda, Tolima, nal interests due to the exploita-
Sucre, and the Valle del Cauca with tion of natural resources.
two; and Chocó, Bolívar, Bogotá,
and Norte de Santander with one. The defenders of human rights
                                    and social leaders are the ones
There are clearly some de- who bravely confront this hostile
partments and zones in the coun- context while trying to defender
try that definitely need a punctual themselves as well as the rights of
review.                             their communities.

Such is the case of Antioquia      Looking at the presumed respon-
and Córdoba, as these two de-      sible parties for the deaths of the-
partments alone – which are geo-   se 47 defenders, there was a large
graphic neighbors – account for 23 increase in the participation of pa-
murders.                           ramilitary groups compared to the
                                   cases reported in 2010, as well as
Particularly we would like to po- an increase in the participation of
int out Córdoba where only six unknown actors:
attacks were reported in 2011, but
all of them were murders.          To close this section of the report,
                                   we would like to point out the se-
Another zone worth pointing out verity of the fact that there was
is southwest Colombia, including such a high number of defenders
the departments of Valle del Cau- murdered in 2011, amongst those
ca, Cauca, Nariño and Putumayo, the 19 indigenous victims, followed




22   CHIAROSCURO: Annual Report 2011
by peasant, community, victims’          registered 10 threats each, and in
and land restitution leaders and         Meta nine were registered.
defenders which add up to a total
of 21 victims according to the in-
                                 Threatening pamphlets, telephone
formation received at the We are calls, text messages and e-mails
Defenders program.               were the most common ways
                                 that the legitimate and legal work
“On average during 2011, a human of human rights defenders was
rights defender was assassinated threatened in 2011 according to the
every eight days in Colombia.”   ISAAHRD.

Individual Threats                       Forced Disappearance

The Black Eagles (Las Águilas Ne-        In 2011, forced disappearances
gras), Los Rastrojos, Los Urabeños,      against human rights defenders
Los Paisas, and United Self-defense      reappeared.
Forces of Colombia, among others
threatened 101 leaders and defen-    Six defenders were disappeared
ders in Colombia in 2011.            and until now there is no informa-
                                     tion about their whereabouts or
Also, 26 threats from unknown lives:
parties and 13 presumed to be
from the National Army were re- - SANDRA VIVIANA CUELLAR
gistered by the ISAAHRD.             GALLEGO, 26, is an environmen-
                                     tal rights defender disappeared
It is important to point out that, Thursday February 17, in the city
defenders and leaders belonging of Cali.
to victims’ organizations, displaced
communities and land restitution - ANA JULIA RENTERIA and MI-
organizations were those most GUEL SANTOS RENTERIA CAI-
threatened in 2011.                  CEDO a married couple and com-
                                     munity leaders in the Community
Our information system identified Council of the Delta of the Cajam-
the Bogotá capital district as the bre River disappeared Wednesday
city where the highest number of March 2, 2011, in the village of
threats against human rights de- Guayabal on the Cajambre River in
fenders was registered with a total Buenaventura, Valle del Cauca.
of 32, followed the Valle del Cauca
with 21 threats, Caquetá with 16. - JHON FREDY GARCÍA (17), RO-
Atlántico, Risaralda and Sucre all BINSON TAICUS (14) and FABIO

                            Information System on Attacks against Human Rights Defenders   23
TAICUS (15) in the morning of the        use of the legal system against
16th of September took off on            defenders in which baseless pro-
foot to the Indigenous Territory of      cesses and judicial cases are crea-
Pulgande Tronquería Palicito, and        ted such as in the case of Príncipe
when at the high point near the San      Gabriel González Arango, a well-
Juan Bautista sector by the Nambí        known human rights defender in
River in Nariño were detained by         northeast Colombia who was de-
FARC members.                            tained by the SIJIN and National
                                         Police in August 2011 in Pamplona,
These young disappeared leaders          Santander and sent to jail.
had been participating in the training
process for indigenous leadership        This defender in 2009 received
for political and community streng-      the Human Rights First prize in the
thening that UNIPA is carrying out       United States for his work in ex-
with support from UNICEF.                posing the degrading treatment of
                                         political prisoners.
Arbitrary Detentions and the Arbi-
trary Use of the Legal System           Príncipe Gabriel was detained and
                                        sent to trial in 2066, accused of
It is important to highlight the in- belonging to the FARC, up against
crease in the acts of arbitrary de- charges that intended to show that
tention against human rights de- his work as a human rights defen-
fenders that the We are Defenders der was his job for the guerrilla.
program registered in 2011.
                                        Nevertheless, after 19 months of
From the 11 cases registered in detention he was released when
2010, the total jumped to 23 in 2011. the 8th Circuit Judge in Bucara-
                                        manga confirmed his innocence
Additionally, this form of aggres- and exonerated him of all charges.
sion is the first step in the arbitrary




 24   CHIAROSCURO: Annual Report 2011
Presumed
Responsible
Party




With regards to those responsible        Members of the State Public For-
for carrying out the 239 attacks         ces (Police, Army, SIJIN, Prosecu-
documented here, the ISAAHRD             tors, etc.) appear in the registry
registered paramilitaries as au-         of 17% of the cases while the gue-
thors in 50% of the cases, while in      rrilla was responsible for 4% of
29% of the cases the author was          the cases.
unknown.




                            Information System on Attacks against Human Rights Defenders   25
Compared to 2010, we must point    be seen in the number of cases
out the decrease in the percentage registered. In the eyes of the We
of those cases in which the respon-are Defenders program, social and
sible party was unknown, which we  human rights organizations as well
had identified in the statistics from
                                   as their members have confronted
2010 as negative.                  the situations of risk with more
                                   bravery and strength, denouncing
This decrease may be understood these attacks to the authorities and
as a higher intent by defenders to public opinion.
denounce attacks, which also can




 26   CHIAROSCURO: Annual Report 2011
Zones of
Attack
The map of attacks against human threats, as we previously pointed
rights defenders and social leaders out.
in Colombia is transforming.
                                       Bogota is the city where the hig-
Situations like those of Antioquia, hest concentration of headquar-
Valle del Cauca, Sucre, Atlántico, Ri- ters of social organizations and
saralda and Caquetá draw attention human rights organizations wor-
in that in 2010, these departments king at national level and hence the
did not report such a high number threats uttered to them are recor-
of aggressions and shows an im- ded in the Capital.
portant increase in violence against
leaders and defenders.                 Also the decrease in Santander is
                                       important. On the other hand, it is
Also it must be pointed out that worth observing how the levels of
in cities like Bogotá, attacks de- constant attacks against defenders
creased from 21 cases in 2010 to in 2010 were maintained in 2011 in
35 in 2011, the large majority being places like Cauca and Meta.




