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Informe Somos Defensores 2011 (en inglés)


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Informe Somos Defensores 2011 (en inglés)

  1. 1. Calle 19 No. 4-88 Oficina 1302 Bogotá D.C. – Colombia. Tel: (051) 3804380 / 2012The Non-governmental program for the Protection of Human Rights defenders – We are Defenders, isa 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 theorganizations 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 Guaranteesfor 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. 2 CHIAROSCURO: Annual Report 2011
  3. 3. Presentation2011 was a year of contrasts. At the beginning of the year, the Colom-bian government created great expectations in the country, especiallyin the political, human rights and social sectors, with its tone of concilia-tion and inclusive political thought. Additionally, towards the end of theyear, a new and robust normative package reorganized the executive torespond to the challenge of integrally protecting social leaders, humanrights 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 evidenttendency 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 CitizenSecurity, the dismantling of the DAS and the judicial processes againstthose responsible for illegal wiretapping, the discussions about militaryjurisdiction, the almost unstoppable advance of the mining locomotiveand the new stigmatizations against social and human rights organiza-tions by high government officials, all were part of the national scenewhich human rights defenders faced in order to make their rights, andthose 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 strongerand in some zones of the country is practically out of control. The go-vernment continues to qualify this rearming as ‘isolated violence’ fromcriminal bands – BACRIM for short in Spanish – associated to drug tra-fficking. Information System on Attacks against Human Rights Defenders 3
  4. 4. In short, for human rights defenders 2011 was a contradictory year. The-refore this annual report for the year 2011 from the Information Systemof Aggressions against Human Rights Defenders – ISAAHRD – from theWe are Defenders program, looks to give a complementary look at thenational scene, which will allow different groups inside and outside Co-lombia to have some elements to evaluate just how true the changes inour country regarding human rights and their defenders are.Just as a preview to what this report will divulge, human rights defenderswere 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 toprotect those who defend our human rights? Where is the prosperity forhuman 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 inprotection and communication in 2011.Our most sincere thanks go to the Norwegian Embassy, the Germaninternational cooperation agency MISEREOR, FASTENOPHER, AmnestyInternational, 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 humanrights, 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 throughoutall of 2011.1 This Protection Table in Colombia, created in 2009, is the fruit of an alliance between Social Action and Thinking (Colombia) and ProtectionInternational (Brussels). 4 CHIAROSCURO: Annual Report 2011
  5. 5. CHIAROSCURO:Politics and the Protection of Hu- recognized the work of humanman 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 declarationsintegrally protect the lives of the from the Ministers of the Interiormen and women who defend hu- and of Agriculture who expressedman rights in Colombia. their decision to respect and pro- tect victims who were looking toSpaces like the National Table of get their land back, representedGuarantees, where the gover- a different position compared tonment and representatives of that of the previous national go-social and human rights organi- vernment. In departments such aszations have been in discussions Nariño and Santander, the gover-since 2010 about the physical and nors sent out positive institutionalpolitical security of human rights messages regarding the role of de-defenders, have advanced but not fenders in the rhythm desired. Both thegovernment and civil society or- These public demonstrations ledganizations have centered their at- one to think that the relationshiptention on the search for political was going down a good road andguarantees using this table to dis- that real respect, justice, and pro-cuss critical issues such as preven- tection would go from words totion, investigation and protection. reality.In a preliminary balance on this But the murder of social leader Anaprocess carried out in May 2011, Fabricia Córdoba and the attacksthe change of national govern- against more than 100 defendersment had had favorable effects as in the first six months of the yearnational level government officials arose doubts in the usefulness ofand some regional ones as well had the process. Information System on Attacks against Human Rights Defenders 5
