USAID Justice for a Sustainable Peace Activity
Quarterly Report January - March 2020
Submitted to: Nathan Strand, Contracting Officer; and Amalia Eraso, Task Order Contracting Officer Representative U.S. Agency for International Development Carrera 45 No 24 – 27 Post 2, Bogotá
Submitted by: Chemonics International Inc. April 2020
This document was produced for review by the United States Agency for International Development (USAID). It was prepared by Chemonics International Inc. for the Justice for a Sustainable Peace Activity; contract number AID- OAA-I-13-00032, Task Order No. AID-514-TO-17-00009.
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USAID Justice for a Sustainable
Peace Activity
QUARTERLY REPORT
January 2020 – March 2020
AWARD No.: AID- OAA-I-13-00032, Task Order No. AID-514-TO-17-00009
DISCLAIMER The author’s views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government.
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CONTENT ACRONYMS ...... 4 EXECUTIVE SUMMARY ...... 6 1. NATIONAL CONTEXT ...... 8 1.1 Political and Policy Context ...... 8 2. PROGRAM ACTIVITIES ...... 10 2.1. Technical Activities and Results Achieved ...... 10 Objective1: Increased Access to Justice ...... 10 Sub-objective 1.1: Increased Capacity of Justice Sector Institutions ...... 10 Sub-Objective 1.2: Increased coordination between justice actors regionally and locally ...... 15 Sub-Objective 1.3: Strengthened accessible and sustainable Justice Houses ...... 17 Sub-Objective 1.4: Effective rural justice services established ...... 18 Objective 2: Increased Citizen Support for the Rule of Law ...... 22 Citizen Education Strategy ...... 22 Political Advocacy Strategy ...... 23 Indigenous Strategy ...... 25 Afro-Colombian Strategy ...... 29 Communications Strategy ...... 30 Legal Advocacy Strategy ...... 35 Objective 3: Strengthened Judicial Responses for Victims of the Armed Conflict 36 Sub-Objective 3.1: Increased effectiveness and transparency in land restitution ...... 36 Sub-Objective 3.2: Impunity for conflict related GBV addressed ...... 39 Sub-Objective 3.3 Impunity for serious conflict-related crimes addressed ...... 48 Sub-objective 3.4 Rapid-response interventions effectively implemented ...... 50 2.2 Challenges Encountered, Proposed Solutions, and Lessons Learned ...... 59 2.4 Program Coordination ...... 62 3. OPERATIONS AND ADMINISTRATION ...... 63 ANNEX A. TABLE OF INDICATORS ANNEX B. GRANTS AND SUBCONTRACTS ANNEX C. SUCCESS STORY
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ACRONYMS
AAR Regional Anchor Stakeholders (Actores Ancla Regionales) ACONC Association of Community Councils of Northern Cauca (Asociación de Consejos Comunitarios del Norte del Cauca) ADR Alternative Dispute Resolution ANT National Land Agency (Agencia Nacional de Tierras) CCJ Colombian Commission of Jurists (Comisión Colombiana de Juristas) CEV Truth Commission (Comisión para el Esclarecimiento de la Verdad, la Convivencia y la No repetición) CNGRJ National Gender Commission of the Judicial Branch (Comisión Nacional de Género de la Rama Judicial) CSJ Superior Council of the Judiciary (Consejo Superior de la Judicatura) CSO Civil Society Organization DJC Departmental Justice Committee DNP National Planning Department (Departamento Nacional de Planeación) EJRLB Rodrigo Lara Bonilla Judicial School (Escuela Judicial Rodrigo Lara Bonilla) FGN Attorney General’s Office (Fiscalía General de la Nación) FONSECON National Fund for Security and Citizen Coexistence (Fondo Nacional de Seguridad y Convivencia Ciudadana) FIP Fundación Ideas para la Paz FY Fiscal Year GBV Gender-Based Violence HRDSL Human Rights Defenders and Social Leaders ICBF Colombian Family Welfare Institute (Instituto Colombiano de Bienestar Familiar) INMLCF National Institute of Legal Medicine and Forensic Sciences (Instituto Nacional de Medicina Legal y Ciencias Forenses) JAC Community Action Board (Junta de Acción Comunal) JEI Special Indigenous Jurisdiction (Jurisdicción Especial Indígena) JPA Special Afro-Colombian Justice (Justicia Propia Afrocolombiana) JSP Justice for a Sustainable Peace Activity LGBT Lesbian, Gay, Bisexual, and Transgender LJC Local Justice Committee LJS Local Justice System
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LRU Land Restitution Unit MEL Monitoring, evaluation and learning MJD Ministry of Justice and Law (Ministerio de Justicia y del Derecho) MJS Mobile Justice Sessions PARES Peace and Reconciliation Foundation (Fundación Paz y Reconciliación) PDEhT Development Program with a Territorial Approach (Programa de Desarrollo con Enfoque Territorial) PNCJCC National Program for Justice Houses and Citizen Coexistence (Programa Nacional de Casas de Justicia y Convivencia Ciudadana) PGN Inspector General’s Office (Procuraduría General de la Nación) PPP Public-Private Partnership RJ Restorative Justice RJC Regional Justice Committee SGR General Royalty System (Sistema General de Regalías) ToRs Terms of Reference UARIV Victim’s Unit (Unidad para la Atención y Reparación Integral a Víctimas) UBPD Search Unit for Presumably Disappeared People (Unidad de Búsqueda de Personas Dadas por Desaparecidas) UNHCHR United Nations Office of the High Commissioner for Human Rights UNP National Protection Unit (Unidad Nacional de Protección) USAID United States Agency for International Development
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EXECUTIVE SUMMARY
During the second quarter of the fiscal year 2020 (FY2020), the Justice for a Sustainable Peace (JSP) Program reached several key milestones in spite of the unforeseen challenges caused by the coronavirus (COVID-19) pandemic, which gripped Colombia early March. The quarter began with several regional planning exercises based on agreements that were forged at the end of the previous quarter. These previous efforts sought to consolidate national allies, such as Unión Temporal de Cámaras de Comercio (UTCC by its Spanish acronym) and Corpovisionarios, with Regional Anchor Actors (AAR by its Spanish acronym), as well as carry out planned activities led by grantees in each of JSP’s six regions.
In early February, JSP’s work was shared with the Ministry of Justice and Law (MJD by its Spanish acronym); MJD members were invited to participate in these activities to ensure institutional buy-in and sustainability of JSP activities moving forward, in the short, medium, and long term. Based on these commitments, JSP advanced several key results under Objective I during the quarter. Together with the Inspector General’s Office (PGN by its Spanish acronym), JSP presented the family commissioner’s reform bill before the MJD. JSP’s coordination with the MJD and National Planning Department (DNP by its Spanish acronym) during the quarter played an important role in advancing the development of public policy guidelines for local justice systems. Additionally, under the scope of Objective I, JSP’s technical assistance was instrumental in accompanying the development of departmental and municipal development plans and in establishing Local Justice Committees (LJCs) in Santander de Quilichao and Corinto in Cauca. To further support LJCs, JSP technical support aided in developing 23 LJC action plans. During the quarter, JSP also worked with the National Land Agency (ANT by its Spanish acronym) to develop a land restitution response referral pathway for Justice Houses in JSP municipalities. Finally, efforts resulting from JSP’s strategic partnership with the MJD and DNP included the launching of the public policy for the Alternative Dispute Resolution Mechanisms Toolbox.
Under Objective 2, key results highlighted during the quarter include: the successful outcomes from land issue trainings, which were based on strategic litigation, held in Cauca, Córdoba, and Chocó; and the validation of the inter-cultural training module with the Coordination of the National Judicial System and the Special Indigenous Jurisdiction (COCOIN by its Spanish acronym) as well as the first open roundtables of inter-jurisdictional coordination, which included the participation of consejos comunitarios and indigenous organizations in Tumaco. In addition, due to JSP support, effective advocacy was carried out during the development phases of the municipal development plans for youth, women and LGBT community members in Urabá, Córdoba, and Chocó. During the quarter, JSP’s technical assistance also contributed to the strengthening of consejos comunitarios in Cauca and Urabá. As part of JSP’s communications strategy, 10 film forums were held during the quarter. In addition, four forums were held to launch a journalistic guide entitled, “How to Narrate Justice in Colombia.” Also, due to JSP support, over 75 articles related to rural justice were published in Semana Rural. JSP led efforts resulting in two new partnerships of youth communications collectives, reaching a grand total of five collectives as well as the broadening of community communications. During the quarter, JSP’s efforts resulted in the launch of probono (legal) activities and the identification of cases from the first focus group carried out in Urabá. Similarly, legal clinics were launched via the Universidad del Cauca and Universidad del Rosario. JSP also supported the launching of a scholarship programs by the Universidad del Cauca.
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Regarding Objective 3, JSP’s support was instrumental in filing electronic lawsuits with the Land Restitution Unit (LRU). LRU filed 115 new land restitution-related concerns through this medium. This is important since the advance that the land restitution specialty has with the electronic filing has been acknowledged within the Superior Council of Judiciary (CSJ by its Spanish acronym) as a good practice that has been shared and disclosed by the Supreme Court of Justice which means that it can become a model for other specialties within the CSJ. During the quarter, the LRU, through JSP support, committed to advancing the implementation of this electronic tool throughout 12 regional offices. To date, this mechanism has been implemented in four regional offices. Due to JSP support, the ANT reported that 176 new land titling resolutions were issued by land restitution judges. During the quarter, together with the Red Nacional de Mujeres (RNM) and through a campaign carried out in all JSP municipalities, JSP updated and launched the ELLAS application (app). Due to these efforts, awareness was raised among 329 people on women’s rights and access to justice for GBV victims. From March 8 to March 19, the app was downloaded 1,890 times. Taking into consideration women and young girls who may be at an increased risk of gender-based violence (GBV) due to COVID-19 induced stay-at-home orders, an additional ELLAS app promotion campaign was put into action. This effort resulted in an additional 800 downloads. Furthermore, 50 journalistic articles promoting the app were published through media outlets in Colombia. During the reporting period, JSP provided technical support to the Attorney General’s Office (FGN by its Spanish acronym), who are focused on prioritizing new cases under the peer-to-peer methodology. These efforts resulted in 245 cases reviewed and 155 cases prioritized for procedural advancement within the departments of Putumayo, Cauca, and Chocó. JSP also supported the PGN by hiring a community manager responsible for updating the Lidera La Vida campaign website and social media accounts, which to date have posted 1,277 publications. By the end of the quarter, the campaign tallied 2,500 followers through its social media networks.
While the World Health Organization (WHO) declared an international health emergency in January due to the spread of COVID-19, Colombia reported its first case on March 6. This situation resulted in private and public entities taking preventative measures, most of which initiated on March 16, such as air transportation suspension guidance given by the Colombian government. Ultimately, these measures have affected traveling to JSP territories. Several actors, including the Comprehensive System of Justice, Truth, Reparation, and the Guarantee of Non-Repetition (also known as the JEP, Research Unit of Disappeared Persons, Truth Commission) and the majority of municipal governments and state entities, have decided to initiate telecommuting operations in response to the emergency conditions. By the end of March, the Colombian government decreed an obligatory preventative quarantine throughout the country, which initially lasted until April 13, 2020. Naturally, this situation deeply affects the implementation of JSP’s work plan. In light of the emergency situation, JSP began adapted to new alternatives to facilitate activity implementation led by grantees, sub-contractors and consultants in order to minimize disruption of activities impacting communities in JSP municipalities.
JSP’s review of its activities included an analysis of existing implementation mechanisms (sub- contracts, grants, and consultants) and other implementation actions, such as events, to consider if they could be implemented via virtual platforms as a way of ensuring that the program’s financial and technical results are achieved. JSP’s decision to transition to virtual-based programming took into account the challenges and considerations of JSP beneficiary communities in rural areas. These beneficiaries disproportionately face related risks given that they do not have access to effective public health systems should COVID-19 reach their communities. JSP continuously examines these challenges daily, and in the coming quarter, the Program will continue to evaluate the impact of this
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planning to ensure the safety and soundness of its programmatic action, staff, and its direct and indirect beneficiaries.
1. NATIONAL CONTEXT
During the quarter, JSP closely monitored the national government’s political and public policy developments as well as the impacts of quickly changing social dynamics at the regional level that created challenges regarding the Program’s implementation. The following provides a summary of key events which took place during the quarter, which to varying degrees directly or indirectly, affected the Program’s implementation.
1.1 Political and Policy Context
National Strikes. During the second quarter of FY2020, mass citizen strikes continued to take place across major cities in Colombia. The national strike committee, which initiated strikes in mid- November 2019, scheduled marches during January 2020 bringing forward 13 key agenda points discussed during 2019, with particular emphasis on the protection of social leaders. Also, in February, the Federación Colombiana de Trabajadores de la Educación (Fecode) carried out a national strike highlighting the continuous threats targeting teachers throughout the country made by illegal armed groups. In addition, from February 14-16, 2020, the Ejército de Liberación Nacional (ELN) announced an armed strike generating serious mobility and transportation disruptions along the Pan American Highway, namely the corridor between Cauca and Valle del Cauca.
Crimes against Human Rights Defenders and Social Leaders (HRDSL). During the quarter, the media in Colombia reported that at the beginning of the year there were increased killings of HRDSL as compared to the same time period in 2016. While the FGN has not released the latest figures of killings of HRDSLs yet, the Electoral Observation Mission1 confirms that through the end of February, there were 27 leaders killed: five political members, 18 social leaders, and 4 community leaders. Meanwhile INDEPAZ2 reported figures indicating that there were 57 leaders killed this year through March. In addition, violent acts were reported in over 45 municipalities throughout 24 departments including Putumayo, Córdoba and Cauca where development plans with a regional focus (PDETs by its Spanish acronym) are being implemented. In March, the Putumayo leader Marco Rivadeneira was killed following an event of the Protection of Life Roundtable in Puerto Asís which was carried out March 2-3. The recently published report on Colombia social leaders’ situation by the UN Office of the High Commissioner for Human Rights (UNHCHR) generated a strong government reaction by President Iván Duque. The controversy centered on the figure presented of social leaders killed in Colombia. The report underscored that the HRDSL killings were related to human rights issues, illicit cultivation substitution, land restitution, indigenous and Afro- Colombian minority rights, and attacks against community action boards (JAC by its Spanish acronym) totaling 108 killings in 2019.
Institutional Transitions among Senior Justice Sector Leadership. At the end of January, Francisco Barbosa was sworn in as the country’s Attorney General. During the quarter, JSP coordinated a meeting with the new Attorney General to advocate for the prompt advancement and attention of Program priority issues. Unfortunately, due to the COVID-19 crisis, the meeting was suspended. Also, within
1 Information accessed from the Electoral Observation Mission webpage on March 26, 2020: https://moe.org.co/informe-de-febrero-de- violencia-politica-social-y-comunal/ 2 Information accessed from the INDEPAZ webpage on March 26, 2020: http://www.indepaz.org.co/paz-al-liderazgo-social/
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the FGN, Martha Mancera was promoted to vice prosecutor which represents a favorable opportunity for JSP on advancing issues related to case management of social leaders since she has been working with JSP up until now and is now in charge of the Special Investigations Unit at the FGN. Meanwhile, Carmen Torres Malaver is now the FGN’s Delegate for Citizen Security who met with USAID and JSP in March to re-start peer-to-peer activities. Sandra Gonzalez, a prosecutor member at this Delegate’s office remained on as the coordinator for the projects led by JSP.
Also, during the quarter, a new president of the Constitutional Court was sworn in, Alberto Rojas Ríos, who was elected by eight votes in the Constitutional Court Plenary Chamber. Following the election, USAID and JSP held a meeting with the newly elected president to carry out follow-up on ongoing activities and to ensure the continuity moving forward.
Jail Uprisings and Escape Attempts in Colombia. On March 21, prisoners from various Colombian jails carried out protests against the no visiting measures put into place resulting from the COVID-19 crisis in Colombia. The MJD, the FGN and the INPEC responded quickly to this situation. The uprisings exposed various issues related to incarceration facilities such as overcrowding.
Legislative Agenda. With regards to justice reform projects, the MJD introduced a new justice reform bill focused on conditions for the selection process of magistrates in the high courts; the structure and general duties of the Superior Council of the Judiciary (CSJ by its Spanish acronym); and the judicial branch’s budget; among others. Nonetheless, given that the first round of debates to review the bill should be done before the legislature’s closing, the national government postponed its passing in Congress.
Parallel to this, the PGN, together with some CSOs, advanced the “Voice for Justice” initiative which aims to propose a justice reform bill following a series of consultations and working roundtables, including the participation of academia and other interest groups. Resulting from these roundtables, it is expected that the PGN will pass a bill through Congress which establishes mandates regarding: a) support for electronic filing; b) the establishment of a national justice system and the organization of a series of national, departmental and municipal inter-sectorial commissions supporting local justice systems; c) the identification of financial sources for justice or conflict resolution services in the regions; and d) the development of departmental planning instruments to support justice services.
Regional Security Updates. More than 1,300 people from 11 veredas of the municipality of Olaya Herrera in Nariño were displaced due to security disturbances and threats made by illegal armed groups. At the beginning of the quarter in northern Cauca, pamphlets circulated throughout the municipality of Caloto threatening with social cleansing activities and killings of people who opposed illicit cultivations. These threats were attributed to the ongoing territorial disputes led by drug cartels. Three acts of harassments targeting the army based in this municipality were also carried out. The municipalities of Caloto, Santander de Quilichao, Toribío and Corinto were also threatened by terrorist acts from dissidents of the FARC Jacobo Arenas front. In Putumayo, violence picked up at the end of January involving confrontations between FARC dissidents and the criminal band “La Constru” vying over territorial control of illicit cultivation in the municipalities of Puerto Guzmán, Puerto Leguízamo, Puerto Asís, San Miguel and Valle del Guamuez.
The deterioration of security conditions in the municipalities of Bojayá, Riosucio and Unguía during the quarter resulted in forced displacements brought about by the Autodefensas Gaitanistas de Colombia (AGC) and the Ejército de Liberación Nacional (ELN). Due to this, JSP suspended activities
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in these municipalities during the months of January and February. In Antioquia’s Bajo Cauca region, several violent acts targeting the civilian population took place. In southern Córdoba, violence also escalated with the arrival of a new AGC front known as “Bajo Sinú” to this region. Many of the JSP- supported documentation activities related to serious crimes and the application of indigenous and Afro-Colombian traditional justice were affected by the ongoing presence of illegal armed groups in rural areas, both in northern and southern departments throughout the quarter.
2. PROGRAM ACTIVITIES
2.1. Technical Activities and Results Achieved
This report is structured by objectives, sub-objectives, and results of significant developments during the quarter.
Objective1: Increased Access to Justice
Under this objective, JSP coordinates, develops, and implements activities at the national, departmental, and local levels to increase access to justice as well as to define, and strengthen the roles and responsibilities of each justice actor involved. These efforts include coordination plans for Justice Houses to address citizens’ needs and the institutionalization of Local Justice Committees (LJCs) as coordination facilitators between the institutions and the civil society in the Local Justice System (LJS). Also, JSP provides support to increase the implementation of Alternative Dispute Resolution (ADR) mechanisms and establishes strengthened and effective rural justice services in JSP municipalities. During the quarter, progress was made related to carrying out advocacy of national and departmental public policies; increasing justice budgets; increasing coordination and strengthening local justice; supporting Justice Houses; and strengthening ADR mechanisms, particularly as it relates to the toolbox implementation.
Sub-objective 1.1: Increased Capacity of Justice Sector Institutions
Regarding this sub-objective, JSP promotes: the strengthening of family commissioners; national public policies that contribute to structural transformations of key aspects of access to justice in Colombia; the increase of budget allocations for local and rural justice; and the integration of the private sector to strengthen citizen access to justice in rural areas.
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Reforming Family Commissioners’ Offices. During this quarter, with JSP support to the PGN, headway was made in finalizing a bill to reform family commissioners’ offices. This bill was presented to the PGN and the MJD at the Second National Hearing on Family Commissioners carried out on March 12 in Bogotá to initiate the legislative process. At the hearing, close to 250 people participated including family commissioners, members of Presentation of the bill to reform Family Commissioners’ Offices within the Second Congress and their research National Hearing in Bogotá on March 12, 2020. Photo: JSP Archive units, youth and women social organizations, and public entities that work with family commissioners. During the hearing, the Inspector General and the Vice-Minister for the promotion of justice from the MJD offered remarks. The MJD committed to presenting the bill to Congress, nevertheless, given the COVID-19 crisis, a scheduled date is yet to be determined.
The bill seeks to overcome legal gaps, provide clarity on the duties and regiment that regulates family commissioners, define an oversight entity, and other measures. While this bill does not resolve all the problems faced by family commissioners, it does address the priority issues of commissioners in municipalities ranked in categories 5 and 6, which is most of the country. During the Second National Hearing of Family Commissioners, the Second Superior Surveillance was presented to family commissioners which is an investigation led by the PGN and supported by JSP. This investigation validated the shortcomings raised by family commissioners which underscore the need for the bill. In the coming quarter, JSP will support the advocacy efforts to obtain approval of the bill by Congress.
Developing National Public Policy Inputs related to Local Justice Systems. During the quarter, to support the national government’s development of a public policy regarding access to justice in rural areas, JSP worked with the MJD and drafted a work plan outlining inputs to develop the policy. These inputs include an evaluation of best practices and lessons learned regarding the implementation and sustainability of the LJS in municipalities directly supported by JSP, municipalities that received previous international cooperation support, and municipalities where LJSs operate autonomously. Some of these municipalities include El Bagre (Antioquia); Puerto Rico (Meta); Tumaco (Nariño); Puerto Libertador (Córdoba). Other inputs include the development of a proposal, including legal and organizational review components, to institutionalize LJSs and LJCs as well as their track record with other coordination mechanisms at the departmental or municipal levels. In addition, a proposal will be developed to consolidate local and rural justice models with the LJSs in JSP priority municipalities as proposed by the MJD. This process is being led by three JSP consultants, of which two initiated their work during this quarter and who will submit final results by September 2020.
Regional Development Plans. During this quarter, to advocate for local and departmental public policies strengthening justice, JSP’s regional teams worked with the Regional Renovation Agency (ART by its Spanish acronym) to develop draft municipal and departmental plans. Regarding departmental
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development plans, JSP’s support contributed to plans in five departments including Cauca, Nariño, Putumayo, Chocó and Córdoba. At the municipal level, JSP supported the development of 33 municipal development plans3. The table below indicates the level of advocacy carried out to integrate JSP priority justice issues into municipal development plans. The table reflects a scale of 0 to 100 in which 0-20 is a low level, 21-40 is a medium level, and 40 and above is a high level regarding the diagnostic and strategic phases of the development process. JSP priority issues include LJSs, differential focus, ADR mechanisms, Justice House, protection of leaders, and agreements made under Pillar 8 of the PDET. The draft versions of the plans were presented to the Regional Planning Councils and the Regional Autonomous Corporation (CAR by its Spanish acronym).
Table 1. Advocacy in Municipal Development Plans Item Southern Córdoba Antioquia Cauca Nariño Putumayo Diagnostic 43.0 19.0 36.2 28.9 38.1 Strategy 53.4 25.0 30.5 36.0 36.4 Total 48.2 22.0 33.3 32.4 37.3
Increasing Public Sector Investment in the Justice Sector. In addition to the advocacy work in the macro policies, during the quarter, JSP carried out advocacy efforts to increase investment in justice issues. JSP regional teams contributed that 18 out of 444 JSP municipal administrations appropriated investment resources to promote justice and co-existence issues for a total of USD$144,257 (COP $562.601.427). The amounts respond to projects regarding activities in the LJC of Istmina, Nóvita (Chocó), Barbacoas, Francisco Pizarro, Roberto Payán (Nariño) and Caldono (Cauca); support of Justice Houses in Puerto Asís (Putumayo), Carepa (Antioquia) and Santander de Quilichao (Cauca); use of ADR mechanisms in San Miguel, Valle del Guamuez (Putumayo) and Carepa (Antioquia); domestic violence awareness in Orito and Puerto Caicedo (Putumayo); strengthening of traditional indigenous justice in San Miguel (Putumayo) and Toribio (Cauca); and strengthening of justice, security and coexistence programs in Buenos Aires, Miranda (Cauca) and Chigorodó (Antioquia). In the next quarter, JSP will carry out follow-up and will verify the appropriated totals for each municipality for 2020.