                             Information System on Attacks against Human Rights Defenders   27
The map of attacks against human rights defenders and
                social leaders in Colombia




28   CHIAROSCURO: Annual Report 2011
Collective
Attacks
Within this category, the ISAAGRD          rights organizations were Arauca,
identified 116 social and human            Atlántico, Bolívar, Caldas, Meta,
rights organizations as victims of         Nariño, Norte de Santander, Risa-
some type of attacks that put the          ralda and Tolima.
lives and integrity of their mem-
bers at risk as well as created obs-       It should be highlighted that the-
tacles for their legitimate and legal      re was a decrease in aggressions
human rights work and defender             against organizations as a whole,
during 2011.                               dropping from 168 attacks in 2010
                                           to 116 in 2011.
Bogotá is the city that registered
the highest number of social and    According to the analysis by the
human rights organizations attac-   We are Defenders program, this
ked with a total of 27 cases, fo-   should be viewed with caution sin-
llowed by Cauca with 21 cases.      ce the individual aggressions, ma-
                                    nifested in murders for example,
Chocó, Valle del Cauca, Caquetá and shot up in 2011. We conclude wo-
Antioquia registered 10 cases each. rryingly that those who attack hu-
                                    man rights defenders in Colombia
Other departments that registered moved from the realm of threats
attacks against social and human to that of action.




                              Information System on Attacks against Human Rights Defenders   29
General
Conclusions
To conclude starting with the analy-    the same period leads us to conclude
sis of the statistics from the Infor-   that there exists a significant chan-
mation System on Attacks against        ge in those targeted in the attacks,
Human Rights Defenders – ISAAHRD        which makes these attacks much
– from 2011, we in the program We       more specific and less public.
are Defenders conclude that:
                                      - The fact that 50% of the cases re-
- There was an important increase ported were presumably carried out
of 36% in individual attacks against by paramilitary groups is an indica-
defenders compared with 2010.         tor that these continue to act wi-
                                      thout any control.
- On average, a human rights de-
fender was assassinated every eight The threat of paramilitary groups
days in Colombia in 2011.             for human rights defenders and so-
                                      cial leaders increased significantly in
- The 49 social leaders and human 2011.
rights defenders assassinated in 2011
put into question the Protection - After a revision of the cases, we
System of the National Government were able to determine that there
and are an indicator that despite the was a notable intention by the orga-
change in political tone from the nizations to denounce violent acts,
national government and the new even in complicated areas such as
norms for protection, human rights Antioquia, Cauca and Córdoba. Part
defenders and social leaders con- of the increase in the statistics can be
tinue to be exposed to will of their attributed to this.
attackers.
                                      - An increase in attacks against so-
- The decrease in the number of cial and human rights leaders and
attacks against human rights organi- organizations as well as displaced
zations between 2010 and 2011, and persons organizations and leaders
the increase in individual attacks in was evident in the context of the

 30   CHIAROSCURO: Annual Report 2011
land restitution process, truth, justi-     under the guise of the now-dis-
ce and reparation, land defense and         mantled Administrative Security
victims- and indigenous-related ac-         Department – DAS in Spanish.
tivities.
                                         This situation is worrying as many
- We would like to call attention to of the former DAS officials passed to
the terrible situation that indigenous this new government agency UNP
defenders suffered in 2011, as we re- and there does not exist any cer-
gistered the murder of 19 of them.       tainty as to whether these officials
                                         participated in illegal wire-tapping
- The statistics show the existing actions or espionage against human
distance between the reality of the rights defenders.
regions in Colombia and the effecti-
veness of the recent preventive and - The We are Defenders program
protective policies formulated by also is making a special call for at-
the authorities.                         tention to the new stigmatizations
                                         occurring towards the end of 2011
We at the We are Defenders program against social organizations and hu-
note that the protection provided by man rights defenders which repre-
the State still is incipient despite the sent or support victims taking part
normative advances.                      in reparation of land restitution pro-
                                         cesses.
- We are also calling on the National
Public Prosecutors Office so that it These new stigmatizations have
reveal what investigations related come from high government offi-
to attacks against social leaders and cials who work under the responsi-
human rights defenders it has ca- bility of the President.
rried out, as has been demanded in
the Human Rights, Peace and Deve- We should remember that these
lopment Platforms as parte of the type of statements can be interpre-
National Table of Guarantees.            ted by armed actors (both legal and
                                         illegal) as an order to attack human
- The UNP assumed protection res- rights defenders and leaders in the
ponsibilities that were previously country.




                               Information System on Attacks against Human Rights Defenders   31
32   CHIAROSCURO: Annual Report 2011

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Informe Somos Defensores 2011 (en inglés)

