341 COLOMBIA* 1 9. As in previous years, the situation examined in the Republic of Colombia during 2010 falls within the framework of the criteria set out in the introduction to Chapter IV of the Annual Report of the Inter-American Commission of Human Rights ("IACHR", "Commission"). In the case of Colombia, these criteria are particularly relevant with respect to the continued existence of circumstantial or structural situations that, for various reasons, seriously and gravely affect the enjoyment and exercise of the basic rights enshrined in the American Convention on Human Rights. Consequently, the Commission has adopted the following conclusions on the matter, in accordance with the procedure set out in Article 59(1)(h) of its Rules of Procedure2, for their inclusion in its Annual Report. The preliminary version of the present report was sent to the Republic of Colombia on January 25, 2011, for its observations. On February 25, 2011, the State presented its observations, which have been incorporated, in the relevant parts of this report.3 10. The IACHR is keenly aware of the complex situation facing Colombia, after five decades of violence and its impact on the civilian population. It is also aware of the effect of drug trafficking on the use of violence and the State's endeavors to combat the problem. The Commission observes that despite the attempts aimed at dismantling the armed structures of the United Self-Defense Forces of Colombia (hereinafter "AUC"), illegal armed groups continue to be involved in the commission of acts of harassment and violence against indigenous peoples, Afro-descendent communities, social leaders and human rights defenders. Five years after the enactment of the Justice and Peace Law, prosecutions of members of such groups have resulted in only two convictions, which have not been finalized. In addition, there have been few indictments of members of the security forces for committing extrajudicial executions and it is necessary that the investigations be conducted quickly and that action be taken to prevent harassments and attempts against the lives of the victims' families who denounce these matters. 11. The Commission stresses that in spite of these challenges, the Colombian State has made commendable efforts to move forward with the peace process through the demobilization of armed actors and the protection of its citizens. Among these efforts, it should be pointed out that on November 22, 2010, the Vice President of the Republic, the Procurator General of the Nation, the Ombudsman and representatives of the international community and civil society signed the Joint Statement Towards a Human Rights and International Humanitarian Law Policy which convenes a National Human Rights Conference for December 2011, aimed at developing a common agenda for joint action between the * I consider that in the case of Colombia and the other the countries included in Chapter 4; there has not been an adequate analysis of the rest of the countries in the continent that are in similar or worst circumstances. To this effect, I consider that the methodology used up to today does not give for certain, elements to measure the situation of each one of the countries in the region and more specifically an unbiased and fragmented vision of the compliance of the States of the region with their human rights obligations. Commissioner Luz Patricia Mejía Guerrero. 1 In accordance with the provisions of Article 17.2.a of the Commission's Rules, Commissioner Rodrigo Escobar Gil, of Colombian nationality, did not take part in either the deliberations or the decision in the current chapter. 2 Article 59 of the IACHR's Rules of Procedure establishes: “1. The Annual Report presented by the Commission to the General Assembly of the OAS shall include the following: [...] h. any general or special report the Commission considers necessary with regard to the situation of human rights in Members States, and, as the case may be, follow-up reports noting the progress achieved and the difficulties that have existed with respect to the effective observance of human rights; [...] 2. For the preparation and adoption of the reports provided for in paragraph 1.h of this article, the Commission shall gather information from all the sources it deems necessary for the protection of human rights. Prior to its publication in the Annual Report, the Commission shall provide a copy of the said report to the respective State. That State may send the Commission the views it deems pertinent within a maximum time period of one month from the date of transmission. The contents of the report and the decision to publish it shall be within the exclusive discretion of the Commission.” Rules of Procedure of the Inter-American Commission on Human Rights (approved by the Commission at its 109th extraordinary period of sessions, held between December 4 and 8, 2000, amended at its 116th regular period of sessions, held between October 7 and 25, 2002, at its 118th regular period of sessions, held between October 6 and 24, 2003, and at its 137th regular period of sessions, held from October 28 to November 13, 2009). 3 Observations of Colombia on the Draft Country Report of the Inter-American Commission on Human Rights for the year 2010, of February 25, 2011. 342 State, civil society and the international community centered around a permanent policy of promoting and respecting Human Rights and International Humanitarian Law.4 12. However, the Commission observes that together with the initiatives for the promotion and protection of human rights - such as the one cited above - the violence persists and continues to afflict the most vulnerable sectors of the civilian population. There are also new challenges in the administration of justice and to ensure comprehensive reparation of the damage caused to the victims of the conflict. 13. As a result, based on the information received from the State and from civil society, the IACHR has prepared a number of observations about the situation of human rights in Colombia during 2010. Specific reference is made to the advances and challenges in the investigation of crimes committed during the conflict, including the participation of the paramilitary leaders who have applied for the benefits granted by the Justice and Peace Law and who are present in Colombia, and those who have been extradited to the United States, in proceedings under the said Law; the persistent patterns of violations of the rights to life and to personal integrity; the situation of ethnic groups; and the activities of the intelligence services against human rights defenders, social leaders and judicial officers. I. THE CONTINUING VIOLENCE IN COLOMBIA 14. The IACHR continues to receive complaints about the commission of crimes by State agents and illegal armed groups.5 In addition to the emerging armed groups mentioned in the following section, the FARC and ELN continue to commit acts of violence with the aim of frightening and punishing civilians and communities, and are using anti-personnel mines in violation of the rules of international humanitarian law. These violations of human rights and breaches of international humanitarian law against the civilian population continue to feed the phenomenon of internal displacement. 15. The IACHR notes that the recruitment and use of children by illegal armed groups like the FARC and ELN still constitutes a practice6. Similarly, the Commission expresses special concern for the use of children for intelligence gathering by members of the security forces.7 In its observations, the State pointed out that "it is not the policy of the Armed Forces to use children for intelligence-gathering aims" and stated that the Colombian Institute of Family Welfare and the National Army have signed Inter- Administrative Accord No. 059 of 2009, which is mainly aimed at training Security Force personnel in the protection and assistance that should be given to children8. Also, the Commission takes note of the CONPES document on the "Policy for the prevention of the recruitment and use of boys, girls and adolescents by illegal organized armed groups and organized criminal gangs" of July 19, 2010, among other initiatives adopted by the State9; however, it observes that the legal prohibition of the use of children 4 Presidential Human Rights and International Humanitarian Law Program. Signed Joint Statement on Human Rights. Document available at: http://www.derechoshumanos.gov.co/Prensa/Communications/2010/Paginas/101122a.aspx. 5 IACHR. Press Release 117/10, IACHR condemns the murder of Oscar Maussa in Colombia, http://www.cidh.org/Communications/Spanish/2010/117-10sp.htm. 6 Human Rights Council. Annual Report of the United Nations High Commissioner for Human Rights on the situation of human rights in Colombia, March 4, 2010, A/HRC/13/72, para. 69. 7 Human Rights Council. Annual Report of the United Nations High Commissioner for Human Rights on the situation of human rights in Colombia, March 4, 2010, A/HRC/13/72, para. 74. 8 The State pointed out that approximately 2,500 members of the Security Forces have been trained under the Accord. In addition, it pointed out that one of the main themes in the training workshops is related to the judicial route applicable to children and young persons who break away from illegal groups, the fulfillment of the handover within the 36 hours subsequent to their disassociation and the prohibition on interviewing and use of under-aged persons in intelligence activities. Observations of Colombia on the Draft Country Report of the Inter-American Commission on Human Rights for the year 2010, February 25, 2011, page 4. 9 The State pointed out in its observations that "the High Council for Reintegration is developing measures from the early prevention perspective and focused on preventing recruitment by organized illegal armed groups and organized crime.