Similarly, JSP continued to provide technical support to the regional entities to develop investment projects focused on justice to be financed by national sources. In the previous report, five investment projects were highlighted, four in southern Córboda and one in Nariño. These projects-initiated approval phases during the quarter in the respective project banks. Given the new incoming departmental and municipal administrations, JSP advocated to ensure that these projects remained within the priorities of development plans. To this end, JSP met with new leaders and public officials to reinitiate advancing these projects. In the next quarter, approvals of these five projects are expected by the respective municipal and departmental administrative and decision collegiate bodies (OCAD by its Spanish acronym). JSP will also continue to advance the other investment project initiatives, which, following meetings with new leaderships, are undergoing changes to be presented in the coming quarter to the proper planning authorities of the regional entities to initiate the due review and ratification processes. These new projects under consideration are the following displayed in the table:
3 The remaining plans are for Bajo Baudó, Bojayá, Carmen de Atrato, Medio San Juan, Riosucio, Tadó and Ungía (Chocó), as well as those from El Charco, La Tola, Magui Payán, Santa Barbara and Tumaco (Nariño). In these cases, the regional teams encountered difficulties related to public security, setbacks in hiring consultants intended to assist the municipalities and in the case of Chocó, one consultant resigned due to a full-time job offer from the departmental administration. Nonetheless, for Nariño, it is anticipated that all the municipalities will be covered in the coming quarter to carry out interventions in 38 of the 45 JSP priority municipalities. 4 No information was gathered about Bojayá in Chocó.
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Table 2. Priority Public Investment Projects
Municipalities Possible Project Department that address Project’s Objective Project’s Products Financial Provisional the project Source Value
- Justice Houses and Co- existence Centers in operating Santander de Strengthen service provision to - Competencies of public Quilichao, Caloto, Justice Houses and Co- official serving Justice SGR Corinto, Toribio, Cauca existence Centers in northern Houses and Co-existence (Departmental $1.500.000.000 Buenos Aires, Cauca under the LJS Center strengthened OCAD) Guachené and Puerto framework. - Competencies of the main Tejada target groups (indigenous, campesinos, and women) reinforced in ADR - Capacities regarding ADR Santander de Strengthen the dissemination topics strengthened Quilichao, Buenos and implementation of the ADR - Pilot implemented Tool kit SGR Cauca Aires, Caloto, Corinto, mechanisms by community (Everyone but Santander) (Departmental $4.304.000.000 Miranda, Jambaló, actors and community action - Development of web OCAD ) Toribio and Caldono board members. strategies for the dissemination of the ADRs Improvement and broadening - Bathroom fixtures of the Justice House in the renovated. SGR municipality of Tumaco (Nariño) Nariño Tumaco - Citizen response areas (Departmental $504.667.800 to guarantee citizen response renovated OCAD ) and care by the ADR - Files renovated mechanisms. - A methodological document developed and implemented regarding the processes and procedure of member entities from the Nariño Pacific coast to guarantee citizen response and services by ADR Tumaco, El Charco Improve access to the right to mechanisms Barbacoas, Olaya justice in the municipalities of - Strengthened the municipal Herrera, Roberto Tumaco, Francisco Pizarro, La SGR in-kind equipment to Nariño Payan, Magüí Payan, Tola, Olaya Herrera, El Charco, (Departmental $1.550.000 guarantee citizen response Francisco Pizarro, Santa Bárbara, Barbacoas, OCAD ) and service by the Santa Bárbara de Magüí Payán, Roberto Payán alternative conflict Iscuandé and Ricaurte in Nariño. resolution mechanisms in the municipalities of Tumaco, Francisco Pizarro, La Tola, Olaya Herrera, El Charco, Santa Bárbara, Barbacoas, Magüí Payán, Roberto Payán and Ricaurte in Nariño. - Four Justice Houses with Improve the level of access for works and services fitted Novita, Istmina, citizens to the various justice and improved SGR Chocó Condoto Tadó and mechanisms in five - Four Justice Houses (Departmental $1.899.617.190 Quibdó municipalities in the department provided with in-kind OCAD ) of Chocó. equipment - Mobile Justice sessions
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- Upgrading and maintenance of the citizen co-existence center in the municipality of Puerto Strengthen service provisions Caicedo. SGR provided by the citizen co- - Outfitting of furniture and Putumayo Puerto Caicedo (Departmental $839.000.000 existence center in Puerto equipment. OCAD ) Caicedo. - Citizen co-existence center public officials strengthened capacities regarding response and conflict management. - Four local actors and/or Strengthen local actors and Justice Houses justice houses through strengthened to improve intervention strategies that response regarding formal Turbo, Apartadó, SGR improve response regarding and non-formal justice. Antioquia Chigorodó, Carepa (Departmental $1.705.300.000 formal and non-formal justice in - Infrastructure improvements and Mutatá OCAD ) the municipalities of Turbo, made in the Justice Houses Apartadó, Chigorodó and of Turbo and Apartadó. Mutatá - Necessary tools provided for service provision.
Increase Private Sector Awareness of Justice Sector Needs. Through its partnership with FIP, JSP continued to develop a public-private partnership (PPP) pilot model to be applied in one of JSP’s prioritized regions. During the quarter, FIP finalized the characterization of private businesses at the national and local levels in order to develop a national or regional public and private sector participation methodological guideline to strengthen local justice. In addition, FIP developed and presented a proposal of innovative alternatives portfolio for PPP to USAID which includes the participation of the business sector to strengthen local justice5. Finally, JSP selected the Pacific Nariño region to implement the pilot because it is considered the “Zona Futuro”, where comprehensive institutional development interventions will take place. JSP and FIP will review innovative initiatives to ensure that there are elements that incentivize the participation of the private sector because currently, given the COVID-19 restrictions, government priorities for the private sector have shifted to address health and local economic revitalization issues.
Restorative Justice Public Sector Awareness and Regional Coordination: During the quarter, JSP made headway in developing a short and medium-term activity agenda to promote restorative justice. This agenda includes three main activities. First, a breakfast event to align visions and roles among the jurisdictional sector, the FGN, the Ombudsman’s Office and the MJD regarding support for the Alliance for Restorative Justice in Antioquia’s Urabá Region (Urabá Alliance) as well as legal reforms and consolidated guidelines to support restorative and therapeutic justice. Second, an International Best Practices Forum on restorative justice, community work and participation of the private sector; and finally, a study tour to Mexico and the US to increase knowledge of Colombian government officials, authorities and private sector representatives on the practical application of restorative justice models as well as to observe coordination opportunities between private and public sectors. These activities originally scheduled to initiate this quarter were delayed due to the COVID-19 crisis. JSP will continue to evaluate proceeding with these activities in accordance with national and international developments around the crisis.
In addition, during the quarter, activities to promote the Urabá Alliance concentrated on establishing
5 Please see the final version of the FIP proposal which is attached and entitled, “FIP Innovative Alternatives Portfolio” (“Portafolio Alternativas Innovadoras FIP”)
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specific guidelines to implement restorative justice programs and practices that apply to other regions. In this vein, JSP advocacy efforts were carried out with national counterparts to compile and disseminate guidelines applicable to restorative programs and practices. As a result, roundtables were organized with the CSJ6 in Medellín and Cali to discuss current and future normative reforms to promote restorative programs and practices as well as minimum elements necessary for their implementation7. At these roundtables (held in February and March) the following actions were presented to the judges8: the proposal for the Alliance to support restorative justice in Urabá9; a discussion was held on the progress made regarding the legal reform as well as the overall restorative justice framework in Colombia; and observations, corrections and additions to the restorative justice bill proposed jointly with the national government were made. Through these working roundtables, JSP concentrated its supports towards systematizing and technically drafting the legal reform proposals.
Building on these actions, JSP worked with the CSJ to support the hiring of two consultants to develop a legal reform bill to implement restorative justice programs and expand therapeutic justice mechanisms for juvenile and adult criminal systems. This effort will be carried out in collaboration with the CSJ as the previous version developed by IOM to MJD was not accepted by CSJ. The consultants will also train on and disseminate the above-mentioned guidelines issued by the national government applicable to the restorative programs and practices. To this end, JSP will provide support to develop the materials and incorporate the guidelines into the training materials for legal public officials on issues related to the nature and reach of restorative justice as well as the increased application of restorative programs and therapeutic justice mechanisms. JSP expects to have completed results from these consultancies by August 2020.
Sub-Objective 1.2: Increased coordination between justice actors regionally and locally
Access to justice requires a fair amount of local and regional coordination by justice actors to support this fundamental right. Thus, the activities under this sub-objective contribute to the effective operation of LJSs and provide orientation and assessment of best practices of these systems through effective knowledge management. This effort will aid in monitoring effectiveness to develop guidelines to improve sustainable activities responsive to contexts where JSP-supported local justice committees (LJC) and departmental or regional justice committees (DJC) operate.
Effective, Operating Local Justice Systems. JSP advanced the coordination strategy supporting the implementation of effective access to justice activities at the regional and local levels through its support to LJC and DJC as operational bodies of LJSs. During the quarter, JSP supported the establishment of the LJC in Santander de Quilichao10 and Corinto11 in Cauca. By the end of the quarter, JSP was supporting a total of 51 LJCs and four DJCs, which have been re-activated or
6 All work with national counterparts has an expected implementation period until September 2020 initially. 7 As of mid-2019, the Colombian State has worked on a joint reform (among entities and bodies that comprise the SPRA coordination system) oriented at reinforcing the restorative nature of the SRPA while also developing preliminary texts to reinforce restorative and therapeutic justice in the SPOA. Nonetheless, the CSJ has not held an internal discussion, in an efficient or region-focused manner, on the possibilities of the reform (according to national government estimates can be presented to Congress in July), which puts it at a disadvantage or left behind to progress of the other participating entities which have received some type of reinforcement or support in developing their proposals. As such, JSP decided to priority the work being carried out with the Judicial Branch to support these reforms. 8 Each event had 30 participants. Mainly criminal judges with experience in restorative judges and members of the Sectional and Superior Council of Judiciary. 9 For further information on the Alliance, please see annex entitled “Alianza Pública SRPA”. 10 Decree 044 of 2020 which establishes the LJC in the municipality of Santander de Quilichao, Cauca. 11 Agreement 007 of 2020 which establishes the LJS in the municipality of Corinto, Cauca.
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established with JSP support in the past. Remaining LJCs to be established include those in Apartadó, Carepa, and Turbo in Antioquia12 and the DJCs of Antioquia and Cauca.
Table 3. Creation and/or Re-activation of Justice Committees Re-activated Created Total to date Total to date Jan-Mar Jan-Mar TOTAL with JSP with JSP Quarter Quarter support support Local Justice 0 28 2 23 51 LJC13 Committees Departmental 2 (Nariño and 2 (Putumayo 0 0 4 DJC Justice Committees Córdoba) and Chocó) TOTAL 55
LJC Action Plans. JSP continuously works to provide LJSs with planning tools such as protocols and monitoring systems to facilitate work that strengthens local justice. To this end during the quarter, JSP accompanied the development of 23 action plans14 to be implemented during 2020. A key highlight of this process was an encouraging level of participation by civil society including CSOs representing victims, women, and youth among others which will be further detailed in the Objective 2 section of this report under the CSO advocacy strategy. To date, action plans included: sustainable activities led by the mobile justice sessions (MJS); activities strengthening GBV actions; continued training and implementation of conflict resolution methods; and activities to strengthen traditional justice (indigenous and Afro-Colombian communities).
During the quarter, as demonstrated through the municipal action plans, Cauca showed a high level of commitment to continuing LJCs and promoting access to justice. This was evidenced in the $75,000,000 COP 2020 budget allocations dedicated to the justice lines in JSP priority municipalities: Caloto ($10 million COP), Caldono ($40 million COP) and Santander de Quilichao ($25 million COP). In the remaining LJCs, continued commitments to maintain their operations were included in the action plans. In Nariño, El Charco ensured the inclusion of several key action lines in their LJC action plan including: equity conciliation training; extrajudicial conciliation of agrarian issues; human rights training; support for the establishment of the local unit of the Colombian Family Welfare Institute (ICBF by its Spanish acronym); and the establishment of a judicial circuit court. Meanwhile, regarding Tumaco’s LJC, the CSJ successfully authorized the establishment of a court to improve case relieving during 2020. In addition, there was a proposal developed to implement a rapid response health strategy to access the right to health and life as well as prevent or mitigate tutela petition and actions. These efforts were carried out in coordination with and funding support from the MJD. JSP aims to develop and implement the remaining action plans in the coming quarter.
JSP also coordinated the participation of other actors to improve justice services at the local level and to strengthen access to justice to the most vulnerable communities in rural areas. To this end in Santander de Quilichao (Cauca), JSP established a partnership including the JAC of Los Pinos neighborhood, at the corregimiento of Mondomo, and the Fundación Universitaria de Popayán (FUP) to implement a virtual legal clinic. In Miranda (Cauca), JSP also promoted an inter-institutional agreement between Fundación Universitaria de Popayán (FUP) and the municipality to support the Police Inspector’s legal assistance efforts as of June 2020.
12 The previous Governor’s Office of Antioquia did not grant support to the regional initiative. The current administration seems more receptive to the subject and it is a challenge addressed by the regional anchor stakeholder Cordupaz in order to reach sustainability. 13 The 49 LJCs include nine established in the Bajo Cauca region: Nechí, Caucasia, El Bagre, Zaragoza, Cáceres, Tarazá, Ituango, Valdivia, and Briceño. 14 In Carepa, Antioquia, via governor secretary mechanisms, an action plan was developed which includes the establishment of a LJC.
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Sub-Objective 1.3: Strengthened accessible and sustainable Justice Houses
Justice Houses play a key role in increasing access to justice in different municipalities and regions of the country. This sub-objective’s activities contribute to developing sustainability of these Justice Houses in promoting local justice as well as improving the quality of the service offered by its officials through defined and disseminated response referral pathways. During the quarter, JSP made headway in supporting investment projects to support the sustainability of 15 Justice Houses15. To this end, JSP efforts focused on internally strengthening coordination and planning, improving response capacities in managing gender and family cases and better equip Justice House duties to address post-conflict challenges through trainings on land issues for its staff.
Planning and Coordination of Justice Houses. JSP accompanied the staff teams of the Justice Houses in JSP municipalities to design improvement plans and 2020 strategic plans through participatory sessions. During the quarter, strategic planning sessions for Justice Houses were held for Novita, Condoto, Istmina, Tadó (Chocó) and Puerto Asís (Putumayo). These sessions were held as part of the Justice House planning and coordination committees, and in some of these the governor secretaries participated. From these efforts, strategic platforms were developed to include a mission, vision, values, and slogan together with the 2020 action plan based on an analysis of the previous year’s action plan outcomes. Given the ongoing COVID-19 situation, for the coming quarter, JSP will accompany these planning exercises in the remaining Justice Houses through technological tools, information and communications.
After further analysis regarding Justice House efforts, JSP included a land component to the strategy and advanced coordination efforts with the Land Restitution Unit (LRU). Together, they created a work plan to carry out mobile land restitution sessions in JSP municipalities with support from the Justice Houses16. In addition, progress was made in coordinating with the National Land Agency (ANT by its Spanish acronym) to develop training activities and to promote a culture of formalizing land in Puerto Asís (Putumayo), Tumaco (Nariño), Turbo (Urabá) and Santander de Quilichao (Cauca). Together with the regional teams, JSP will seek to work with police inspectors, personeros, equity conciliators and ethnic and community liaisons, who are based in Justice Houses, to become points of contact in their communities orienting people on the land formalization referral pathways.
With regard to the gender strategy and Justice Houses, JSP support contributed to advancing a graphic design of GBV and sexual violence response referral pathways developed in 2019 in the municipalities with Justice Houses in Putumayo and Chocó. Once these referral pathways are designed and printed, they will be provided to key stakeholders in the region and accompanied with a work session dedicated to reinforcing knowledge and commitments regarding access to justice norms and competencies with a gender perspective.
Strengthened Sustainability for Justice Houses. Complementing the previous three action lines, during the quarter, JSP continued to provide technical support to the governors’ offices in Chocó, Nariño, Putumayo and Cauca to develop public investment projects to improve Justice Houses. These projects would focus on improving Justice House infrastructures to facilitate carrying out their duties in municipalities such as Novita, Istmina, Condoto, Tadó, Quibdó in Chocó; Tumaco in Nariño; Puerto Asís and Puerto Caicedo in Putumayo; and Toribio, Santander de Quilichao, Buenos Aires,
15 The Justice Houses and Co-existence Centers in JSP regions are located in: Puerto Asís and Puerto Caicedo (Putumayo); Apartadó, Chigorodó, Turbo (Antioquia); Buenos Aires, Caloto, Corinto, Santander de Quilichao, Toribio (Cauca); Istmina, Nóvita, Condoto, Tadó (Chocó); and Tumaco (Nariño). 16 Please see annex document entitled “Proyecto ANT con Casas de Justicia” for further information on the work plan.
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Corinto, Caloto, Puerto Tejada and Guachené in Cauca. In each of these four departments, the project developers continue to work collaboratively with the departmental planning offices. These investment projects are expected to be finalized and registered as mentioned in Sub-Objective1.I in the coming quarter.
Regarding national-level policy on Justice Houses, JSP has been working, in coordination with the MJL and is expecting the National Planning Department (DNP) results on the evaluation of Justice Houses, to develop inputs for the MJL that will help build a public policy on access to justice that integrates the National Justice House Program seeking to strengthen local and rural justice. The above-mentioned activities will continue throughout the coming quarter, and with JSP support, the Justice Houses will have improved standing and recognition as a cornerstone resource in their municipalities. Due to these efforts, Justice Houses will improve their partnerships with the national government through their participation in the General Royalties System; they will provide improved services to those seeking assistance from the Justice Houses (internal coordination and management of gender and family cases); and users will find new service provision for conflict victims concerning land issues.
Sub-Objective 1.4: Effective rural justice services established
Within the rural access to justice sub-objective, JSP implemented activities such as MJS that bring justice operators to rural areas, and promotes the ADR mechanisms strategy, which serve as engines for alternative justice in rural areas.
Mobile Justice Sessions. During this quarter, a total of six sessions were carried out, providing assistance to 1,256 people. Of the total, 59.6% of beneficiaries were women. Regarding ethnicity, 42.4% of the people were identified as indigenous or afro (24.4% and 18% respectively).
Table 4. Summary of Mobile Justice Sessions during Last Quarter Date Department Municipality Village Men Women Total 30/01/2020 Putumayo Puerto Asís Casco urbano 145 171 316 3/03/2020 Nariño Tumaco Candelilla de la Mar 51 79 130 6/03/2020 Chocó Istmina Puerto Salazar 25 67 82 7/03/2020 Cauca Corinto Casco urbano 12 16 28 12/03/2020 Chocó El Carmen de Atrato Casco urbano 200 326 525 13/03/2020 Córdoba Montelíbano El Palmar 74 90 164 TOTAL 507 749 1,256
The largest group of people reached during a session this quarter was in El Carmen de Atrato (526), and Puerto Asís (316). The session in Tumaco and Istmina had the largest participation of Afro- Colombian people, and El Carmen de Atrato reported the highest participation of indigenous people. Of the 1,415 requests registered in MJS in Q2 FY2020, the top two reasons were related to victims of the armed conflict (67.8%) and paperwork/document processing17 (19.9%). Given the COVID-19 situation, a lower number of MJSs is expected during the coming quarter. JSP will continue to evaluate the effect of the decrease of MJSs on beneficiary populations via its indicators and will update USAID of this information in a timely fashion.
17 Paperwork/document processing refers to requests for registrations, updates, or changes in the Victims Registry (Registro Unico de Víctimas RUV). This also includes the process for register in SISBEN and other State programs.
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Promoting ADR Mechanisms as an Access to Justice Tool in Rural Areas. During the quarter, JSP continued to support its ADR mechanism strategy through its three components: conflict resolution technique workshops; strengthening of existing equity conciliators in JSP municipalities; and implementing the Alternative Dispute Resolution Toolbox (Caja de Herramientas) to promote conflict resolution mechanisms.
The successful outcomes from JSP-supported workshops carried out in December 2019 to LJSs (public officials and community leaders) continue to be felt as evidenced through conflict resolution agreements made since then by those trained. During the reporting period, JSP highlights a total of 3,219 conflict resolution agreements made, according to reports generated by 148 ADR operators trained by the program. In spite of some challenges to collect information pursuant national and local government quarantine restrictions, the number of cases resolved, and issues addressed are listed below in Table 5. As total cumulative, 327 ADR operators trained by JSP who have reported a total of 7,622 conflict resolution agreements as detailed in Table 5A.
Table 5. No. of Agreements and Issues Resolved through ADR Mechanisms Issues Civil and Family Community Operator Type among Commercial Land Use Others Total Matters Issues neighbors Problems Conciliator in Law 898 519 349 306 95 242 2,409 School Mediator 0 1 0 0 0 66 67 Community Mediator 124 195 128 35 60 5 547 Intercultural Mediator 23 16 47 8 15 1 110 Equity Conciliator 3 31 14 31 5 2 86 TOTAL 1,048 762 538 380 175 316 3,219
Table 5A. No. of Agreements and Issues Resolved through ADR Mechanisms Issues Civil and Family Community Operator Type among Commercial Land Use Others Total Matters Issues neighbors Problems Conciliator in Law 2,135 1,420 1,145 841 347 269 6,157 School Mediator 0 1 0 0 0 171 172 Community Mediator 176 247 188 61 104 10 786 Intercultural Mediator 59 24 77 8 32 4 204 Equity Conciliator 99 66 32 93 21 2 303 TOTAL 2,459 1,758 1,442 1,003 504 456 7,622
With regard to strengthening existing equity conciliators in JSP municipalities (24 in total)18, JSP continued to re-train conciliators to re-activate the inactive conciliator services bringing equity conciliation to light in communities, media and establishing sustainability agreements between conciliators and municipality authorities. In this manner, these efforts support securing this mechanism as an important aspect of the LJSs.
18 The reinforcement. training processes regarding equity conciliation in the municipalities where this has already been established are: Montelíbano, Puerto Libertador, San José de Uré en Córdoba, reporting their closing in the FY2020 Q1 quarterly report. Apartadó, Carepa, Chigorodó, Mutatá, Turbo en Antioquia. Caloto, Miranda, Santander de Quilichao en Cauca. Carmen de Atrato, Istmina, Media San Juan, Nóvita, Riosucio, Tadó, Unguía en Chocó; Tumaco in Nariño; Orito, Puerto Asís, Puerto Guzmán, San Miguel, Valle del Guamuez in Putumayo.
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The most notable outcomes in Cauca took place in Caloto, Miranda, and Santander de Quilichao. Where, with JSP support, was an increase from 16 to 31 conciliators, representing a 93.7% increase in the number of active conciliators. In addition, a commitment was reached by the governor’s secretary from Miranda along with five council members to present a project to support equity conciliation as a public policy. In Putumayo, JSP finalized its process in Orito, San Community conciliation workshop for rural and urban women in Turbo (Antioquia) Miguel, and Valle del Guamuez on February 12 and 13, 2020. Photo: JSP Archive where combined there were only 20 active appointed conciliators in 2009. Now, through the reinforcement process supported by JSP, there are 73 conciliators (an increase of close to 150% of active conciliators).
The achievements in terms of reincorporating inactive conciliators and commitments with local authorities will positively impact the broadening of conciliation services in the municipalities. As a result, there will be an increase reflected in their co-existence indicators.
Toolbox in ADR as a Public Policy Tool. On February 6, 2020, the Minister of Justice and the general deputy director of the National Planning Department (DNP by its Spanish acronym), accompanied by the USAID Mission Director, presented the toolbox in ADR as a public policy tool for the national government to further foster and strengthen the ADR mechanisms in rural areas, with an emphasis on PDET municipalities. The launching of this government strategy (toolbox) took place at a public ceremony in which 350 people participated including representatives from the national government, departmental and local governments, CSOs, university students, academics, conciliators, and mediators from all over the country. This event officially provided information highlighting the toolbox’s application in ADR mechanisms in rural areas and represents the formal appropriation by the Colombian State of this tool designed collaboratively by JSP, USAID and MJD.