  • 1. Calle 19 No. 4-88 Oficina 1302 Bogotá D.C. – Colombia. Tel: (051) 3804380 / www.somosdefensores.org prensa@somosdefensores.org 2012 The Non-governmental program for the Protection of Human Rights defenders – We are Defenders, is a protection space that looks to develop an integral proposal to prevent attacks against and protect the lives of those who run risks for their work as human rights defenders, as well as those who represent the interests of social groups and communities affected by the violence in Colombia. The We are Defenders programs is made up of the following organizations: This document was written by the We are Defenders Program, with collaborations from the MINGA Association Design, Layout and Printing Factoría Gráfica Editorial and Publication Coordination Carlos A. Guevara Investigation Astrid Suarez Carlos A. Guevara Gustavo Adolfo Ulcué Geographic Referencing Carlos Alberto Zúñiga Cover – XXXXXXXXXXX The contents of this bulletin is of the responsibility of its authors and does not necessarily represent the organizations and institutions that have supported it. This is a pedagological and cultural documental, and therefore its distribution is free. It can be photocopied and reproduced as long as the source is always cited. The printing of this report is possible thanks to resources from the European Union and Diakonia from Sweden, through the project No. EIDHR/2010/226-579, titled, “Strengthening of the Guarantees for the Exercise of the Rights to Freedom of Thought, Expression and Peaceful Assembly of Civil Society Organizations, Human Rights Defenders and the Media in Colombia.” The We are Defenders Program was financed in 2011 by the Norwegian Embassy, and the International Cooperation Agencies MISEREOR and FASTENOPHER. Information System on Attacks against Human Rights Defenders 1
  • 2. 2 CHIAROSCURO: Annual Report 2011
  • 3. Presentation 2011 was a year of contrasts. At the beginning of the year, the Colom- bian government created great expectations in the country, especially in the political, human rights and social sectors, with its tone of concilia- tion and inclusive political thought. Additionally, towards the end of the year, a new and robust normative package reorganized the executive to respond to the challenge of integrally protecting social leaders, human rights defenders, journalists, unionists, victims and other persons at risk. But in contrast with these initially positive institutional transformations, human rights work in Colombia gave signs of being even more perse- cuted and attacked than in previous years, accompanied by an evident tendency of leaders and defenders to increasingly denounce attacks. The push for the political guarantees for the work of human rights de- fenders, the Victims’ Law, the restitution of land, the Law of Citizen Security, the dismantling of the DAS and the judicial processes against those responsible for illegal wiretapping, the discussions about military jurisdiction, the almost unstoppable advance of the mining locomotive and the new stigmatizations against social and human rights organiza- tions by high government officials, all were part of the national scene which human rights defenders faced in order to make their rights, and those of their communities, respected. Added to this of course is the internal armed conflict that has been wor- sening, due to the military offensive against the insurgency which re- sulted in the deaths of some of its highest military and political bosses, accompanied by a paramilitary rearming that is only getting stronger and in some zones of the country is practically out of control. The go- vernment continues to qualify this rearming as ‘isolated violence’ from criminal bands – BACRIM for short in Spanish – associated to drug tra- fficking. Information System on Attacks against Human Rights Defenders 3
  • 4. In short, for human rights defenders 2011 was a contradictory year. The- refore this annual report for the year 2011 from the Information System of Aggressions against Human Rights Defenders – ISAAHRD – from the We are Defenders program, looks to give a complementary look at the national scene, which will allow different groups inside and outside Co- lombia to have some elements to evaluate just how true the changes in our country regarding human rights and their defenders are. Just as a preview to what this report will divulge, human rights defenders were the victims of an overwhelming violence in 2011: 49 were assassi- nated. While in Bogotá norms were discussed and put in place, the re- gions bleed because of the assassinations, threats, arbitrary detentions, attacks and disappearances against defenders. This cruel reality forces us to ask the public, are we doing enough to protect those who defend our human rights? Where is the prosperity for human rights defenders in Colombia? At this moment, we would like to the agencies, organizations and in- ternational delegations that directly or indirectly support our work in protection and communication in 2011. Our most sincere thanks go to the Norwegian Embassy, the German international cooperation agency MISEREOR, FASTENOPHER, Amnesty International, Terre des Hommes - Schweiz, Protection Desk Colombia – PD COL1, the International and National Campaign “For the Right to De- fend Human Rights in Colombia”, Diakonia Sweden, Oxfam, the human rights, peace and development platforms in Colombia, MOVICE, DIAL, the Colombian Commission of Jurists, Benposta Boys’ Nation and espe- cially the Asociación MINGA. Lastly, we would like to thank CINEP/PPP and their data base for the te- chnical assistance that they have given us since the creation of our in- formation system at We are Defenders, which was extended throughout all of 2011. 1 This Protection Table in Colombia, created in 2009, is the fruit of an alliance between Social Action and Thinking (Colombia) and Protection International (Brussels). 4 CHIAROSCURO: Annual Report 2011
  • 5. CHIAROSCURO: Politics and the Protection of Hu- recognized the work of human man Rights Defenders in 2011 rights defenders. Last year was one of changes, but The passing of the Victims’ law, not sufficient enough to be able to as well as the public declarations integrally protect the lives of the from the Ministers of the Interior men and women who defend hu- and of Agriculture who expressed man rights in Colombia. their decision to respect and pro- tect victims who were looking to Spaces like the National Table of get their land back, represented Guarantees, where the gover- a different position compared to nment and representatives of that of the previous national go- social and human rights organi- vernment. In departments such as zations have been in discussions Nariño and Santander, the gover- since 2010 about the physical and nors sent out positive institutional political security of human rights messages regarding the role of de- defenders, have advanced but not fenders in society. at the rhythm desired. Both the government and civil society or- These public demonstrations led ganizations have centered their at- one to think that the relationship tention on the search for political was going down a good road and guarantees using this table to dis- that real respect, justice, and pro- cuss critical issues such as preven- tection would go from words to tion, investigation and protection. reality. In a preliminary balance on this But the murder of social leader Ana process carried out in May 2011, Fabricia Córdoba and the attacks the change of national govern- against more than 100 defenders ment had had favorable effects as in the first six months of the year national level government officials arose doubts in the usefulness of and some regional ones as well had the process. Information System on Attacks against Human Rights Defenders 5
