CHAPTER V1 FOLLOW-UP ON RECOMMENDATIONS MADE BY THE IACHR IN ITS COUNTRY AND THEMATIC REPORTS FOLLOW-UP ON RECOMMENDATIONS MADE BY THE IACHR IN THE REPORT TRUTH, JUSTICE AND REPARATION: FOURTH REPORT ON THE HUMAN RIGHTS SITUATION IN COLOMBIA I. INTRODUCTION 1. The Inter-American Commission on Human Rights (hereinafter “the IACHR” or “the Commission”) has paid special attention to the human rights situation in Colombia during the armed conflict and, considering its devastating consequences, has ascribed great value to the signing of the peace accords, which usher in new possibilities for strengthening the protection of human rights. The objective of this chapter is to follow up on the recommendations made in the report Truth, Justice and Reparation: Fourth Report on the Human Rights Situation in Colombia (hereinafter also “the report Truth, Justice and Reparation” or “the Report of the IACHR”), approved by the Commission on December 31, 2013. In December 2012, the IACHR made an onsite visit to Colombia and subsequently prepared the country report that is the subject of this follow-up; the Report was published in August 2014. 2. In Chapter V of its 2014 and 2015 annual reports the Commission followed up on the recommendations made by the IACHR in its Report. The Commission has considered that the State’s recognition that the recommendations of the report are generally aimed at offering “tools for overcoming the challenges for guaranteeing and protecting human rights” and that their “implementation will represent a positive change for the holders of rights” reflects the commitment taken on by the State to effectively address the problems and challenges identified, this being a necessary element for going forwarded decidedly in implementing the protections and guarantees required for the victims of human rights violations in Colombia.2 3. In addition, the IACHR recognizes what was noted by the State when it indicates that “there are innumerable obstacles and challenges to overcome,” but that “the Government of Colombia, as part of an unbending policy of the State will continue to redouble efforts to guarantee the human rights of all inhabitants of the national territory…,” as well as its openness to the commitment of the IACHR to continue working with the State to seek solutions.3 The State also noted the importance of the report of the Commission in seeking to achieve a “positive transformation” on the situation of human rights in Colombia, in particular the recognition of fundamental issues such as the “peace talks,”4 which ultimately concluded in the peace agreement. 1 In keeping with Article 17(2) of the Commission’s Rules of Procedure, Commissioner Enrique Gil Botero, of Colombian nationality, did not participate in the deliberations or decision on this chapter. 2 IACHR, Chapter V Follow-up of recommendations issued by the IACHR in the Report Truth, Justice and Reparation, May 7, 2015, para. 2. 3 Republic of Colombia. Avances en la protección y garantía de los derechos humanos en Colombia (2013-2014) y seguimiento a las recomendaciones del IV Informe País de la IACHR: “Verdad, Justicia y Reparación.” Note S-GAIID-14-094783, received December 29, 2014, pp. 4-5. IACHR. 2014 Annual Report. IACHR, Chapter V Follow-up of recommendations issued by the IACHR in the Report Truth, Justice and Reparation, May 7, 2015, para. 2. 4 Republic of Colombia. Avances en la protección y garantía de los derechos humanos en Colombia (2013-2014) y seguimiento a las recomendaciones del IV Informe País de la IACHR: “Verdad, Justicia y Reparación.” Note S-GAIID-14-094783, received December 29, 2014, p. 5. IACHR, 2014 Annual Report. IACHR, Chapter V - Follow-up of recommendations issued by the IACHR in the Report Truth, Justice and Reparation, May 7, 2015, para. 2. 4. In this chapter the Commission recognizes the efforts made by the State to persevere to the signing of the peace agreement, initially signed August 24, 2016, and the subsequent renegotiation in light of the proposals put forth by the groups that had questioned the agreement and that called on voters to reject it in the referendum held October 2, 2016.5 The Commission looked favorably upon the renegotiation going forward while respecting the effective pluralism needed in a democratic society, and likewise when a Final Agreement was reached to end the conflict with the FARC-EP (hereinafter “Final Agreement”) on November 12, 2016.6 5. In November 2016 the Permanent Council of the Organization of American States (OAS) adopted by acclamation a resolution supporting the peace process and the end of the armed conflict in Colombia.7 After that session Colombian President Juan Manuel Santos met with the President of the IACHR, Commissioner James Cavallaro, and delivered the Agreement to him. Both authorities engaged in a dialogue on the peace process, the precarious state of the ceasefire, and implementation of the Agreement. The Commission expressed to Colombia its commitment to continue monitoring to ensure