Also, during the quarter, JSP supported the implementation of the toolbox throughout JSP priority municipalities. To this end, JSP led the design of a strategy including the establishment of a knowledge and train-the-trainers network in collaboration with the national partner (Temporary Union of the Bogotá, Cali and Medellín Chamber of Commerce and the regional allied Chambers (UTCC)) to transfer capacities to the Regional Anchor Actors (AAR) to implement the Launch of the Alternative Dispute Resolution Toolbox in Bogotá on February 6, 2020. Photo: JSP Archive
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toolbox in 30 municipalities as indicated below:
Table 6. AAR Interventions in the 30 Priority Municipalities Regional Anchor Stakeholder Department Municipalities Apartadó, Carepa, Turbo, Caucasia, El Bagre Antioquia and Nechí Corporación Desarrollo y Paz de Montelíbano, Puerto Libertador, San José de Córdoba y Urabá – Cordupaz Córdoba Uré and Tierralta Unguía, Bojayá, Carmen de Atrato, Istmina, Chocó Nóvita and Condoto Corporación para el Desarrollo Agroempresarial de Tumaco – Nariño El Charco, Tumaco and Roberto Payán Cordeagropaz Cauca’s Chamber of Commerce – Buenos Aires, Caldono, Jambaló, Miranda and Cauca Universidad del Cauca Santander de Quilichao Corporación Culturama Colombia – Puerto Asís, Puerto Caicedo, Puerto Guzmán, Putumayo Culturama Orito, San Miguel and Valle del Guamuez
In coordination with the UTCC, JSP carried out the National Conference for Toolbox Implementors held from March 9-11 with a total of 98 participants from the UTCC, the AAR, the MJD, the DNP, Corpovisionarios and JSP. During the event, the knowledge network was formed, and initial trainings were held on the toolbox’s implementation. In addition, the MJD’s participation was confirmed as part of the implementation process and a joint action plan was designed to address the needs of each AAR to coordinate implementation timetables and movements in the region of all the strategy’s participants.
As a next step to this conference, JSP planned to carry out an in-person diploma course led by the UTCC oriented at the AARs in their respective regions to transfer knowledge. Due to the COVID- 19 quarantine directives, JSP decided to hold the first phase of the diploma course virtually. As a result, during the quarter, JSP and UTCC adapted the diploma course methodologies to be posted online and the first phase was launched including 56 hours of virtual training. The complete diploma course consists of a total of 80 hours and will be carried out between March 26 and April 30 via the virtual campus hosted by the Cali Chamber of Commerce. The virtual modality includes methodologies such as streamed classes; access to videos for participants; lectures; virtual forums; and tutorials. During the coming quarter, the second phase of the diploma course will be designed and distributed. Accompaniment assignments will also initiate for the AAR in the regions to effectively implement the toolbox in JSP priority municipalities.
Finally, together with the MJD, the UTCC and JSP worked on a communications strategy to promote the toolbox. During the next quarter, this strategy aims to quickly make available the multimedia version of the toolbox to the general public via the MJD’s web page. To complement the uploaded information, JSP will distribute 5,000 USBs along with the toolbox in a multimedia version among different groups and potential implementors or promoter organizations of the toolbox such as the DNP; Ministry of Education; governor’s offices and mayor’s offices in JSP regions; and partnering CSOs among others. Similarly, the toolbox’s implementation will also consist of communications productions such as infographics, radio spots, and messaging for social media which will be designed and produced during the coming quarter.
The toolbox’s implementation of ADR mechanisms is a national aim that involves not only the participation of JSP but also the MJD, DNP, and the local administrations as it has the opportunity to make an emphasis on the methodologies and timetables to apply the ADR mechanisms in
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Colombia. The toolbox’s design is based on lessons learned over 20 years of experience and mindful of using a differential approach for conflict-affected municipalities and rural areas in accordance with their particular circumstances and accessible instruments to build co-existence and peace in their regions.
Objective 2: Increased Citizen Support for the Rule of Law
This objective promotes six key intervention strategies: citizen training, CSOs political advocacy, indigenous justice, Afro-Colombian justice, communications, and legal advocacy. All intervention strategies are coordinated with municipal and regional institutions to increase citizen support of the rule of law; foster citizen awareness of justice sector institutions and services; and strengthening of the civil society participation and other relevant parties promoting public policies, decision making, monitoring of justice issues at the national, departmental, and municipal levels. In line with this goal, JSP’s activities resulted in an increase in the ability of CSO’s advocacy capabilities. Through better advocacy within the LJS, specifically in promoting and providing tools to participate in DJC and LJC, citizen confidence and awareness in justice sector institutions in JSP’s six regions will be enhanced.
Citizen Education Strategy This strategy focuses on the information campaign related to justice issues and the rule of law; outreach by justice institutions to reach citizens; and raising awareness of the services that public officers and/or justice operators provide. In addition, through this strategy, JSP carries out efforts to develop and promote a Culture of Legality, with the support of the national partner Corpovisionarios, in coordination with the MJD given that it is one of its leading priorities.
“Todos en Sintonía con la Justicia” Strategy. From January through mid-March 2020, JSP supported activities with justice operators, communities, and schools in partnership with Corpovisionarios to promote the strategy entitled, “Todos en Sintonía con la Justicia”. A key highlight resulting from this campaign was a series of focus groups and the implementation of tools such as the “legalómetro”19 with victims groups, women’s organizations, equity conciliators, youth and students in Caldono, Santander de Quilichao (Cauca), Apartadó, Turbo (Urabá), Puerto Asís, Valle del Guamuez (Putumayo), El Charco, Tumaco (Nariño), Tierralta, Montelíbano (Córdoba), Tadó and Istmina (Chocó). This exercise allowed finding that there are behaviors that are accepted by the communities or the people when they have an impact on other people but are rejected when they are applied to themselves. For example, when discussing behaviors such as “lynch a burglar”, many people stated that this was allowed since there was no efficiency in the justice system. However, they considered that “being armed” was a reprehensible behavior since this motivates taking the law into one's own hands leading to violent sceneries that have to be left behind. During the exercise, several LJS stakeholders stated the urgency to be able to transform how citizens approach the difficulties they face daily. The opportunity to hear the other parties involved, and give in to reach agreements, are key elements for these actors. It is worth noting that in the communities, participants of the legalómetro, punishment has also a cultural value, and both perceptions must reconcile. Conciliators, equity conciliators, JAC presidents, Peace Judges, and others involved with armed conflict victim’s attention, stated that it is important to promote processes to appropriate and apply ADR mechanisms in order for citizens to be able to know other ways to handle and overcome difficulties.
19 A Corpovisionarios training tool to capture perceptions of what people consider to be legal.
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In addition, and according to JSP’s work plan to strengthen the AARs to establish them as a sustainable actor in the municipalities to implement both the ADR Toolbox and the “Todos en Sintonía con la Justicia” strategy, a training was held for regional partners from March 4-6, 2020 on these tools. Currently, training material is being produced which will be used in the field and implemented by the AARs. Building off lessons learned from the previous phase of the strategy, the materials for the new information point “En Sintonía con la Justicia” (formerly known as Punto del Buen Trato) will be implemented by a regional team comprised of regional coordination and liaison members for each municipality.
In designing this new strategy, two new elements were included to respond to identified needs. First, authorities will ensure accountability collaboration between stakeholders based on the concept of Open Government to promote transparency among justice operators. Second, greater coordination will take place with school groups to maximize the application of the school mediation model within the toolbox in select municipalities. Currently, Corpovisionarios is working on the adaptation of the virtual training content for phases I, II, and III. These efforts respond to the challenges resulting from the COVID-19 crisis impacting the above-mentioned 12 municipalities as well as commitments established with the AARs.
Political Advocacy Strategy The primary focus of this strategy is to encourage meaningful civil society participation to develop justice-related public policies. The majority of the work under this strategy is done through giving grants to local organizations and by providing this support, JSP ensures that these CSOs are operative, capable, and able to provide advocacy on behalf of the community they represent. Giving a voice to often times marginalized groups, empowers them to engage with local authorities in developing and promoting public policies and through inclusive policy development, all public services, including those in the justice realm, are more responsive and accessible to all.
This effort involves supporting civil society to work with LJC’s action plans and decision-making processes; monitor and supervise governmental activities related to justice at the local and regional levels; and improve dialogue among civil society, women, youth, LGBT social organizations, and justice institutions. JSP has extended grants to CSOs that support traditional justice practices of ethnic groups, GBV, land restitution, and serious crimes, among others. JSP has increased CSO participation in relevant decision-making settings within the justice public policy framework such as the LJCs/DJCs and development plans’ roundtables making this participation possible through the support. During the quarter, collaborative work advanced with academic networks and national CSOs via the guidance that these local priority organizations provide so as to advance CSO capacity strengthening and their interaction with ordinary justice authorities.
Grant Support for Judicial Representation for Land Restitution. During the quarter in the department of Cauca, JSP grantee Asociación Campesina Inzá Tierradentro (ACIT) received land-focused trainings and increased their capacities regarding strategic litigation. These efforts have resulted in collaborative work with the Universidad del Cauca on land restitution advocacy actions in the department. Similarly, in the department of Córdoba, JSP grantees ACSUCOR, ASODECAS and CORSOC have successfully increased organizational capacities and are working efficiently and with newfound technical skills to advance legal advocacy on land issues. Their efforts also increased visibility struggle of campesino victims of land dispossession in southern Córdoba. Similarly, due to JSP grant support, the CSO Tierra para Todos Inclusión Social in Urabá was successful in joining ongoing land restitution processes broadening their knowledge and increasing their contact with other justice system actors and operators at the regional level.
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Grant Support for Youth Organizations. JSP-supported youth organizations who provide input to the 2020-2023 municipal development plans in Montelíbano, San José de Uré, Tierralta and Puerto Libertador (Córdoba). Currently, CSOs’ youth possess knowledge of the local justice system and institutional access referral pathways demonstrating their proactive and qualified participation. Due to JSP grant support, CSO Chocó Joven carried out activities resulting in increased knowledge among youth and adolescents of conflict and mediation concepts as well as existing conflict resolution mechanisms to strengthen their political advocacy capacities.
Grant Support for LGBT Organizations and Women Organizations. In Urabá, JSP grantee Mujeres del Plantón raised awareness of women and LGBT issues as identified at Elimination of Violence against Women roundtables and other collaborative working platforms in the municipalities of Chigorodó, Carepa, Mutatá, Apartadó and Turbo. With JSP support, Mujeres del Plantón led efforts to establish the Juntas Somos Más Leadership School, where 38 women from Urabá and surrounding municipalities in the region have enrolled. The CSO Tejiendo Vida, which fights for the rights of people living with HIV, participated in the events for International Women’s Day on March 8 as well as technical roundtables. Currently, this CSO promotes Apartadó’s Diversity Roundtable as well as participates at LJC sessions in Chigorodó and Carepa.
In Chocó, due to JSP grant support, the CSO Fundación Latidos Chocó gained recognition by the municipal administrations for their commitment to being more inclusive with regard to programming and planning of LGBT issues. Additionally, due to this CSO’s efforts, many people with diverse sexual orientations have begun to form collectives to legally establish themselves in these municipalities to formally participate in local processes driving public policy development.
During the quarter, Córdoba’s LGBT organizations also made progress in strengthening their advocacy capacities. For example, due to their continued advocacy, the CSO Abrigando Sueños in Tierralta is the first and only CSO called upon by the local administration to comment on equity within public policies in the municipality. Similarly, JSP grantee Córdoba Diversa continued to carry out legal advocacy before the LJS to file criminal, administrative and judicial reports of violence against LGBT people in Tierralta. JSP grantee Montelíbano Afirmativo was successful in incorporating the LGBT community’s inputs into the draft versions of the regional development plans of the municipalities of Puerto Libertador, Montelíbano and San José de Uré.
In addition, in Cauca, JSP grantee Funquidiversa developed proposals to include LGBT community input into the development plans of Caloto, Caldono and Buenos Aires which previously had not been contemplated by the previous administration. Similarly, JSP grantee Corporación Mujer, Niñez y Juventud Nortecaucana also joined forces to develop LGBT rights-focused proposals to be incorporated into municipal development plans in municipalities where they operate including: Caldono, Caloto, Corinto, Miranda, Jambaló, Buenos Aires, Santander de Quilichao and Toribío. JSP grantee ASOAFROMI participated in the development of the LJC action plans in the municipalities of Buenos Aires and Miranda ensuring that they held active roles and responsibilities in these plans. In Putumayo, JSP national grantee Caribe Afirmativo led accompaniment efforts resulting in strengthening capacities of local CSOs such as Así somos and Orito Diverso.
Notable advances were made in Nariño with regards to LGBT inclusivity such as adhering to commitments made by the municipal authority in El Charco to include the LGBT community as part of the municipal government’s team. This achievement resulted from advocacy efforts carried out by JSP grantee Fundación Manglaria. Due to these efforts, municipal public officials have begun to
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adopt more inclusive language in addressing the LGBT community. Similarly, JSP grantee Fundación Arco Iris are recognized as bonfire agents which bring together the LGBT community and institutions promoting a respectful and affirmative treatment when dealing with contentious issues impacting this vulnerable population.
JSP grantee Red Departamental de Mujeres Chocoanas gained greater ownership of gender equity public policy issues and supported 60 women leaders from 10 JSP municipalities to provide advocacy on the issue of gender equity. This was evidenced by increased participation by these women in the LJCs, building on previously developed proposals. They also participated in mechanisms to develop municipal and departmental development plans. This grantee stated that dialogues are carried out with more ease between the justice sector and women which is due to the technical assistance they received detailing justice operator duties and the recognition of women’s rights. Complementing these efforts, JSP grantee Fundación para la Gestión Social y Ambiental in Puerto Libertador, Córdoba kicked off the design of a political advocacy strategy to facilitate closer working relationships with local institutions. This design process fostered technical capacities among 30 women regarding advocacy and local public policy participation.
In Nariño, JSP grantee ASOLIPNAR led response efforts for victims of GBV and their families. By the end of the quarter, they successfully promoted having a meeting between families with active GBV cases and ASOLIPNAR’s board of directors to have it serve as a permanent support network for these families. Also, the JSP grantee Piernas Cruzadas was successful in including gender considerations into the development plans of Barbacoas, Magüí Payán and Roberto Payán. These considerations emphasize the development of meeting spaces and awareness raising efforts of public services for women, to be addressed by institutions. In Putumayo, the JSP grantee Casa Amazonía together with 20 women from consejos comunitarios increased their capacities to develop public policy proposals as well as prioritize training needs. These results were based on their newly gained knowledge from this process which supported them in identifying gaps in public policy implementation and understanding the current state of access to justice services at the local level.
Finally, various JSP grantee CSOs developed an advocacy agenda oriented at the FGN and the PGN to request responses related to criminal and disciplinary investigations due to attacks or threats targeting their organizational initiatives. The participant organizations were IPC, Cepac, CIVP that gathers Cococauca, Mujeres Indígenas del Chocó and Líderes Bojayá. In response, JSP facilitated a meeting to promote formal access to justice for its grantees as well as to support case processing which are already under investigation. In this vein, JSP also fostered greater coordination with USAID Human Rights Activity and other partners such as UNHCHR which share concerns of at- risk CSOs in overlapping regions such as the Pacific, Antioquia’s Bajo Cauca, Córdoba, and Cauca. As a result, there were periodic meetings to monitor advance in criminal and disciplinary investigations of the prioritized cases. Support from JSP was requested to be the link between leaders on risk and strengthen their trust. The meetings had to be postponed due to the assault to the Leyner Palacios’ bodyguard and COVID-19 contingency.
Indigenous Strategy This strategy seeks to strengthen the interaction and coordination between the ordinary justice system and the special indigenous justice system. Ordinary justice refers to the departmental and national level justice systems that are not rooted in ancestral or traditional forms of justice and aim to be applied identically across the country. The actions performed under this strategy seek to strengthen CSO capacities to increase recognition of their indigenous autonomy and secure their participation in the LJSs through the following activities and results.
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National Inter-institutional Coordination for Special Indigenous Justice (JEI by its Spanish acronym). During the reporting period, CSJ and the Judicial School Rodrigo Lara Bonilla (EJRLB by its Spanish acronym) took a lead role in advancing the application of content recommendations raised by the COCOIN. In February 2020, the indigenous commissioners of the COCOIN along with magistrates and judges from different regions of the country validated the “Intercultural Training Module: Coordination of Justices and Pluralistic Law.” This updated training document seeks to establish foundations that contribute to the training of judicial operators and indigenous authorities on issues related to both jurisdictions as well as their coordination in applying justice. In addition, JSP developed “Bastón Jurídico: Special Indigenous Jurisdiction in Colombia” as a training tool to raise awareness on the JEI’s reach and dimensions oriented at ordinary justice operators as well as the general public. This document includes input from the MJD’s Strengthening Ethnic Justice Group (GFJE by its Spanish acronym). Its launch is scheduled in the coming quarter.
Inter-Jurisdictional Coordination Dialogues and Roundtables. In February, JSP supported carrying out Antioquia’s Inter-Jurisdictional Coordination Roundtable where the internal regulations were approved, including an article that guarantees the prioritization of cases regarding the rights of indigenous children, adolescents, and youth. In addition, with JSP support in March, as a result of community dialogues with indigenous authorities and public officials from the MJD, the National Institute of Legal Medicine and Forensic Sciences (INMLCF by its Spanish acronym), justice operators and the CSJ in Turbo, indigenous traditional justice considerations were prioritized to advance the coordination of these issues with other levels of justice for the LJS in Mutatá, Chigorodó and Carepa. In Cauca, with JSP support in February, the Inter-jurisdictional Coordination Roundtable’s action plan was developed as well as its strategy for the roundtable’s technical and political work. Results included the participation of authorities from seven indigenous communities from the department and with delegates from the CSJ.
One activity that JSP would highlight is the support to facilitate community dialogues, bringing together ordinary justice operators and JEI authorities in Chocó. Through this dialogue in the municipality of Medio San Juan on March 11, 51 people were convened in the Unión Wounann indigenous community including delegates from San Cristóbal, La Lerma and Olave. There, the INMLCF closely examined technical issues associated with challenges of literal and cultural translations in indigenous communities, such as DNA sample collecting for criminal cases. The main activity requested by the indigenous authorities to the INMLCF was a technical training on cadaver retrieval given that all material on this issue is in Spanish and the community only speaks the indigenous Wounaan language. To carry out this training, a bilingual delegate will be hired and through this training, communities will be empowered to protect, retrieve, and present evidence that will strengthen criminal cases.
With JSP support, community training procedures in Chocó were updated for community members who have not directly participated at the Inter-Jurisdictional Coordination Roundtable held in Quibdó. In this vein, JSP carried out a training on traditional rights with delegates from the indigenous communities from Riosucio, Istmina, Tadó, Bojayá, and Bajo Baudó. In this department, there continues to be a need for training on indigenous community rights, the Political Constitution of 1991, and the constitutional jurisprudence as it relates to the JEI implementation.
In Córdoba in February, community dialogues were also held in Pueblo Embera Katío in the municipalities of Tierralta and Puerto Libertador. Each session included the participation of government and state entities as well as delegates from Dochama resguardo of San José de Uré,
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Quebrada Cañaveral resguardo of Puerto Libertador and Embera Katio resguardo from Alto Sinú of Tierralta. Their participation played a key role in the dialogue involving the JEI and the ordinary justice given the earlier request made to strengthen coordination platforms within the context of the Inter-Jurisdictional Coordination Roundtable.
In Tumaco (Nariño), the first open Inter-Jurisdictional Coordination Roundtable was held in March including the participation of the CSJ, the Eperar Siapidara community, the Awá indigenous community, the consejo comunitario Bajo Mira and Frontera, the Red de Consejos Comunitarios del Pacífico Nariñense (RECOMPAS), the Asociación de Consejos Comunitarios and the Organizaciones Étnico- territoriales de Nariño (ASOCOETNAR). For the first time, this inter-cultural roundtable held and supported learning and knowledge exchange platforms for ethnic justice and ordinary justice. This joint roundtable was carried out as a pluralistic legal exercise complying with the ILO’s 169 Convention. The CSJ’s President, Magistrate Diana Remolina, highlighted these types of joint initiatives between indigenous and Afro-Colombian communities as an example of coordination and cooperation in building a diverse and pluralistic nation.
Grants to Strengthen Indigenous Traditional Justice Systems. Due to JSP grant support to Organización Indígena de Antioquia (OIA), activities on access to justice for indigenous women in Urabá such as promoting referral pathways were carried out. Additionally, as a result of the training on Mother Earth pedagogical approach (pedagogía de la Madre Tierra), complementary training material was developed for the indigenous communities Zenu, Embera, and Gunadule. During the quarter, 45 indigenous community members were trained, including 28 women and 17 men.
During February 2020 in Cauca, JSP grantee ACIN continued to organize community-based meetings to deeply examine access to justice issues with indigenous women in Popayán. In addition, in Jambaló, Buenos Aires, and Miranda, the role of traditional justice was strengthened due to the coordination of indigenous authorities in the LJCs and JSP support. In addition, LJC trainings on indigenous traditional justice were incorporated into the 2020 action plans. During the quarter, 44 ACIN indigenous authorities were trained on the LJS and similar trainings will be carried out in the other municipalities in this jurisdiction.
Also due to JSP grant support to ACIN, a graduation was held for the two cohorts of the diploma course entitled, “Strengthening Inter- Jurisdictional Coordination” which is certified by the Universidad Autónoma Indígena Intercultural (UAIN). At this event, 62 people participated including 56 indigenous community members and six ordinary justice public officials. In addition, a draft version of a curriculum was developed for the Escuela de Students of the diploma course “Strengthening Inter-Jurisdictional Formación en Derecho Propio Cristóbal Coordination”, in Santander de Quilichao (Cauca), on January 31, 2020. Photo: Sécue, which has been reinstituted JSP Archive due to the grantee’s efforts.
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To strengthen organizational capacities of indigenous women from the Awá and Eperara Siapidara indigenous communities associated with JSP grantee UNIPA (ACIESNA and CAMAWARI), JSP facilitated a meeting for indigenous women from these organizations. Due to these efforts, a proposal was developed to support the effective participation of indigenous women in their organizations; strengthen decision making in inter-jurisdictional coordination mechanisms; incorporate specific thematic areas regarding sexual and reproductive rights, traditional indigenous justice administration; and increase their participation to address sexual violence against indigenous girls and women. This proposal seeks to be adopted by the organizations and can be followed up on by assemblies and other collective platforms. JSP’s grant support has facilitated critical platforms supporting women from CAMAWARI, UNIPA and ACIESNA to hold meetings, to participate in trainings and to discuss shared problems and the role of indigenous women in their communities. The women also discuss challenges regarding their participation in traditional indigenous justice and their role as safeguards of their culture. In addition, ACIESNA coordinated with the Ministry of Interior to work on strengthening indigenous traditional justice in one of their resguardos.
Similarly, due to JSP grant support to Jóvenes del Cabildo Mayor Awá de Ricaurte (Nariño), these youth participated with youth from CAMAWARI at Ricaurte’s LJC session to ensure the inclusion of Awá indigenous youth proposals into the committee’s action plan. Four indigenous youth delegates were selected to participate at the indigenous and justice roundtables to draft the municipal development plan. An important contribution resulting from JSP grant support has been the opportunity for indigenous youth from remote communities in the mountains to interact and get to know their peers from other resguardos and share training experiences together on issues such as cultural identity and justice.
In Putumayo, the JSP indigenous strategy facilitates coordinated action regarding rights for indigenous communities. The regional component is approached from a collective perspective led by JSP grantees such as OZIP, ACIPS and the Permanent Roundtable of the Cofán Community. Despite being in its initial phases, this advocacy to strengthen judicial response for territorial rights victims is closely tied to the other JSP grants, especially initiatives led by JSP grantee CAIOP which works on advancing an individual referral pathway for cases at the ICBF, INMLCF and the FGN. The intervention seeks to simultaneously work on individual and collective levels regarding access to justice for indigenous communities in Putumayo.
Finally, the JSP grant focused on strengthening the National Commission of Indigenous Women (CNMI by its Spanish acronym) through trainings on public policy and indigenous women’s rights made progress in Putumayo and Chocó by adopting a methodology tailored to train indigenous women. Through this methodology, an informational fact sheet was developed, and workshops were held with more than 160 participants (90% of which were women), including public officials from public entities and the regional justice sector. From these workshops, a group of proposals was developed advocating for the inclusion of an ethnic, gender and differential foci for both indigenous traditional and ordinary justice to be integrated in the municipal development plans.
