WILPF’s Recommendations for the Universal Periodic Review of Colombia
2 April 2013
The recent constitutional reform that extends military jurisdiction will lead to impunity and several human rights violations as stated in the report of the High Commissioner for Human Rights (HCHR). Military jurisdiction for cases of homicide of protected persons would prevent an impartial trial. Thus, WILPF recommends to:
- Rectify the recent constitutional reform that widens the jurisdiction of the military penal court as soon as possible and in any case before the next UPR.
To date, despite the commitments and obligations enshrined in the UN Security Council resolutions 1325 and 1889 in relation to integrating a gender perspective in the resolution of conflicts, as well as the participation of women in the negotiation table, no women have been engaged in the main negotiation team of the peace process so far. Hence, WILPF recommends that:
- All parties at the table for peace talks must include women and gender advisors as part of the team of main mediators, not only in the second and third layer.
- Colombia develop a National Action Plan for the implementation and monitoring of the UNSCR 1325.
In relation to the problems of implementation of law 1257, which modifies the penal code to increase the penalty for the crime of homicide in cases where ‘a women is murdered for being a women’ (femicide) as an aggravating factor, WILPF endorses the following recommendation from Alianza and la Mesa mujer y conflicto armado:
- Present a complete and impartial report on the implementation of law 1257 of 2008 that offers precise information on the advances and limitations and incorporates proposals to develop further implementing bills.
In relation to the abuses of the police against LGBTI, the delay in the criminal processes for homicide of LGBTI persons and the processing or filing of these crimes as crimes of passion without investigating possible motives in homophobia along with the policies of the so-called “social cleansing” perpetrated by criminal groups, WILPF endorses the following recommendations from Colombia Diversa:
- Investigate the “social cleansing” practices of the illegal armed groups, and commit to fully identify the LGBTI people that have been victims in the context of the armed conflict. It is necessary that the State implements effective reparation measures for victims, with a differential approach that guarantees their rights.
Ending impunity is vital for security, however impunity is an everyday reality for those crimes perpetrated against women in Colombia, in particular for crimes of sexual violence related to the armed conflict. Hence, WILPF endorses and calls for effective implementation of the Court order 092 in line with the recommendation from the document “Women’s rights in Colombia” elaborated by Alianza and La Mesa Mujer y Conflicto Armado4:
- Adopt effective and adequate measures to advance in the investigations of the cases included in Court order 092, reserved annex, and end the impunity; it should also refrain from subjecting the cases to additional reviews using the selection and priority criteria of the Attorney General’s office.
In Geneva: María Muñoz Maraver, mmunoz(a)wilpf.ch or rights(a)wilpf.ch
In Colombia: Katherine Ronderos, katherine.ronderos(a)limpalcolombia.org