  6. 6. Therefore in June the dialogue was defenders. While at the same time,suspended until concrete means to exhaustive investigations basedguarantee the legitimate exercise on testimonies from demobilizedof 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 organizationdialogues the government im- CREDHOS and Winston Gallegoplemented in August 2011 a new Pamplona from the Corporationstrategy (carrying out 14 regional Sumapaz, Carmelo Agamez fromcommittees 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, justProcess 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 haveLet’s see why: not allowed the Guarantee process to have the desired results and- The official declarations after 2011 show that human rights defendershave been the responsibility of mi- in Colombia continue to be expo-nister Germán Vargas Lleras who sed to situations of extreme the reactivation of the processof guarantees carried out in Cauca, The statistics in this report are justand in two RCERs, one in Barran- an example of this dangerous rea-quilla and another Bogotá, recog- lity.nized the work of human rightsdefenders and social leaders and Wave of Stigmatizationswarned 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 fromof statements very positively. high public officials against natio- nal and international organizations- Nevertheless, the process conti- that both defend human rights andnues to have numerous problems, support the reparation and landsuch 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 moregations being carried out into the difficult at least on a political level,aggressions against human rights 6 CHIAROSCURO: Annual Report 2011
  7. 7. Such is the case of the José Al- This perspective has been consoli-vear Restrepo Lawyers Collective dated with the creation of the newand the public accusations against Agency for the Judicial Defense ofthem 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 thanpán, Meta, which was carried out 260,000 judicial processes whoseby paramilitaries with the support economic pretensions total morefrom 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 fileddisplacement of peasants from the by human rights organizations inLas Pavas farm who currently are representation of the victims ofdemanding 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 toas having made ‘businesses’ based protect national finances, it also ison lies, which then caused a pu- a state responsibility to respond toblic stigmatization of victims who the failures in terms of protectionwere 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 be overcome due to the tone ofthe new government, opened the Investigations against the DASdoor for political and armed actorsfrom the extreme right to consi- In a different vein, in 2011, impor-der as unviable the government tant investigations were carriedpolicies such as the Victims’ law out by the Colombian justice sys-and land restitution, and to give su- tem against ex officials from thepport to new attacks against social previous government, who wereand human rights organizations. presumably responsible for illegal wire-tapping carried out by the2 Information System on Attacks against Human Rights Defenders 7
  8. 8. DAS, and of which various human judicial officials, journalists andrights defenders were victims. human rights defenders, recent reports and international visits toCases like the sentencing to 25 Colombia show how this form ofyears 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 afessor and human rights defender new intelligence law, Law 263 ofAlfredo Correa de Andreis and also 2011, whose principle content hasthe ex secretary of the President’s to do with the mechanisms for theoffice, Bernardo Moreno, who is in advancement of the correction,jail for the investigation being ca- updating and removal of datarried out against him for his par- process in each one of the inte-ticipation in illegal wire-taps, are lligence organisms; proceduresboth examples of these judicial for the creation and passing ofprocesses. reports to the organisms that ca- rry out intelligence and counter-Additionally another case is that of intelligence activities; the creationan ex director of the DAS, María del of an commission of assessmentPilar Hurtado, who is currently in for the depuration of intelligen-Panamá after being granted asylum ce databases and archives whichand 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 thethat she respond to the charges of depuration of intelligence andgrave accessory to criminal activi- counterintelligence databases andty, abuse of public position, grave archives.violation in communications, andideological falsehood in a public According to the opinion of thedocument, for which she is char- human rights organizations inter-ged as a coauthor. viewed, this new law has no real substantial variations comparedHurtado completes the barrage of to the previous law, but on theofficials investigated for carrying contrary, it has elements that areout 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 ofNevertheless, despite the investi- control and the limitations on thegations against those who illegally mechanisms of guarantees.intercepted communications from 8 CHIAROSCURO: Annual Report 2011