  • 6. Therefore in June the dialogue was defenders. While at the same time, suspended until concrete means to exhaustive investigations based guarantee the legitimate exercise on testimonies from demobilized of human rights defense were in fighters and military intelligence, place. such as those being carried out against defenders David Rave- Although in order to reinitiate the lo Crespo from the organization dialogues the government im- CREDHOS and Winston Gallego plemented in August 2011 a new Pamplona from the Corporation strategy (carrying out 14 regional Sumapaz, Carmelo Agamez from committees to evaluate risks for MOVICE, and Principe Gabriel Gon- defenders – RCERs - in the parti- zales from the Committee for So- cipating regions in the National lidarity with Political Prisoners, just Process of Guarantees, which was to cite a few, continue advancing. accepted by civil society), in es- sence the difficulties remained: the These situations, amongst others, guarantees are still being avoided. are just a few of those that have Let’s see why: not allowed the Guarantee process to have the desired results and - The official declarations after 2011 show that human rights defenders have been the responsibility of mi- in Colombia continue to be expo- nister Germán Vargas Lleras who sed to situations of extreme risk. in the reactivation of the process of guarantees carried out in Cauca, The statistics in this report are just and in two RCERs, one in Barran- an example of this dangerous rea- quilla and another Bogotá, recog- lity. nized the work of human rights defenders and social leaders and Wave of Stigmatizations warned local officials of the res- ponsibility to protect that corres- Yet again, the reappearance of stig- ponds to them. We see these kinds matizing statements coming from of statements very positively. high public officials against natio- nal and international organizations - Nevertheless, the process conti- that both defend human rights and nues to have numerous problems, support the reparation and land such as the fact that the Public restitution processes for victims, Prosecutors office has not given strained and made the work of hu- any response regarding investi- man rights defenders in 2011 more gations being carried out into the difficult at least on a political level, aggressions against human rights 6 CHIAROSCURO: Annual Report 2011
  • 7. Such is the case of the José Al- This perspective has been consoli- vear Restrepo Lawyers Collective dated with the creation of the new and the public accusations against Agency for the Judicial Defense of them for supposedly presenting the Nation. false victims during the internatio- nal process against the Colombian The agency will allow the Colom- State for the massacre of Mapiri- bian state to confront more than pán, Meta, which was carried out 260,000 judicial processes whose by paramilitaries with the support economic pretensions total more from the Army, for which the Sta- than 500 billion USD2. te was condemned. It is worth remembering that va- Another case was the alleged false rious of these lawsuits were filed displacement of peasants from the by human rights organizations in Las Pavas farm who currently are representation of the victims of demanding their land back. grave human rights violations and violations of International Huma- In these two cases, the action of nitarian Law. human rights defenders were dele- gitimized as they were pointed to Although the State has the right to as having made ‘businesses’ based protect national finances, it also is on lies, which then caused a pu- a state responsibility to respond to blic stigmatization of victims who the failures in terms of protection were demanding their rights be as a result of its omissions. respected, because they all were ‘robbing the State of its finances.’ Therefore, the action of this new agency should be observed by hu- This situation, which was thought man rights organizations. to be overcome due to the tone of the new government, opened the Investigations against the DAS door for political and armed actors from the extreme right to consi- In a different vein, in 2011, impor- der as unviable the government tant investigations were carried policies such as the Victims’ law out by the Colombian justice sys- and land restitution, and to give su- tem against ex officials from the pport to new attacks against social previous government, who were and human rights organizations. presumably responsible for illegal wire-tapping carried out by the 2 http://www.semana.com/nacion/nueva-agencia-gobierno-enfrentara-demandas-estado/166803-3.aspx Information System on Attacks against Human Rights Defenders 7
  • 8. DAS, and of which various human judicial officials, journalists and rights defenders were victims. human rights defenders, recent reports and international visits to Cases like the sentencing to 25 Colombia show how this form of years of the former director of the persecution may be continuing: DAS, Jorge Noguera, for collabo- ration with paramilitaries and his “Non-governmental organiza- participation in the murder of pro- tions mention the expedition of a fessor and human rights defender new intelligence law, Law 263 of Alfredo Correa de Andreis and also 2011, whose principle content has the ex secretary of the President’s to do with the mechanisms for the office, Bernardo Moreno, who is in advancement of the correction, jail for the investigation being ca- updating and removal of data rried out against him for his par- process in each one of the inte- ticipation in illegal wire-taps, are lligence organisms; procedures both examples of these judicial for the creation and passing of processes. reports to the organisms that ca- rry out intelligence and counter- Additionally another case is that of intelligence activities; the creation an ex director of the DAS, María del of an commission of assessment Pilar Hurtado, who is currently in for the depuration of intelligen- Panamá after being granted asylum ce databases and archives which and was asked for in extradition by would set the criteria for the put- the Colombian justice system, so ting in march of a system for the that she respond to the charges of depuration of intelligence and grave accessory to criminal activi- counterintelligence databases and ty, abuse of public position, grave archives. violation in communications, and ideological falsehood in a public According to the opinion of the document, for which she is char- human rights organizations inter- ged as a coauthor. viewed, this new law has no real substantial variations compared Hurtado completes the barrage of to the previous law, but on the officials investigated for carrying contrary, it has elements that are out illegal wire-taps under the Uri- even less favorable such as the in- be government. crease in the time in reserve, the weakening of the mechanisms of Nevertheless, despite the investi- control and the limitations on the gations against those who illegally mechanisms of guarantees. intercepted communications from 8 CHIAROSCURO: Annual Report 2011
  • 9. The commission proposed for the ties and that there has been no ad- depuration of archives is transi- vances in finding and trying those tory and only can formulate re- responsible.”4 commendations.”3 The political situation for the exer- In the same vein, it is important to cise of human rights in Colombia remember the findings of the Inter- can be catalogued as a ‘chiaroscu- national Mission for the Verification ro,’ difficultly navigating between of the Situation of Human Rights the institutional attempts at dia- Defense in Colombia, carried out logue with civil society and cons- in November 2011 by 40 human tructing a public policy for protec- rights defenders from 15 countries tion, and a growing stigmatization all over the world, who stated after that originates from high public following the case of the wire-taps officials as well as the wave of vio- pointed out, “The reports that we lence against men and women who have received consistently, recently daily and almost anonymously risk and in all of the regions visited their lives to defend their rights about the robbery of computers and those of their communities. and other information systems re- garding cases and work of human The challenge of integral protec- rights defenders worry us. tion is path filled with obstacles, and we just hope that the so much We have learned as well during our promised ‘prosperity’ for the de- visits to the regions that these ca- fense of human rights in Colombia ses are systematically labeled as does not continue to arrive too normal ‘robbery’ by the authori- late. 3 Human Rights Defenders in Colombia: How is the Government protecting their rights? International Service For Human Rigths. http://www. ishr.ch/council/376-council/1244-ishr-launches-report-on-human-rights-defenders-in-colombia 4 Informe Preliminar - Misión Internacional de Verificación sobre la Situación de la Defensa de los DH en Colombia. Campaña Nacional e Interna- cional “Por el derecho a defender los derechos humanos en Colombia” http://www.colombiadefensores.org/noticias/item.asp?n=14256 Information System on Attacks against Human Rights Defenders 9
