Colombia
12.09.01
Urgent Interventions

Colombia: the socio-economic destitution of internally displaced persons

ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCERN
Case COL 120901. ESCRC


The situation of internally displaced persons in Colombia: State repression and the enjoyment of economic, social and cultural rights

The International Secretariat of the World Organisation Against Torture (OMCT) expresses its deep concern about the current situation of internally displaced persons in Colombia who, as a result of the armed conflict, have had to leave their homes and consequently face precarious socio-economic conditions.

According to the information received by member organisations of the OMCT network – El Colectivo de Abogados José Alvear Restrepo, la Central Unitaria de Trabajadores (CUT), el Centro de Investigacion y Educacion Popular (CINEP), la Comision Colombiana de Juristas – the situation of internally displaced persons is often characterised by a lack of enjoyment of economic, social and cultural rights, and in particular the right to work, the right to food, the right to education and the right to adequate housing.

Moreover, according to the information provided by member organisations of the OMCT network, internally displaced persons often encounter State violence and repression when asserting their economic, social and cultural rights and in their quest for greater social justice.

The situation of some 50 displaced families, currently living in the settlement “Ciudadela de Paz” located in the southwest of Baranquilla, is of particular concern to OMCT. According to information from a reliable source, these families, comprising around 600 children, are living in homes with no proper walls and with plastic or paper roofs. These constructions fall short to guarantee the right to adequate housing for the families living in the settlement. Furthermore it is reported that these homes are often not resistant to heavy rains and wind and as a result, the personal belongings of the families are often lost or damaged. Malnutrition and a lack of safe drinking water are also prevalent in the settlement. It is also reported that children living in “Ciudadela de Paz” do not enjoy their right to education due to a lack of basic educational material.

While this situation has been going on for three years, attempts by families to assert their economic, social and cultural rights have been met with State violence. In an urgent appeal released on September 5th 2001 (Caso COL 050901), the International Secretariat of the World Organisation Against Torture (OMCT) has already condemned the violent eviction of these families from the cathedral of Baranquilla by the police, as they tried to be heard by the Public Defender (Defensoria del Pueblo), the Red Cross, the Human Rights Commission and the Church.

The situation in Baranquilla is not exceptional. Around 18’000 displaced persons, of which 40 percent are children, living in the settlement “La Reliquia” in Villavicencio also face severe housing conditions as they live in houses built with plastic, wood and paper. In an urgent appeal released on August 29th 2001 (Caso COL 290901), the International Secretariat of the World Organisation Against Torture (OMCT) expressed concern about the living conditions of these people and about the assassination of their leader on August 19th 2001. The housing situation of other displaced persons in Colombia is not better.

According to a recent report of the United Nations World Food Programme, approximately 1’500’000 persons have been displaced as a result of the armed conflict. The Centro de Investigacion y Educacion Popular (CINEP), a member of the OMCT network, reports that the issue of displaced persons represents today a national problem and is, in fact, on the increase in terms of numbers and affected areas. CINEP also reports that the recent fumigation of coca fields in the region of Putumayo has led to wide scale displacement of farmers and indigenous people. As this area is one of the priority region for the implementation of the Plan Colombia and subsequent fumigations, it is likely that a growing number of persons will be forced to leave.

Displaced persons also face food shortages, seriously restricting their enjoyment of the right to food. For instance, the United Nations World Food Programme reports that most of the displaced persons do not have an adequate daily intake of calories.

Moreover, displaced persons often face difficulties in finding employment, a factor that directly impacts on their ability to provide for themselves and their families.

Under the Law 387 of 1997 on principles regulating internal displacement, the government has to provide emergency humanitarian help to displaced persons, including food, health care, temporary housing and decent living conditions. However, emergency help is limited to a period of 3 months (article 15). After this period of time, the law provides that the government has to promote actions to generate conditions allowing for economic and social sustainability of the displaced persons (article 17). The Law further details respective responsibilities of various governmental institutions regarding the establishment of specific programmes guaranteeing, inter alia, the development of micro-enterprises, access to health services, solidarity programmes and access to education for the displaced population (article 19).

