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Despite these positive developments, the number of individuals who did not
face justice for their crimes remained high. There was a lack of accountability
for state representatives guilty of human rights violations, as well as crimes
committed by non-state groups and individuals. The 2005 Justice and Peace
Law, set up to demobilise paramilitaries, has so far failed to ensure
accountability for killings or reparations for victims. Of more than 3,000
individuals facing charges under the law, only two have been convicted to
date.
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The so-called ³÷ ´ extrajudicial killings attributed to security
forces, have been one of the most high profile and disturbing human rights
abuses of the past decade in Colombia. The UN Office of the High
Commissioner for Human Rights estimated that 3,000 civilians were victims of
extrajudicial execution between 2004 and 2008. In 2009 the UN Special
Rapporteur on Extrajudicial, Summary or Arbitrary Executions described the
killings as systematic and perpetrated by significant elements within the
military, albeit there was no evidence to suggest they were carried out as a
matter of official government policy. In 2010 the Office of the Inspector -
General stated that the killings were a result of the armed forces¶ desire to
show results for military commanders and the government. This was the first
time any official body had made such a statemen t.
Extrajudicial killings have reduced significantly over the past two years and
perpetrators of past crimes have been brought to justice. According to
President Santos, 298 members of the military have been convicted so far,
though this represents only a fraction of the outstanding cases. The
international community has criticised the Colombian state for the slow speed
at which the killings have been investigated. It has also called for all
outstanding cases to be handed over from military to civilian justice and for
closed cases to be re-opened. In a meeting with Vice -Minister for Defence
Yaneth Giha on 11 January 2011, Mr Browne sought assurances that the
matter would be addressed promptly and thoroughly. The vice-minister
assured him that effectively addressing the ³÷ ´ was one of
President Santos¶s top priorities. The UN Office of the High Commissioner for
Human Rights estimates that 100 additional prosecutors and 500 more
investigators would be needed to investigate the remaining ca ses.
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The operating environment for human rights defenders and civil society
groups improved in 2010. In the past, even senior government officials had
equated their work with support for terrorist organisations. This has had
serious consequences for their safety. This changed with the election of the
new government and President Santos¶s subsequent discussions with civil
society leaders soon after his inauguration.
Our Embassy also raised a number of individual cases with the Colombian
government. For example, in December the Chargée d¶Affaires contacte d the
Presidential Programme on Human Rights to express concern for Berenice
Celeyta, president of the Association for Investigation and Social Action,
which investigates human rights abuses in Valle del Cauca , after she had
received threats against her. Following our representations, the Presidential
Programme instructed national and provincial authorities to put in place
measures to ensure the safety of members of the association. It also
instructed the relevant authorities to investigate the case.
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Journalists are subject to threats and violence in Colombia. The number of
journalists murdered for their work remained low ± one per year in both 2009
and 2010 ± but violence and intimidation continued .
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Indigenous and Afro-Colombian people continued to face significant obstacles
to the enjoyment of their human rights. They were affected severely by
threats, violence, murder and displacement. Official figures suggest 3.5
million Colombians are displaced, the majority of whom are indi genous or
Afro-Colombian.
The Awá indigenous people were affected particularly badly. The Awá¶s
ancestral homelands on the border with Ecuador are of interest to illegal
armed groups ± because of the strategic important of the location of their land
± and coca producers, as well as companies involved in mining, rubber and
palm oil cultivation and infrastructure mega -projects. As a result, the Awá
were subject to violence, threats, disappearances, forced displacement and
massacres. On 9 November, a judge in Tumaco sentenced three alleged
members of a criminal gang to 52 years in prison for the massacre in 2009 of
12 members of the Awá community. The victims included a three -year-old
child and an eight-month-old baby. Whilst it is encouraging that the st ate is
investigating crimes against the Awá and that perpetrators are being brought
to justice, the violence continues. A further four members of the community
were reportedly massacred five days before the verdicts were handed down.
Official data showed that massacres increased by 41% in 2010.
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The new Colombian government committed itself to tackling forced
displacement and started work on a new Land and Victims Law which will
provide for the restitution of land to displaced individuals and communities. In
advance of the new law the government began using existing legislation to
implement an accelerated restitution programme, ³
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certain areas of the country. On 17 January 2011 President Santos
announced that 121,000 hectares had al ready been restituted to 38,000
families. However, a huge challenge remained and there were fears that
violence would increase as beneficiaries began to return to their land. These
fears were realised on 24 November with the brutal murder of Oscar Maussa ,
leader of the Blanquicet Farmworkers¶ Cooperative and beneficiary of
protection measures granted by the Inter -American Court on Human Rights.