Case Documentation. Regarding the documentation of JEI cases during this quarter, JSP made progress in producing four documentaries on indigenous justice featuring the indigenous communities of Emberá, Zenú and Gunadule of Antioquia’s Urabá. These audiovisual pieces serve as training tools to disseminate information and knowledge on the various forms of administrating traditional justice of indigenous cultures.
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Afro-Colombian Strategy The JSP Afro-Colombian strategy promotes increased social, institutional, and legal recognition of Afro-Colombian customs and practices related to traditional justice. This effort is accomplished through several means: an increased and improved understanding between ethnic authorities and ordinary justice authorities; an increased participation of these communities with LJSs; a strengthened working coalition of key stakeholders to address traditional justice and support Afro- Colombian organizations in protecting ethnic rights, gaining access to justice, promoting public policy advocacy and strategic litigation.
National Inter-institutional Coordination for Afro-Colombian Traditional Justice (JPA by its Spanish acronym). Continued technical assistance was provided to JSP grantees on traditional justice initiatives related to the analyses of possible reforms to Colombia’s Constitution Article 246 and the inclusion of diverse ethnic practices and knowledge from black, Afro-Colombian, raizal, and palenquera communities in Colombia. To this end, JSP supported a meeting bringing together COADFORPAZ and the PGN’s Delegate Inspector General for Civil and Labor Issues. This meeting facilitated CSOs in sharing results on the characterization of 22 cases with practices and knowledge on Afro- Colombian ancestral justice and that provide evidentiary support of the reform proposals20.
Strategic Partners and Grants. A key highlight in Chocó was the review and updating of internal regulations for the Consejos Comunitarios Mayores, and with support from Fundación Universitaria Claretiana (FUCLA), as well as the inclusion of recommendations on how to use conceptual, technical and legal tools to handle JPA cases in a timely manner was made. JSP grantee Foro Interétnico solidaridad Chocó (FISCH) also made headway in developing a fact sheet oriented at justice operators to support the social recognition of practices and customs, especially the use of traditional conflict resolution mechanisms in Chocó.
In addition, the consejos comunitarios from Chocó, Putumayo, Urabá, and southern Córdoba worked on analyzing their internal regulations and developed proposals presented before the respective general assemblies to strengthen their ancestral justice practices and knowledge. Participating ethnic collectives in a roundtable which was held on March 6 in Tumaco (Nariño). This resulted in contributing to both the indigenous and Afro-Colombian communities’ strategies and evidenced the need for departmental coordination between Nariño’s CSJ and ethnic authorities from the department including: Consejo Comunitario Bajo Mira and Frontera, RECOMPAS, the Asociación de Consejos Comunitarios and Organizaciones Étnico-territoriales de Nariño (ASOCOETNAR), the Eperara Siapidara community and the Pueblo Awá community.
A defining outcome at the municipal level was the strengthening of the participation of the ethnic authorities in the LJCs and LJSs. The consejos comunitarios associated with ACONC participated in the LJCs in the municipalities of Buenos Aires (Consejo Comunitario de Cerro Teta) and Miranda (Consejo Comunitario Afromirandeña) which contributed to strengthening the ancestral justice role of the black communities from northern Cauca in the LJSs as well as their increased participation in the development of the 2020 action plans. In Antioquia, due to LJC sessions held in Chigorodo and Mutata, coordination was established between Afro-Colombian traditional justice and ordinary justice via the LJSs and LJCs.
In Putumayo during February, JSP supported the CSO FEDECAP in carrying out a dialogue workshop which strengthened organizational leadership capacities focusing on a gender and women’s rights
20 For more information on the cases please see annex entitled “Entregable #3 casos 22 JPA FISCH” from page 90.
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perspective. Participants, including 10 rural women from Putumayo and two women leaders from ACONC, reflected on GBV and traditional justice. Women participants included members from CSOs such as ILSA, LISAFE and activists from Ruta Pacífica de las Mujeres and the Red Nacional de los Derechos Sexuales y Reproductivos. During the quarter due to JSP support, the CSOs focused on strengthening the planning of proposals through the establishment and consolidation of women and gender committees in each local and regional council. In this manner, differential and gender foci can be guaranteed in decision making, resources and programs within FEDECAP.
Communications Strategy The communications strategy’s objective is to foster awareness among local, regional, and national stakeholders on various justice issues. To this end, JSP carried out activities such as justice related film screenings and working with local, national, and collective media outlets to disseminate information regarding access to justice. During the reporting period, JSP conducted interviews with key public officials and civil society representatives on justice issues; promoted accountability and the reporting of cases, which involves the effective application of justice at the local level; and supported the communication initiatives of counterparts working at the national and local level.
Cinema Forums on Justice Issues. During the quarter, JSP supported 10 film screening sessions as part of the “Empelicúlate con la Justicia” strategy. These films aim to raise awareness of populations including youth, women, campesinos, the LGBT community and victims to support them in accessing local justice services in Valle del Guamuez and Puerto Asís (Putumayo), Montelíbano (Córdoba) and the Carmen de Atrato (Chocó). In total, 868 people participated at these film screenings. The following films were screened: “Mateo”21, “Prayers for Bobby”22 and “El Silencio del Río”23 which promote a legal culture, resilience, conflict resolution, gender focus, and the search for disappeared persons.
These films have played an instrumental role in fostering relationships with the JSP Program and the participating communities as well as to communicate important messages regarding access to justice that strengthen trust between civil society and justice service counterparts in the regions. Film screenings are able to effectively reach public audiences with no previous knowledge of local justice services such as in Carmen de Atrato, which included the participation of 160 youth.
Partnerships with National Media Outlets. As a result of the partnership between JSP and Colprensa, a journalistic guide entitled, “How to Narrate Justice in Colombia” was published to improve how journalists portray justice issues in mass media. During the quarter, four regional forums were held to launch the guide in Apartadó (Antioquia), Quibdó (Chocó), Santander de Quilichao (Cauca), and Tumaco (Nariño). A total, of five forums, including one forum reported from the previous quarter, were held to launch the guide. Combined, these forums drew 420 people, including national and local journalists, consejos comunitarios representatives, women and youth social organizations, indigenous leaders, communications collectives, judges, prosecutors, conciliators, and mediators.
21 The narrative centers on the life of a16-year-old who extorts money in a corregimiento of Magdalena Medio. The young man finds a way out of his illicit lifestyle through theater, even though he is threatened by the criminal group to which he is associated. Based on this real story, Mateo and his mother discover dignity in facing the emergent structures from the armed conflict in Colombia. 22 Bobby Griffith is a homosexual adolescent that commits suicide due to religious intolerance in his society and from his mother, Mary. After this tragic event, Mary comes to understand her son’s sexuality and begins to fight for the gay and lesbian struggle. This movie is based on a novel that chronicles real life events that took place in the 1970’s. 23Anselmo is a boy who lost his father. Epifanio, a simple campesino, who lives in a world full of threats of violence. Two parallel lives which meet in a tragic manner. And one river connects them. Is the river like a tomb which sweeps away victims that the war wants to condemn into anonymity? Yes, but the river is also a memory which from its waters which flow towards the forgotten and demands a mourning for the deceased.
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This guide facilitates the institutions in implementing strategies to improve communicating justice issues to citizens. As part of the partnership between Colprensa and the MJD, the guide was presented at the Justice Forum for the Citizen in Bogotá in February. The guide can also be found on a mobile application, Colprensa, which can be downloaded via Apple’s App Store or Android’s Play Store. During this quarter, Colprensa published 18 journalistic articles centered on justice issues via media networks. A total of 50 articles were published, reaching JSP’s grant objectives with Colprensa and are listed in the table below.
Table 7. Publication on justice issues by the Colprensa network Article title Dates and media (digital and print Link to publications versions) “Ultimately restitution will reach 3 million hectares” El Colombiano (February 2, 2020) https://cutt.ly/CtldbXy (“Al final la restitución llegará a 3 millones de El Nuevo Día (February 4, 2020) https://cutt.ly/8tldlV5 hectáreas”) Print version Colombia- Toolbox on Conflict Resolution Methods (Colombia – Caja de Herramientas en Métodos de Diario Jurídico (February 5, 2020) https://bit.ly/33PitpK Resolución de Conflictos) The Toolbox, Solution to conflicts in the region (La Caja de Herramientas, solución a los conflictos El Nuevo Día (February 8, 2020) https://bit.ly/39pxMGt en el territorio) What is the Status of the Land Restitution Process? El País (February 14, 2020) https://cutt.ly/FtldYVd (En qué va el proceso de restitución de tierras) Restitution Will Reach Three Million Hectares El País (February 15, 2020) Print version (La restitución llegará a tres millones de hectáreas) Truth Commission Requests Actions Due to the Increase or Crimes against Social Leaders https://bit.ly/2Jex44o El País (February 22, 2020) (Comisión de la Verdad pide acciones por aumento de crímenes contra líderes sociales) Truth Commission Requests End of Killings of Social Leaders https://bit.ly/2xvaL7K El Colombiano (February 22, 2020) (Comisión de la Verdad pide frenar asesinatos de líderes sociales) Truth Commission Requests that the State Intervene in Response to the Killings of Leaders https://bit.ly/3brd7Du El Universal (February 22, 2020) (Comisión de la verdad pide al Estado que intervenga ante asesinatos de líderes) With Guides to Facilitate the Access for Victims to the Justice System La Opinión (February 27, 2020) https://cutt.ly/TtldD31 (Con guías buscan facilitar el acceso de las La Opinión (March 12, 2020) Print version víctimas al sistema de justicia) The Inspector General’s Office Joins to Reform the Family Commissioners Diario La Libertad (March 6, 2020) https://bit.ly/39lXo7k (Procuraduría se suma para impulsar reforma a Comisarías de Familia) Women through Dialogue Carry out Justice in El Nuevo Día (March 7, 2020) https://cutt.ly/etld2Cm Tumaco Vanguardia (March 8, 2020) https://cutt.ly/etld2Cm (Mujeres que a través del diálogo hacen justicia en Vanguardia (March 8, 2020) Print version Tumaco) Journalist Guide to Cover Judicial Issues Launched El País (March 12, 2020) Print version (Lanzan guía periodística para el cubrimiento El país (March 12, 2020) https://bit.ly/2xsV3tQ judicial)
Semana Rural Strategy. During this quarter, the rural justice strategy, which stems from a partnership between JSP and Proyectos Semana, promoted the “Rural Justice” section of this publication. This strategy promotes and updates the website www.justiciarural.com. Since its launching, this website has gained 29,576 followers and totaled 82,432 visits. It has published over 75 articles covering topics such as land restitution, ethnic justice, conflict resolution mechanisms, gender, and administrative
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justice etc. Also, through this partnership, two documentaries were produced promoting 1) LJSs (https://bit.ly/3dwdz5q) and 2) the Special Indigenous Justice (https://bit.ly/39k7HbZ). In total, four articles were published in Semana Magazine on issues related to justice. These products were all promoted through Semana Rural’s social media accounts (Twitter, Facebook, and Instagram). The following table illustrates these communication pieces.
Table 8. Publications of Rural Justice though the Semana Rural Strategy Article Title Date and media outlet Link to publication The Women Justices That Implemented a January 3, 2020, https://bit.ly/39R01hv Gender Focus to Protect Women Justicia Rural (Las jueces que le apostaron al enfoque de género para proteger a las mujeres) The Leader who Fights for Life amidst January 9, 2020, https://bit.ly/2V3Ei0J Death Threats Justicia Rural (La líder que lucha por la vida en medio de amenazas de muerte) The Essence of Indigenous Justice January 21, 2020, https://bit.ly/2widH7L (La esencia de la justicia indígena) Justicia Rural The Faces of Forced Displacement February 4, 2020, https://bit.ly/3dXehss (Los rostros del desplazamiento forzado) Justicia Rural Equal Access to Justice and February 4, 2020, https://bit.ly/34cmCEj Conciliation: Horizons and Perspectives (I) Justicia Rural (Acceso a la Justicia y Conciliación en Equidad: Horizontes y Perspectivas (I)) Equal Access to Justice and February 4, 2020, https://bit.ly/2V3FtNH Conciliation: Horizons and Perspectives (II) Justicia Rural (Acceso a la Justicia y Conciliación en Equidad: Horizontes y Perspectivas (II)) A Toolbox To Strengthen Justice in the February 10, 2020, https://bit.ly/39OmFay Regions Justicia Rural (Una caja de herramientas para fortalecer la justicia en las regiones) “Reconciliation is One of Our Greatest February 11, 2020, https://bit.ly/3aNZ6zW Challenges”: Ana Paula Barret Justicia Rural (“La reconciliación es uno de nuestros desafíos más grandes”: Ana Paula Barret) Documentary: Local Justice Systems February 19, 2020, https://bit.ly/2JHKc2n (LJS): Putumayo Justicia Rural (Documental: Sistemas Locales de Justicia (SLJ): Putumayo) Documentary: Indigenous Justice in February 19, 2020, https://bit.ly/3aP5Nl5 Colombia Justicia Rural (Documental: Justicia indígena en Colombia) Conciliate in the Jungle of Putumayo February 24, 2020, https://bit.ly/2x78Ma6 (Conciliar en la selva del Putumayo) Justicia Rural February 28, 2020, https://bit.ly/3aOxZ7V Campesino Feminism: The Power of Rural Justicia Rural Women (Feminismo campesino: el poder de las mujeres rurales) What are the Local Justice Systems (LJS)? February 29, 2020, https://bit.ly/3bZNSZ5 (¿Qué son los Sistemas Locales de Justicia Rural Justicia? (SLJ)) The App that Protects Women from March 12, 2020, Justicia https://bit.ly/2yptIcA Violence Rural (La app que protege a las mujeres de la violencia)
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Partnerships with Communications Collectives and Local Media. During the quarter, JSP established two partnerships with local collectives whose objective is to promote trust and citizen awareness through the design of communications strategies in coordination with local communications media outlets. As a result, 32 articles were published and 19 radio programs from community radio stations were broadcast. These pieces focused on gender issues, conflict resolution methods, ethnic justice, and training Radio program produced by the communications collective Sinergia on response to access to justice Comunicaciones at the community radio station Puerto Libertador Estéreo. The referral pathways. In addition, photo program focused on the roles of police inspectorates in this municipality in expos, documentaries, video clips, Córdoba on February 13, 2020. Photo: JSP Archive. film forums and regional justice journalism contests are expected to be carried out. Some of these publications produced by local collectives are listed in the table below.
Table 9. Publications on collective justice issues and local media outlets Dates and media (digital Article title Link to publication and print versions) Diocesis of Montelíbano Provides Accompaniment to 8 Sexual Abuse Victim Minors Diario La Piragua, January https://bit.ly/2Si3gI7 (Diócesis de Montelíbano brinda acompañamiento 22, 2020 a 8 menores de edad víctimas de abuso sexual) Coordination between the Special Indigenous Jurisdiction and the National Ordinary Justice Cauca.com.co, January 31, System 2020 https://bit.ly/2UHWtZL (Coordinación entre la Jurisdicción Especial Indígena y el Sistema Judicial Nacional Ordinario) Women from the Protest Rtc Noticias – Apartadó, https://bit.ly/2QP9CyW (Mujeres del Plantón) February 11, 2020 Indigenous Authorities and Judicial System Operators Ratifiy Commitments regarding the Implementation of the Inter-Jurisdictional Coordination Roundtable during 2020 ovidiohoyos.com February https://bit.ly/2JnBHZP (Autoridades indígenas y operadores del sistema 11, 2020) judicial ratificaron compromisos para operatividad de la Mesa de Coordinación Interjurisdiccional durante el 2020) Harmonization of Justice, Indigenous and Proclama del Cauca, Ordinary https://bit.ly/3aoywwT February 12, 2020 (Armonización de justicias, indígena y ordinaria) USAID and Colprensa Strengthen Communication Process in the Country’s Regions Rtc noticias – Apartadó, https://bit.ly/3ahAKOJ (Usaid y colprensa fortalecen procesos de February 15, 2020 comunicación en las regiones del país)
“Oyendo para sanar a Fun quid Iberia Was Invited to the Radio Program Quilichao” de Proclama del https://bit.ly/2UIo4d2 to Discuss the Strengthening of the LGBT Cauca, February 27, 2020 Community on Justice Issues
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(Funquidiversa fue invitada al programa de radio para hablar sobre el fortalecimiento de la población LGTB en temas de justicia) In Commemorating International Women’s Day, USAID launches the “Ellas” application Rtc noticias – Apartadó, (Usaid en el marco de la conmemoración del https://bit.ly/2UIo4d2 March 5, 2020 internacional de la mujer hace el lanzamiento de la aplicación “Ellas”) Aida Bossa Concert. Ellas App Launching (Concierto de Aida Bossa. Lanzamiento aplicación Y ajá Urabá, March 5, 2020 https://bit.ly/2vUQtV2 Ellas) Mobile Justice House Carried out the First route through Candelillas de la Mar. Canal CNC Tumaco en https://bit.ly/2xv6Qbq Casa de Justicia Móvil realizó el primer recorrido VIVO March 6, 2020 por candelillas de la Mar. News broadcast 12:30 Regional Afro and Indigenous Roundtable RCN La Radio Tumaco, m – RCN La Radio (Mesa regional Afro e Indígena) March 6, 2020 Tumaco Ellas, the App to Report Gender Violence is upgraded Blu Radio, March 6, 2020 https://bit.ly/3bsOTbX (Ellas, la app para denunciar violencia de género se reedita) The Conciliation, a Peacebuilding Instrument in Red de Reporteros Putumayo Comunitarios, March 6, https://bit.ly/33UEEL1 (La Conciliación, un instrumento para la 2020 construcción de Paz en Putumayo) Launching of the App: Everyone Free and Everyone with Them! Rtc noticias – Apartadó, https://bit.ly/2JedQMm (Lanzamiento de la app ¡todas libres, todas con March 9, 2020 ellas!) The Conciliation, a Peacebuilding Instrument in Putumayo Conexión Putumayo, March https://bit.ly/2TCn7nx La Conciliación, un instrumento para la 9, 2020 construcción de Paz en Putumayo Interview with Luis Carlos Gómez, General Editor of Colprensa and of the Guide “How to Narrate Justice in Colombia” @unicaucaestereo, March https://bit.ly/3anie7x (Entrevista a Luis Carlos Gómez, editor general 10, 2020 de Colprensa y de la guía “Cómo narrar la justicia en Colombia”) They Work for Access to Justice Diario del Sur, March 10, Print Version (Trabajan por acceso a la Justicia) 2020 Forum “How to Narrate Justice in Colombia”, Launching of the Journalstic Guide in Santander de Quilichao, Cauca @unicaucaestereo, March https://bit.ly/3butbV3 (Foro “Cómo narrar la justicia en Colombia”, 11, 2020 lanzamiento de la guía periodística en Santander de Quilichao, Cauca) Event Coverage of the Guide Launching and the Forum “How to Narrate Justice in Colombia” Proclama del Cauca, March https://bit.ly/2wItLzE (Cubrimiento del evento de lanzamiento de la guía 12, 2020 y foro “Cómo narrar la Justicia en Colombia”) The Journalistic Guide for Judicial Coverage in Colombia is Launched El País.com.co, March 12, https://bit.ly/2JgKMnl (Lanzan guía periodística para el cubrimiento 2020 judicial en Colombia) The App that Protects Women from Violence Semana Rural March 12, https://bit.ly/2yptIcA (La app que protege a las mujeres de la violencia) 2020 Guide to Narrate Justice is Launched Diario del Sur, March 13, Print version (Lanzan guía para narrar la justicia) 2020
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Conciliation in San Miguel, Putumayo Noticias Putumayo, March https://bit.ly/2ydn1KL (Conciliatón en San Miguel, Putumayo) 13, 2020 How to Understsand The Types of Gender Violence through a Cell Phone? El Tiempo, March 13, 2020 https://bit.ly/2Xg1snp (¿Cómo conocer los tipos de violencia de género a través de un celular?) Launching of the Journalistic Guide “How to Narrate Justice in Colombia” El Nuevo Liberal, March 14, https://bit.ly/2wItLzE (Lanzamiento de la guía periodística “Cómo narrar 2020 la justicia en Colombia”) Ellas, the App which Seeks a Colombia Free from Violence against Women Diario La Piragua, March https://bit.ly/3dzD59C (Ellas, la App que busca una Colombia libre de 17, 2020 violencias contra la mujer) Tierradentro, a Distant Path Towards Justice Panorama del San Jorge, https://bit.ly/2vRCyz3 (Tierradentro, un largo camino hacia la justicia) March 18, 2020 Using the Word against Gender Violence Diario del Sur, March 19, Print version (Usan la palabra contra la violencia de género) 2020 “Ellas” the Application that Prevents Violence against Women Red +, March 27, 2020 https://bit.ly/2UBWDTl (“Ellas” la aplicación que previene la violencia contra las mujeres.) With “Ellas” App Women Can Report Abuse During the Quarantine El Nuevo Siglo, March 28, https://bit.ly/2UUUQI1 (Con App “Ellas” mujeres pueden denunciar 2020 abuso durante cuarentena) An Informed Woman Can Better Defend Her Rights: Beatriz Quintero W Radio, March 28, 2020 https://bit.ly/2w5n3DA (Una mujer informada puede defender major sus derechos: Beatriz Quintero) An Application to Prevent and Report Violence against Women El Nuevo Liberal, March 30, https://bit.ly/2wOC0uo (Una aplicación para prevenir y denunciar las 2020 violencias contra las mujeres) Feel Protected during the Quarantine: With this Application You can Report If You are a Victim of Violence Noticias Caracol, March 30, https://bit.ly/2R86tKD (Siéntase protegida en la cuarentena: con esta 2020 aplicación puede denunciar si es víctima de violencia) With the App Seeking to Prevent Violence against Women during the Covid-19 Quarantine https://bit.ly/3dPkCX2 El Tiempo, March 31,2020 (Con app buscan prevenir violencia a mujeres en cuarentena por covid-19) Ellas, the App For Women Victims of Violence Seeking Help El Espectador, March 31, https://bit.ly/39zIPNH (Ellas, la app para que mujeres víctimas de 2020 violencia puedan buscar ayuda) The ELLAS Application Presents Its 2020 Edition For More Women Free from Violence! Primer Plano, March 31, https://bit.ly/2XaNvah (La Aplicación ELLAS presenta su edición 2020 2020 ¡Por más mujeres libres de violencia!)
Legal Advocacy Strategy This strategy focuses on several elements: providing judicial support through pro-bono legal representation for civil society members; promoting legal representation of marginalized communities through legal clinics or public interest rights groups that safeguard collective rights and interests; and strengthening or establishing scholarship programs oriented at justice-related careers in academic entities within JSP’s regions, including the participation of public and private sectors.
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Pro-bono Legal Representation. During the reporting period, JSP grantee Fundación Pro-Bono initiated its activities in the Urabá region providing legal services for individuals. On March 3, 2020 JSP coordinated the first focus group held in Apartadó in which 100% of those interviewed for potential representation were armed conflict victims. The initial session of 32 interviews yielded three potential constitutional cases, one family case, one criminal case, and three civil cases for a total of eight preliminary cases. Through a second focus group to be held in the coming quarter, the grantee aims to select a total of 20 cases to be represented in the region on a pro-bono basis.
Legal Clinics Promotion. During the quarter, JSP carried out its competitive process to advance its legal clinic strategy. It received proposals from the Universidad de Antioquia, the Universidad de Cauca and the Universidad del Rosario. The latter two were awarded contracts. The Universidad de Cauca will work in the municipalities of Caldono and Santander de Quilichao, while Universidad del Rosario will work in the departments of Antioquia, Chocó and Córdoba. In the coming quarter, the legal clinics will have selected cases resulting from working groups from each region.
Scholarship Programs. JSP’s objective was to support an existing scholarship program or promote the creation of a program in universities covering JSP regions. In this case, JSP approved the proposal from the Universidad del Cauca to create the scholarships program. This program will support 10 beneficiaries, who must be students in the last semester of law, coming from any of the municipalities in Northern Cauca, who credit leadership in the region for defending human rights or activities related to supporting LJS, with GPA equal or more than 4, and that have not received other benefits from the University. The university must guarantee to prioritize differential gender and ethnic approach in their selection. With the approved proposal, the University commits to creating the scholarship program as compensation for the support JSP is providing to improve its legal advice center infrastructure in Santander de Quilicaho with computer equipment generating installed capacity and improving attention by students to users of justice services. Via an administrative act, the Universidad de Cauca will establish the scholarship program for students at this location and will work to coordinate the activities with the LJCs.
