Implications of the Implementation of Decree 092 and SCR 1325 on Violence and Discrimination against Women in Colombia
9 October 2013
In spite of the international engagement of the Government of Colombia to support the UN Security Council Resolution (SCR) 1325 on Women, Peace and Security (WPS) and its subsequent resolutions (1820, 1888, 1889, 1960 and 2016), Columbia has yet to implement clear strategies in adopting this resolution or a National Action Plan to ensure follow up. This has been a constant demand by the women’s movement in Colombia.
Engaging Women in the Peace Process
Even though the scourge of war most affects women, the Columbian government persists in blatantly discriminating against women by excluding them in the first line of negotiations to end the conflict between the government and the FARC guerrilla.
Whilst there are no concrete results in the implementation of the WPS Agenda, the government has developed some regulations to include a gender approach in its public policies and an adapted assistance to the victims of armed conflict. In particular, Decree 092 of 2008 recognises that women are particularly affected by the armed conflict and stipulates special means for the protection of the human rights of women in displacement.
There are many limitations in the effectiveness and efficiency of the application of this regulation, namely lack of awareness of the law, malfunctioning of the operative procedures for its implementation and lack of allocation of resources. Above all, the lack of operative and institutional capacity to coordinate the interinstitutional programmes at the local and national level remains constant.
In February 2013, Decree 098 was enacted to follow up the implementation of the “Programme of Prevention of Sexual Violence against Displaced Women and Integral Attention to Victims” and the criminal processes regarding sexual violence against displaced women.
However, in the opinion of grassroots women and local women leaders in several regions in the country, the current application of Decree 092 and SCR 1325 does not address their needs and the realities of multiple forms of discrimination and violence, mainly because of the lack of awareness of these regulations by their communities and local institutions.
Women continue to be systematically the object of sexual violence in the framework of the armed conflict. However, the levels of impunity of those crimes remain at 98%, this figure does not take into account the high level of underreporting, the invisibility of these crimes and the fear of denouncing.
Furthermore, women experience a “double displacement” owing to the discrimination and the threats they are subject to receiving in the municipalities. The protection and response that the State provides is not sufficient. Women demand the guarantee of security that ensures their access to justice. Indeed, Decree 092 mandates a specific protection for the 600 women who have reported human rights violations, but ignores the other affected survivals who have not done so.
Protecting Women Human Rights Defenders and Displaced Women
Women human rights defenders who have led the follow-up, implementation and monitoring of Decree 092 have faced innumerable threats, harassment, persecution and sexual aggressions. The protection of women human rights defenders must take a comprehensive gender approach, including the protection of the family, psychological assistance, effective access to health care, education and disarmament. This demand is aimed at ensuring an atmosphere favourable to guarantee the human rights of women as well as their personal integrity.
Although we recognise that the State provides humanitarian assistance to displaced women, this is not sufficient, many victims are excluded from the list of beneficiaries for having registered to the tributary system while in displacement. This represents a vicious legal cycle that many women have serious difficulty in escaping.
Thus, WILPF recommends:
- The elaboration and implementation of a NAP of SCR 1325 (recommendation endorsed by the Human Rights Council in its Universal Periodic Review report.
- The participation of women from the government and from FARC in the first line of peace negotiations (recommendation endorsed by the Human Rights Council in its Universal Periodic Review report).
- That each of the points of peace building is negotiated with a gender perspective in view of having their endorsement by women’s organisations.
- The establishment of adequate measures for women, in a possible post-conflict context where demobilisation processes may take place.
- That humanitarian assistance to women victims of the armed conflict will include psychosocial support, essential to heal psychological injuries.
- Integral and effective protection of women human rights defenders advocating for women victims of the conflict, including for their family, and providing psychosocial support, health care and education.
- Wider awareness by the local and regional institutions of SCR 1325 and Decree 092, including the rights that these documents provide to displaced women for their effective implementation.
- Eliminate all legal lacunas and traps so that women victims of the conflict can access State welfare to cover their needs and justice.
WILPF International – María Muñoz Maraver: mmunoz(a)wilpf.ch
WILPF Colombia – Katherine Ronderos: katherine.ronderos(a)gmail.com