E July 2-5, 2019 E

MISSION REPORT -CHOCÓ- e July 2-5, 2019 e

REPORT -CHOCÓ- e July 2-5, 2019 e *

*Integrated by: ABColombia, Broederlijk Delen, Caritas Suiza, Christian Aid, Comité Noruego de Solidaridad con América Latina, Comundo, Fas- tenopfer, Federación Luterana Mundial, Fokus, Fondo de Acción Urgente para América Latina, Forum Syd, Fundación Sueca por los Derechos Humanos, Grupo de Trabajo Suiza Colombia -ASK!-, Heks-Eper, ICCO, International Action for Peace, Iglesia Sueca, kolko - Menschenrechte für Kolumbien, Latinoamerican Working Group, Llamamiento de Ginebra, Mundubat, Movimiento por la Paz -MPDL-en Colombia, OIDHACO, Oxfam, Paz con Dignidad, Peace Brigades International –PBI- (observadora), SweFOR (observadora), Swissaid, Terre des Hommes Suisse Credit: Germán Moreno / FLM 6 e Mission Report -Chocó-

BETWEEN JULY 2ND AND 5TH, 2019, A DELEGA- TION OF INTERNATIONAL CIVIL SOCIETY OR- GANIZATIONS PRESENT IN COLOMBIA CON- DUCTED A MISSION WITH THE OBJECTIVE OF OBSERVING THE HUMANITARIAN, HUMAN RIGHTS AND SECURITY SITUATIONS FACED by communities in the department of Cooperation Space for Peace platform Chocó. The mission consisted of rep- (ECPP). Members of the mission en- resentatives of the following organi- gaged in dialogue with ethnic-territori- zations: Swedish Movement for Rec- al authorities, staff from the Diocese of onciliation (SweFOR), Lutheran World Quibdó, grassroots and women’s orga- Federation (LWF), Diakonie - Colombia nizations as well as with departmental, Program, ACT Swedish Church, Wash- municipal and local civil authorities in ington Office on Latin America (WOLA), Quibdó and Bellavista (municipality of International Office for Human Rights Bojayá). The results of the mission are Action Colombia (OIDHACO) and the detailed in this report. Mission Report -Chocó-e 7

E CARIB MAR Acandi

PANAMÁ Unguía

Riosucio

Escala Gráfica km

Juradó Carmen del Darién (Curbaradó)

ANTIOQUIA

Bojayá

O (Bellavista)

F Í

C Bahía Solano A (Mutis)

N Medio Atrato A (Beté) É

O El Carmen

QUIBDÓ Nuquí Atrato Alto Baudó (Yuto) (Pie de Pató) Lloró Río Quito (Paimadó) El Cantón del San Pablo Bagadó (Managrú) Certegui Unión Panamericana RISARALDA (Ánimas) Tadó CALDAS Medio Baudó Istmina Río Iró (Puerto Meluk) (Santa Rita) Condoto Medio San Juan (Andagoya) San José Bajo Baudó Nóvita del Palmar (Pizarro)

Sipí QUINDÍO

VALLE DEL CAUCA TOLIMA El Litoral del San Juan (Santa Genoveva de Docordó)

