CHAPTER V FOLLOW-UP TO RECOMMENDATIONS MADE BY THE IACHR IN ITS COUNTRY OR THEMATIC REPORTS FOLLOW-UP TO RECOMMENDATIONS MADE BY THE IACHR IN ITS REPORT TRUTH, JUSTICE, AND REPARATION: FIFTH REPORT ON THE SITUATION OF HUMAN RIGHTS IN COLOMBIA I. INTRODUCTION 1. During 2018, the Commission has continued to follow up on the implementation of the Peace Agreement through its different monitoring mechanisms, particularly with public hearings, work visits, and letters. During that time, the State and civil society have submitted information on the human rights situation, specifically on the progress made and challenges involved. 2. The objective of this report is to follow up on the recommendations made in the report Truth, Justice, and Reparation: Fourth Report on the Situation of Human Rights in Colombia (hereinafter “Truth, Justice, and Reparation” or “the Report of the IACHR”)1 adopted by the Inter-American Commission on Human Rights (hereinafter “the IACHR” or “the Commission”) on December 31st, 2013, as a product of the IACHR’s in loco visit to Colombia in December 2012. In this framework, the IACHR also began following up on implementation of the Final Agreement for Ending the Conflict and Building a Stable and Lasting Peace between the government and the Fuerzas Revolucionarias Armadas de Colombia (FARC) in November 2016 (hereinafter the “Peace Agreement”). 3. In Chapter V of its annual reports from 2014 to 2017, the Commission followed up on the compliance with the recommendations made by the IACHR in its 2013 country report and report on the implementation of the Peace Agreement. In this report, the Commission takes into account the major challenge and efforts made by the State to implement the Peace Agreement, including the progress made and the significant challenges currently faced. The Commission uses this space to conduct this monitoring on the understanding that in the transition to peace, the Colombian State’s compliance with its international obligations in the area of human rights is part and parcel of the implementation of the Agreement. The Commission reiterates that it maintains its conviction that the consolidation of peace is an essential requirement for the respect, guarantee, and effective enjoyment of human rights and full validity of the rule of law. In this understanding, the IACHR also maintains its commitment to achieving peace in Colombia. Thus, through this report and other mechanisms available to it, it offers the State and Colombian society as a whole its cooperation in that effort, which will take years to complete. 4. In its report “Truth, Justice and Reparation” and its follow-up reports, the Commission has analyzed the human rights situation in Colombia. The IACHR also continues to confirm that the reality in Colombia remains complex as a result of the up-surge in violence with the appearance of armed actors following the signing of the Peace Agreement. This violence affects the sectors that face the greatest risk and that are the most vulnerable to violations of their human rights. The IACHR recognizes the efforts made by the State to establish a legal framework and the institutional structure necessary to implement the Peace Agreement. 5. Regarding compliance with the recommendations, the Commission reiterates its deep concern at the high number of attacks on human rights defenders and social leaders, leaving at least 213 people dead between January 1st, 2016 and October 2018, according to the United Nations Office of the High Commissioner for Human Rights (OHCHR). The Commission also observed that in 2018, Colombia continues to face a series 1 IACHR, Truth, Justice, and Reparation: Fourth Report on the Human Rights Situation in Colombia, OEA/Ser.L/V/II. Doc. 49/13, December 31, 2013. of challenges related to the security situation in rural areas where violence persists; human rights violations remain in impunity; the high number of individuals who remain disappeared; the situation of forced displacement; and the human rights situation of those belonging to historically discriminated groups, issues that will be addressed throughout this report. This in addition to the challenge of launching the Comprehensive Truth, Justice, Reparation, and Non-Repetition System (Sistema Integral de Verdad, Justicia, Reparación y No Repetición, SIVJRNR). 6. On September 26th, 2018, the Commission communicated the State that it envisioned to publish a fifth follow-up report on the recommendations contained in the Truth, Justice and Reparation report, in which decided to emphasize upon the recommendations that are the main focus of this report. Accordingly, it asked the State for information on compliance with those recommendations, without detriment to continuing to follow up on the implementation of all the recommendations contained in the Truth, Justice and Reparation report. On that same date, the IACHR asked the Office of the Ombudsperson of Colombia for information in the same terms and informed Colombian civil society organizations about the preparation of this fifth report to follow up on the recommendations and asked for them to submit any information on compliance in their area of expertise that they considered relevant. 