Objective 3: Strengthened Judicial Responses for Victims of the Armed Conflict
The following section highlights results from JSP’s efforts facilitating coordination of land restitution processes; providing assistance to GBV victims; and carrying out and rapid response efforts. These results are direct outcomes of JSP’s technical support to strengthen the response capacities of civil society organizations and key government counterparts, and to monitor their progress, in order to improve sustainability in the regions.
Sub-Objective 3.1: Increased effectiveness and transparency in land restitution
JSP’s land restitution strategy seeks to improve institutional judicial response, specifically the compliance of judicial rulings regarding conflict victims. To this end, JSP supported trainings for magistrates, judges and employees as well as fostered their coordination with related entities dedicated to land restitution issues.
Strategic Support to the Superior Council of the Judiciary (CSJ). In February, JSP accompanied land restitution magistrates and the CSJ in advocacy efforts that proved successful in convincing the Supreme Court of Justice to participate in land restitution trainings and a regional institutional dialogue on land restitution. The first training was scheduled for March 27 and was going to include
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the participation of Luis Armando Tolosa Villabona (President of the Sala de Casación Civil), Aroldo Quiroz (Magistrate of the Sala de Casación Civil), Pedro Lafont Pianetta (former Magistrate of the Sala de Casación Civil), Jaime Correa (law professor specialized in procedural law) and Iván Escruceria (Auxiliar Magistrate of the Constitutional Court). Unfortunately, it had to be suspended due to the COVID-19 crisis. JSP aims to reschedule these trainings for the coming quarter and include up to 300 judicial officials as well as staff from entities such as the Ministry of Agriculture, the LRU, the Agustín Codazzi Georgraphic Institute, the ANT, the Victims’ Unit (UARIV by its Spanish acronym), the Department of Social Prosperity (DPS) and the Superintendence of Notaries and Registration (SNR).
In addition, JSP secured co-financing from the Rodrigo Lara Bonilla Judicial School (EJRLB) for upcoming land restitution trainings and coordinated with the CSJ for it to provide resources to ensure the sustainability of the initiative into the next year. JSP also accompanied land restitution judges in advocacy efforts to influence the Supreme Court of Justice to support other land restitution-related initiatives such as establishing the Agrarian Jurisdiction.
With regard to the land restitution judicial map and its possible modification, the section’s Magistrate Coordinator, Dra. Gloria Stella Lopez Jaramillo requested that the land restitution judicial officials provide qualitative information regarding the previous year’s activities to complement the quantitative inputs included in the document drafted by JSP. Dra. Lopez Jaramillo made this request prior to convening the Open Court where the project’s modifications would be discussed. The document includes, but is not limited to, relocating some judicial offices to areas where the presence of this specialty is required. The impact will be, for example, the creation of a new office in Popayán, Mocoa and/or Chocó to improve presence and coverage in land restitution issues. Once the information is consolidated, the Magistrate Coordinator can convene the open court to promote the recommended changes which is expected to take place in the coming quarter.
During this quarter, to support the electronic land restitution lawsuit filings led by the CSJ and the LRU, JSP efforts contributed to the creation of the electronic filing form for presenting 115 new filings. The LRU reported the CSJ the commitment to advance claims via this electronic medium in 12 regions for 2020. To date, only four regions have used this electronic lawsuit filing mechanism. JSP will continue the support of the electronic filing by creating the electronic filing form for external users (NGOs).
Table 10. Lawsuits electronically filed by the LRU during the quarter after creating the electronic filing form by JSP Code City Total 19001 Popayán 17 25000 Cundinamarca 6 50001 Villavicencio (Meta) 15 73001 Ibagué (Tolima) 77 TOTAL 115
Activity Coordination for the Specialty Committees. During the quarter, JSP provided technical assistance to implement three main activities. JSP supported the first activity in February in which the technology committee made a technical presentation on the changes made to the land web portal Web 2.0 oriented at lead system engineers from each of the judicial districts. In the coming quarter, virtual trainings on how to use the land web portal, oriented at judicial offices, will be held. The second activity was a meeting led by the procedures and process committee to consolidate criteria addressing issues which generate judicial debate. Magistrates from different expertise areas on land
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restitution participated at this meeting which was well received by participants for its relevance and importance. However, not all of the issues could be discussed during this session, due to the absence of the Supreme Court of Justice, which is needed to resolve bottlenecks regarding land restitution issues and to secure institutional consensus. The third activity supported by JSP involved convening the training committee which appointed responsible parties to advance the strategic plan which includes carrying out a virtual forum, developing a land restitution bulletin, developing an event update and a virtual library, among others. In the coming quarter, progress will be reported by its members.
Inter-institutional Coordination Efforts. In coordination with the Sub directorate, the Legal, and the Social Department of the LRU, JSP identified key issues to advance on the project for the MJSs to move forward. This coordination included discussion around land restitution issues, supporting the government strategy of PDET and supporting LJSs and Strategic Zones of Comprehensive Intervention (ZEII by its Spanish acronym) in the municipalities of Tumaco, Puerto Asís, Puerto Libertador, Buenos Aires, and Quibdó. These MJSs were expected to be carried out in April, starting with the hiring of consultants to provide evidence on the step-by-step process to establish land restitution MJS and conducting the first MJS in territory, but due to the COVID-19 situation, the timeline for the activity has changed.
Due to JSP-led inter-institutional coordination efforts, the ANT reported 176 new resolutions that complied with judicial rulings which were issued by land restitution judges. ANT’s progress on this issue stemmed from commitments made in dialogues held during the quarter. The solved resolutions were 176 distributed as follows: Nariño (22), Antioquia (44), Putumayo (55), Córdoba (7), Sucre (7), Risaralda (12), César (3), Santa Marta (7), Cartagena (16) and Ibagué (3). These data were reported to the technical secretariat of the CSJ, supported by JSP, and is the result of the commitment made during the technical meetings of 2019 of the judicial districts roundtables carried out by JSP.
Land Restitution Grants. During this quarter, new grants were signed with the Asociación de Cabildos Indígenas del Pueblo Siona Putumayo (ACIPS), Bajo Mira and Frontera Nariño and the Comisión Nacional de Territorios Indígenas (CNTI). Meanwhile, JSP grantee CCJ advanced in legally processing 24 cases, impacting 2,517 beneficiaries. Also due to CCJ’s support 18 organizations were strengthened through mentoring efforts, including 241 people trained on land restitution issues throughout all of JSP’s departments. A key highlight was the favorable outcome of a tutela for the Peñas Blancas resguardo in Chocó demanding the protection of their right to their territory. The decision also orders that the ANT advance greater recognition of their territorial rights for this indigenous resguardo.
Table 11. Judicial Representation of CCJ Cases Associated with Land Restitution Department Beneficiaries Indigenous Afro Colombian Campesino Cauca 86 12 - 74 Choco 308 308 - - Putumayo 1,123 1,123 - - Antioquia 106 - 2 104 Cordoba 596 - - 596 Totals 2,219 1,443 2 774
In addition, CCJ published six journalistic articles in the Verdad Abierta portal about the documented cases advanced with JSP support and presented the methodological proposal for the land restitution diploma course to be implemented with the Universidad de Antioquia and the Universidad del
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Cauca. Similarly, in Cauca, CCJ and JSP’s regional team coordinated an event with the LRU to create qualification request intakes for campesino victims of violence in the Naya region to be entered into the Forcibly Abandoned and Dispossessed Lands Registry. Over 30 people participated at this event. This achievement was made possible through JSP-supported activities that took place in the previous quarter ensuring that these requests were accompanied by case characterizations, context analysis and support documents to facilitate their evaluation and review by the LRU to ultimately determine their inclusion.
Sub-Objective 3.2: Impunity for conflict related GBV addressed
The following will provide a summary of key results during the reporting period of JSP’s gender strategy which aims to guarantee the integration of GBV across its Program objectives and activities related to access to justice, with a focus on supporting GBV victims. Among activities carried out to strengthen GBV and gender issues in the regions during the quarter were activities promoting the commemoration of International Women’s Day; a training led by the INMLCF for health and justice officials on forensic techniques for GBV cases; and advocacy carried out by JSP regional teams to incorporate gender issues into development plans.
Strengthening Capacities of Family Commissioners’ Offices. During this quarter, JSP continued to provide technical accompaniment to family commissioners to strengthen their GBV response capacities, in particular with regard to providing protection measures. National CSOs and JSP grantees such as Humanas and Sisma Mujer continued through their second grant phases implementing plans to strengthen family commissioner capacities in municipalities which were not reached during phase one.
JSP also provided continuous technical support to commissioners through a WhatsApp network in JSP municipalities. During the quarter, this support focused on providing trainings covering sections of the book entitled, “Family Commissioners and Violence against Women in Colombia: Points of Access and Institutional Challenges.” This book was published with JSP support and contributes to fostering reflections on the current situations of family commissioners in different municipalities across the country as well as obstacles faced in complying with related norms and their mandate. By continuously transmitting information via WhatsApp to the commissioners, JSP is facilitating reflections on the current status of family commissioners’ offices in JSP municipalities, their setbacks, and challenges in order to advance and support the reform bill concerning commissioners. Also, JSP supported an analysis to be carried out on the administrative and judicial responsibilities that pertain to family commissioners in issuing protection measures for GBV and domestic violence. Finally, to commemorate International Women’s Day, JSP supported efforts to disseminate information on the ELLAS mobile app emphasizing the importance of using virtual tools to inform GBV women victims about referral pathways to protect their rights and access justice.
To further support the dissemination of GBV victim response referral pathways, JSP supported the National Women’s Network (RNM by its Spanish acronym) to refine the ELLAS app to better respond to the realities of the 45 targeted municipalities and to launch the corresponding upgrade. The app now incorporates the following features: GBV referral pathways of the 45 JSP priority municipalities; a panic button to facilitate women users in alerting their situation; geo referencing; and a survey feature that allows women users to provide feedback about the reporting and protection measures response they received from entities responsible for those services.
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Updating and Launching of the ELLAS App. To commemorate International Women’s Day, JSP supported the planning and performance of two concerts launching the ELLAS app. One concert was held in Apartadó on March 8 and the other was planned to be held in Santander de Quilichao on March 20. The latter concert ultimately was suspended due to the COVID-19 alerts issued by the government and is now expected to take place in June, contingent upon the approval of the local and national governments. Additionally, the app launching plan included a wide-reaching communications strategy aimed at diverse audiences. The communications strategy included the production of audiovisual pieces to promote the events as well as the dissemination plan with national influencers to promote the app and its contents via social media. On Twitter, 22,682 people viewed the content while on Instagram 20,000 people viewed the content, of which 920 passed on this content through their personal accounts. This spread of information via social media contributed to 412 women from different cities across the country accessed the Android link and 315 women accessed the iOS link. In addition, JSP produced an illustration which was inspired by the app’s interface and which also was used in a mural painting in Apartadó.
JSP also produced two television commercials to promote the app featuring two singers from the launching events (Aida Bossa and Clase Candente). In addition, JSP produced five informational clips showcasing the app functions and informational post cards using the app illustration. Inflatable advertising was also used to inform on the app at the concert location. The RNM supported the recording of radio clips broadcast by several Launch of the ELLAS Mobile app in Apartadó (Antioquia), on March 8, 2020. Photo: radio stations in the Urabá JSP Archive region. On social media, JSP supported the design of digital posters and fact sheets as well as the spreading of a press release sent massively through media outlets.
Two days prior to the app launching in Urabá, and in partnership with Apartadó’s LJS, three awareness-raising workshops were held on justice for GBV cases, led by the RNM. Participants included officials from the mayor’s office, women and youth leaders from the region. In total, 329 people increased their knowledge on women’s rights and access to justice for GBV victims while receiving help downloading the ELLAS app. The RNM also carried out an evaluation workshop for 35 women from the Urabá region from the municipalities of Vigía del Fuerte, Turbo, Carepa, Chigorodó, Mutatá and Apartadó to provide them with the capacities to promote downloading the app at the March 8 event as they were to serve as facilitators at the event. The concert which was held in La Martina park in Apartadó gathered 1,200 people and resulted in the downloading of 950 apps. Furthermore, from March 8-19 the app was downloaded 1,890 times.
The following table illustrates additional events supported by JSP to commemorate International Women’s Day:
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Table 12. Commemoration of International Women’s Day Activities
Number of Dept. Municipality Activity Main results participants Action plan designed jointly to First meeting of municipal 64 people including coordinate the implementation gender mechanisms to gender reference points of the gender equity public All prioritized Chocó implement the gender and social agents from policy and to advocate for the municipalities equity public policy for 30 municipalities in inclusion of women and gender Chocó women Chocó. lines into the development plans. Community from Apartadó March for a Life Free Over 700 women from increased awareness regarding a Apartadó from Violence for urban and rural area life free from violence against Women CSOs women. 40 people including Community from Apartadó Dialogue with municipal women CSOs from increased awareness regarding a Antioquia Apartadó women representatives Apartadó and the life free from violence against oriented at youth groups community-at-large women. Community from Apartadó Urabá Poetry Event: “IN 80 people including increased awareness regarding a Apartadó THE SKIN OF THE women CSOs and life free from violence against EARTH” academia women. The women participants of the indigenous communities shared their knowledge on indigenous traditional justice and their Experiential and mechanisms which look after knowledge exchange of the wellbeing of men and Barbacoas the AWÁ, Epedara, 90 women women towards the Sapidaara, Nasa, Inga and strengthening them via Kamiza communities traditional medicine and Nariño spirituality to prevent and protect indigenous women from all types of violence. The legal foundation for the Coordination meeting to development and reactivate the municipal Roberto Payan 10 women implementation the municipal women’s roundtable in gender public policy was Roberto Payan explained. Orientation of GBV response Tumaco Forum- Workshop 15 women pathways The event sought to develop empowerment strategies for Experiential women’s 46 women from urban women through the recognition Montelíbano conference and rural areas of their rights and redefinition of the woman’s role as a fundamental pillar of society. Córdoba In coordination with the mayor’s office and programs Workshop on women’s including IOM, PAC, and USAID economic autonomy and JSP. The event emphasized rural Tierralta 200 women the right to a life free women and the need for from violence economic autonomy and women’s rights.
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To empower women regarding the defense of rights, a workshop was carried out with Commemoration of women from the municipality on Valle del International Women’s women’s rights and the Putumayo 700 women Guamuez Day identification of the different types of violence through the violence meter tool. This event was carried out in coordination with the mayor’s office. A historical memory act focused on emblematic women from Santander de Quilichao was Recognition of carried out highlighting the role Santander de emblematic women Cauca 250 people of women throughout history, Quilichao leaders from the city in the sciences, arts, culture and
in sports from a diverse standpoint through a photographic gallery exposition. APPROXIMATE TOTAL 2,195 participants
Beyond the public health risks caused by COVID-19, many women whose homes do not represent a safe place face an additional risk to their well-being during preventative isolation. In response, JSP designed a communications campaign entitled, “I choose to stay at home, I choose to be safe” which further promotes the use of the ELLAS app. The campaign includes audiovisual and graphics pieces, press bulletins and a series of messages for social media use. To promote this strategy, JSP established an alliance among local governments, mayors’ offices, communications collectives, women’s organizations of the 45 municipalities together with free press in national and local media.
As a result of this campaign, by the end of the quarter, there were 2,700 downloads and since the government’s preventive isolation order close to 800 downloads of the app were reached. In addition, by the end of March, close to 50 posts promoting the campaign were made on social media accounts from mayors’ offices, governors’ Image for the “Elijo estar en Casa” COVID-19 campaign offices, and social organizations. Journalistic articles were also published in El Tiempo, El Espectador and broadcast via Caracol News.
Training the National Institute of Legal Medicine and Forensic Science (INMLCF). During the quarter, JSP supported the INMLCF through a training for its health and justice sector staff on forensic techniques regarding GBV cases. In the first workshop held in Mocoa, Putumayo, 33 staff participated including family commissioners and their psychosocial team, health professionals and judges. Other issues addressed through the trainings included basic GBV concepts, response focus, GBV and gender norms, medical legal evaluations of sexual violence victims, physical exams, sample taking and custody chain, inter-sectoral response referral pathways, expert reports, and case work. With this newly
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gained knowledge, health and justice sector staff can provide an improved and comprehensive response to GBV victims with an emphasis on sexual violence within a forensics context. In March, these workshops were scheduled to take place in Santander de Quilichao (Cauca) and Tumaco (Nariño); however, due to the COVID-19 crisis, these trainings were suspended. These workshops will be rescheduled for the coming quarter with the INMLCF.
JSP Advocacy to Include Gender Issues into Municipal Development Plans. Finally, during this quarter, JSP, together with CSOs dedicated to addressing GBV, developed a document to guide them in drafting proposals to incorporate gender issues as part of access to justice into municipal development plans. To date, the proposals presented to 37 municipalities all have gender and GBV response strategy components.
Table 13. Main Advocacy Activities Focused on Gender Issues Dept. Municipality Advocacy Activity Main Results - The CSOs established themselves as an organizational reference to Consensus-building event held implement the equity public policy in with JSP support partnering those municipalities. women’s organizations to better - Development of technical, understand the issues impacting methodological, and instrumental women and strengthening their Montelíbano, capacities of 30 women in legal advocacy capacities to build an Puerto advocacy efforts. Equity Policy in the municipality Córdoba Libertador and - Updating of the situational status of and the promotion of consensus- San José de women within the framework of the building mechanisms among Uré 2020-2023 PDM diagnostic component women’s organizations and local for the municipality of Puerto government from Puerto Libertador. Libertador to address gender - Contributions regarding the definition of equity issues and access to the gender equity programmatic line justice. within the 2020-2023 PDM for the municipality of Puerto Libertador. Accompaniment provided by JSP to the departmental administration to carry out thematic roundtables in Puerto the Program’s prioritized Leguizamo, municipalities and a justice and The municipalities of Leguizamo, Orito, San Orito, San human rights roundtable was led Miguel, Puerto Asís and the departmental Miguel, Puerto addressing and making administration included in specific gender Asís, and the recommendations regarding GBV equity programs into their strategic departmental referral pathways, activation and planning. administration awareness raising of referral Putumayo pathways, and trainings for justice operators on response with a gender and differential focus. Puerto Asís, Valle del JSP supported LJC performance Guamuez, San and supported the including of LJC action plans including gender-focused Miguel, Orito, gender-focused activities. activities. Puerto
Guzmán and
Puerto Leguizamo JSP participation at the gender All of the equity public policy committee to A document was developed including priority define an advocacy document into objectives and strategic lines regarding Chocó municipalities the departmental development women and gender equity issues. in the plan with regard to gender equity department intervention lines, as well as the
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development of objectives and strategic lines regarding interventions on women’s and gender equity issues. On February 23, JSP participated at the Atrato Subregional Roundtable to develop the Keynote presentations were delivered and All of the departmental development plan analyzed with results from each technical priority which included the participation of roundtable to systematize inputs towards municipalities CSOs, state institutions, sports developing the development plan. in the organizations, women’s
department organizations, youth organizations,
ethnic organizations, international cooperation organizations, and UN agencies. On February 27, JSP held an meeting with the coordinator of the The municipal administration confirmed that municipal’s development plan to Carmen de the JSP program strategic lines will be Antioquia advocate for the inclusion of JSP Atrato included in the development plan for the justice strategy lines. Strategic municipality of Carmen de Atrato. lines, objectives, activities, and achievements were presented. A political advocacy visits by the Carepa, JSP Antioquia regional Awareness raising with the new public Mutatá, coordinator and the regional team official leaders on LJSs and the importance Chigorodó, was carried out to support the of including a gender focus into the Turbo and inclusion of a gender and justice development plan. Apartadó line into the development plans. JSP participation in the A strategic document was developed with community workshop with recommendations focused on access to Apartadó institutions on the “Protective justice to create partnerships to guarantee Factors” line to be developed in differential and gender foci as central to the the municipal development plan. protection of rights. JSP participation at the regional and technical roundtables to The inclusion of the strategic line: 1. Caldono develop the municipal “Family, gender equity and diversity
development plan “Unity Pact for inclusion” was achieved. Social Change in Caldono” JSP participation at the regional The integration of the gender focus: and technical roundtables for the Development and Implementation of GBV Jambaló development of the municipal Referral Pathways and LGBT community development plan “Jambaló which clearly assigns responsibility to each advances with you” entity. JSP participation at the regional and technical roundtables to Projects supporting women and the LGBT contribute to the drafting of the Cauca community will be developed within the Corinto municipal development plan social inclusion and productive program for “United for the inclusive vulnerable communities. comprehensive development”
JSP participation at the regional and technical roundtables to The “Caloto women and gender equity” line Caloto contribute to the drafting of the was included. municipal development plan. The commitment to develop a house for JSP participation at the regional women victims of domestic violence and the Santander de and technical roundtables to strengthening and implementation of GBV Quilichao contribute to the drafting of the referral pathways was established and municipal development plan. included
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JSP participation at the regional Specific line was establishing in the plan and technical roundtables to regarding women public policies and the Tumaco contribute to the drafting of the implementation of GBV and diverse municipal development plan. orientation referral pathways. - Development of gender equity for women public policy. - Cross-cutting integration of gender JSP participation at the regional focus Francisco and technical roundtables to - Development and implementation of Pizarro contribute to the drafting of the GBV referral pathways. municipal development plan. - Development of strategies that will guarantee the recognition of the LGBT community JSP participation at the regional Promotion of gender equality and and technical roundtables to Santa Bárbara strengthening the women’s and gender contribute to the drafting of the office. Nariño municipal development plan. JSP participation at the regional An indicator battery to develop project and technical roundtables to Magüí Payan benefitting women and the LGBT contribute to the drafting of the community was included in the Plan. municipal development plan. - Advances made in the implementation JSP participation at the regional of the policy that carries out follow-up, and technical roundtables to evaluation and prevention of GBV. Roberto Payán contribute to the drafting of the - Development and implementation of municipal development plan. the public policy oriented at the diverse sexual identity community. - Development of a diagnostic on JSP participation at the regional women’s situation regarding access to and technical roundtables to justice. Barbacoas contribute to the drafting of the - Promotion of the implementation of the municipal development plan. Access to Justice and Gender Policy in the municipalities of Telembí.
Institutionalization of the Gender Perspective in the Judicial Branch. During this quarter, the National Gender Commission of the Judicial Branch (CNGRJ by its Spanish acronym) led a workshop where a training module developed for the CSJ and the EJRLB was validated. Both the CSJ and the EJRLB will go on to use this module in facilitating future trainings. The module, developed with JSP support, consists of two main parts. The first part is oriented at trainers and the second part oriented at the students, who are judges. This training tool used with the EJRLB ensures the institutionalization of a gender focus within the CSJ and strengthens strategies to incorporate a gender focus into rulings issued by judges. JSP also supported the graphic design needed to successfully facilitate the training module via a virtual platform.
JSP also aided the CNGRJ in disseminating the results of the Second Sentencing Contest with a Gender Focus through two academic dialogues held at two universities. These dialogues engaged university students, academic professionals and state entity members who learned about the winning sentences and were given the opportunity to discuss directly with the winners their contributions related to each jurisprudence, their rationale as well as the analysis carried out by the jurors. The first dialogue was held on February 13 at the Universidad Santo Tomás in coordination with its law school’s Human Rights Master’s Program and had 50 participants. The second dialogue was held on February 25 at the Universidad de Los Andes in coordination with its law school and had 33 participants. A final dialogue is scheduled to take place in April at the Universidad Externado de Colombia also in coordination with its law school.
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Also, during the quarter, through a subcontract with Corporación Humanas, JSP supported making changes to the jurisprudence tool used by the CNGRJ. Changes to the tool included developing support material to assist with issuing sentences. This material included seven modules and a glossary which clarify basic concepts regarding jurisprudence and norms related to GBV to strengthen judicial officials’ capacities in the regions as well as those of civil society and other stakeholders. This material can be accessed through three platforms: through the judicial branch’s web page; through a mobile offline version via USB to facilitate access where there is no internet connectivity; and through a smartphone app which is currently available for Android phones which, following its download, can operate offline as well. The iOS version was designed but is currently undergoing approval processes by the App Store. Seven workshops were scheduled aimed at judges to familiarize them with the tools. To date, four workshops were carried out: Tumaco (Nariño); Cali; and two workshops in Montería (Córdoba). The workshops scheduled for Mocoa (Putumayo) and Quibdó (Chocó) were suspended on account of the COVID-19 crisis. JSP plans to reschedule them next quarter.