2012

Crédito: mapasinteractivos.didactalia.net 8 e Mission Report -Chocó-

2.1. Characteristics of ownership of 2,915,339 hectares, and 120 indigenous reserves located in 24 of the region Chocó’s 30 municipalities.2 The Department of Chocó is located on Colombia’s Pacific Coast and has a geo- Despite the fact that Chocó is one of the graphic area of 46,530 km2,. Its capital is most biodiverse places in the country and the city of Quibdó and it consists of 30 mu- the world, it also has the highest num- nicipalities distributed across five sub-re- ber of inhabitants with unsatisfied basic gions in the department: San Juan, Baudó, needs (NBI) in Colombia. 79% of the popu- Alto and Medio Atrato, Pacific Coast, Bajo lation have unmet basic needs compared Atrato and Darién. It borders the country to a national average of 20%3. Factors of Panama and the Caribbean Sea to the related to the high NBI deficit are asso- north by, the Departments of Antioquia ciated with historical problems including and Risaralda to the east, the Department marginalization, impoverishment, lack of of Valle del Cauca to the south by, and the citizen participation in public decisions Pacific Ocean to the west by. It includes and the continued violence of the Colom- jungle in the Darien region and the basins bian armed conflict. of the Atrato, Baudó and San Juan rivers. It has some of the highest rainfall and biodi- The Mission visited one of the munici- versity in the world, as well as one of the palities most affected by the armed con- country’s most important water sources, flict in Colombia: Bojayá. Located in the the Atrato River. sub-region of Medio Atrato with a population of 10,099 inhabitants4, it is a ter- According to the latest DANE census ritory that due to its geostrategic loca- (2018), 515,045 people live in Chocó, of tion, connects the Bajo Cauca Antioqueño whom 61.2% are Afro-Colombians and with the Colombian Pacific Coast through 9.7% are indigenous. 49.1% of the pop- rivers. These rivers shape the life of the ulation live in Quibdó and 50.9% live in communities and their exchanges with rural areas of the department. The an- each other and the outside world. The re- nual growth rate is 1.99%1. A total of gion is also heavily used for drug traffick- 96% of the department consists of the collective territories of 600 afro-de- 2 Data from the National Land Agency (ANT). scendent communities, grouped into Statistics on collective territories located in Chocó (2008). 70 community councils with collective 3 Population data from DANE, 2015.. See: https://colaboracion.dnp.gov.co/CDT/Inver- siones%20y%20finanzas%20pblicas/Choc%- C3%B3%2015.pdf 1 Average projection from 2015 to 2020. ELC, Departmental Briefing for Chocó 2018; DANE 4 DANE: Municipal population projections by Projection 2005-2020. area 2005-2020. Accessed 1 May 2015. Mission Report -Chocó-e 9

ing and other illicit economies. In 2002 it ary Armed Forces of Colombia (FARC-EP suffered one of the most atrocious events by its Spanish acronym) guerrilla group in the history of the Colombian armed and the United Self-Defence Forces of conflict, The May 2nd Massacre, which in- Colombia paramilitary group (AUC by its volved clashes between the Revolution- Spanish acronym). 79 people were killed when a gas cylinder bomb exploded in the church located in the centre of the town5. Despite the fact that the victims’ organizations in the municipality have engaged in different processes with public institutions to demand truth, justice, reparation and guarantees of non-repetition, currently they are victims of recurring violence and raised their concerns about the disproportionate worsening of the armed conflict in the zone during recent years. Different statements from ethnic-territorial organizations, churches and the Ombudsman’s Office support this claim.

Bojayá One of the elements of the context observed by the Mission was the permanent presence of illegal armed actors in the territory, which is a dominant factor in the configuration of regional dynamics. Based on reports on the humanitarian impact of the armed conflict in Chocó that are periodically published by the Local Coordination Team, with support from the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), the data demonstrates changes in the department following the signing of the Peace Agreement signed between the Colombian Govern- Crédito: Milenioscuro | https://es.wikipedia. org/wiki/Archivo:Colombia_-_Choc%C3%B3_-_ ment and FARC-EP. These include a de- Bojay%C3%A1.svg

5 Victims Unit. 2019. 10 e Mission Report -Chocó-

crease in the number of people affected ed that 11,300 people from 54 communi- by forced displacement, reducing from ties were victims of confinement during 6,956 in 2017 to 2,465 in 20186, and a the first half of 2019.9 total of 1,823 forcibly displaced people between January and September 20197. Among the factors that increase con- However, a more worrying trend is the finement is the presence of illegal groups increase in the number of people affect- within or near communities and the im- ed by confinement. This increased to minent risk they represent, as well as 16,681 from January to September 2019, armed clashes between illegal groups compared to 15,548 people who suf- such as the ELN and the AGC and between fered confinement in 2018, and 14,433 in these groups and the Colombian mili- 2017.8 The Ombudsman’s Office report- tary. The confinement events presented in Chocó are related to the presence of mines in the territory. This has forced the 6 OCHA. December 2018. See: https://www.hu- civilian population to isolate themselves manitarianresponse.info/en/operations/colombia/document/colombia-briefing-departa- from the sites of their livelihoods, usually mental-choc%C3%B3 located in rural areas, as well as from the 7 OCHA. Humanitarian impact of conflict and roads they habitually use to consume wa- armed violence in Chocó. January-Septem- ber 2019. https://www.humanitarianrespon- ter or collect food. se.info/en/operations/colombia/infographic/ impacto-humanitario-por-conflicto-y-violencia-armada-en-el-choc%C3%B3 8 Departmental Briefing Chocó, December 2018. The figures include facts on restrictions of access and limitations on mobility. The numbers of people affected by confinement includes: 13,263 in 2019, 11,370 in 2018 and zero in 2017. 9 Ombudsman’s Office. 2019. Mission Report -Chocó-e 11