  9. 9. The commission proposed for the ties and that there has been no ad-depuration of archives is transi- vances in finding and trying thosetory and only can formulate re- responsible.”4commendations.”3 The political situation for the exer-In the same vein, it is important to cise of human rights in Colombiaremember the findings of the Inter- can be catalogued as a ‘chiaroscu-national Mission for the Verification ro,’ difficultly navigating betweenof 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 stigmatizationall over the world, who stated after that originates from high publicfollowing 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 whohave received consistently, recently daily and almost anonymously riskand in all of the regions visited their lives to defend their rightsabout 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 muchWe have learned as well during our promised ‘prosperity’ for the de-visits to the regions that these ca- fense of human rights in Colombiases are systematically labeled as does not continue to arrive toonormal ‘robbery’ by the authori- late.3 Human Rights Defenders in Colombia: How is the Government protecting their rights? International Service For Human Rigths. 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” Information System on Attacks against Human Rights Defenders 9
  10. 10. New NormativeView of Protectionin ColombiaAs was mentioned earlier in this and territorial level to promote theannual report, 2011 was a year of respect and guarantee of humanchanges, 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 governmenthuman rights defenders, unionists, created the National Unit of Pro-journalists and other persons in tection – UNP in Spanish – throughrisk of attacks due to their work the decree 4065 of 2011.for peace, human rights and theirsacred constitutional rights. This is a special administrative unit on the national level whose objec-Last year the national government tive is “to articulate, coordinateunder responsibility of the Mi- and execute the service of protec-nister of the Interior created and tion to those whom the nationalorganized the National System of government determines by virtueHuman Rights and International of their activities, conditions orHumanitarian Law, and modified political, public, social, humanita-the Inter-sector Commission of rian, cultural, ethnic, gender, asHuman Rights and International victim of violence, displaced orHumanitarian Law through Decree human rights defender status is in4100 of 2011. a situation of extraordinary or ex- treme risk of suffering an attackWith this decree the government against their life, integrity, libertyprocured the articulation of gui- and/or personal security or due todelines on measures for the pre- the exercise of a public position orvention, attention, assistance and other activities that can generateintegral reparation of the victims extraordinary risk, such as being aof 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. 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 underof Protection for Victims and Wit- jurisdiction of the now dismantlednesses of the Justice and Peace Law DAS, but will also receive at leastare 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 throughthe decree 4912 of 2011, the “Pre- - The decree fuses the mechanismsvention and Protection of the of protection for public officialsrights 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 Ministryof the Interior and the National - The decree establishes two kindsProtection Unit” Program was or- of measures: prevention and pro-ganized. tection, depending on the level of risk, and includes preventive andThis 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 contingencyascribed 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 onlythe National Police previously did. The protective measures includeThis 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 temporaryValuation 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 terms5 Minister of the Interior. Decree 4065 of 2011 Information System on Attacks against Human Rights Defenders 11
  12. 12. of protection. The creation of de- se cases. It also must monitor thepartmental protection units that measures implemented.look to contribute to the decen-tralization of the effective respon- These functions were previouslyse from the State in terms of pro- part of the protection team of thetection. Ministry of the Interior’s Human Rights Office.- The decree allows for the possi-bility of hiring private companies - Psychological assistance will beat the same time that public ser- provided when the persons whovices are received, but that these need protection required it.companies must operate withinthe schematics that will be laid out - In the risk evaluation, reports byunder the Ministry of the Interior, social and human rights organiza-even though in reality they were tions will be taken into account asjust transferred from the old DAS. supports to assess risk.