  • 10. New Normative View of Protection in Colombia As was mentioned earlier in this and territorial level to promote the annual report, 2011 was a year of respect and guarantee of human changes, especially in the norms, rights and the application of Inter- decrees and laws that control the national Humanitarian Law. way in which the Colombian go- vernment protects social leaders, Additionally, the government human rights defenders, unionists, created the National Unit of Pro- journalists and other persons in tection – UNP in Spanish – through risk of attacks due to their work the decree 4065 of 2011. for peace, human rights and their sacred constitutional rights. This is a special administrative unit on the national level whose objec- Last year the national government tive is “to articulate, coordinate under responsibility of the Mi- and execute the service of protec- nister of the Interior created and tion to those whom the national organized the National System of government determines by virtue Human Rights and International of their activities, conditions or Humanitarian Law, and modified political, public, social, humanita- the Inter-sector Commission of rian, cultural, ethnic, gender, as Human Rights and International victim of violence, displaced or Humanitarian Law through Decree human rights defender status is in 4100 of 2011. a situation of extraordinary or ex- treme risk of suffering an attack With this decree the government against their life, integrity, liberty procured the articulation of gui- and/or personal security or due to delines on measures for the pre- the exercise of a public position or vention, attention, assistance and other activities that can generate integral reparation of the victims extraordinary risk, such as being a of the internal armed conflict, and union leader, working for an NGO, also looks to coordinate the norms, or with or for displaced persons, policies and entities on a national and to guarantee the opportuni- 10 CHIAROSCURO: Annual Report 2011
  • 11. ty, efficiency and suitability of the - It has five basic parts: Strategies, measures granted.”5 Measures, Responsibilities, Proce- dures and Commitments. The programs of the Public Pro- secutors Office, the Attorney - The UNP assumes protective res- General’s Office and the Program ponsibilities that were once under of Protection for Victims and Wit- jurisdiction of the now dismantled nesses of the Justice and Peace Law DAS, but will also receive at least are not included from the field of 600 ex DAS officials, which is wo- application of the UNP. rrying due to the well-known his- tories of these officials. With the UNP created, and through the decree 4912 of 2011, the “Pre- - The decree fuses the mechanisms vention and Protection of the of protection for public officials rights to life, liberty, integrated and other groups in possible risk, and security of persons, groups under the tutelage of the UNP. and communities of the Ministry of the Interior and the National - The decree establishes two kinds Protection Unit” Program was or- of measures: prevention and pro- ganized. tection, depending on the level of risk, and includes preventive and This new decree abolished its protective actions for communi- predecessors (1740 and 3375 of ties in risk as well. 2010), which determined the mea- sures of protection for persons in The preventive measures inclu- risk. With decree 4912, the UNP, de the elaboration of contingency ascribed to the Ministry of the In- plans, self-protection courses, pa- terior, will be in charge of carrying trols, and police magazines. out the risk evaluations that only the National Police previously did. The protective measures include This job will be in the hands of the protection plans with bodyguards, Risk Evaluation and Measures Re- physical resources such as bulle- commendations Committee – RE- tproof vests, mobilization me- MRC - supported by a Preliminary thods and support for temporary Valuation Group. relocations. In general, we can highlight from - Clearer and more direct respon- Decree 4912 of 2011 the following: sibilities are established for local and regional authorities in terms 5 Minister of the Interior. Decree 4065 of 2011 Information System on Attacks against Human Rights Defenders 11
  • 12. of protection. The creation of de- se cases. It also must monitor the partmental protection units that measures implemented. look to contribute to the decen- tralization of the effective respon- These functions were previously se from the State in terms of pro- part of the protection team of the tection. Ministry of the Interior’s Human Rights Office. - The decree allows for the possi- bility of hiring private companies - Psychological assistance will be at the same time that public ser- provided when the persons who vices are received, but that these need protection required it. companies must operate within the schematics that will be laid out - In the risk evaluation, reports by under the Ministry of the Interior, social and human rights organiza- even though in reality they were tions will be taken into account as just transferred from the old DAS. supports to assess risk. - The decree creates a protection - The risk evaluation reports will sub-direction in charge of execu- be presented to the REMRC for the ting the protective measures in co- adoption of the protective measu- ordination with the National Police. res. This means that the agreements For now the REMRC is maintained with private companies to have as well as the representation of the mobile bodyguards are over. Star- beneficiary organizations. ting January 1, 2012 a group of bo- dyguards connected directly to the Other Norms UNP will be in charge of this pro- tective work Although it was not put into place in 2011, it is important to highlight - New functions to analyze the risk Directive 12 from the Public Prose- not only to persons but to com- cutors Office, whose objective is to munities, organizations, groups establish directives for public offi- and territories are assigned to the cials with the goal that in the exer- UNP. cise of their functions, they gua- rantee the right of human rights The Unit will have to support pre- defenders to carry out their work. ventive actions that the Ministry of the Interior carries out as well On the other hand, the Ministry as other competent entities in the- of Agriculture and Rural Develo- 12 CHIAROSCURO: Annual Report 2011
  • 13. pment, under the Victims’ Law committed to finding the truth, as (Law 1448 of 2011), issued the well as more objective, impartial Ministerial Directive 01 of 2011, and respectful of due process, wi- through which the Ministry esta- thout stigmatizing the work of hu- blished guidelines for the cases of man rights defenders. those demanding their land be re- turned to them who are at risk and At a first glance, looking at the large threatened due to the exponential normative package created by the increase of murders and threats Colombian government regarding against leaders demanding their protection, one would think that lands be returned to them. the situation of aggression against human rights defenders would be Finally, the National Public decreasing, or that the work of Prosecutor’s Direction emitted protection by the State would be Memo No. 30 of 2011, with which much stronger, which would be the Direction determines the ‘in- reflected in lives saved, and threats vestigative strategies in the cases against and the uprooting of hu- carried out against human rights man rights defenders avoided. defenders.” The document looks to create better practices with re- Nevertheless, the reality in the re- gards to judicial operations in order gions outside of Bogotá is exactly that the investigations are more the opposite. Information System on Attacks against Human Rights Defenders 13