The Mission identified causes, risks and the Peace Agreement between the Co- impacts of the humanitarian crisis in lombian government and the FARC-EP. Chocó, specifically on the ethnic peoples This is because territories previously of the department. After analysing this occupied by the FARC-EP guerrillas are information, the Mission categorized the being disputed by other illegal armed collected information and proposed the actors, such as the National Liberation following sections: human rights situa- Army (ELN) and the Gaitanista Self-De- tion and the humanitarian crisis, complete fence Forces of Colombia (AGC). This peace, organisational processes at risk, affects local social, political, economic loss of food security, forced recruitment dynamics and destabilises the daily lives and other effects of the conflict, gen- of the civilian population in both rural der-based violence and the government’s and urban areas. Added to this situation response to the humanitarian crisis. is the increase and worsening of acts of violence following the end of peace dialogues between the national govern- 3.1. Humanitarian ment and the ELN.

Crisis and Human The disputes between illegal armed groups Rights Situation over the control of territories have gen- The human rights situation in Chocó erated breaches of International Human- has worsened following the signing of itarian Law (IHL) and serious violations of 12 e Mission Report -Chocó-

international human rights norms, which ate action to deal with these risks and stop has led to an increase in humanitarian them from increasing.” (Ombudsman’s Of- emergencies in Chocó by 53%: 58% are fice, 2019, AT 017/19). from the indigenous population and 40% from the Afro-descendant population. Of The Early Warning Alerts issued by the the total affected population, 21% are re- Ombudsman’s Office between 2017 and ported as being under the age of 18. In ad- 2019 evidence the presence of illegal dition, a total of 365 persons were regis- armed actors in each of the five sub-re- tered because they were victims of other gions in the department: San Juan, Baudó, acts of violence related to the conflict such Alto and Medio Atrato, Pacific Coast, Bajo as homicides (23), landmines/unexploded Atrato and Darién. Murders, threats, ordnance (6), threats (330), kidnapping (12) forced displacements and confinement of and other aggressions (6)10. the civilian population continue to be a re- ality for Chocó. The Ombudsman’s Office has warned about the imminent risks that the depart- The reconfiguration of the conflict has led ment’s indigenous and afro-descendant to an increase in risks for human rights de- communities face, and for this reason has fenders who are part of ethnic-territorial issued 19 Early Warning Alerts11 for 14 mu- processes. Some of the identified patterns nicipalities between January 2018 and Sep- include: i). Stigmatization by illegal armed tember 2019. It has warned that 46% of the actors and security forces; (ii). Threats to territory is at risk due to the “repositioning their lives and physical safety, as well as and expansion of illegal armed groups such the exercising of their leadership and de- as the ELN and the AGC to control routes for fending rights; iii). Being accused of crimes; the trafficking of arms and drugs to the Pa- (iv). Strategic confinement to impede their cific Coast and Central America. We request organizational work. that the relevant institutions take immedi- The Mission identified two factors that