- The decree creates a protection - The risk evaluation reports willsub-direction in charge of execu- be presented to the REMRC for theting 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 maintainedwith private companies to have as well as the representation of themobile bodyguards are over. Star- beneficiary organizations.ting January 1, 2012 a group of bo-dyguards connected directly to the Other NormsUNP 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 tomunities, 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 rightsThe Unit will have to support pre- defenders to carry out their work.ventive actions that the Ministryof the Interior carries out as well On the other hand, the Ministryas other competent entities in the- of Agriculture and Rural Develo- 12 CHIAROSCURO: Annual Report 2011
  13. 13. pment, under the Victims’ Law committed to finding the truth, as(Law 1448 of 2011), issued the well as more objective, impartialMinisterial 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 largethreatened due to the exponential normative package created by theincrease of murders and threats Colombian government regardingagainst leaders demanding their protection, one would think thatlands be returned to them. the situation of aggression against human rights defenders would beFinally, the National Public decreasing, or that the work ofProsecutor’s Direction emitted protection by the State would beMemo No. 30 of 2011, with which much stronger, which would bethe Direction determines the ‘in- reflected in lives saved, and threatsvestigative strategies in the cases against and the uprooting of hu-carried out against human rights man rights defenders avoided.defenders.” The document looksto create better practices with re- Nevertheless, the reality in the re-gards to judicial operations in order gions outside of Bogotá is exactlythat the investigations are more the opposite. Information System on Attacks against Human Rights Defenders 13
  14. 14. 14 CHIAROSCURO: Annual Report 2011
  15. 15. Annual Report 2011 Information System on Attacks against Human Rights Defenders – ISAAHRDAccording to the registry of the of aggressions as well as 116 socialInformation System on Attacks and human rights organizationsagainst Human Rights Defenders were victims of some type of ag-– ISAAHRD – from the non-gover- gression that put the lives of theirnmental program for the defense members in risk and created obs-of human rights defenders We are tacles to their legitimate and legalDefenders,6 during 2011, 239 hu- work of defending human rights inman 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 organizationsand NGOs that report cases to the program. Information System on Attacks against Human Rights Defenders 15
  16. 16. INDIVIDUALAGGRESSIONSThe We are Defenders program has When we refer to the statistics ofregistered with extreme worry an aggression per month, we see thatincrease of 36% in individual attacks the highest number of cases registe-against human rights defenders red occurred in February 2011 withcompared to 2010. Between January 54 cases, or 23% and in March withand December 2010, the Informa- 32 cases, for a total of 13%. Novem-tion System reported 174 defenders ber is next with 24 cases (10%), Juneattacked; 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. 17. It is just in this context of increa- Colombia in November to witnesssing attacks against human rights in the field the conditions of defen-defenders and social leaders that ding human rights in eight regionsthe 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, amongstse that even though there were them representatives, jurists andpermanent dialogues between ci- human rights activists, all invitedvil society, national government by the National and Internationaland international accompaniment Campaign for the Right to Defendgroups, the situation continued to Human Rights in Colombia, withget worse. the intention of monitoring the report from the special delegate“Defenders, indigenous and vic- on the situation of human rightstims 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 preliminaryWashington Office on Latin Ameri- report8:ca (WOLA), Latin America WorkingGroup, Center for Justice and In- - The attacks against defendersternational Law, Center for Inter- continue to remain in impunity.national Policy in the United Statesy Amnesty International in Europe - The protection that leaders andhave stated that the threats, assas- defenders receive is inadequate.sinations and attacks continue inColombia against those who de- - The stigmatizations continuefend human rights.7 against those who defend human rights.In the second half of the year, andas a result of the critical situation - There is evidence that state inte-during the first half of the year, an lligence organisms continue to beinternational commission visited used against defenders.7 Information System on Attacks against Human Rights Defenders 17