that the implementation of the agreement goes forward respecting and upholding inter-American human rights standards.8 6. In this regard the Commission reiterates that it maintains its conviction that consolidating peace is an essential requirement for the exercise of and respect for human rights. In addition, it takes into account the great challenge and responsibility that Colombia has ahead of it in implementing the agreement. In this understanding, the IACHR also maintains its commitment to attain peace in Colombia, thus it will continue offering its collaboration to the State and Colombian society as a whole in this effort, and it will monitoring implementation of the Agreement within the scope of its competences with the aim of such implementation meeting inter-American standards in relation to truth, justice, and reparations in the transition to peace.9 7. In its report Truth, Justice and Reparation, and its follow-up reports, the Commission has analyzed the human rights situation in Colombia mindful in particular of the context of the continuation of the internal armed conflict and the impact it has had on the protection and exercise of rights. Through the IACHR’s constant monitoring of the human rights situation in Colombia it has found that due to the internal armed conflict, Colombia maintains particular complexities stemming from the violence, complexities that continue to be a part of the day-to-day lives of its inhabitants, and that hit the most vulnerable sectors of the population. At the same time, the IACHR has recognized and valued the important public policies furthered by the State in the area of human rights to address this complex reality and the impetus the Government has given to attending to the victims of human rights violations and protecting persons at risk, as well as the significant investment in human and financial resources in these areas.10 This year it once again recognizes that effort by the State. 8. This analysis by the Commission has also taken into account that the Colombian armed conflict has undergone major transformations in terms of the dynamics and actors involved, in particular 5 IACHR. Press Release No. 122/16, IACHR Welcomes the Signing of Agreement for the Construction of Peace in Colombia, August 29, 2016. 6 See IACHR, Press Release No. 178/16, IACHR Reaffirms its Support for the Peace Process in Colombia and Is Monitoring Compliance with Inter-American Standards, December 1, 2016. 7 Organization of American States (OAS), CP/DEC. 67 (2096/16) Support for the peace process and the termination of the armed conflict in Colombia, November 18, 2016. 8 IACHR, Press Release No. 178/16, IACHR Reaffirms its Support for the Peace Process in Colombia and Is Monitoring Compliance with Inter-American Standards, December 1, 2016. 9 See IACHR, Press Release No. 178/16, IACHR Reaffirms its Support for the Peace Process in Colombia and Is Monitoring Compliance with Inter-American Standards, December 1, 2016. 10 See IACHR, 2015 Annual Report 2015, Chapter V Follow-up of recommendations issued by the IACHR in the Report Truth, Justice and Reparation, March 17, 2016, para. 14. 676 since the demobilization of the Autodefensas Unidas de Colombia (AUC) and in recent years with the progress of the peace process and the cease fire; and this year in particular with the subsequent signing of the Final Agreement and the efforts already made to implement it. 9. The Final Agreement was approved by the Senate and the House of Representatives of the Colombian Congress on November 29 and 30, 2016, respectively, with all votes in favor. Subsequently the Constitutional Court approved the mechanism that allows for fast-track treatment for adopting the statutes and the constitutional amendments needed for its implementation.11 In its observations on the draft of this report12 the State reported the approval of Law 1820 of December 30, 2016, “issuing provisions on amnesty, pardon, and special criminal justice treatment and other provisions,” aimed at regulating amnesties and pardons for political and related offenses and adopting special differentiated criminal justice procedures, especially for state agents who have been convicted, prosecuted, or accused of committing punishable conduct by reason of, on occasion of, or directly or indirectly related to the armed conflict.13 The State reported that with a view to implementing that Law, the President of the Republic issued Decree 277 of 2017 on February 17, 2017 “Establishing the procedure for the effective implementation of Law 1820 of December 30, 2016.”14 This report will set forth some considerations on the agreement under the section on transitional justice (see infra D). 10. On November 16, 2016, the Commission communicated to the State that it anticipated publishing a third follow-up report on the recommendations that were made in the report Truth, Justice and Reparation, in which it decided to place emphasis on the recommendations that are the main subject of this chapter.