10 Humanitarian impact of the conflict and armed have led to the increase in violence in violence in Chocó, January – September 2019. Chocó in 2019. First, the gaps in protec- https://www.humanitarianresponse.info/en/ operations/colombia/infographic/impacto- tion caused by the non-implementation humanitario-por-conflicto-y-violencia- of the Peace Agreement signed between armada-en-el-choc%C3%B3 the Colombian government and the 11 Article 6 of Decree 2124 of 2017 mentions FARC-EP. Second, the government’s deci- that Early Alert Warnings are a “warning document, of a preventive nature, issued sion to suspend the peace dialogues with autonomously by the Ombudsman’s Office. the ELN following an attack with a car Their main purpose is to provide timely warning of risks and threats to the rights to bomb against the Police Cadets’ School in life, freedom and personal safety, civil and Bogotá. In Bojayá, members of the Mis- political liberties and breaches of IHL. Mission Report -Chocó-e 13

sion spoke with local institutions, orga- process if it does not include all of the nizations and ethnic-territorial leaders illegal armed actors involved in the who shared their opinions about the conflict. The Ombudsman’s Office has risks that the civilian population faces. issued warnings about the barriers cur- These risks are caused by two factors: rently faced by victims in accessing their the territorial dispute between the ELN rights, despite the actions implemented and the AGC to obtain control of routes by the national government within the that connect Bojayá with Juradó and framework of the Peace Agreement. It Bahía Solano and were previously oper- states that “the persistence of forced ated by the FARC-EP for the trafficking displacement and the confinement of of illicit economies; and the absence of ethnic peoples impede their socioeco- the State in these territories. nomic stabilization and the reconstruction of the social fabric”. This situation Community members also expressed is evidenced in the displacement and concern about the presence of illegal confinement figures for 201912. armed actors such as the AGC that visit people’s homes and community stores, For the local population in Chocó, ignor- travel along rivers and establish camps ing the structural causes of the conflict, near collective territories. The people we such as the dismantling of illegal armed spoke to attribute the disappearance and structures and the fact that the pres- homicide of a 30 year-old man and the ence of the State to guarantee citizen’s subsequent gradual displacement of sev- rights does not go beyond the militariza- eral families to Vigía del Fuerte and Bel- tion of the territories most affected by lavista as being committed by this illegal the armed actors, are the main reasons armed group. As for the ELN’s method of violence continues. operating, in 2019 the use of anti-personnel mines (MAP) and/or threats to place “The indifference of the State pre- them in rivers, hunting areas and food vents the reconstruction of trust in supply areas has increased. The ELN also its public institutions because they use the homes of displaced people for pa- do not pay attention to warnings and trols, increasing the risks to the lives and do not create integrated solutions physical safety of the community. for emergencies13.

3.2. Complete Peace 12 Ombudsman Resolution 071 of 2019 on the Hu- manitarian Crisis in the Colombian Pacific re- For the people interviewed by the Mis- gion, issued by the Ombudsman’s Office. sion, there can be no integrated peace 13 July, 2019. Meeting with leaders from Bojayá in the framework of the International Mission. 14 e Mission Report -Chocó-

The local public institutions in Bojayá in International Humanitarian Law and told the Mission that the implementa- propose alternatives for the negotiated tion of the Peace Agreement does not resolution of the conflict. The platform have the support of the national gov- is led by the ethnic-territorial organiza- ernment. These local institutions have tions of Chocó that actively participated presented several initiatives to be in- in the peace dialogues with ELN. cluded in the Development Plans with a Territorial Approach (PDET), such as (ii). The Permanent Committee of Di- productive, infrastructure and devel- alogue and Agreement for Indigenous opment projects, but have not received Peoples in the Department of Chocó. any response14. In addition, the govern- The Committee facilitates political di- ment did not hire the necessary staff alogue and advocates for public policy for the implementation of projects in that supports the following indigenous the Medio Atrato region until July 2019. groups: Embera Dobida, Embera Chamí, Embera Katio and Wounaan. The Com- The Mission received information mittee proposes collective protection about four civil society peacebuilding actions against the assassinations of in- initiatives in Chocó that work to over- digenous leaders in the region. see and strengthen public organizational structures: (iii). The strengthening of internal regulations in the COCOMACIA Community i). Humanitarian Accord Now. This net- Councils to strengthen mechanisms that work seeks to reduce the impact of the prevent recruitment by armed actors armed conflict and demand the fulfill- and support the defence of territorial ment of 11 points in a Peace Agreement autonomy. with the ELN. These points are framed (iv). Pacific Inter-Ethnic Truth Commis- sion. “The purpose of this report is to 14 Decree 983 of 2017 created the Development highlight the violations of human rights Programs with a Territorial Approach (PDET). This is a 10-year sub-regional Comprehensi- that have occurred in the context of the ve Rural Transformation Programme through armed conflict. The truth that is estab- which Comprehensive Rural Reform is implemented more rapidly in the territories most lished is based on the perspective of the affected by armed conflict, poverty, illicit eco- victims and does not have the value of a nomies and institutional weakness. Sn Action judicial truth, but is instead shared his- Plan for Regional Transformation (PATR) was created for the Chocó sub-region, consisting torical observation of the construction of 14 PDETs from the following municipalities: of a society.15 Unguía, Acandí, Bojayá, Riosucio, Carmen del Darién, Medio Atrato, Condoto, Istmina, Medio San Juan, Murindó, Novita, Vigía del Fuerte, Sipí and Litoral de San Juan. 15 CIVP Primer Mission Report -Chocó-e 15

