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Parallel Report to the Fifth Report of the Colombian PARALLEL REPORT TO THE FIFTH REPORT OF THE COLOMBIAN STATE TO COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (E./C.12/COL/5) Foto portada: Jhon Alexander Chica Pequeño gran agricultor. Escuela Nacional Sindical PARALLEL REPORT TO THE FIFTH REPORT OF THE COLOMBIAN STATE TO COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (E./C.12/COL/5) PARALLEL REPORT TO THE COLOMBIAN STATE’S FIFTH REPORT OT THE COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS Colombian Platform for Human Rights, Democracy and Development Technical Secretary Coporación Cactus Cra. 25 No. 51 – 37 oficina 301 Telephone Nos.(571) 3458329 – 3458349 – 2555073 [email protected] www.plataforma-colombiana.org Authors: Various Proof reading: Academic Committee made up by: Jomary Ortegón Osorio – Colectivo de Abogados José Alvear Restrepo Angel Libardo Herreño – Instituto Latinoamericano de Servicios Legales Alternativos Felipe Galvis – Comisión Colombiana de Juristas Juan Carlos Morales – Campaña por el derecho a la alimentación PCDHDD Liubka Buitrago - Corporación de Investigación y Acción Social y Económica CIASE Milton Fernando López Ruiz – Fundación Foro Nacional por Colombia With the collaboration of: Alejandro Mantilla Operational Coordinator: Luz Marina Mora Translation: Gearóid Ó Loingsigh Design and layout: www.carlosalguien.com Printed by: Gente Nueva Editorial This publication is of an educational nature and its sale is forbidden. Its total or partial reproduction is permitted in any format, mechanical or digital provided that its content is not modified, the authorship is recognized and this note is included Bogotá D.C. March 2010 Printed in Colombia TABLE OF CONTENTS Executive Summary 7 Presentation 21 ANALYSIS OF SOME RIGHTS GUARANTEED BY THE ICESCR 31 The Right to Health and Social Security (Arts. 9 & 12 of the ICESCR) 33 The Rights to Work and in the Workplace (Arts. 6 & 7 of the ICESCR) 57 The Right to Food (Art 11 of the ICESCR) 75 The Right to Education (Arts. 13 & 14 of the ICESCR) 89 The Right to Housing (Art. 11 of the ICESCR) 105 Chronicles A step backwards: no food policy 123 The school place suffers in the armed conflict 125 Sour Sugar -impact of Associated Work Cooperatives CTA- 127 Who surrounds the mayor? The right to housing of the displaced population 131 “If a an indigent person gets HIV, what are they going to seize?” 135 ANALYSIS OF POPULATIONAL SITUATIONS Peasantry 143 Indigenous Peoples 157 Afro-descendent and Raizal and Palanquero 177 Women 191 Children 205 LGBT Population 219 Population in a situation of forced displacement 231 III Conclusions and Recommendations 253 Appendix: Report on the economic, social and cultural rights of the indigenous and black communities of the Colombian Pacific Coast 263 III CIVIL SOciETY ALTERNAtiVE REPORT TO THE COMMittEE ON EcONOMic, SOciAL AND CULTURAL RiGHTS EXECUtiVE SUMMARY* INTRODUCT I ON 1. The report presented herewith is the product of the combined effort of a vari- ety of social, academic, union and human rights organisations from Colombian civil society that work in the monitoring of economic, social and cultural rights (ESCR hereafter), and the monitoring of state adherence to obligations derived from its ratification of the International Covenant of Economic, Social and Cul- tural Rights (ICESCR hereafter), in the Republic of Colombia. 2. This report focuses principally on the 2001-2006 period, but it makes relevant references to the effects of follow-up and measurement of progressivity, to decisions, adherence to norms and current practices up until March 2009. It is principally based on official figures, but it also uses data from the United Nations system and data collected by human rights and academic organisations which monitor the ESCR situation in Colombia. It also includes references to the press, specialised magazines and indicators of ESCR violations. I. THE GENERAL PANORAMA OF ECONOM I C , SOC I AL AND CULTURAL R I GHTS IN COLOMB I A * En: http://www2.ohchr.org/english/bodies/cescr/ 3. Colombia has a total area of 2,078,408 square kilometres; 44 million inhabit- docs/ngos/PCDHDD_Colombia_CESCR42. ants (51.2% women and 48.8%men); 3.4% of the population define themselves pdf Pre-Sessional Working Group, 25-29 May 2009. 1 as indigenous and 10.6% define themselves as afrocolombian. 1 National Statistics Department, Dane, National Census 2005. 2 According to Article 93 of the Political Consti- 4. The Colombian state ratified the International Covenant on Economic, Social tution of Colombia “international treaties and agreements ratified by the Congress, which and Cultural Rights and has committed to verification of its obligations by the recognise human rights and which prohibit their limitation in exceptional circumstances, Committee of the Covenant. In accordance with the Political Constitution of take prevalence in internal order. The rights and Colombia,2 (Article 93) international human rights instruments ratified by the responsibilities consecrated in this charter will be interpreted in conformity with international state form part of the political charter. human rights treaties ratified by Colombia.” 