In addition, JSP continued to provide technical assistance to the Constitutional Court through a consultant conducting research to highlight the role of women in the justice sector as well as the challenges of access to equality in the judicial workforce. The research aims to develop awareness and commitments to foster increased equity in the judicial branch. Final research results are expected by the first week of April. Once a final document is completed, meetings will be coordinated with the court’s magistrates to present the finding and advocate for the implementation of gender equity actions within the court.
Institutionalization of a Gender Focus in the Attorney General’s Office. Given the internal leadership changes at the FGN, JSP support to the FGN for GBV issues was significantly limited. Nonetheless, in March, JSP held a coordination meeting with the new Delegate for Citizen Security. At this meeting, guidelines on the continuity of the peer-to-peer strategy were shared. In addition, a new project point of contact was established in the FGN as well as the assignment of prosecutors for each of the prioritized crimes.
Efforts to institutionalize the peer-to-peer methodology for GBV cases in coordination with the FGN’s Office of Advanced Studies suffered a setback when a systematization workshop scheduled in February was canceled due to the ongoing internal FGN leadership changes. Nonetheless, the Office of Advanced Studies, the FGN’s Sub-Office for Public Policy, and JSP developed a methodology to prioritize GBV processes using the peer-to-peer strategy. This resulted in a jointly developed document which provides prioritization criteria accompanied with a prioritization test for GBV processes. This test consists of application rules and a checklist including objective criteria, subjective criteria of the victim and aggressor: and other complementary elements.
To further support the FGN in prioritization and case follow-up using the peer-to-peer methodology, JSP provided technical support in prioritizing nine new cases. As a result, outcomes included: 245 reviewed cases24 and 155 prioritized cases25 for procedural advancement as indicated in the following tables.
24 Reviewed: It is the total number of processes whose files are reviewed, and their circumstances of criminal acts analyzed. 25 Prioritized: Those cases that due to their characteristics and defined criteria are selected for support in their advancement and will be accounted for in JSP indicators.
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Table 14. Prioritized Cases by Department (January – March 2020) Prioritized cases for Department Cases Reviewed procedural advancement with JSP support Putumayo 145 95 Cauca 80 40 Chocó 20 20 Total 245 155
Table 15. Total Prioritized Cases by GBV Type (January – March 2020) Prioritized cases for Violence type Cases Reviewed procedural advancement with JSP support Domestic Violence 107 69 Sexual Violence 95 60 Feminicide 43 26 Total 245 155
Table 16. Summary of GBV Cases Supported by JSP Cases prioritized for Cases Special monitoring procedural advancement Quarters Reviewed cases for FGN with the JSP support group October to December 2018 194 92 67 January to March 2019 1318 106 416 April to June 2019 228 23 136 July to October 2019 131 0 24 October to December 2019 158 0 81 January to March 2020 245 0 155 Total 2274 221 879
In March, follow-up trips were planned in the departments of Chocó and Nariño. However, due to the COVID-19 situation, these trips were suspended. As a result, JSP technical support focused on prioritizing new cases during the months of January and February and, therefore, the data figures regarding procedural advancement remained the same as the previous quarter which is illustrated in the table below.
Table 17. Procedural Advancement by Department (January – March 2020)
Cases which the Cases which were Cases which report Department response referral received follow-up procedural advancement pathway was activated
Putumayo 192 84 96 Córdoba 138 72 61 Nariño 233 33 82 Chocó 67 31 35 Cauca 83 66 39 Antioquia 85 37 19 Total 798 323 332
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Table 18. Actions in Cases with Procedural Advancement Procedural Advances Judicial Police Orders 306 Judicial Police Report 66 Imputation Formulation 51 Order for Arrest 78 Arrest 32 Change in Procedural Stage 67 Files 11 Other 39 TOTAL 650
Legal Representation and Psychosocial Accompaniment to GBV Victims and Strengthening of Local CSOs. During this quarter, JSP continued support to national CSOs and local CSOs providing legal representation and psychosocial accompaniment to GBV victims. JSP grantees Sisma Mujer and Humanas continued to provide legal and psychosocial support to a total of 66 GBV victims from JSP municipalities. At the local level, JSP provided technical support to 12 local women’s CSOs (two per department) to strengthen their litigation competencies and provide psychosocial support through the accompaniment of national women CSOs. In total, these local CSOs are supporting 99 GBV women victim cases. Combined with the support provided by Sisma Mujer and Humanas, 165 cases are being supported by both local and national women’s CSOs.
Also, during this quarter, Sisma Mujer made encouraging headway on a GBV case presented before the Inter-American Commission of Human Rights (IACHR). Sisma Mujer requested precautionary measures for the victim and her nuclear family due to risk of femicide for a GBV case managed by REDMUNORCA, a local organization in Cauca supported by Sisma Mujer. The IACHR accepted the request and issued precautionary measures. This response was a first to be taken by the IACHR regarding a femicide risk case. The IACHR declared that the State did not comply with its obligation to protect the life and integrity of the woman and ordered that the State provide measures for her and the nuclear family as well as advance pertinent investigations to her case, as is the State’s responsibility to conduct its due diligence26.
Due to JSP’s support to LGBT CSOs such as Caribe Afirmativo and Colombia Diversa, 44 GBV cases of LGBT victims are also receiving legal representation. To complement these efforts, Círculos de Estudio provides psychosocial accompaniment to these same victims. In addition, Caribe Afirmativo and Colombia Diversa provided trainings to the LJSs on LGBT issues and provided accompaniment to 12 local CSOs working on LGBT rights issues to strengthen their advocacy competencies. Furthermore, during the quarter, JSP facilitated an agreement between the local CSO REDMUNORCA and Santander de Quilichao’s justice house to provide legal support and psychosocial assistance to GBV victims once a week from the justice house. Also noteworthy during this quarter, were the effective advocacy efforts made by local women and LGBT CSOs, with accompaniment from national CSOs, to ensure the inclusion of GBV, gender, and women’s and LGBT rights in local development plans.
Sub-Objective 3.3 Impunity for serious conflict-related crimes addressed
Support to the FGN in Trainings Regarding Serious Crime Issues. During the quarter, JSP provided technical assistance to the FGN’s Special Investigation Unit (UEI by its Spanish acronym) to convene all the actors involved in the creation of a diploma course tailored for judicial and prosecutorial
26 For more information, please see annex entitled “Resolución CIDH 9.2020” of this report.
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investigators on international standards of victim profiling. JSP also collaborated with the UNHCHR to create the technical content for the course which is oriented at training and certifying 35 participants by international experts which will result in validating a protocol proposal to document victim profiles developed by the UEI. The diploma course is scheduled to initiate in the third week of May, JSP will also provide financial support for its development.
Advances of Grants Addressing Serious Crimes. During the quarter, JSP continued to support national CSOs in accompanying victims seeking access to justice via ordinary criminal justice. Through grant support to CCJ, legal representation was provided to 10 cases that also received psychosocial support by CSO Círculos de Estudios. These cases are homicides of protected persons and homicides of leaders as well as disappearances and forced displacements. The cases are listed in the table below.
Table 19. Number of victims assisted and the punishable conducts Number of Case Description27 victims with Case name Location Conduct legal representation This case includes four direct victims (Kimy Pernía Domincó, Disappearance Alejandro Dominicó, Lucindo Dominicó y José Ángel Embera Katio- Alto Sinú- Dominicó). Of these, three were homicide victims and one and Homicideada y 16 Urrá Córdoba was a forced disappearance victim. The four victims were Homicide Embera indigenous community members. These acts took place between February 1, 1999- June 2, 2001. Forced displacement of 94 families allegedly perpetrated by Turbo- Forced paramilitary group members. Blanquicet is the name of the Blanquicet 34 Antioquia displacement corregimiento of the municipality of Turbo where these acts were committed. Chidima, Tolo Acandí- Displacement This case involves a displacement risk situation for Embera 150 indigenous communities resulting from the energy-based and and Pescadito Chocó risk road infrastructure projects carried out in their territories. This case pertains to two indigenous victims reported by the San Francisco Toribio- Extrajudicial army as casualties in June 2006 (Arnoldo Musicué Secue y 7 Roberto Poto Musicué). Allegedly a group of killed military Resguardo Cauca execution officer in the region broke into the victims’ homes to abduct them before killing them. Campesina Mr. José Adalberto Torrijano was a coordinator for the Corinto- Corinto campesino guard in Cauca. On September 23, 2017, Guard Homicide 3 Cauca he responded to a call from the community to intercede on Corinto behalf of some detained campesinos by members of the army. In 2001, the victim, Mr. Sigifredo Bravo was living on his his Contragloban Turbo- Forced property in the municipality of Turbo, Antioquia located at 2 kilometer 27 of the PanAmerican Highway. Four armed men Leader Antioquia displacement convened there to threaten him to force him to abandon his land. Awa Puerto Homicide and On July 14, 2013, the victims’ liaison for the municipality of Puerto Caicedo and the Awá governor for the Damasco Vides Putumayo Caicedo- forced 2 resguardo, Jhon Alberto Chapal Pascal, were stopped on the leaders Putumayo displacement inter-municipal road by men who killed Mr. Chapal Pascal. Homicides of On December 2, 2018, two community leaders were killed: El Palmar- Ricaurte- Hector Ramiro García and his son Arturo García. One of them indigenous 7 Awá resguardo Nariño was a traditional authority, the “Elder”, and the other recently leaders was elected governor of the Greater Awá Cabildo of Ricaurte. On April 12, 2019, after presiding a humanitarian mission that Embera Riosucio- Homicide of denounced impacts to the civilian population resulting from 1 Eyádiva Chocó indigenous leader territorial control disputes between the AGC and ELN, armed men killed Aquileo Mecheche Barahon.
27 The victims’ names reported in this column correspond to incidents broadly reported via national and local media and as a result they are listed.
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Number of Case Description27 victims with Case name Location Conduct legal representation Campesino The circumstances of his recruitment are unknown. The youth Montería- disappeared from the city of Montería and was reported as a youth from False positive 1 Córdoba FARC member who was killed in action in the municipality of Itsmina Istmina in 2006. Total 223
CCJ’s mentoring support to five local CSOs28 also continued to yield positive outcomes during the quarter. These organizations successfully selected and identified eight cases each that they will represent as part of their legal representation strategy and provide psychosocial accompaniment as part of their grant agreements. In addition, to strengthen technical orientation and supervision provided by JSP regional offices to these grantees, a JSP specialist developed a guide detailing analysis criterion that should be used when evaluating legal advances reported by CSOs to ensure comprehensive and precise communication about progress made through their legal representation of serious crimes.
During the quarter, CCJ also made progress in defining a training program designed for judges, prosecutors, and CSO representatives that carry out legal accompaniment and representation to victims of serious crimes in each of JSP departments. The training is scheduled to start in July 2020 and will provide theoretical and practical tools to guarantee the right to access justice for cases of human rights violations. During the quarter, CCJ advanced outlining the contents of the training course including an activity timeline.
Finally, three JSP grantees29 working on documentation of human rights violation cases or threats against HRDSL made progress in defining work plans and developing methodologies for case selection, characterization, and documentation. In addition, to strengthen the technical accompaniment to these grantees, JSP developed a case documentation guide30 which aids in identifying variables which provide legally relevant information.
Sub-objective 3.4 Rapid-response interventions effectively implemented
Via this sub-objective, JSP can provide immediate responses to situations related to a particular demand or an opportunity to improve attention to conflict victims; provide justice services; establish trust or other programmatic aspects that may not necessarily be included in the work plan but are considered timely and strategic opportunities to solve emerging demands. The following interventions relate to the corresponding national counterpart entities.
Strengthening Activities for HRDSL for the FGN. To support the FGN in advancing HRDSL case investigations during this quarter, JSP maintained the database registering the number of HRDSL homicide cases in JSP departments. The figures indicated in Table 20 correspond to the total number of homicides verified by the United Nations.
28 These organizations are: Diócesis de Tumaco (Nariño), Diócesis de Mocoa (Putumayo), Renacer-Alto El Palo (Cauca), Coadforpaz- FISCH(Chocó) and Diócesis de Apartadó (Antioquia). 29 The three beneficiary CSOs of these grants are: Benposta Nación de Muchachos of the department of Córdoba which started on February 26, 2020; Corporación para el Manejo de Conflictos of northern Cauca (COMAC) del Cauca starting on March 2, 20202; and the Instituto Popular de Capacitación (IPC) of Antioquia, which started on February 19, 2020. 30 For more information on this guide please see annex entitled “Guía Documentación de Casos JSP”.
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Table 20. Number of Identified Cases by the FGN Department No. Of homicides Antioquia 79 Cauca 134 Chocó 25 Córdoba 14 Nariño 35 Putumayo 24 Total 311
During the quarter, JSP’s technical support to the FGN’s efforts to advance legal investigations resulted in hiring two additional consultants, raising the total number of JSP consultants from four to six. Due to this, there was greater coverage of prioritized cases during the quarter with an increase from 64 to 99 cases. In addition, regional coverage of prioritized cases was also broadened to include the department of Cauca. This complements efforts already being carried out in Putumayo, Córdoba, and Nariño from the previous quarter.
Table 21. Number of Prioritized Cases Department Prioritized cases Procedural phase Inquiry: 24 Putumayo 30 Ruled: 7 Inquiry: 15 Córdoba 20 Investigation: 2 Ruled:3 Inquiry: 14 Nariño 26 Investigation: 4 Ruled: 8 Cauca 23 Inquiry: 23 Total Cases 99
During the quarter, due to the consultant team’s support in Putumayo, there was an increase of 12 prioritized cases bringing the total to 30 prioritized cases. Seven of these 30 cases advanced to the procedural phase, after completing the inquiry phase. Due to the new FGN guidelines, JSP made a change to the consultant team. The consultants who were assigned to the Delegate for Citizen Security were transferred to support the Special Investigations Unit, which may impact the number of prioritized cases for each department in the coming quarter given that the Special Investigations Unit uses a different method to track case numbers compared to the Delegate for Citizen Security, likely offsetting figure totals moving forward for each department. However, JSP arranged for the cases supported by the Delegate consultants to be followed-up on till they reach a new procedural phase. Finally, based on an urgent request by the Special Investigations Unit to advance investigations of cases dating from December 2019 in the Bajo Atrato region, JSP will provide technical support via a consultant solely dedicated to this region. By the end of the quarter, the consultant was being hired.
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Support to PGN Activities to Strengthen HRDSL Protection. JSP continued to provide support to the PGN to advance follow up and monitoring to protect HRDSL per Directive No. 002 of June 2017. During the quarter, JSP provided technical assistance to carry out Putumayo’s Protection for Life Roundtable held in Puerto Assis on March 2-3. At this event, 130 people participated on the first day and 350 Putumayo Roundtable Flyer people participated on the second day. Among key speakers who addressed the event included the Inspector General, Fernando Carrillo Flórez; the Vice Ombudsman, Jorge Enrique Calero Chacón; Francisco de Roux, President of the Truth Commission; Carlos Ruiz Massieu, Special Representative and Chief of the Verification Mission; Emily Wann, USAID Deputy Director of the Democracy, Governance and Human Rights Office; John Freddy Peña Putumayo’s governor; and Alicia Arango, Minister of Interior.
At this event, the participating HRDSL presented thematic groups to audiences that included state entities. Issues addressed included the humanitarian crisis; regional impacts; the National Comprehensive Substitution Plan (PNIS by its Spanish acronym), and security and protection. On the latter issue, key aspects raised included risks associated with armed group confrontations; human rights violations; conflicts brought on by oil companies, challenges related to the access, use, and ownership of land; and stigmatization against leaders by public security forces, among others. Based on these discussions, a series of proposals to the State were made. Among these include strengthening conflict resolution processes by social and community organizations in the regions (JAC, consejos comunitarios, indigenous authorities); recognition of collective protection methods; recognition of ethnic authorities; and recommendations for the National Protection Unit (UNP by its Spanish acronym).
The Inspector General expressed that, “the UNP should institutionalize and carry out a Risk Evaluation and Measures Recommendation Committee (CERREM by its Spanish acronym) in Putumayo; the UNP should step outside of Bogotá and direct contact with the community is necessary to provide effective protection mechanisms.” Finally, the following recommendations were suggested to be included in the action plan: signing of a pact between public entities and civil society against stigmatization of human rights and civil society leaders; development of a differential protection referral pathway that includes hiring women as part of the protection program to serve as body guards to protect women leaders and human rights defenders; carry out inter-institutional verification missions to inquire about possible human rights violations and international humanitarian law infractions by public security forces (comprised of the UNHCHR, Public Ministry, and the Ministry of Interior’s human rights office); accompany the PGN in re-engineering the UNP to guarantee improved response to protection requests for leaders; and carry out a coordination roundtable with other entities and the community to advance on priority issues including a protection protocol.
Also, during the quarter, JSP carried out follow up of the regional action roundtable in Apartadó (Urabá). In February, trainings were held based on Directive No. 002 of June 2017 in Carmen del Darién and Rio Sucio. At these trainings, 53 people participated including civil society and public officials. In addition, Antioquia’s government secretary participated in a training led by the PGN for
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newly inducted departmental governor secretaries to ensure that comprehensive protection plans for HRDSL are included in the departmental development plans. With regard to the training in Urabá, the PGN carried out follow-up to the regional development plans and collective reparations in Urabá. In addition, it carried out accompaniment to the commitments made at Antioquia’s regional guarantees roundtable, particularly on guarantees of social protests and guarantees of investigations.
With regard to Tumaco’s regional roundtable’s action plan, the provincial Inspector General carried out accompaniment through the security councils organized by the mayor’s office to evaluate the risk situation of social leaders. This coordinated effort involves the participation of the mayor’s office, Nariño’s governor’s office, and the Public Ministry to address threats made against social leaders.
Due to JSP technical support to the PGN to provide effective protection to HRDSL, the PGN designed a joint local strategy coordinating the State and civil society to address threats and killings of social leaders who are mainly targeted by dissidents and narcotraffickers. In order to carry out this strategy, the PGN convened the Ministry of Interior, the National Protection Unit, the FGN, the Armed Forces, the National Police, and the Judicial Branch and has made developments in the JSP departments of Putumayo, Cauca, and Nariño, as well as in Norte de Santander, Valle del Cauca, Arauca y Antioquia. The information will be included in PGN prevention reports with recommendations for the regional entities. In addition, activities will be developed to review PGN regional offices or carry out regional follow-up to the Roundtables for Life as well as carry out follow-up to early warnings to prevent threats and attacks against social leaders.
Regarding the inter-institutional campaign known as Lidera La Vida carried out in partnership with the PGN, JSP hired a Community Manager consultant to update the campaign’s website (www.lideralavida.com) and its social media accounts. During the quarter, 276 publications were posted on Twitter, Instagram and Facebook from January-March 2020. In total, the campaign has posted 1,277 publications and has close to 2,500 followers on social media. The following are the most relevant publications during the quarter:
Table 22. Online activity of the Lidera la Vida Campaign Post Date Link Annual Human Rights Report February 20, 2020 https://bit.ly/33Qvpvb Winners of the National Human Rights Award February 26, 2020 https://bit.ly/3apQa3m Roundtable for Life Putumayo March 2, 2020 https://bit.ly/2QPKh7V Roundtable for Life Putumayo March 3, 2020 https://bit.ly/2wIzjdF The Lidera la Vida Song March 4, 2020 https://bit.ly/2UyVlra Testimony of Leyner Palacios March 9, 2020 https://bit.ly/2UDb8VY Patterns of Violence against Social Leaders March 17, 2020 https://bit.ly/3dwMqPI Homicides against Social Leaders March 21, 2020 https://bit.ly/3bqo6NB The Murder of Social Leaders Continue March 26, 2020 https://bit.ly/3bXn3Fh MAPP/OEA: We Condemn Attacks against Social Leaders March 26, 2020 https://bit.ly/2UTUl0U
In addition, during this quarter, a Lidera La Vida campaign commercial was broadcast on the newscast 90 Minutos of Telepacífico television (see the commercial at minute 14:10: https://bit.ly/3dyUGyI). In the next quarter, the commercial will be broadcast on community TV networks and regional forums will be promoted. This effort will be carried out in close coordination with the inter-institutional committee including the PGN and the Ombudsman’s Office that seeks to strengthen promotion strategies for this campaign to protect HRDSL.
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During this quarter, JSP also supported the PGN by hiring two new consultants. One consultant will provide general support to the regional protection roundtables and the other will support carrying out follow-up to the Protection for Life roundtable action plans and consolidate the expected results. In the coming months, Protection for Life Roundtables are scheduled to take place in other departments such as: Chocó (May 7 – Ethnic communities), Cauca (June 11 – Environmental); and Córdoba (July 15 – Personeros). However, these scheduled dates will be reviewed considering the COVID-19 situation.
JSP has been supporting the PGN, via in situ accompaniment, in advancing 26 processes and/or investigations against public officials involving HRDSL victims. During this quarter, two additional disciplinary cases were added to reach a total of 28 cases. The following table illustrates characteristics and advances made regarding these processes and/or investigation.
Table 23. Characterization of Officials Investigated Title of the Public Official Number of Disciplinary Department-Municipality where Processes the Events Occurred Mayor 2 • Córdoba (Tierralta) • Huila (Pitalito) Government Secretary 1 • Córdoba (Tierralta) National Army member 12 • Nariño (Tumaco). • Córdoba (Ayapel) • Chocó (San Juan) • Caquetá (Montañita) • Norte de Santander (Chitagá, Convención) • Arauca (Tame) National Police member 5 • Nariño (Tumaco) • Chocó (Carmen de Atrato) • Valle (Buenaventura) • Cauca (Caldono) • Antioquia (Puerto Berrío) • Arauca (Saravena) Army and police under the same process 2 • Córdoba (Ayapel) • Nariño (Tumaco) To be determined 3 • Antioquia (Ituango) • Multiple acts in several departments • Guajira (Manaure) UNP To be determined 1 Cauca (Suárez) UNP Regional Protection Coordinator 1 Cauca (Suárez) CODECHOCÓ 1 Chocó (Quibdó) TOTAL 28
Table 24. Specification of the PGN Cases Type of Disciplinary Conduct Number of Cases Multiple human rights violation of union leaders 1 Homicide 14 Homicide and personal injuries 2 Torture and threat 1 Injury and threat 1 Abuse or excess use of duties or power 1 Displacement and personal injuries 1 Stigmatization 1 Irregularities related to public security situations linked to the invasion of land 1 plots
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Omission of official duties 3 Abuse of authority and others 1 To be determined 1 TOTAL 28 Disciplinary Processes by Department Number of Cases Córdoba 3 Caquetá 1 Antioquia 3 Norte de Santander 2 Arauca 4 Valle del Cauca 1 Cauca 3 Guajira 1 Chocó 4 Nariño 4 Santander 1 Huila 1 TOTAL 28 NUMBER OF FILES No. of Files at the beginning of the Project or Base Line – No. of Files by March, 2020 Starting July 19, 2019 20 28
PROGRESS OF FILES IN PROCEDURAL STAGE OR SUBSTAGE No. of disciplinary processes with procedural advancement No. of closed disciplinary processes - 3 cases dismissed for not being 15 related to human rights leaders of defenders. - 1 case merged with another file being processed for the same acts. Both were part of the project. Type of procedural advancement No. Of disciplinary processes Evidentiary stage for defense (IUS E2017-826014). 1 Opening of preliminary inquiry (E-2019-033335; IUS – E -2019 – 5 601475; IUS-E-2017-951460; IUS-E-2017-951460; IUS – E -2019 – 601475) Evidence proceeding under investigation (under investigation IUS-E- 3 2019-372192; under inquiry: E-2018-397640, 2018-277062) Disciplinary investigation (E-2019 – 495845) 1 Extension of inquiry (2018-1069631) (D 2016 575 873757) 2 Extension of investigation (IUS-E-2017-697327) 1 Preferential disciplinary power exercise (IUC D-2018-1139370) 1 Evidence Order (downloaded) IUS E2017-826014 1 1.1. Month of the procedural advancement No. of disciplinary processes July to September 2019 Quarter 3 October to December 2019 Quarter 4 January to March 2020 Quarter 8 TOTAL 15
Also, during this quarter, the project entitled, “Strengthening the PGN’s preventative and disciplinary monitoring of responsible entities and its public officials as part of the follow-up to the Ombudsman’s Office Early Warnings System” was launched. This project seeks to implement a pilot project to carry out follow-up to early warnings issued by the Ombudsman’s Office regarding prevention and protection of HRDSL per the Directive 002 of 2017 as well as identify new disciplinary cases in JSP regions. The project will also strengthen the capacities of the PGN Delegate for Human Rights Defense and PGN regional office under the pilot’s coverage area (departments to be determined)
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with regard to prevention and disciplinary duties implemented regarding institutional actions to address the Early Warnings System recommendations. The consultant team that will implement these activities has been hired.