  • 14. 14 CHIAROSCURO: Annual Report 2011
  • 15. Annual Report 2011 Information System on Attacks against Human Rights Defenders – ISAAHRD According to the registry of the of aggressions as well as 116 social Information System on Attacks and human rights organizations against Human Rights Defenders were victims of some type of ag- – ISAAHRD – from the non-gover- gression that put the lives of their nmental program for the defense members in risk and created obs- of human rights defenders We are tacles to their legitimate and legal Defenders,6 during 2011, 239 hu- work of defending human rights in man rights defenders were victims Colombia. 6 This System registers information directly known of by the We are Defenders Program and uses as a direct source the social organizations and NGOs that report cases to the program. Information System on Attacks against Human Rights Defenders 15
  • 16. INDIVIDUAL AGGRESSIONS The We are Defenders program has When we refer to the statistics of registered with extreme worry an aggression per month, we see that increase of 36% in individual attacks the highest number of cases registe- against human rights defenders red occurred in February 2011 with compared to 2010. Between January 54 cases, or 23% and in March with and December 2010, the Informa- 32 cases, for a total of 13%. Novem- tion System reported 174 defenders ber is next with 24 cases (10%), June attacked; in the same period in 2011, and July with 22 each (9%) and Dec- there were 239 cases. ember with 21 cases for 8%. 16 CHIAROSCURO: Annual Report 2011
  • 17. It is just in this context of increa- Colombia in November to witness sing attacks against human rights in the field the conditions of defen- defenders and social leaders that ding human rights in eight regions the groups involved in the human in the country. rights, peace and democracy pla- tforms decided to suspend in the This international verification mis- National Table of Guarantees in sion was composed of 40 defen- June because it did not make sen- ders from 15 countries, amongst se that even though there were them representatives, jurists and permanent dialogues between ci- human rights activists, all invited vil society, national government by the National and International and international accompaniment Campaign for the Right to Defend groups, the situation continued to Human Rights in Colombia, with get worse. the intention of monitoring the report from the special delegate “Defenders, indigenous and vic- on the situation of human rights tims leaders, and those who defenders of the UN. lead processes of land restitu- tion were those most attacked in The mission, after dozens of inter- 2011.” views with leaders, defenders, and local, regional and national autho- International organizations like rities concluded in its preliminary Washington Office on Latin Ameri- report8: ca (WOLA), Latin America Working Group, Center for Justice and In- - The attacks against defenders ternational Law, Center for Inter- continue to remain in impunity. national Policy in the United States y Amnesty International in Europe - The protection that leaders and have stated that the threats, assas- defenders receive is inadequate. sinations and attacks continue in Colombia against those who de- - The stigmatizations continue fend human rights.7 against those who defend human rights. In the second half of the year, and as a result of the critical situation - There is evidence that state inte- during the first half of the year, an lligence organisms continue to be international commission visited used against defenders. 7 http://www.wola.org/es/noticias/defensores_colombianos_de_derechos_humanos_siguen_sufriendo_amenazas_ataques_acoso_y_es- cuch http://www.es.amnesty.org/actua/acciones/colombia-defensores-amenaza-muerte/ 8 http://www.colombiadefensores.org/noticias/item.asp?n=14256 Information System on Attacks against Human Rights Defenders 17
  • 18. - The legal persecution of defenders as well as the annual reports by is a mechanism that continues to be Front Line Defenders10 and Human implemented to mitigate their work. Rights Watch.11 Many of these findings were con- With regards to attacks by gender, firmed as well by the report pu- of the 237 attacks in 2011, 77% blished by the International Service were against men and 23% against for Human Rights in January 20129 women. When looking at the historic trends The information registered in of the statistics of attacks registe-2011 shows seven types of attacks red by the ISAAHRD, we can see against defenders in Colombia: that in the last three years, the assassination, threats, physical attacks reported are more than in attacks, arbitrary detentions, for- the 2002 – 2008 period. ces disappearances, the arbitrary use of the legal system and inju- This increase, under analysis by ries. the We are Defenders Program, may be attributed to a better pos- Of the attacks registered in 2011, sibilities of denunciation by social 59% were threats, 20% assassi- and human rights organizations, as nations, 10% arbitrary detentions, well as the gradual consolidation of 7% physical attacks, 3% forced information that in previous years disappearances, and 1% for both was very difficult to obtain due to other injuries and the arbitrary use the high levels of violence and the of the legal system. fear that leaders and defenders from the regions suffered, which Compared to 2010, the program lead to a fear of denunciations due points to the cases of extreme to reprisals. worry that the increase of threats (109 to 140), assassinations (32 to 9 http://www.ishr.ch/council/376-council/1244-ishr-launches-report-on-human-rights-defenders-in-colombia 10 http://www.frontlinedefenders.org/es 11 http://www.hrw.org/es/world-report-2012/colombia 18 CHIAROSCURO: Annual Report 2011
  • 19. 49), arbitrary detentions (11 to 23) “On average in 2011, a human and the reappearance of forced di- rights defender was attacked sappearances represent. every 36 hours in Colombia” Information System on Attacks against Human Rights Defenders 19
  • 20. Assassination of human rights de- crossed the limit. According to the fenders ISAAHRD, 49 social leaders and hu- man rights defenders were assas- Despite that in the last few years, sinated. Their names, as a recogni- the murder of human rights de- tion of their work and so they may fenders has not stopped, 2011 was not be forgotten and so that justice the year in which the statistics be applied, continue: Department Municipality Victimg Organization Type of Defender Presumed Responsible Antioquia Itaguí RICARDO ALBERTO SIERRA Defensoría del Pueblo Land restitution Unknown leader Antioquia Medellín CARLOS ANDRES VALENCIA Estudiantes Universidad Student Leader Unknown de Antioquia Antioquia Medellín DAVID DE JESÚS GOEZ Asociación de Víctimas Land restitution Unknown RODRÍGUEZ ASOVIRESTIBI leader Antioquia Carmen de WILLIAM ANDRES ALVARES Junta de acción comunal Community Leader Unknown Viboral OROZCO de la Vereda la cristalina Antioquia Zaragoza LUÍS HERNÁNDEZ TORRES Asociación de Cabildos Indigenous Leader Paramilitaries Indígenas Senú Antioquia Zaragoza JORGE MEJÍA ESTRADA Asociación de Cabildos Indigenous Leader Paramilitaries Indígenas Senú Antioquia Zaragoza STIVEN ALBERTO MEJÍA Asociación de Cabildos Indigenous Leader Paramilitaries BEDOYA Indígenas Senú Antioquia Zaragoza JUAN CAMILO MEJÍA BEDOYA Asociación de Cabildos Indigenous Leader Paramilitaries Indígenas Senú Antioquia Zaragoza LEXTER ENRIQUE GRACIANO Asociación de Cabildos Indigenous Leader Paramilitaries PÉREZ Indígenas Senú Antioquia Medellín ANA FABRICIA CORDOBA Asociación de Líderes Victims Leader Unknown Hacia Adelante Por Un Tejido Humano de Paz (LATEPAZ) Antioquia Urrao FERNANDO TEQUIA Cabildo Indígena Katio - Indigenous Leader Unknown Resguardo La cristalina Antioquia Carepa Jairo Antonio Varela Organización Nacional Land Restitution Unknown Arboleda de Población Despla- Leader zada Desarraigada Independientes (Opddi) y representante legal de la Organización Regio- nal Córdoba y el Urabá (Cordeu) Antioquia Vigía del John Dobiana Mechene Organización Indígena de Indigenous Leader FARC Fuerte Antioquia Antioquia Vigía del Fabio Domicó Organización Indígena de Indigenous Leader FARC Fuerte Antioquia Antioquia Taraza Fredy Jiménez ASOCBAC Community Leader Paramilitaries Antioquia Urrao Brocardo Antonio Sala- Vereda Orobugo Medio Community Leader FARC zar Gaviria Antioquia Segovia Dora LilianDora Liliana SINTRAOFAN Union Leader Unknown Ochoa Serna Bolívar Turbaco Keila Esther Berrio Liga de Mujeres Despla- Womens’ Leader Others Almanza zadas Caldas Marmato José Reinel Restrepo JHS. Parroquia de Marmato Religious Leader Unknown Cauca Santander de EFRAIN VELASCO VALENCIA Asociación de Cabildos Indigenous Leader Unknown Quilichao Indígena del Norte del Cauca ACIN Cauca Tacueyo EDGAR FABIÁN SILVA IPIA Asociación de Cabildos Indigenous Leader Public Forces Indígena del Norte del Cauca ACIN Cauca Tacueyo MANUEL IPIA Asociación de Cabildos Indigenous Leader Public Forces Indígena del Norte del Cauca ACIN 20 CHIAROSCURO: Annual Report 2011