6 3 Information taken from the Consultancy for Hu- man Rights and Forced Displacement, CODHES, 5. Colombia has been experiencing an internal armed conflict for more than available at: www.codhes.org/Publicaciones/ four decades. This situation has generated a serious human rights crisis which infocartagena.pdf (accessed 8 March 2008). 4 In this regard, see: Ricardo Bonilla and Jorge is demonstrated by the problems of forced displacement and internal refugees. Iván González (coordinators), “Bien-estar y macroeconomía 2002-2006: el crecimiento The country is considered to have the world’s second largest internally displaced inequitativo no es sostenible” (“Wellbeing and population. It is estimated at four million, or 9% of the national population.3 Macroeconomy 2002-2006: Inequitative Growth Is Not Sustainable”), Bogotá, CID, National University of Colombia, General Comptroller of the Republic, 2006, p 37. 6. Colombia has the second highest level of inequality of income distribution in 5 National Statistics Department, Dane, National the region, with a Gini coefficient of 0.576.4 The design of the tributary system Census 2005. 6 Colombian Institute for Family Wellbeing, is clearly regressive, placing emphasis on indirect taxes levied on those who National Survey of the Nutritional Situation in Colombia 2005, Bogotá. Colombian Institute earn less and the extension of exonerations to the sectors with highest earnings. for Family Wellbeing, 2007, pp 323, 243, 245. Reforms to the transfer regime (Legislative Act 01 of 2001 and Legislative Act 7 National Union School, “La coyuntura laboral y sindical, hechos y cifras más relevantes” (“The 011 of 2006) intensified this situation by drastically reducing the amount of Labour And Union Situation, Significant Facts And Figures”). http://www.ens.org.co/aa/img_u resources afforded to health, education and potable water. In 2005 the reduc- pload/45bdec76fa6b8848acf029430d10bb5a/ tion was 0.6% of GDP, in 2006 1.1% of GDP, while in 2007 a drop of 1.3% of INFORME_COYUNTURA_LABORAL_Y_SINDI- CAL_2007_2008.pdf GDP was recorded. This demonstrates a sustained regression in the destination 8 Ibid. 9 Data from the Economic Commission for Latin of resources to health, education and potable water. It is calculated that in the America and the Caribbean, CEPAL. 2008-2016 period between 66.2 and 76.6 billion pesos will cease to be invested in these areas. 7. According to official figures, 27.7% of the population suffers Unsatisfied Basic Needs.5 Some 40.8% of Colombian homes suffer food insecurity, while more than 20% of boys and girls under five suffer malnutrition, 63.7% of the population experiences energy deficiencies and 36% suffers protein deficiency.6 8. Colombia has the highest number of crimes against union members in the world. In the last 22 years some 2,667 union activists have been murdered. With regard to homicides, it is calculated that the rise in the number of union activists killed went up 71.4% between May 2007 and April 2008.7 9. The rate of illiteracy is 8.6%. It is calculated that 20% of the young population (2,509,257 boys, girls and youths) is not included in the school system. Barely 34.1% of the population between 5 and 17 enjoys full access to the right to good quality education.8 Colombia is the only country in Latin America where primary education is not free. 10. Rights violations in the world of work are becoming more marked. With regard to unemployment, Colombia shows a level of 11.6%,9 well above to the average for the region, which stands at 8%. The state has not developed a public policy aimed at creating employment, while decent work is increasingly scarce. 11. At the moment, the quantative deficit of housing, that is to say the lack of buildings to accommodate homes, translates into a shortfall of 1.76 million households. The qualitative deficit, meanwhile, is equally dramatic, with 29.6% 7 of households lacking basic services, while 19% of constructions built from inadequate materials.10 Despite the explicit prohibition of forced eviction under international law, this practice is commonplace, particularly against families which have taken on mortgage debts with the banking system. 12. The concentration of land ownership is very high and continues to intensify. Just 0.43% of landowners hold the titles to 62.9% of rural property, while 57.87% hold just 1.66%.11 Despite the recommendations formulated by the ICESCR Committee with regard to agrarian reform, in Colombia a process of agrarian counterreform is being implemented through a combination of legal and illegal measures. II. THE R I GHT TO HEALTH AND SOC I AL SECUR I TY (ART I CLES 9 AND 12 OF THE ICESCR) 13. After a decade and a half of implementation in the health system, the bal- ance of its application has been negative.
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