Finally, JSP worked together with the UNHCHR to support eight PGN staff to participate at the international seminar on an introductory to criminal psychology and victim profiling carried out in March. The training was oriented at investigators, professionals, and PGN evaluators and technical staff who are directly or indirectly linked to the project to advance cases.
Activities to Support the Search Unit for Disappeared Persons (UBPD). During the quarter, JSP continued to assist the UBPD with the pilot project entitled, “Plan to Identify Unidentified Bodies” which seeks to document cases in Norte de Santander (northeast office) in the INMLCF system. The number of files for this office was 3,655 taken from information of the Information Network System of Disappeared and Cadavers (SIRDEC by its Spanish acronym) and internal decisions of the INMLCF. The JSP consultants providing support in this process reported the following advances: 3,466 cases, out of the 3,655 cases, entered into the UBPD database (95% of the cases). 3,466 cases, out of 3,655 cases, verified by the SIRDEC of the INMLCF (95% of the cases); and 1,677, out of the 3,466 cases have not been entered to date by the consultants in the SIRDEC (49%). Since the activities have been carried out in the INMLCF facilities, due to the COVID-19 restrictions, the consultants will continue entering the information in the system with remote work. One of the expected results is to register in the diagnose tool designed by the UBPD the information of the cases in order to have a verified and updated SIRDEC. Also, to identify the variables that influence that bodies cannot be identified in order to contribute to the impulse to the identification process thereof and promote a decent delivery to their relatives.
JSP also continued to support the coaching process oriented at the UBPD’s General Office to strengthen and train UBPD Director Luz Marina Monzón, on communications capacities to address various audiences, to foster leadership and reinforce a solid dialogue and trusted image. As a result, an exclusive interview with Ms. Monzón, was published by the Diario El Espectador in March31. This activity be completed in the coming quarter.
Finally, following a UBPD-led planning session, the UBPD and JSP agreed that two additional activities would be supported during 2020. The first activity will conduct a pilot project to systematize information contributing to establishing a national mass grave, illegal cemetery, and cemetery registry. The second activity will focus on strengthening the communications and training strategy. This strategy will consist of experiential and knowledge exchanges of family organizations who are searching for their loved ones (“Knowledge Circles”) as well an informational video series presented using clay animation.
Truth Commission (CEV). During the quarter, JSP finalized a subcontract with INDEPAZ to support the Truth Commission’s analysis and knowledge management efforts. Through this subcontract, JSP will document and raise awareness about the positive advances regarding organizational culture transformations made by institutions with respect to attitudes, behaviors and commitments to armed conflict victims as well as feature cases of justice and land sector people who have demonstrated solidarity with victims in their final report. The subcontract initiated on March 10 and established a technical roundtable to implement the project which represents a partnership among
31 “I don’t care who presents the results, I care about finding the disappeared” (“No me interesa quién dé los resultados, me importa encontrar a los desaparecidos”), article by El Espectador on March 19, 2020, accessible on https://bit.ly/3bGqjVb
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INDEPAZ, the Truth Commission and JSP. Currently, INDEPAZ approved the work plan and is in the hiring process of its team.
Also, JSP supported the Truth Commission in carrying out the following new activities which were approved as part of their strategic plan:
• Meetings with ethnic communities to intake testimonies in community setting • “Righteous Meetings” (Encuentro de Justos) which are meetings to reflect and carry out dialogues regarding cases defined by examples of solidarity and human dignity • Sectoral dialogues held with institutions and key actors to define referral pathways and implement justice sector recommendations • Support for regional dialogues to promote recognition, co-existence and non-repetition of human rights violations as part of the peace agreement • Support for the Truth Commission’s Knowledge (based in Bogotá) to travel to the JSP regions to gather information
These activities have yet to initiate and it is likely that the Truth Commission may modify them so as to reach its objectives considering the current COVID-19 context.
Other activities under Rapid Response Actions
Constitutional Court. During the quarter, JSP began providing technical assistance to the Constitutional Court regarding active and passive transparency strategies implemented by the Court. JSP’s support focuses on three areas: 1) improvement of processes, definition of staff profiles and development of corruption risk prevention tools; 2) gathering and processing management statistics of the Constitutional Court; and 3) developing a graphic design to disseminate the management statistics of the Court.
To improve the Court’s processes, a JSP consultancy team made of industrial engineers and attorneys will seek to improve tutela proceedings. To gather and process data, JSP will hire a statistician and an economist who will carry out monthly updates of databases for: registered tutelas; constitutional processes received; and issued sentences. They will also update the statistics board in Power BI for the Court’s webpage; develop a periodic general statistics bulletin for the Court and support continuous accountability through a data analytics application provided by the Court. Finally, JSP hired a graphic designer to develop infographics to convey Constitutional Court sentences in simpler terms; develop a design for periodic bulletins on fundamental rights; create a template and take photos for the tutela bulletins; strengthen the design of the internal publication entitled, “Corte de Cuentas” and develop designs for open hearing invite announcements.
In addition, as mentioned in the Sub-Objective 3.2 section of this report, JSP supported the Constitutional Court through a consultancy dedicated to carrying out an investigation which brings to light the role of women and access-to-equality challenges they face as professionals in the justice sector. These efforts seek to foster commitments of increased equality within the judicial branch.
Ombudsman’s Office. During the quarter, JSP initiated support to the Ombudsman Office’s Delegate for Human Mobility to carry out follow-up to guarantees of access to justice for displaced persons resulting from the internal armed conflict. In response to the Constitutional Court’s ruling (T025/2004) regarding unconstitutional acts concerning land restitution and Justice and Peace, JSP hired two consultants to draft a report to be submitted to the Constitutional Court to evaluate the
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implementation status of the public policy regarding land restitution and Justice and Peace. The consultants will also provide the court with inputs for future rulings within the framework of the victims’ law. The work performed by the consultants will also promote discussion spaces between victims and the judicial sector. Further progress with this counterpart is expected during the coming quarter.
Plan Antioquia. In accordance with commitments made during the planning phase of Plan Antioquia for 2020, JSP advances made thus far include: the strengthening of LJSs; the establishment of the MJS; advances of political advocacy; the establishment of virtual legal clinics, support to the PDETs; and the implementation of strategic partnerships.
During the quarter, JSP’s team provided technical support to the LJCs in the municipalities of Tarazá, Cáceres, Caucasia, Nechí, El Bagre and Zaragoza, which were prioritized by the USAID Plan Antioquia strategy. They carried out the first meeting of the year to discuss, develop and approve the annual action plans. The main conflicts analyzed were regarding justice issues and the identification, selection and prioritization of actions to be resolved were carried out. Proposed actions were organized into four components which form part of the justice line proposal for municipal development plans which are: • ADR mechanism: rights conciliation, equity conciliation, community mediators, JAC conciliators. • Decentralization of services: MJS, virtual legal clinic • Gender issues: follow up of cases of sexual crimes of 14-year-old minors, Código Fucsia32, forensic clinic training.
The municipalities of the northeastern Antioquia (Ituango, Briceño, and Valdivia) will develop the annual action plans for the LJCs during the coming quarter, as they had to be rescheduled due to the COVID-19 crisis. Also, JSP provided a conceptual training on the LJS to public officials from new administrations who initiated in January as well as to family commissioners, Police Inspection Offices, transit police officers, peace liaisons, victims’ liaisons, and the municipal personería of these same northeastern region municipalities.
In addition, due to technical and financial support from JSP, the Human Rights Activity and Colombia Transforma, the official opening of the Basic Unit of Legal Medicine was carried out in the municipality of Caucasia on March 3. This unit will cover the six municipalities of this subregion. This effort was carried out in coordination with Caucasia’s LJC, the human rights committee, the Elimination of Violence against Women roundtable, and the Forced Disappearance Sub-regional Roundtable. As a result of the US Ambassador Philip S. Goldberg, during the official opening of the coordinated work with HRA and OTI, there Basic Unit of Legal Medicine in Caucasia. Photo: JSP Archive was a private interview between the U.S. Ambassador Philip S. Goldberg, the Municipal Personero of Caucasia, the gender team from the Ombudsman’s Office for Bajo Cauca and the leader
32 Código Fucsia is an initial care model for patients’ victims of sexual violence.
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of Asociación de Mujeres de Caucasia with whom GBV is being addressed. This project was performed thanks to the political advocacy for this Legal Medicine Unit to return to the sub-region by including this initiative in the Municipal Development Plan in 2015.
Due to JSP support, the LJCs organized a timeline to carry out the MJSs. However, the first session initially scheduled to take place in Cáceres on March 26 was postponed due to the COVID-19 crisis. JSP’s subcontract to the Universidad de Antioquia’s legal and psychosocial clinics will also support the implementation of the MJS. These clinics will support the strategy through direct support services (legal evaluation and psychosocial response) and training activities to promote constitutional mechanisms.
Through JSP technical support and in partnership with development plan evaluators, Antioquia’s Bajo Cauca region municipalities (with the exception of Caucasia) submitted the draft municipal development plan to the CAR and carry out the renewal of the regional planning council. This was accomplished in coordination with the Human Rights Activity, Colombia Transforma, Mujeres de Oro and the ART. Similarly, for the municipalities of northern Antioquia such as Valdivia, Briceño, and Ituango, JSP support was instrumental in developing the pre-project presented to the CAR and CTP which include justice and human rights guidelines. This effort was carried out in coordination with the Human Rights Activity, UNHCHR, and MAPP OEA.
During the quarter, due to JSP support, the Universidad EAFIT virtual legal clinic initiated providing free legal services in two additional municipalities of Cáceres and El Bagre, Antioquia. This is a public- private partnership effort involving the University’s law school. In the municipalities of Caucasia, Valdivia and Tarazá where the legal clinics were already operating, JSP supported promoting its services via social media and radio clips. During the quarter, these latter three clinics responded to 30 people seeking assistance on issues such as inheritance, rights petitions, indemnity requests, labor issues, transit issues, and family issues among others. Since July 2019, the clinics have assisted over 150 people.
Finally, as part of Plan Antioquia, JSP developed new partnerships and participated in coordination mechanisms. The main partnerships are as follows: • Re-activation of Antioquia’s Evaluation Board comprised by USAID programs and projects that support the municipalities of the North, Bajo Cauca, and now Urabá. In addition, it supports the Antioquia’s governor secretary’s office for institutional strengthening and access to justice alongside the AARs (Universidad de Antioquia and CORDUPAZ). • Antioquia’s Regional ART. JSP will aid in supporting the development of the municipal and departmental plans with a development team for each municipality of Bajo Cauca to be financed by the Colombia Transforma program. • CUEES Bajo Cauca. During this quarter, a coordination mechanism called the University, State, Business and Society Committee (CUEES by its Spanish acronym) was established which seeks to develop a comprehensive and coordinated intervention of all of the entities and institutions that work in the region. To this end, JSP participated with other USAID programs and projects that work in the region as well as with other collaborators, higher education institutes, private sector entities such as SEÑA, and the Chamber of Commerce among others.
2.2 Challenges Encountered, Proposed Solutions, and Lessons Learned
During the reporting period, JSP faced several challenges, proposed solutions and consolidated lessons learned as is illustrated in the table below.
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Table 25. Challenges, Solutions, and Lessons Learned Challenges Solutions Lessons Learned Implementation Challenges - Improvement in continuous and - Together with grantees, transparent communication with consistently evaluate risk grantees to increase and visibility levels faced coordination levels and to Decrease in the participation by CSOs who work with reduce risks in carrying out of community and social JSP. activities that expose social organizations regarding LJC - Decision making, in real leaders. Decision making and MJS activities due to an time, regarding regarding participants, increase in threats and killings communications locations, and target of community and social strategies or modifications populations of the MJSs within leaders in the rural areas. to activity implementation the LJC ensures greater locations, for example accountability, contact and from the rural area to the support to justice actors with urban center. the beneficiary communities - Advocacy work, visits, and consistent communication - Advance advocacy activities with local authorities, regarding justice issues with Lack of knowledge or weak public officials, and CSOs the new officials facilitated understanding on the to prioritize the issue and trainings with regard to the importance of strengthening promote the formalization importance of the LJSs and LJSs via the LJCs, their action of the LJC and the how to implement them as plans and the inclusion of development of action public policy. justice issues by new local plans. - The DOFA matrix app is carried authorities. - Identify, within the LJS, out for LJSs by regional staff to actors who hold facilitate the transfer of leadership, legitimacy and knowledge to new public recognition within the officials. LJCs. Provide technical assistance Carry out an effective coordination Institutional response focused on the general security lines of USAID programs towards on the development of and PISCC to advocate on harmonized participation regarding municipal and departmental content and general reach of this type of scenarios. development plans. access to justice. Security Challenges - JSP maintained activity restrictions impacting people from the municipalities of - Continue with persistent Caloto, Corinto and regional monitoring, In northern Cauca’s subregion, Toribio. communication with public security incidents compromised - Used the “Minuto de Vida” security authorities to the safety of the region. The as a strategy to manage a guarantee the security of public incidents is mainly caused by possible illegal checkpoint officials that advance activities residual armed groups from and be prudent and in the area. FARC’s 6th Front. Attacks and cautious with language in harassments were carried out public areas in rural - Have close and respectful targeting the public security sectors avoiding, for contact with grantees and forces as well as intimidation of example, words such as partners to increase the level of communities via improvised “extortions or illegal trust with JSP and d to protect explosive artifacts. armed groups.” team members and
- Create access to critical beneficiaries while carrying out municipalities with activities. vehicles form the region as deemed by the situation.
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In the Bajo Atrato region armed confrontations took place - Suspend JSP movements between the terrorist ELN group in the Bajo Atrato regional and the Clan del Golfo which for the first 45 days of the deteriorated the security years. Coordinate with public security in situation in the region. Public - These have begun to Chocó to allow some entries into security presence is insufficient reopen due to public JSP target municipalities given that due to the difficult regional security force in the area. there were some notable security conditions in which there is - Air travel carried out with plans for the region. limited access where there are flight restrictions for those no communication lines different departing Medellín and from those of Atrato River and they are not consistent. its navigable tributaries.
In northern Antioquia and Antioquia’s Bajo Cauca region, security incidents and destabilization of the region JSP activity has not been continued. There were permanently suspended, confrontations between the Work in detailed coordination with although it has had to “Caparros” and “Clan del Golfo” public security forces and verify the rearrange some travel of illegal armed groups and there follow-up of roadway controls to public officials to the are divisions within the same access municipal centers. municipalities. criminal structures of the
Caparros, who have been in dispute since mid-January which increased homicides in this region. Due to the COVID-19 emergency, the national government led by the public Planning for interventions within ministries of Social Protection, Technical team will take these communities including Interior and Health issued the actions that will define the technological resources, providing 015 Notice regarding the intervention for the coming them with basic technology and protection of ethnic quarter whether or not to preparing interpreters on communities. Among others, it continue working in these implementation from a technical prohibits the entry of outsiders communities. standpoint. into their territories specifying: “NGO or international cooperation delegates” Staffing Challenges During the quarter, three long- term hiring processes were Standardization of the hiring carried out. Each hiring process and contract processes of long took approximately 15 working and short-term staff. With the standardization of the days. Currently, all of the staff hiring process, the area’s hiring positions are filled. process has been carried out in a It will be reviewed case by quick and efficient manner for both The hiring process of the case so to determine which short- and long-term positions. remaining consultants was consultancies can be carried partially halted due to the out virtually to not hold up COVID-19 situation. hiring. Operations Challenges Provide support to each applicant organization since It is necessary to provide support to Local organizations possess the RFA stipulates ensuring the local organizations early in the weak expertise in preparing that applicant organizations application and budget preparation grant applications and understand the activity and process to ensure the technical and budgets. that they receive assistance budgetary quality to develop a budget and
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application. This effort is carried out to minimize adjustments during the review and approval stages. Measures have been taken to protect company staff and goods authorizing Given the COVID-19 Operations responded telecommuting and from the emergency measures, we immediately to emergent staff technical side, different begin to experience changes needs regarding telecommuting. strategies are being in carrying out routine Continuous follow up is carried considered to comply with program procedures such as out to ensure the emotional the different program travel, events, meetings and in wellbeing of staff and the activities that can be carried general grant, subcontract and necessary logistical support is out remotely or implemented consultant activity work. provided. via technological means in constant coordination with USAID.
2.4 Program Coordination During the quarter, JSP coordinated with other USAID programs to align objectives and build on strengths as well as share information and resources.
Cauca • As a joint strategy, JSP coordinated activities with the Human Rights Activity, Alianzas Comerciales, IOM, and other institutional actors of the region such as ART, Fundación Plan and Fundación Foro to draft regional development plans and work on the Lidera La Vida campaign. • JSP participated in the USAID program coordination meeting with the departmental government. At this meeting, JSP presented its progress regarding justice issues including, LJSs; the establishment of the CDJ; the strengthening of CSOs; the inclusion of justice lines in municipal development plans; the Departmental Inter-jurisdictional Roundtable, and regional projects. The departmental government affirmed its commitment to establish the CDJ.
Nariño • During the quarter, together with Colombia Transforma, JSP strengthened technological capacities of the technical secretaries of the LJC in Francisco Pizarro, Barbacoas, Roberto Payán and Magúi Payán, Nariño. Three professionals were hired to support Tumaco’s Police Inspection Office to support administrative activities and case management. With the Police Inspection Office, efforts were made to ensure the continuity of this team through support of the mayor’s office • In partnership with other USAID’s implementing partners, to support the LJCs a commitment was made to hire different professionals to strengthen the region’s LJSs. Colombia Transforma will support the municipalities of Barbacoas, Francisco Pizarro, Roberto Payán, and Tumaco with a total of 16 professionals for the municipal personería, police inspectorate, ombudsman’s office in Tumaco and family commissioners. JSP will support 11 professionals in Santa Barbará, La Tola, Olaya Herrera, El Charco, Ricaurte, and Magüi Payán for the family commissioners’ offices and police inspectorates.
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Córdoba • During the quarter, JSP worked with PAC and IOM in Córdoba to commemorate International Women’s Day. In addition, progress was made to hire a justice liaison to facilitate LJC activities as well as support coordination to implement the “Todos en Sintonía con la Justicia” strategy led by Corpovisionarios and Cordupaz.
Bajo Cauca (Antioquia) • Cooperators Roundtable of Bajo Cauca. This roundtable is comprised of the Human Rights Activity, Colombia Transforma, MAPP-OEA, UNHCHR, CICR, and the Ombudsman’s Office. During this quarter, a work plan was developed and awareness raising of the mission and objectives of each entity was carried out. In addition, coordination was carried out to respond to gender issues, to accompany and support the MJSs and carry out follow-up of the pact signed by elected mayors to include human rights, justice and peacebuilding issues into their public agendas. • Together with the Human Rights Activity, Colombia Transforma, and Mujeres de Oro, JSP advanced coordination processes to advocate for the inclusion of human rights and justice lines into the municipal development plans. • JSP also supported the partnership resulting in Colombia Transforma providing computers, tables, chairs and printers as well as information pieces to virtual legal clinics. With this in- kind support the legal clinics can better promote their services under the PDET’s Pillar 8 strategy in Bajo Cauca. This strategy is led by ART and supported by Colombia Transforma.
3. OPERATIONS AND ADMINISTRATION
During the reporting period, JSP's grants and subcontract team worked with the technical team to review 37 applications/proposals received through requests for proposals (RFPs) and requests for applications (RFAs) that were issued during the last quarter. Even though some JSP grantee organizations were affected by the COVID-19 situation in the regions during the quarter, JSP’s role continued to be fundamental in supporting institutional response activities led by control entities.
Grants Awarded. During the quarter, 15 grants were awarded to local CSOs totaling a value of USD $1,342,758. One of the awards will strengthen the special indigenous jurisdiction in Nariño. Another grant will provide legal guidance and pro-bono legal representation. Additionally, six grants were awarded to strengthen the LJS processes in the following areas: advancing, appropriating and strengthening a culture of the legality; ADR mechanisms; and the development of public policies advancing local and regional administration of justice in all JSP departments. Three grants were awarded to document cases of human rights violations or threats against HRDSL in Antioquia, Cauca and Cordoba. Two grants were awarded to address strategic land restitution issues with ACIPS and ASOCIT-CNTI as well as to provide technical assistance and training to local justice operators and CSOs from LJSs in nine municipalities Antioquia’s Bajo Cauca and northern regions. Another grant awarded will strengthen the 18 community councils in the municipalities of Tumaco and Francisco Pizarro in Nariño to implement Afro-Colombian traditional justice and address land restitution issues. Finally, two grants were awarded to support local communications initiatives to promote access to justice by disseminating information on successful experiences, referral pathways, and achievements through informational campaigns in Antioquia’s Urabá region and Cauca. Please see Annex B, Table 1 for further information on each award.
Pending Grant Awards. By the end of the quarter, three grants totaling a value of $49,231 USD
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remained in the negotiation process. These grants include activities to: create a scholarship program to strengthen the provision, effectiveness, and responsiveness of the justice system at the local level in the Cauca; strengthen the rural community strategy for access to justice of the JAC serving Los Pinos neighborhood in Santander de Quilichao; and strengthen access to justice and protection for women victims of sexual violence in Bojayá. Table 3 of Annex B provides further information on the four RFAs released this quarter, which have an approximate total value of USD $ 692,308.
Subcontracts Awarded. During the quarter, JSP signed two subcontracts with a total value of USD $911,833. The first subcontract concentrates on efforts to promote the use of ADR mechanisms in 30 municipalities of JSP’s departments. It also promotes applying the ADR toolbox, developed by JSP in partnership with the MJD and the DNP, through a knowledge network that operates with the participation of national actors and AARs. The second subcontract will document and highlight positive transformations of institutions regarding armed conflict victims, and feature 45 cases of people that have stood out for their solidarity regarding justice and land issues. These efforts lie within the framework of the analysis and knowledge management in the CEV’s final report. Table 2 of Annex B provides further for information on each award.
Pending Subcontract Awards JSP approved nine proposals received under RFPs released in both the previous and current quarters. These nine subcontracts will achieve the following: produce, promote and broadcast an eight-episode documentary series on experiences of successful legal enforcement efforts carried out in JSP regions; enable legal clinics to support MJSs, which is organized by the LJCs of the municipalities of Bajo Cauca and Norte de Antioquia; strengthen the processes of equity conciliation in Tumaco (Nariño); support the MJSs’ psychosocial clinic, which is programmed by the LJCs of the municipalities of Bajo Cauca and Norte de Antioquia; train 32 corregidores and police inspectors from seven municipalities of the Putumayo department; conduct legal advice or host legal clinics in targeted regions as part of the JSP´s legal advocacy strategy; promote legal clinics for the defense of collective interests and rights in the municipalities in Cauca; train 60 Afro-Colombian women leaders and ethnic authorities to develop public policy proposals as well as carry out advocacy and strategic litigation regarding access to justice for Afro-Colombian communities, and to design and implement a communication and pedagogical strategy for these same communities. These subcontracts will be awarded in the next quarter totaling a value of $924,242 USD. Also, JSP released nine requests for proposals, which focus on: producing, promoting and broadcasting an eight-episode documentary series on best experiences of successful law enforcement carried out in JSP regions; establishing legal and psychosocial clinics in Urabá, Bajo Cauca and North Antioquia; strengthening the processes of equity conciliation in Tumaco (Nariño); and conducting two sub- regional meetings of indigenous authorities and Afro Colombian communities on self-justice in the JSP municipalities of Chocó. These five subcontracts have a total value of approximately $643.077 USD, which are detailed in Annex B, Table 3.
Recruitment and Personnel
Bogotá-based staff. During the quarter, JSP hired the Southern Manager Unit Leader and an Abacus Accountant to fill vacant positions. The Northern LJS Specialist position was vacant and by the end of the quarter, JSP was in the process of completing the hiring process for this position.