3.3. At-risk It has been identified that since 2018 in the Buey River, the armed control of Organizational Processes the territory by the National Liberation The Mission expressed its concern re- Army (ELN) has weakened local author- garding the reports from various lead- ities and ethnic organizations and has ers of threats against their lives while resulted widespread fear in communi- defending and voicing their rights. In ties. This situation affects participation some cases, this intimidation has forced in community activities and leads to them to move from their territories, sub-reporting of human rights viola- creating risks for organizational pro- tions or acts of violence due to fear of cesses. This also increases the risk of reprisals. During the last year, the Om- vulnerability for the rest of the popula- budsman’s Office has documented cas- tion, who, perceiving fear and anxiety, es of forced recruitment of minors and do not dare to report or oppose the con- acts of gender-based violence against trol exercised by the armed actors. women caused by the presence of the ELN in this region. Armed actors isolate leaders, and dele- gitimize and harass ethnic authorities because they see them as an obstacle to 3.4. Loss of food their control of the territory. security “To demand our rights we have to pay One of the most serious effects of con- with our lives.”16 finement and mobility restrictions is related to the impact on the right to food The ethnic-territorial organizations high- security, due to limitations on the exer- light the situation in the Buey River, Mu- cising of productive activities, the use of nicipality of Medio Atrato in the COCO- traditional spaces for fishing, hunting MACIA territory, as well as incidents with and visiting sacred spaces”17. It is also the ELN in the Municipality of Medio At- too dangerous for these communities to rato, some of which go unreported due to hunt animals in the upper areas of riv- fear. For COCOMACIA, these events are a ers, work on plots that are a significant direct attack on their organizational pro- distance from populated centres and cesses because they reduce community cut down wood for daily cooking. participation, weaken community assem- blies and ignore internal regulations.

17 Ombudsman’s Office Resolution 071 of 2019 16 July, 2019. Meeting with leaders of Bojayá in the on the Humanitarian Crisis in Colombia’s framework of the International Mission. Pacific region. 16 e Mission Report -Chocó-

In addition, there have been incidents case with traditional medicine, which such as the looting of community requires the use of plants that they shops and the theft of farm animals. can’t access due to the presence of Although the number of landmine ex- landmines”. According to Early Warn- plosions reported in Chocó is minimal ing Alert 068 issued by the Ombuds- compared to the number of warnings man’s Office, “these confinements issued about the use of this weapon constitute a counterinsurgency strat- by illegal armed actors, the communi- egy implemented by the AGC with the ties have decided to abandon and regu- purpose of reducing the ELN’s access late their productive activities and use to supplies by controlling the mobil- water sources that are closer to their ity of the civilian population and the homes as a self-protection mechanism. transport of food and medicine19. This is caused by the fear and anxiety generated by the presence of landmines, unexploded ordnance (UXO) and IEDs in their territories18.