  18. 18. - The legal persecution of defenders as well as the annual reports byis a mechanism that continues to be Front Line Defenders10 and Humanimplemented to mitigate their work. Rights Watch.11Many 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% againstfor Human Rights in January 20129 women.When looking at the historic trends The information registered inof the statistics of attacks registe-2011 shows seven types of attacksred by the ISAAHRD, we can see against defenders in Colombia:that in the last three years, the assassination, threats, physicalattacks 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% forcedinformation that in previous years disappearances, and 1% for bothwas very difficult to obtain due to other injuries and the arbitrary usethe high levels of violence and the of the legal system.fear that leaders and defendersfrom the regions suffered, which Compared to 2010, the programlead to a fear of denunciations due points to the cases of extremeto reprisals. worry that the increase of threats (109 to 140), assassinations (32 to9 18 CHIAROSCURO: Annual Report 2011
  19. 19. 49), arbitrary detentions (11 to 23) “On average in 2011, a humanand the reappearance of forced di- rights defender was attackedsappearances represent. every 36 hours in Colombia” Information System on Attacks against Human Rights Defenders 19
  20. 20. Assassination of human rights de- crossed the limit. According to thefenders 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 mayfenders has not stopped, 2011 was not be forgotten and so that justicethe year in which the statistics be applied, continue:Department Municipality Victimg Organization Type of Defender Presumed ResponsibleAntioquia Itaguí RICARDO ALBERTO SIERRA Defensoría del Pueblo Land restitution Unknown leaderAntioquia Medellín CARLOS ANDRES VALENCIA Estudiantes Universidad Student Leader Unknown de AntioquiaAntioquia Medellín DAVID DE JESÚS GOEZ Asociación de Víctimas Land restitution Unknown RODRÍGUEZ ASOVIRESTIBI leaderAntioquia Carmen de WILLIAM ANDRES ALVARES Junta de acción comunal Community Leader Unknown Viboral OROZCO de la Vereda la cristalinaAntioquia Zaragoza LUÍS HERNÁNDEZ TORRES Asociación de Cabildos Indigenous Leader Paramilitaries Indígenas SenúAntioquia Zaragoza JORGE MEJÍA ESTRADA Asociación de Cabildos Indigenous Leader Paramilitaries Indígenas SenúAntioquia Zaragoza STIVEN ALBERTO MEJÍA Asociación de Cabildos Indigenous Leader Paramilitaries BEDOYA Indígenas SenúAntioquia Zaragoza JUAN CAMILO MEJÍA BEDOYA Asociación de Cabildos Indigenous Leader Paramilitaries Indígenas SenúAntioquia Zaragoza LEXTER ENRIQUE GRACIANO Asociación de Cabildos Indigenous Leader Paramilitaries PÉREZ Indígenas SenúAntioquia 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 cristalinaAntioquia 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 AntioquiaAntioquia Vigía del Fabio Domicó Organización Indígena de Indigenous Leader FARC Fuerte AntioquiaAntioquia Taraza Fredy Jiménez ASOCBAC Community Leader ParamilitariesAntioquia Urrao Brocardo Antonio Sala- Vereda Orobugo Medio Community Leader FARC zar GaviriaAntioquia Segovia Dora LilianDora Liliana SINTRAOFAN Union Leader Unknown Ochoa SernaBolívar Turbaco Keila Esther Berrio Liga de Mujeres Despla- Womens’ Leader Others Almanza zadasCaldas Marmato José Reinel Restrepo JHS. Parroquia de Marmato Religious Leader UnknownCauca Santander de EFRAIN VELASCO VALENCIA Asociación de Cabildos Indigenous Leader Unknown Quilichao Indígena del Norte del Cauca ACINCauca Tacueyo EDGAR FABIÁN SILVA IPIA Asociación de Cabildos Indigenous Leader Public Forces Indígena del Norte del Cauca ACINCauca Tacueyo MANUEL IPIA Asociación de Cabildos Indigenous Leader Public Forces Indígena del Norte del Cauca ACIN 20 CHIAROSCURO: Annual Report 2011
  21. 21. Cauca Cajibío SILVESTRE IPIA Movimiento Campesino Peasant Leader Unknown de CajibioCauca Santander de Luis Ever Casamachin Pueblo Indígena Nasa Indigenous Leader Paramilitaries Quilichao YuleCauca Guapi Jose Maria Cadena Consejo Comunitario Afro-Colombian Paramilitaries Guapi Bajo LeaderCauca El Tambo Luis Eduardo Garcia Confederación Agrosolida- Community Leader Unknown Solarte ria and Casa de la Juventud del Tambo, CaucaCauca Jambaló Rubén Darío Taquinaz Pueblo Indígena Nasa Indigenous Leader FARCCauca Santa Rosa Dagoberto Montilla Junta de Acción Comunal Community Leader Unknown vereda san José los azulesChocó Carmen del JOSÉ FRANCISCO VALDIRI Territorio Colectivo de Peasant Leader Paramilitaries Darien CurvaradóCórdoba Montelibano Nelida del Carmen Fuen- Pueblo Indígena Zenú Indigenous Leader Los Urabeños tes HernandezCórdoba Monteria Luis Diaz Villa SINTRAUNICOL Union Leader UnknownCórdoba Tierralta Neburubi Chamarra Pueblo Indígena Embera Indigenous Leader UnknownCórdoba Planeta Rica José Gaspar AFROVIDES Indigenous Leader UnknownCórdoba Ayapel HErnán LopERNÁN LÓPEZ Asociación de Minero de Union Leader Unknown RIVERA Ayapel CórdobaCórdoba Ayapel MARTHA GAIBAO