  • 21. Cauca Cajibío SILVESTRE IPIA Movimiento Campesino Peasant Leader Unknown de Cajibio Cauca Santander de Luis Ever Casamachin Pueblo Indígena Nasa Indigenous Leader Paramilitaries Quilichao Yule Cauca Guapi Jose Maria Cadena Consejo Comunitario Afro-Colombian Paramilitaries Guapi Bajo Leader Cauca El Tambo Luis Eduardo Garcia Confederación Agrosolida- Community Leader Unknown Solarte ria and Casa de la Juventud del Tambo, Cauca Cauca Jambaló Rubén Darío Taquinaz Pueblo Indígena Nasa Indigenous Leader FARC Cauca Santa Rosa Dagoberto Montilla Junta de Acción Comunal Community Leader Unknown vereda san José los azules Chocó Carmen del JOSÉ FRANCISCO VALDIRI Territorio Colectivo de Peasant Leader Paramilitaries Darien Curvaradó Córdoba Montelibano Nelida del Carmen Fuen- Pueblo Indígena Zenú Indigenous Leader Los Urabeños tes Hernandez Córdoba Monteria Luis Diaz Villa SINTRAUNICOL Union Leader Unknown Córdoba Tierralta Neburubi Chamarra Pueblo Indígena Embera Indigenous Leader Unknown Córdoba Planeta Rica José Gaspar AFROVIDES Indigenous Leader Unknown Córdoba Ayapel HErnán LopERNÁN LÓPEZ Asociación de Minero de Union Leader Unknown RIVERA Ayapel Córdoba Córdoba Ayapel MARTHA GAIBAO Asociación de Despla- Victims Leader Unknown zados de la Apartada ASODESLAP Distrito Bogotá PEDRO MARTÍNEZ ARÉVALO Junta de Acción Comunal Community Leader Unknown Capital de Rincón el Valle Nariño Barbacoas Bolivar Guanga UNIPA Indigenous Leader Paramilitaries Nariño Pasto John Edison Ramírez Fundación de Género LGBT Leader Unknown Salazar Trans del Sur Norte de Villa del Carlos Adrian Gallego CONAP Nororiente Victims Leader Unknown Santander rosario Putumayo San Miguel LUZ MERY ROA ROA Junta de acción comunal Community Leader Paramilitaries de la Vereda Dios Peña Putumayo Mocoa Alexa Gómez Polania Alianza de Mujeres del Victims’ Leader Unknown Putumayo - Tejedoras de vida Putumayo Mocoa Eladio Yascual Imbaquín Asociación Nacional de Peasant Leader Unknown Usuarios Campesinos- ANUC y Coordinador de la MOE Sucre San Onofre ANTONIO MENDOZA MO- Asociación de Desplaza- Land Restitution Unknown RALES dos de San Onofre y Los Leader Montes de María Tolima Chaparral HÉCTOR OROZCO Asociación de Trabajado- Peasant Leader Unknown res Campesina del Tolima – ASTRACATOL Tolima Chaparral GILDARDO GARCÍA Asociación de Trabajado- Peasant Leader Unknown res Campesina del Tolima – ASTRACATOL Valle del B/ventura HUGO ULCUÉ Asociación de Cabildos Indigenous Leader Unknown Cauca Indígena del Norte del Cauca ACIN Valle del Florida Marco Antonio Casama- Pueblo Indígena Nasa Indigenous FARC Cauca chin Guinas Information System on Attacks against Human Rights Defenders 21
  • 22. Of the 49 assassinations, 86% were where 16 murders were reported. men (42 victims) and 14% were It must be remembered that the women (seven victims). two areas mentioned (Antioquia/ Córdoba and the southwest) are Antioquia was the department zones in which there have been in- most affected by the murder of credibly high levels of armed con- defenders with 17 leaders assassi- frontation, presence of legal and nated. Next were Cauca with nine; illegal armed actors, illegal econo- Córdoba with six; Putumayo with mies, and national and internatio- three; Nariño, Risaralda, Tolima, nal interests due to the exploita- Sucre, and the Valle del Cauca with tion of natural resources. two; and Chocó, Bolívar, Bogotá, and Norte de Santander with one. The defenders of human rights and social leaders are the ones There are clearly some de- who bravely confront this hostile partments and zones in the coun- context while trying to defender try that definitely need a punctual themselves as well as the rights of review. their communities. Such is the case of Antioquia Looking at the presumed respon- and Córdoba, as these two de- sible parties for the deaths of the- partments alone – which are geo- se 47 defenders, there was a large graphic neighbors – account for 23 increase in the participation of pa- murders. ramilitary groups compared to the cases reported in 2010, as well as Particularly we would like to po- an increase in the participation of int out Córdoba where only six unknown actors: attacks were reported in 2011, but all of them were murders. To close this section of the report, we would like to point out the se- Another zone worth pointing out verity of the fact that there was is southwest Colombia, including such a high number of defenders the departments of Valle del Cau- murdered in 2011, amongst those ca, Cauca, Nariño and Putumayo, the 19 indigenous victims, followed 22 CHIAROSCURO: Annual Report 2011
  • 23. by peasant, community, victims’ registered 10 threats each, and in and land restitution leaders and Meta nine were registered. defenders which add up to a total of 21 victims according to the in- Threatening pamphlets, telephone formation received at the We are calls, text messages and e-mails Defenders program. were the most common ways that the legitimate and legal work “On average during 2011, a human of human rights defenders was rights defender was assassinated threatened in 2011 according to the every eight days in Colombia.” ISAAHRD. Individual Threats Forced Disappearance The Black Eagles (Las Águilas Ne- In 2011, forced disappearances gras), Los Rastrojos, Los Urabeños, against human rights defenders Los Paisas, and United Self-defense reappeared. Forces of Colombia, among others threatened 101 leaders and defen- Six defenders were disappeared ders in Colombia in 2011. and until now there is no informa- tion about their whereabouts or Also, 26 threats from unknown lives: parties and 13 presumed to be from the National Army were re- - SANDRA VIVIANA CUELLAR gistered by the ISAAHRD. GALLEGO, 26, is an environmen- tal rights defender disappeared It is important to point out that, Thursday February 17, in the city defenders and leaders belonging of Cali. to victims’ organizations, displaced communities and land restitution - ANA JULIA RENTERIA and MI- organizations were those most GUEL SANTOS RENTERIA CAI- threatened in 2011. CEDO a married couple and com- munity leaders in the Community Our information system identified Council of the Delta of the Cajam- the Bogotá capital district as the bre River disappeared Wednesday city where the highest number of March 2, 2011, in the village of threats against human rights de- Guayabal on the Cajambre River in fenders was registered with a total Buenaventura, Valle del Cauca. of 32, followed the Valle del Cauca with 21 threats, Caquetá with 16. - JHON FREDY GARCÍA (17), RO- Atlántico, Risaralda and Sucre all BINSON TAICUS (14) and FABIO Information System on Attacks against Human Rights Defenders 23