An analysis carried out by the ethnic-territorial organizations within the framework of the Humanitarian Agreement Now! platform for Chocó details the following situation:

“The practice of confinement consti- tutes a form of violation of multiple 19 The proposal for Humanitarian Agreement Now! in Chocó was conceived by the fundamental rights, both individual organizations that created this platform and collective. In practically all five (the Chocó Interethnic Solidarity Forum, the Permanent Committee for Dialogue and sub-regions of the department there Agreement with the Indigenous Peoples of have been recorded actions of con- Chocó, the Dioceses of Apartadó, Quibdó and Istmina-Tadó, the Victims’ Committee finement of communities that result and social organizations) as the minimum of in the loss of traditional agricultural, conditions that are necessary for the Peace Agreement signed with the FARC-EP and fishing and hunting practices. These the peace dialogues with the ELN to be fully activities are an essential part of their implemented in a territory like Chocó that is systematically affected by different forms subsistence and contribute to the sur- of violence. This platform was conceived as vival of cultural practices. This is the a basic humanitarian mechanism to alleviate the suffering of the population, stop the worsening complex humanitarian crisis and guarantee the individual and collective 18 Anti-Personnel Mine, Unexploded Ordnance human rights of communities and respect for and Improvised Explosive Devices. IHL in the territory. Mission Report -Chocó-e 17

Table 1. Registered displacements and confinements in Chocó between January and September 2019

Municipalities Municipios No. No. No. No. affected by afectados por People Families People Families displacement Confinamiento

Juradó 971 141 Carmen del Darién 3190 800

El Litoral del San Juan 417 97 Bojayá 2778 878

Medio San Juan 307 98 Medio San Juan 2051 510

Nuquí 84 26 Itsmina 1765 392

Bojayá 60 15 Río Quito 1649 406

Total 1.839 377 Riosucio 1394 322

Litoral de San Juan 1299 168

Juradó 981 216

Medio Baudó 800 228 Bajo Baudó 340 68 Bahía Solano 325 77 Quibdó 109 22 Total 16.681 4087

Source: Victims Unit, Municipal Ombudsman’s Offices. (OCHA. Flash Update, 2019).

3.5. Forced recruitment to increase their presence in the territories, guarantee their expansion and use and other actions children under the age of 18 to carry out Since 2018, and with a notable increase their illegal activities. The recruitment in 2019, ethnic groups in Chocó have and forced use of minors by armed ac- perceived an increase in the forced re- tors documented in the cases of chil- cruitment of minors by the National dren and adolescents recruited into the Liberation Army (ELN) and the Gaitan- ranks of armed actors and sometimes ista Self-Defence Forces of Colombia used as informants in communities. (AGC). These illegal armed groups seek 18 e Mission Report -Chocó-

According to OCHA, in 2018 there were 26 especially confinement, affect their lives cases of forced recruitment of minors by through a number of factors. The first is the ELN, concentrated in the municipalities the loss of food security. Second, is the of Tadó and Bojayá20. In 2019, there have weakening of cultural identity among new been three (3) cases so far, including the re- generations due to forced recruitment, in cruitment of a 13-year-old girl. According which armed actors use the practice of se- to testimonies collected by the Mission, the ducing and involving girls and young wom- armed groups entice children and young en in their actions, offering them gifts and people with money and false promises of establishing affective relationships so that work and drugs, while the girls are seduced they join the group. Third is the emotion- and impregnated as a strategy based on al damage and breakdown of support net- emotional manipulation. works for women who have been victims of some type of sexual violence from the The Ombudsman’s Office states that “the armed actors. This is one of the most invis- factors that influence forced recruitment ible forms of violence. are the lack of educational opportunities, remuneration by armed actors and access In this context, the Mission had serious con- to psychoactive substances21. In terms of cerns about the fear and risks that women the increase in drug use in the communi- in Bojayá are exposed to by the presence of ties, the Mission documented that during the AGC. In the past this group committed 2019 there have been seven (7) cases of serious abuses and acts of sexual violence young people with problems of drug use against women as public punishment for and addiction in Bojayá. Concerns were hiding members of the FARC-EP in their expressed about the possible connection homes. The women also discussed the sex- between members of the Colombian mili- ual harassment that they have received, tary and drug distribution in the area. not just from illegal armed actors, but also from members of the Colombian military who are present in their territories. 3.6. Gender-Based In other communities in the Medio Atra- Violence to region, acts of sexual violence against For Afro-descendant and indigenous wom- women committed by members of the en, the dynamics of the armed conflict, National Liberation Army (ELN) have been reported in the COCOMACIA territories.