Asociación de Despla- Victims Leader Unknown zados de la Apartada ASODESLAPDistrito Bogotá PEDRO MARTÍNEZ ARÉVALO Junta de Acción Comunal Community Leader UnknownCapital de Rincón el ValleNariño Barbacoas Bolivar Guanga UNIPA Indigenous Leader ParamilitariesNariño Pasto John Edison Ramírez Fundación de Género LGBT Leader Unknown Salazar Trans del SurNorte de Villa del Carlos Adrian Gallego CONAP Nororiente Victims Leader UnknownSantander rosarioPutumayo San Miguel LUZ MERY ROA ROA Junta de acción comunal Community Leader Paramilitaries de la Vereda Dios PeñaPutumayo Mocoa Alexa Gómez Polania Alianza de Mujeres del Victims’ Leader Unknown Putumayo - Tejedoras de vidaPutumayo Mocoa Eladio Yascual Imbaquín Asociación Nacional de Peasant Leader Unknown Usuarios Campesinos- ANUC y Coordinador de la MOESucre San Onofre ANTONIO MENDOZA MO- Asociación de Desplaza- Land Restitution Unknown RALES dos de San Onofre y Los Leader Montes de MaríaTolima Chaparral HÉCTOR OROZCO Asociación de Trabajado- Peasant Leader Unknown res Campesina del Tolima – ASTRACATOLTolima Chaparral GILDARDO GARCÍA Asociación de Trabajado- Peasant Leader Unknown res Campesina del Tolima – ASTRACATOLValle del B/ventura HUGO ULCUÉ Asociación de Cabildos Indigenous Leader UnknownCauca Indígena del Norte del Cauca ACINValle del Florida Marco Antonio Casama- Pueblo Indígena Nasa Indigenous FARCCauca chin Guinas Information System on Attacks against Human Rights Defenders 21
  22. 22. Of the 49 assassinations, 86% were where 16 murders were (42 victims) and 14% were It must be remembered that thewomen (seven victims). two areas mentioned (Antioquia/ Córdoba and the southwest) areAntioquia 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 andnated. 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 onesThere are clearly some de- who bravely confront this hostilepartments and zones in the coun- context while trying to defendertry that definitely need a punctual themselves as well as the rights ofreview. 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 largegraphic neighbors – account for 23 increase in the participation of pa-murders. ramilitary groups compared to the cases reported in 2010, as well asParticularly we would like to po- an increase in the participation ofint out Córdoba where only six unknown actors:attacks were reported in 2011, butall 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 wasis southwest Colombia, including such a high number of defendersthe departments of Valle del Cau- murdered in 2011, amongst thoseca, Cauca, Nariño and Putumayo, the 19 indigenous victims, followed22 CHIAROSCURO: Annual Report 2011
  23. 23. by peasant, community, victims’ registered 10 threats each, and inand land restitution leaders and Meta nine were registered.defenders which add up to a totalof 21 victims according to the in- Threatening pamphlets, telephoneformation received at the We are calls, text messages and e-mailsDefenders program. were the most common ways that the legitimate and legal work“On average during 2011, a human of human rights defenders wasrights defender was assassinated threatened in 2011 according to theevery eight days in Colombia.” ISAAHRD.Individual Threats Forced DisappearanceThe Black Eagles (Las Águilas Ne- In 2011, forced disappearancesgras), Los Rastrojos, Los Urabeños, against human rights defendersLos Paisas, and United Self-defense reappeared.Forces of Colombia, among othersthreatened 101 leaders and defen- Six defenders were disappearedders in Colombia in 2011. and until now there is no informa- tion about their whereabouts orAlso, 26 threats from unknown lives:parties and 13 presumed to befrom the National Army were re- - SANDRA VIVIANA CUELLARgistered by the ISAAHRD. GALLEGO, 26, is an environmen- tal rights defender disappearedIt is important to point out that, Thursday February 17, in the citydefenders and leaders belonging of victims’ organizations, displacedcommunities 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 CommunityOur information system identified Council of the Delta of the Cajam-the Bogotá capital district as the bre River disappeared Wednesdaycity where the highest number of March 2, 2011, in the village ofthreats against human rights de- Guayabal on the Cajambre River infenders was registered with a total Buenaventura, Valle del Cauca.of 32, followed the Valle del Caucawith 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. 24. TAICUS (15) in the morning of the use of the legal system against16th 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 Príncipewhen at the high point near the San Gabriel González Arango, a well-Juan Bautista sector by the Nambí known human rights defender inRiver 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 trainingprocess for indigenous leadership This defender in 2009 receivedfor political and community streng- the Human Rights First prize in thethening 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 ofIt is important to highlight the in- belonging to the FARC, up againstcrease in the acts of arbitrary de- charges that intended to show thattention 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 ofFrom the 11 cases registered in detention he was released when2010, the total jumped to 23 in 2011. the 8th Circuit Judge in Bucara- manga confirmed his innocenceAdditionally, this form of aggres- and exonerated him of all charges.sion is the first step in the arbitrary 24 CHIAROSCURO: Annual Report 2011