  • 24. TAICUS (15) in the morning of the use of the legal system against 16th of September took off on defenders in which baseless pro- foot to the Indigenous Territory of cesses and judicial cases are crea- Pulgande Tronquería Palicito, and ted such as in the case of Príncipe when at the high point near the San Gabriel González Arango, a well- Juan Bautista sector by the Nambí known human rights defender in River in Nariño were detained by northeast Colombia who was de- FARC members. tained by the SIJIN and National Police in August 2011 in Pamplona, These young disappeared leaders Santander and sent to jail. had been participating in the training process for indigenous leadership This defender in 2009 received for political and community streng- the Human Rights First prize in the thening that UNIPA is carrying out United States for his work in ex- with support from UNICEF. posing the degrading treatment of political prisoners. Arbitrary Detentions and the Arbi- trary Use of the Legal System Príncipe Gabriel was detained and sent to trial in 2066, accused of It is important to highlight the in- belonging to the FARC, up against crease in the acts of arbitrary de- charges that intended to show that tention against human rights de- his work as a human rights defen- fenders that the We are Defenders der was his job for the guerrilla. program registered in 2011. Nevertheless, after 19 months of From the 11 cases registered in detention he was released when 2010, the total jumped to 23 in 2011. the 8th Circuit Judge in Bucara- manga confirmed his innocence Additionally, this form of aggres- and exonerated him of all charges. sion is the first step in the arbitrary 24 CHIAROSCURO: Annual Report 2011
  • 25. Presumed Responsible Party With regards to those responsible Members of the State Public For- for carrying out the 239 attacks ces (Police, Army, SIJIN, Prosecu- documented here, the ISAAHRD tors, etc.) appear in the registry registered paramilitaries as au- of 17% of the cases while the gue- thors in 50% of the cases, while in rrilla was responsible for 4% of 29% of the cases the author was the cases. unknown. Information System on Attacks against Human Rights Defenders 25
  • 26. Compared to 2010, we must point be seen in the number of cases out the decrease in the percentage registered. In the eyes of the We of those cases in which the respon-are Defenders program, social and sible party was unknown, which we human rights organizations as well had identified in the statistics from as their members have confronted 2010 as negative. the situations of risk with more bravery and strength, denouncing This decrease may be understood these attacks to the authorities and as a higher intent by defenders to public opinion. denounce attacks, which also can 26 CHIAROSCURO: Annual Report 2011
  • 27. Zones of Attack The map of attacks against human threats, as we previously pointed rights defenders and social leaders out. in Colombia is transforming. Bogota is the city where the hig- Situations like those of Antioquia, hest concentration of headquar- Valle del Cauca, Sucre, Atlántico, Ri- ters of social organizations and saralda and Caquetá draw attention human rights organizations wor- in that in 2010, these departments king at national level and hence the did not report such a high number threats uttered to them are recor- of aggressions and shows an im- ded in the Capital. portant increase in violence against leaders and defenders. Also the decrease in Santander is important. On the other hand, it is Also it must be pointed out that worth observing how the levels of in cities like Bogotá, attacks de- constant attacks against defenders creased from 21 cases in 2010 to in 2010 were maintained in 2011 in 35 in 2011, the large majority being places like Cauca and Meta. Information System on Attacks against Human Rights Defenders 27
  • 28. The map of attacks against human rights defenders and social leaders in Colombia 28 CHIAROSCURO: Annual Report 2011
  • 29. Collective Attacks Within this category, the ISAAGRD rights organizations were Arauca, identified 116 social and human Atlántico, Bolívar, Caldas, Meta, rights organizations as victims of Nariño, Norte de Santander, Risa- some type of attacks that put the ralda and Tolima. lives and integrity of their mem- bers at risk as well as created obs- It should be highlighted that the- tacles for their legitimate and legal re was a decrease in aggressions human rights work and defender against organizations as a whole, during 2011. dropping from 168 attacks in 2010 to 116 in 2011. Bogotá is the city that registered the highest number of social and According to the analysis by the human rights organizations attac- We are Defenders program, this ked with a total of 27 cases, fo- should be viewed with caution sin- llowed by Cauca with 21 cases. ce the individual aggressions, ma- nifested in murders for example, Chocó, Valle del Cauca, Caquetá and shot up in 2011. We conclude wo- Antioquia registered 10 cases each. rryingly that those who attack hu- man rights defenders in Colombia Other departments that registered moved from the realm of threats attacks against social and human to that of action. Information System on Attacks against Human Rights Defenders 29
  • 30. General Conclusions To conclude starting with the analy- the same period leads us to conclude sis of the statistics from the Infor- that there exists a significant chan- mation System on Attacks against ge in those targeted in the attacks, Human Rights Defenders – ISAAHRD which makes these attacks much – from 2011, we in the program We more specific and less public. are Defenders conclude that: - The fact that 50% of the cases re- - There was an important increase ported were presumably carried out of 36% in individual attacks against by paramilitary groups is an indica- defenders compared with 2010. tor that these continue to act wi- thout any control. - On average, a human rights de- fender was assassinated every eight The threat of paramilitary groups days in Colombia in 2011. for human rights defenders and so- cial leaders increased significantly in - The 49 social leaders and human 2011. rights defenders assassinated in 2011 put into question the Protection - After a revision of the cases, we System of the National Government were able to determine that there and are an indicator that despite the was a notable intention by the orga- change in political tone from the nizations to denounce violent acts, national government and the new even in complicated areas such as norms for protection, human rights Antioquia, Cauca and Córdoba. Part defenders and social leaders con- of the increase in the statistics can be tinue to be exposed to will of their attributed to this. attackers. - An increase in attacks against so- - The decrease in the number of cial and human rights leaders and attacks against human rights organi- organizations as well as displaced zations between 2010 and 2011, and persons organizations and leaders the increase in individual attacks in was evident in the context of the 30 CHIAROSCURO: Annual Report 2011
  • 31. land restitution process, truth, justi- under the guise of the now-dis- ce and reparation, land defense and mantled Administrative Security victims- and indigenous-related ac- Department – DAS in Spanish. tivities. This situation is worrying as many - We would like to call attention to of the former DAS officials passed to the terrible situation that indigenous this new government agency UNP defenders suffered in 2011, as we re- and there does not exist any cer- gistered the murder of 19 of them. tainty as to whether these officials participated in illegal wire-tapping - The statistics show the existing actions or espionage against human distance between the reality of the rights defenders. regions in Colombia and the effecti- veness of the recent preventive and - The We are Defenders program protective policies formulated by also is making a special call for at- the authorities. tention to the new stigmatizations occurring towards the end of 2011 We at the We are Defenders program against social organizations and hu- note that the protection provided by man rights defenders which repre- the State still is incipient despite the sent or support victims taking part normative advances. in reparation of land restitution pro- cesses. - We are also calling on the National Public Prosecutors Office so that it These new stigmatizations have reveal what investigations related come from high government offi- to attacks against social leaders and cials who work under the responsi- human rights defenders it has ca- bility of the President. rried out, as has been demanded in the Human Rights, Peace and Deve- We should remember that these lopment Platforms as parte of the type of statements can be interpre- National Table of Guarantees. ted by armed actors (both legal and illegal) as an order to attack human - The UNP assumed protection res- rights defenders and leaders in the ponsibilities that were previously country. Information System on Attacks against Human Rights Defenders 31
  • 32. 32 CHIAROSCURO: Annual Report 2011