20 OCHA. Chocó Departmental Briefing. 2018. See: https://www.humanitarianresponse.info/ Based on information from the Chocó en/operations/colombia/document/colom- Local Coordination Team, “the absence bia-briefing-departamental-choc%C3%B3 of sex-disaggregated data continues to 21 Ibid. Mission Report -Chocó-e 19

be one of the main limitations when it lack of credibility and effectiveness of comes to highlighting the situation faced the Territorial Transitional Justice Com- by women and girls in the department. In mittees (CTJT), and the incapacity of ter- terms of public policies, these continue ritorial entities to provide food assistance to be deficient in questions of gender and in emergency contexts. in the provision of emergency assistance caused by violence and natural disasters. For the communities affected by the armed Women do not have differentiated spaces conflict in Chocó, the State’s permanent that guarantee them protection22. presence as a guarantor of human rights has not yet come. The State’s answer to mitigate violent actions has been the mili- 3.7. The State’s response tarization of ethnic territories, such as the Napipi and Opogadó Rivers in Bojayá, a sit- to the humanitarian crisis uation in which the right to prior consulta- “Bojayá doesn’t cry today, not because tion has been ignored. The government is she doesn’t hurt, but because she doesn’t also interested in creating a Army battalion have any tears left.”23 in Bojayá, ignoring local ethnic groups’ in- ternationally recognized collective rights. Regarding the State’s response to the grave This could also lead to possible infractions human rights situation caused by the vi- of International Humanitarian Law by in- olent actions of illegal armed actors, com- volving the civilian population in the imple- munity members told the Mission that the mentation of military actions. work of government agencies and public institutions disarticulated and insufficient The Mission observed that the current hu- to respond in a timely manner to the needs manitarian emergency in Bojayá is exac- generated by a humanitarian emergency. erbated by the lack of an adequate institutional response involving reparations for The Mission identified gaps in the gov- victims a year before the Victims’ and Land ernment’s work in taking declarations on Restitution Law is due to expire. Firstly, this confinement events and forced displace- is because, the collective reparations pro- ment, problems with articulating the im- cesses for afro-descendent communities plementation of Contingency Plans, the and indigenous peoples has faced difficul- ties in terms of consultation, coordination, and financing. Between 2011 and 2019, pub- 22 OCHA. Chocó Departmental Briefing, December lic institutions have only made progress in 2018. See: https://www.humanitarianresponse. info/en/operations/colombia/document/co- administrative procedures with two out of lombia-briefing-departamental-choc%C3%B3 the three communities that are entitled to 23 July, 2019. Meeting with Bojayá leaders in the collective reparations. framework of the International Mission. 20 e Mission Report -Chocó-

“The Committee for the Human Rights of lective Reparations, 1 case is in the Design the Victims of Bojayá, which has worked and Formulation Phase, and 14 cases are in for collective reparations for victims in the Implementation Phase of the Plan. Bellavista, indigenous communities and Community Councils, has concluded that 1 there is not enough political will from the caso en Fase de Diseño national government to complete and im- y Formulación de las medidas de reparación plement the established reparations plans because of a lack of financial resources24. 14 casos en Fase de Im- Second, in relation to the exhumation plementación del Plan process, the local community faces chal- Integral de Reparación Colectiva lenges for the full recognition of the people who were disappeared because of the 19 Bojayá massacre following 17 years of in- casos en Fase de Alis- action by the Colombian state. Communi- tamiento institucional y ty members stated that: comunitario

“In the case of Bojayá, the damage caused The guarantees of non-repetition demand- by the massacre in Bellavista remains in- ed by victims in the case of Bojayá remain visible. The State still does not recognize unattended to by the State. 17 years since many people who disappeared and were the massacre in the church of Bellavista, murdered on May 2nd, 2002. The statis- anxiety about the social and armed conflict tics and reparation methods that have continues. Community testimonies evi- been used do not represent true justice for dence the current situation: victims, survivors and relatives25. “With the departure of the FARC, the State Data from the Unit for Assistance and In- did nothing, which is why the other illegal tegrated Reparation for Victims (UARIV) actors arrived. The Army comes through shows that between 2011 and 2019, prog- here and stays for two months and then ress was made with collective reparations leaves. The communities where the Army for 36 cases of ethnic communities in stayed are signalled as supporters of the Chocó. 19 of those cases are currently in government, and then they don’t have any the Institutional and Community Readiness protection against the armed groups who Phase of the Comprehensive Plan for Col- carry out reprisals against them for help- ing the military26.