7. The State submitted its response on December 3rd, 2018. The Office of the Ombudsperson of Colombia presented information on October 29th, 2018 and acknowledged the IACHR for its work. Civil society organizations also responded to the request for information. The Commission is grateful for the detailed and meticulous information presented by the State, the Office of the Ombudsperson, and civil society organizations in response to its requests, which has provided the Commission with updated information for conducting its analysis. 8. In drafting this report, the Commission has also taken into account the information collected during its monitoring of the country’s overall human rights situation; information received during public hearings; the reports issued every six months by the Mission to Support the Peace Process of the OAS (MAPP/OAS); input from the precautionary measures mechanism; and the requests for information made under Article 41 of the American Convention on Human Rights (hereinafter the “American Convention”); as well as information available from other public sources, and the decisions and recommendations of specialized international agencies, among other sources. 9. On February 21st 2019, the Commission transmitted the State a copy of the preliminary draft of this report, in accordance with article 59, paragraph 10, of its Rules of Procedure, and requested the State to submit its observations. On March 14th, 2019, the Commission received the observations and comments made by the State of Colombia, from which, as appropriate, were incorporated into this version2. On March 15th, 2019, the Commission received additional observations from the State of Colombia, from which the IACHR considered the most relevant points, particularly those related to the situation of human rights defenders and social leaders. The complete document is annexed to the present Report. 3 The final report was approved by the Commission on March 16th 2019. 10. In its observations, the State values and greets the Commission acknowledgements in regard of the challenges and responsibilities that Colombia faces, likewise recognizes that the IACHR Report gathers the vision of different actors, including the State, which provides balance and equilibrium to the document. Nevertheless, the State reiterates the IACHR the actions and measures taken to mitigate the impact that some situations may hold in the full and effective enjoyment of the human rights. Correspondingly, the State: Equally, appreciates the assertive language that the IACHR maintains in this version of the Report. The State receives with plenty of satisfaction that the IACHR recognizes the difficulties that the entities face to effectively guarantee the rights, associated difficulties to the complexity of problems and regional contexts and not to the absence of will from the State to comply with its international obligations. 2 Republic of Colombia, Note MPC/OEA No.:238/2019, March 14th 2019, p. 1. 3 Republic of Colombia, Additional information to the Note MPC/OEA No.:238/2019, March 15th 2019. 516 Finally, it is very positive that the IACHR, for the first time in 5 years of follow-up to the recommendations made to the State, analyzes the level of compliance with each recommendation, indicating that in some cases they have already been complied. This analysis is of great value insofar as it represents a true exercise in evaluating the situation in Colombia and makes the Annual Report a tool for cooperating with the State in order to guarantee rights4. However, the State requests to note that the comments made in the follow-up of the recommendations formulated by the IACHR in the Report Truth, Justice and Reparation: Fourth Report on the human rights situation in Colombia, open up a spectrum the deepens far more than the implementation analysis of the recommendations made in 2013 in the cited report. This is to be highlighted since, about several topics, the IACHR has not realized specific recommendations, regardless this, makes observations along these topics. 5 11. The IACHR takes note on the acknowledgements manifested by the Colombian State, and reminisces that for this report, the IACHR decided to make emphasis to several recommendations indicated to the State, with a broader focus oriented towards the implementation of the Peace Agreements6, as it has been done since the reports Chapter V 2017, and reiterates the importance of the compliance of the recommendations by Colombia formulated in the report. Likewise, reiterates its disposition to collaborate with Colombia within its mandate framework and functions, in accordance to secure the full and effective enjoyment of human rights to all persons. 12. This report is divided into four sections: (I) Introduction, (II) Implementation Process of the Peace Agreement, (III) Follow-up on Recommendations, and (IV) Conclusions. Section III is focused on the current situation with regard to the Commission's recommendations and the measures taken by the State for their compliance.