  25. 25. PresumedResponsiblePartyWith 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 registryregistered paramilitaries as au- of 17% of the cases while the gue-thors in 50% of the cases, while in rrilla was responsible for 4% of29% of the cases the author was the cases.unknown. Information System on Attacks against Human Rights Defenders 25
  26. 26. Compared to 2010, we must point be seen in the number of casesout the decrease in the percentage registered. In the eyes of the Weof those cases in which the respon-are Defenders program, social andsible party was unknown, which we human rights organizations as wellhad identified in the statistics from as their members have confronted2010 as negative. the situations of risk with more bravery and strength, denouncingThis decrease may be understood these attacks to the authorities andas a higher intent by defenders to public opinion.denounce attacks, which also can 26 CHIAROSCURO: Annual Report 2011
  27. 27. Zones ofAttackThe map of attacks against human threats, as we previously pointedrights defenders and social leaders 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 andsaralda and Caquetá draw attention human rights organizations wor-in that in 2010, these departments king at national level and hence thedid 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 againstleaders and defenders. Also the decrease in Santander is important. On the other hand, it isAlso it must be pointed out that worth observing how the levels ofin cities like Bogotá, attacks de- constant attacks against defenderscreased from 21 cases in 2010 to in 2010 were maintained in 2011 in35 in 2011, the large majority being places like Cauca and Meta. Information System on Attacks against Human Rights Defenders 27
  28. 28. The map of attacks against human rights defenders and social leaders in Colombia28 CHIAROSCURO: Annual Report 2011
  29. 29. CollectiveAttacksWithin 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 aggressionshuman 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 registeredthe highest number of social and According to the analysis by thehuman rights organizations attac- We are Defenders program, thisked 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 ColombiaOther departments that registered moved from the realm of threatsattacks against social and human to that of action. Information System on Attacks against Human Rights Defenders 29
  30. 30. GeneralConclusionsTo conclude starting with the analy- the same period leads us to concludesis 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 outof 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 groupsdays 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 2011put into question the Protection - After a revision of the cases, weSystem of the National Government were able to determine that thereand 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 asnorms for protection, human rights Antioquia, Cauca and Córdoba. Partdefenders and social leaders con- of the increase in the statistics can betinue 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 andattacks against human rights organi- organizations as well as displacedzations between 2010 and 2011, and persons organizations and leadersthe increase in individual attacks in was evident in the context of the 30 CHIAROSCURO: Annual Report 2011
  31. 31. land restitution process, truth, justi- under the guise of the now-dis-ce and reparation, land defense and mantled Administrative Securityvictims- 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 tothe terrible situation that indigenous this new government agency UNPdefenders 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 humandistance between the reality of the rights defenders.regions in Colombia and the effecti-veness of the recent preventive and - The We are Defenders programprotective policies formulated by also is making a special call for at-the authorities. tention to the new stigmatizations occurring towards the end of 2011We 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 partnormative advances. in reparation of land restitution pro- cesses.- We are also calling on the NationalPublic Prosecutors Office so that it These new stigmatizations havereveal 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 inthe Human Rights, Peace and Deve- We should remember that theselopment 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 theponsibilities that were previously country. Information System on Attacks against Human Rights Defenders 31
  32. 32. 32 CHIAROSCURO: Annual Report 2011