24 Ibid. 25 Ibid. 26 Ibid. Mission Report -Chocó-e 21

To the Colombian zz The Intersectoral Commission for the Government Prevention of the Recruitment and Use of Children and Adolescents, must im- proves its articulation and response ca- 1. Humanitarian Agreement Now! pacity for cases of recruitment and use dialogue, and negotiated settle- of children and adolescents in Chocó. ment for the conflict with the ELN zz Comply with the principles and limitations contained in the Humanitarian 2. Comply with the Final Peace Agreement Now! proposal, recogniz- Agreement in good faith. ing and respecting it as a valid initiative zz Make progress with implementing designed by civil society organizations the proposal for dismantling para- to overcome the conflict in Chocó. military structures presented by the delegates from civil society plat- zz Seek a negotiated solution to the con- forms to the National Commission flict with the ELN. for Security Guarantees. zz The Colombian military must guaran- zz Adopt measures to prevent the re- tee human rights and respect for In- cruitment of children and adolescents ternational Humanitarian Law in the preparation and implementation of its zz The Ministry of the Interior urgent- operations. ly and effectively designs and imple- 22 e Mission Report -Chocó-

ments collective prevention and pro- Reduce the impact of the conflict tection plans with an ethnic approach zz Urge the Colombian authorities, espe- for the department of Chocó. cially the Ministry of the Interior, to urgently and effectively draw up and zz Promote prevention and protection implement collective prevention and processes for landmines, UXO, and hu- protection plans with an ethnic ap- manitarian demining. proach for the Department of Chocó. zz The Unit for Integrated Assistance and Reparations to Victims (UARIV) makes Ending the conflict progress with collective reparation zz Urge the Colombian Government and processes and implements effective its relevant entities to implement ef- measures for integrated reparations to fectively the measures included in the all victims of the armed conflict agreed Final Peace Agreement between the on in a participatory manner with the Government and the FARC-EP. affected communities. zz Urge the Colombian Government to zz The Presidential Advisory Office for take the necessary action to dismantle Women’s Equity ensures that govern- the illegal armed groups that operate ment institutions in the department meet in the territory and whose presence the needs of women and ensure the ful- continues to increase the risks faced fillment of their fundamental rights. by communities.

zz Urge the Colombian Government to re- To the International spect and guarantee the rights to truth, justice, reparation and guarantees of Community non-repetition for victims of the armed conflict in the Department of Chocó. 1. Ensure compliance with the Fi- nal Peace Agreement in good faith zz Maintain a presence in the territory Urge the relevant Colombian entities to through international missions and guarantee the allocation of the neces- continue with the accompaniment and sary resources to implement what has support of afro-descendent and indig- been agreed on in the Development Plans enous councils, social organizations, with a Territorial Approach (PDETs) and churches, and communities in the de- guarantee sufficient staff for their imple- partment of Chocó in their promotion mentation, as well as the permanent par- and defence of their human rights, ter- ticipation of communities in this process. ritories and the environment. Mission Report -Chocó-e 23

zz Support and promote processes for part of the Colombian State and to re- mental health and psychosocial care, spect the internal regulations govern- especially for women affected in the ing those territories. context of armed conflict. zz Support the strengthening of self-gov- zz Insist on the importance of dialogue ernment, recognition, and respect for and a political solution to the conflict the Life Plans and Strategic Plans that with the ELN and respect for the Hu- have been designed by afro-descen- manitarian Agreement Now! proposal dent and indigenous communities. by the communities and social organizations of Chocó. zz Urge the Colombian government and the ELN to resume peace talks that zz Urge the Colombian government to will lead to complete peace in the ter- recognize the legitimacy of ethnic ritories and definitively end the armed authorities in collective territories as conflict in Colombia.

Following the finalization of this report, an open letter to President Iván Duque Márquez was published, signed by the Diocese of Quibdó and social and ethnic-territorial organizations in Chocó, alerting the president to the grave humanitarian crisis and the “imminent risk of a new massacre in the Municipality of Bojayá”, reconfirming various points that were identified during the mission.