Regional staff. At the end of this quarter, JSP hired the Plan Antioquia Administrative Assistant. One vacancy in Chocó was posted and by the end of the quarter, JSP was in the process of completing the hiring process for this position.
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Consultancies. During the quarter, 45 consultants were hired to provide support to various counterparts. One consultant was hired to support the FGN in implementing the peer-to-peer methodology for the prioritization and follow-up of GBV cases. Another consultant was hired to support the FGN in carrying out investigations related to homicides of HRDSL. Six consultants were hired to provide technical assistance to the Constitutional Court in areas of transparency and accountability. Two consultants were hired to carry out follow-ups to the PGN action plans. Three consultants were hired to support the national program for Justice Houses. Two consultants were hired to support the Plan Antioquia strategy implementation. One consultant renewed the contract to provide strategic guidance to the National Thematic Committees for Land Restitution in the CSJ. Six consultants were hired to support the development of a land jurisprudence database. One consultant was hired as the Urabá Projects Manager. Three consultants were hired to support the implementation of the JSP communications strategy at the regional level. Six consultants were hired to work on the following topics: access to justice; information management for the MJD’s ADR mechanism office; mapping of JSP actors; Afro-Colombian traditional justice in Nariño; support to the Ombudsman’s Office Delegate for Human Mobility in Cauca.
Other Administrative Tasks
Bogotá and Regional Events. At the end of the quarter, the entire JSP team was telecommuting and reviewing activities to determine which ones could be completed using remote or virtual alternatives and which ones should be suspended indefinitely contingent upon the Colombian government and/or USAID. The COVID-19 pandemic has impacted meeting budget objectives for this and future quarters.
Finally, JSP is seeking a communications system that improves internal interaction among the JSP team as well as with external counterparts. JSP seeks to develop and implement technical activities virtually to meet objectives during this emergency period.
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ANNEX A. TABLE OF INDICATORS
AVANCES AVANCES TABLA DE INDICADORES DE DESEMPEÑO - Q2-FY2020 LÍNEA DE BASE METAS Avances FY2020 ACUMULADOS acumulad Comentarios Unidades de os a Meta Q2-FY2020 Nombre del medida y Meta META Avance % # Código Fecha Valor FY2019 Q1- Avance % Avance Indicador frecuencia FY2020 TOTAL JSP Total Avance FY2021 de medición
Meta Principal: Asistir a los socios colombianos en el fortalecimiento de un sistema de justicia eficaz y resolutivo, abordando las necesidades de justicia fundamentales de las víctimas del conflicto armado, y aumentando el apoyo del Estado de Derecho en regiones objetivo de Colombia afectadas por el conflicto. Grado de satisfacción de las personas beneficiarias del programa que acceden a ObG- Grado la oferta de Satisfacción promedio Marzo Los avances se reportarán al cierre del 1 justicia a nivel 3,7/5,0 4,4/5,0 4,2/5,0 0 4,2/5,0 NA NA 4,4/5,0 104,8% BeneficiariosJ 31, 2019 FY2020 local, sobre la SP Anual orientación recibida para la resolución de sus necesidades jurídicas Grado de satisfacción de las víctimas de VBG (Violencia Grado ObG- Basada en promedio Marzo Los avances se reportarán al cierre del 2 SatisfacciónV 3,2/5,0 3,27/5,0 4,0/5,0 0 4,0/5,0 NA NA 3,27/5,0 81,8% Género) sobre 31, 2019 FY2020 BG la prestación Anual efectiva de servicios de justicia Objetivo 1: Mayor acceso a servicios de justicia más eficaces, inclusivos y resolutivos en regiones de Colombia que hayan sido afectadas por el conflicto
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Número de municipios que se ubican en Etapa Número de Etapa 3: Etapa cada una de las Etapa 3: 2:15 municipios Enero Etapa 3:45 11 3:24,4% Los avances se reportarán al cierre del 3 Ob1-SLJ 4 etapas del 0 11 Etapa 0 NA NA 26, 2018 Etapa 4:10 Etapa 4: Etapa 4: FY2020 plan de Etapa 4: 5 3:30 Anual 5 40% mejoramiento Etapa 4:5 del sistema local de justicia 1.1: Aumentar la presencia, capacidad, personal, financiación y otros recursos de instituciones de justicia selectas del GdC ubicadas en departamentos y municipios afectados por el conflicto. Valor de los fondos CC PPP/F- asignados para Presupuestos actividades de $COP Septiem $ $ $ $ $ $ 4 municipales y acceso a bre 30, 39.579.05 540.943.6 595.037. 0 1.135.981. 94,5% 1.103.54 97,1% Ver el detalle en la hoja "Detalle Ind.4". 562.601.427 acceso a justicia en los Anual 2018 6 22 984 606 5.049 justicia presupuestos municipales anuales 1.2: Mayor coordinación interinstitucional entre actores del sector judicial a nivel local y regional. Número de personal Durante el Q2 -FY2020 se llevó a cabo la Ob1- Número de judicial capacitación en Portal Versión 2.0 Capacitación personas Enero 5 capacitado con 0 712 600 0 1.312 190 31,7% 902 68,8% Restitución de Tierras, con participación personal 26, 2018 la asistencia de 7 miembros de la especialidad de judicial Trimestral del USG restitución de tierras. (DR.1.3-1) Según sexo, el 85,4% del total de medidas de protección ordenadas por Comisarías de Familia durante el I semestre de FY2020 (1.625), se dieron para proteger a víctimas mujeres. Número de Respecto al tipo de violencia, el 89,9% de medidas de Número de las medidas se ordenaron en casos de Ob1-Medidas protección medidas Marzo 6 989 1369 2.871 0 4.241 1.625 56,6% 2.994 70,6% violencia física y psicológica (en igual de Protección ordenadas por 31, 2019 proporción). Comisarías de Semestral Las principales medidas de protección Familia* ordenadas fueron: *Ordenar al agresor el desalojo de la casa de habitación que comparte con la víctima. *Ordenar al agresor abstenerse de
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penetrar en cualquier lugar donde se encuentre la víctima.
1.4: Establecimiento de servicios de justicia rurales eficaces, inclusivos y resolutivos en municipios selectos afectados por el conflicto. Durante Q2-FY2020 se hicieron 6 JJM, con 1.256 personas atendidas. De las 6 jornadas, 2 fueron temáticas (atención a víctimas), con 838 personas atendidas. El 59,6% del total de las personas Número de atendidas en las 6 JJM fueron mujeres. personas El 71,2% tiene más de 29 años y el 42,4% atendidas declaró pertenencia étnica (afro e durante las indígena). Número de Ob1-Jornadas jornadas de Los principales motivos de consulta personas Enero 7 de justicia justicia móvil - 0 15.084 12.700 600 28.384 4.597 36,2% 19.681 69,3% registrados son: víctima de conflicto 26, 2018 móvil JJM- realizadas armado (67,8%) y trámite de Trimestral con apoyo de documentos (19,9%). JSP, fuera de las áreas Desde el inicio del Programa y hasta el urbanas 31 de marzo de 2019, se han realizado 111 JJM, con 19.681 personas atendidas. No se registran cambios significativos en las tendencias según sexo, etnia, pertenencia étnica y motivo de consulta, en relación con lo registrado en el segundo trimestre de FY2020. Objetivo 2: Mayor apoyo ciudadano del Estado de Derecho en regiones afectadas por el conflicto.
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Durante el primer semestre de FY2020, 148 operadores de mecanismos alternativos de resolución de conflictos, capacitados por JSP, reportaron un total de 3.219 acuerdos. Del total de operadores, el 35% ejerce como conciliador extrajudicial en derecho; el 30% como mediador comunitario; un 14% como mediador escolar; el 11% Número de como mediador intercultural y un 10% conflictos como conciliador en equidad. resueltos por Número de El 55% de los operadores MRC son operadores de registros o hombres y el 59% del total manifiesta Ob2- mecanismos actas de pertenencia étnica (afro e indígena). Conflictos alternativos de acuerdos de Enero 8 0 4.403 4.400 0 8.803 3.219 73,2% 7.622 86,6% Respecto a los motivos sobre los cuales resueltos solución de resolución de 26, 2018 hubo acuerdo de resolución de conflictos MASC conflictos conflictos (3.219), el 33% tiene que ver con asuntos (MASC) que de familia, 24% con problemas entre han sido Semestral vecinos; 17% con asuntos comunitarios y entrenados por 12% con problemas civiles y comerciales. JSP La mayoría de las controversias por asuntos de familia y por problemas civiles y comerciales (más del 80%) son tratadas por conciliadores extrajudiciales en derecho; mientras que un número importante de los problemas entre vecinos y los asuntos (25%) comunitarios son atendidos por mediadores comunitarios. 2.3: Mayor uso ciudadano de servicios de justicia formales e informales que promuevan el Estado de Derecho Durante el primer semestre de FY2020 se documentaron 13 casos de pueblos 54.2% indígenas Embera Katío en Córdoba (1 Número de 54.2% 26 casos casos caso); Embera Eyábida, Zenú y Guna- casos de la 13 casos casos docume docume Dule en Antioquia (6 casos); y Nasa, Inga, Jurisdicción documentad document Número de ntados ntados Awá y Kamsá en Putumayo (6 casos). Especial os ados casos Enero 9 casos 18.8% 9 Ob2-Casos JEI Indígena 0 13 24 0 48 9 casos 37.5% 26, 2018 docume casos Respecto al área del derecho en la que documentados documentad casos Semestral ntados y docume pudieran clasificarse los 13 casos y divulgados os y document divulgad ntados y documentados, puede señalarse que 3 por medios divulgados ados y os divulgad tienen relación con el Derecho Penal; 3 virtuales. divulgados os con Derecho de Familia; 2 con el Derecho Administrativo y Penal y 1 con la Justicia Restaurativa.
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De los 26 casos documentados al cierre del segundo trimestre de FY2020, 9 han sido divulgados a través de cine foros. Estos espacios permiten no solo difundir los documentales, sino generar espacios de discusión y reflexión sobre la Justicia Indígena con el público objetivo así como contar con la presencia de especialistas del tema, lo cual lo hace un ejercicio pedagógico y de sensibilización importante para JSP. Objetivo 3: Fortalecimiento de respuestas judiciales dadas a las víctimas del conflicto armado. Número de casos penales y/o disciplinarios, apoyados por el USG, en la Fiscalía General de la Nación (FGN) y Procuraduría General de la Nación (PGN), Número de respectivamen Ob3-Casos casos Junio FGN: 120 FGN: 40 FGN: 40 Los avances se reportarán al cierre del 10 te, 0 0 NA NA NA NA líderes 30, 2019 PGN: 26 PGN:22 PGN:22 FY2020 relacionados Anual con denuncias de abusos contra defensores de derechos humanos y líderes sociales, que han progresado en al menos un paso procesal. 3.1: Aumento en la eficacia y transparencia de los procesos judiciales de Restitución de Tierras.
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Número de órdenes de adjudicación incluidas en sentencias proferidas por jueces y Número de Junio Los avances se reportarán al cierre del 11 Ob3-Tierras magistrados de órdenes 572 0 286 0 286 NA NA NA NA 30, 2019 FY2020 restitución de Anual tierras, que no cuentan con la resolución de adjudicación por parte de la ANT. 3.2: Manejo de la impunidad de casos de VBG relacionados con el conflicto, mediante el fortalecimiento de servicios judiciales y un mayor compromiso de la sociedad civil (no incluye trabajos relacionados con la Jurisdicción Especial de Paz). Número de casos de violencia basada en género/violenc ia sexual (VBG/SV) que reciben apoyo Número de Ob3- Enero Los avances se reportarán al cierre del 12 en su casos 0 389 200 50 639 NA NA 389 60,9% CasosVBG 26, 2018 FY2020 investigación y Anual que progresan en por lo menos una subetapa del proceso judicial o administrativo 3.3: Manejo de la impunidad de crímenes cometidos dentro del contexto del conflicto armado mediante el fortalecimiento de servicios judiciales y un mayor compromiso de la sociedad civil (no incluye trabajos relacionados con la Jurisdicción Especial de Paz). Número de individuos de comunidades Número de Ob3-Víctimas marginadas o Enero Por 13 individuos 0 1.067 383 1.450 NA NA 1.067 73,6% Los avances se reportarán al cierre del asistidas de bajos 26, 2018 definir** Anual FY2020 ingresos que recibieron asistencia
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jurídica o asistencia de víctimas con el apoyo del USG (DR6.3-1)
Tareas Transversales *El 91% de los fondos apalancados durante el segundo trimestre de FY2020 ($649.216.920) proviene de la contrapartida de organizaciones que reciben donaciones de JSP, mientras que el 9% restante corresponde en su CC Valor de $ $ $ $ $ $COP Enero 12.000.00 mayoría a recursos de alcaldías 14 PPP/FUNDS- Fondos 0 1.256.976. 1.700.00 2.968.976. 1.287.492.07 75,7% 2.544.46 85,7% Trimestral 26, 2018 0 municipales ejecutados en actividades Apalancados Apalancados 765 0.000 765 9 8.844 como Jornadas de Justicia Móvil. *Respecto a la naturaleza de los fondos apalancados puede señalarse que el 100% corresponde a recursos en especie. *Por cada peso ($ 1) invertido por USAID se registran $0,15 apalancados. CC Valor de los $COP Enero No se registra movilización de fondos 15 PPP/FUNDS- Fondos 0 $ 0 NA NA NA NA NA NA NA Trimestral 26, 2018 durante el trimestre. Movilizados Movilizados Notas: * Se registra información de Comisarías de Familia de 12 municipios, según acuerdo con USAID, en diciembre 2019: Puerto Libertador, Montelíbano, Apartadó, Turbo, Puerto Asís, Valle del Guamuez, Tumaco, Barbacoas, Caloto, Jambaló, Carmen de Atrato e Istmina.
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ANNEX B. GRANTS AND SUBCONTRACTS
Table 1. Grants Executed During the Second Quarter of FY 2020
Grant Number Grantee Activity Value COP$ This activity aims to strengthen the system of traditional justice, coexistence, and conflicts resolution under the values of the Eperara Siapidaara people, in accordance with the origin law; traditional, ancestral, and cultural JSP-20-G-087 ACIESNA COP 199,727,400 principles; and the history, territoriality, and government of indigenous cabildos and resguardos from the municipalities of Tumaco, Olaya Herrera, La Tola, El Charco and Santa Barbará de Nariño. This activity aims to provide legal guidance and pro-bono legal representation (free and voluntary legal services) to vulnerable, marginalized, and low-income populations, with priority for women victims of the armed conflict. This work was primarily based in the priority JSP-20-G-088 Fundación Probono COP 174,279,500 municipalities of the department of Antioquia by means of a field work procedure through focal groups and the consequent prioritization, selection and taking of cases and legal processes from different jurisdictions, according to the identified legal needs. This activity aims to strengthen the processes of the Local Justice Systems through the implementation, appropriation, and strengthening of the Legality Culture, the Dispute Resolution Mechanisms, and the JSP-20-G-089 Culturama generation of public policy in the local and COP 413,804,000 regional administration of justice in the municipalities of Orito, Puerto Asís, Puerto Caicedo, Puerto Guzmán, Puerto Leguízamo, San Miguel and Valle del Guamuez, in the department of Putumayo. This activity aims to strengthen the processes of the Local Justice Systems through the implementation, appropriation, and strengthening of the Legality Culture, the Dispute Resolution Mechanisms, and the JSP-20-G-090 Cordeagropaz generation of public policy in the local and COP 423,995,000 regional administration of justice in the municipalities of Tumaco, Francisco Pizarro, Olaya Herrera, La Tola, El Charco, Santa Bárbara, Barbacoas, Roberto Payán, Magüí Payán and Ricaurte. This activity aims to strengthen the processes of the Local Justice Systems through the implementation, appropriation, and strengthening of the Legality Culture, the Dispute Resolution Mechanisms, and the JSP-20-G-091 CC Cauca COP 394,247,500 generation of public policy in the local and regional administration of justice in the municipalities of Buenos Aires, Caldono, Caloto, Corinto, Jambaló, Miranda, Toribío y Santander de Quilichao del department of Cauca.
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This activity aims to provide technical assistance and training to the Local Justice Operators and members of Civil Society Organizations, which are part of the Local Justice Systems, to strengthen self-constructed JSP-20-G-092 Cordupaz COP 1,304,280,300 conflict mechanisms, the promotion of citizen culture, and the generation of public policy on the administration of local and regional justice in the prioritized municipalities in Urabá Antioqueño, Chocó and Córdoba. This activity aims to document four cases of human rights violations or threats against social JSP-20-G-093 IPC leaders or human rights defenders in the sub- COP 100,000,000 region of Urabá, department of Antioquia, with a differential, territorial, gender, and ethnic focus. This activity aims to strengthen the Asociación de Cabildos Indígenas del Pueblo Siona Nicani Eja Ganteya Huejobo Zio Bain (ACIPS) through mentorship from the Comisión Colombiana de JSP-20-G-094 ACIPS Juristas (CCJ) on strategic land restitution COP 49,996,000 litigation with focus on ACIPS’ participation in the promotion of public policy, and thedecision- making and follow-up process to the implementation of the victims' law. This activity aims to provide technical assistance and training to local justice operators and Civil Social Organizations from the Local Justice Systems in nine municipalities in Bajo Cauca and Norte De Antioquia, which are areas prioritized by the JSP program. This technical JSP-20-G-095 Udea COP 359,292,305 assistance and training aims to strengthen the self-constructed conflict mechanisms , and the generation of public policy in the administration of local and regional justice in the Local Justice Committees and the Departmental Justice Committee. This activity aims to document three cases of human rights violations or threats against social Benposta Nación de leaders or human rights defenders in the JSP-20-G-096 Muchachos COP 99,997,035 municipalities of Tierralta and Puerto Libertador Colombia. in the department of Córdoba, with a differential, territorial, gender, and ethnic focus. This activity aims to document three cases of Corporación para el human rights violations or threats against social Manejo de leaders or human rights defenders in the JSP-20-G-097 COP 99,228,000 Conflictos Norte del municipalities of Buenos Aires, Corinto, and Cauca- COMAC Toribio in the department of Cauca, with a differential, territorial, gender, and ethnic focus. This activity aims to strengthen the 18 community councils belonging to Red de Consejos Comunitarios de Comunidades Negras del Pacifico Sur (RECOMPAS) in the municipalities of Tumaco and Francisco Pizarro Consejo in the Nariño Department with the JSP-20-G-098 Comunitario Bajo COP 470,436,600 implementation of Afro-Colombian justice with a Mira y Frontera differential and gender approach. This activity also seeks to improve their capacity for advocacy in local justice systems and generate inputs to contribute to the advancement of public policy on Afro-Colombian justice, and also
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strengthen the Black community of the Bajo Mira y Frontera Community Council during the process of land restitution. Actions and routes during the process are aimed at compliance with the precautionary measure 2012 - 2029 issued on 25 October 2012. This activity aims to strengthen the Secretaría Técnica of Comisión Nacional de Territorios Asociacion de Indígenas (CNTI) through mentorship from the Autoridades Comisión Colombiana de Juristas (CCJ) on JSP-20-G-099 Arhuacas de la strategic land restitution litigation. This COP 74,660,000 Sierra Nevada- mentoriship focuses on CNTI’s participation in ASO-CNTI. the promotion of public policy, and the decision- making and follow-up process to the implementation of the victim's law. This activity aims to support local Corporación communication initiatives that promote access Cultural Camaleon to justice by spreading successful experiences, JSP-20-G-100 COP 100,000,000 De Uraba - and routes and achievement of pedagogic CARCAMU campaigns in the six municipalities prioritized by JSP in Urabá. This activity aims to support local communication initiatives that promote access to justice by spreading successful experiences, Fundación Tengo and routes and achievement of pedagogic JSP-20-G-101 COP 100,019,000 Ganas campaigns in the municipalities of Buenos Aires, Caldono, Caloto, Corinto, Jambaló, Miranda and Santander de Quilichao in the Cauca department. Sub-Total COP $ Sub-Total USD $
Table 2. Subcontracts Executed During the Second Quarter of FY 2020
Subcontract Subcontractor Activity Value COP $ Number This subcontract aims to promote, in 30 municipalities of six departments that have been affected by the armed conflict, the use of Dispute JSP-20-FPSC- UT Camaras de Resolution Mechanisms, applying the Toolbox COP 2,276,704,980 021 comercio developed by JSP, in alliance with the MJD and the DNP, through a knowledge a network that operates with the participation of national actors and regional anchor stakeholders. This subcontract aims to document and draw awareness to the positive transformations of institutions and 45 cases of people that have Fundación Instituto stood out for their solidarity within the justice and JSP-20-FPSC- de Estudios para el land sectors. Additionally, this subcontract aims COP 549,978,000 022 Desarrollo y la Paz- to elaborate and diagram one or more knowledge INDEPAZ products within the framework of the Commission's analysis and management of knowledge for the Clarification of Truth, Coexistence and Non-Repetition. Sub-Total COP Sub-Total USD
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Table 3. Subcontract and Grant Pipeline for the Third Quarter of FY 2020
Reference Name of Activity Value Status Unsolicited Create a scholarship program to COP 40,000,000 • Technical adjustments by the strengthen the local supply, Organization effectiveness, and responsiveness • To be submitted next quarter to of the justice system in the USAID for approval. Department of Cauca Unsolicited Strengthening the strategy for the COP 50,000,000 • Technical adjustments by the rural community and access to Organization justice of the Junta de Acción • To be submitted next quarter to Comunal del barrio los Pinos in the USAID for approval. municipality of Santander de Quilichao Not Applicable Strengthening access to justice COP 70,000,000 • Applications to be evaluated and protection for women victims next quarter. of sexual violence in Bojayá. • To be submitted next quarter to USAID for approval. JSP-20-RFP-032 The production, promotion, and COP 550,000,000 • Technical adjustments by the broadcast of an eight-chapter Organization documentary series on the best • To be submitted next quarter to experiences of successful justice USAID for approval. enforcement in JSP intervention regions JSP-20-RFP-033 The creation of Legal clinics to COP 130,000,000 • Technical adjustments by the support mobile justice days Organization organized by the local justice • To be submitted next quarter to committees of the municipalities of USAID for approval. Bajo Cauca (Caucasia, Cáceres, Tarazá, Nechí, El Bagre, Zaragoza) and Norte de Antioquia (Ituango, Briceño and Valdivia). JSP-20-RFP-034 Strengthening the processes of COP 70,000,000 • Technical adjustments by the equity conciliation in Tumaco Organization (Nariño). • To be submitted next quarter to USAID for approval. JSP-20-RFP-035 The creation of a psychosocial COP 330,000,000 • Technical adjustments by the clinic to support Mobile Justice Organization Days programmed by the Local • To be submitted next quarter to Justice Committees of the USAID for approval. municipalities of Bajo Cauca (Caucasia, Cáceres, Tarazá, Nechí, El Bagre, Zaragoza) and Norte de Antioquia (Ituango, Briceño and Valdivia) JSP-20-RFP-038 Train 32 corregidores and police COP 60,000,000 • Technical adjustments by the inspectors from seven Organization municipalities in the department of • To be submitted next quarter to Putumayo USAID for approval. JSP-20-RFP-039 Conduct legal clinics in targeted COP 100,000,000 • Technical adjustments by the JSP regions as part of the USAID Organization Justice for Sustainable Peace • To be submitted next quarter to legal advocacy strategy USAID for approval. JSP-20-RFP-039 The creation of legal clinic for the COP 50,000,000 • Technical adjustments by the defense of collective interests and Organization rights in the municipalities of • To be submitted next quarter to Buenos Aires, Caldono, Caloto, USAID for approval. Corinto, Jambaló, Miranda, Toribío
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and Santander de Quilichao, Department of Cauca JSP-20-RFP-040 Train 60 Afro-Colombian women COP 450,000,000 • Technical adjustments by the leaders, leaders and ethnic Organization authorities in the design of public • To be submitted next quarter to policy proposals, advocacy, and USAID for approval. strategic litigation for access to justice for Afro-Colombian communities. JSP-20-RFP-041 Strengthen the communication COP 385,000,000 • Technical adjustments by the and pedagogical campaign "Rural Organization Justice" to change the perspective • To be submitted next quarter to of members of civil society, public USAID for approval. officials and justice actors in the JSP intervention regions towards justice through the publication on successful experiences, confidence-building, and the culture of legality. Sub-Total COP $ Sub-Total
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