However, according to information received, families are often left to themselves once the humanitarian help ends. The Centro de Investigacion y Educacion Popular (CINEP), a member of the OMCT network, reports that the Colombian authorities have yet to implement an effective policy to address the socio-economic problems of displaced persons.


Social justice, violations of economic, social and cultural rights and the Colombian conflict

In its report on Colombia (U.N. Doc.E/CN.4/1995/111), the Special Rapporteur on the question of torture noted that “the persistent economic and social differences and the high level of poverty continue to be an underlying cause of violence and crime.” The Committee on Economic, Social and Cultural Rights also noted that violence in Colombia is also brought about by serious inequalities in society, such as enormous disparities in the distribution of national wealth. (U.N. Doc. E/C.12/1995/12). The Special Rapporteur on torture further highlights that “the benefits derived from steady economic growth and stability have not been employed to resolve the most basic problems of poverty and social exclusion.”

Indeed, public investment in education, health, housing, food and other social programmes remains very low while land continues to be concentrated in the hands of a small number of landowners.

As highlighted, the socio-economic conditions and the lack of social justice constitute an underlying cause of the current conflict. In this regard, OMCT fears that the destitution suffered by internally displaced persons, adding to the lack of social justice and poor socio-economic conditions prevalent in Colombia, might well further reinforce the underlying causes of the conflict.

In this regard, the implementation of the Plan Colombia might well lead to a worsening of the current situation with regard to the lack of social justice and the issue of internally displaced persons, fuelling the underlying causes of the conflict. Indeed, the fumigation of coca growing areas is likely to lead to massive displacement of population in the affected regions. Moreover, while OMCT does not take a position concerning the merits of economic restructuring as such, the International Secretariat notes that the measures foreseen by the Plan Colombia might well lead to a deterioration of the enjoyment of economic, social and cultural rights.


Action Requested

Please write to the Colombian authorities urging them to:

i. guarantee respect for the economic, social and cultural rights of the internally displaced persons, in particular through the implementation of effective public policies addressing short term needs as well as the long term enjoyment of economic, social and cultural rights by this vulnerable group;

ii. guarantee respect for economic, social and cultural rights throughout the country in accordance with the International Covenant on Economic, Social and Cultural Rights and the Protocol of San Salvador;

iii. address the problem of the inequitable distribution of wealth in order to effectively combat poverty in accordance with the recommendations made by the UN Committee on Economic, Social and Cultural Rights in its 1996 concluding observations;

iv. effectively implement the recommendations made by the UN Committee on Economic, Social and Cultural Rights in its 1996 concluding observations, and in particular with regard to the right to education and the right to adequate housing;

v. comply immediately with recommendations issued by international and regional human rights organisations, including the Office of the High Commissioner for Human Rights, the United Nations Human Rights Commission and the Interamerican Commission for Human Rights, as well as non-governmental human rights organisations.
Addresses:

S.E. Andrés Pastrana Arango, Presidente de la República, Carrera 8 n°. 7-26, Palacio de Nariño, Santa Fe de Bogotá. Fax: (+57 1) 286 74 34; (+57 1) 286 68 42; (+57 1) 284 21 86

- Consejería Presidencial de Derechos Humanos, Calle 7 n°. 6-54 Piso 3, Santa Fe de Bogotá, D.C.Fax:(+571) 337 13 51

- Doctor Gustavo Bell Lemus, Ministro de la Defensa, Ministerio de Defensa Nacional, Avenida El Dorado con carrera 52 CAN, Bogotá. Fax: (+571) 222 18 74

- Doctor Armando Estrada Villa, Ministro del Interior, Ministerio del Interior, Cra. 8 n°. 8-09 SantaFe de Bogotá, Palacio de Nariño. Santa Fe de Bogotá. Fax: (+57 1) 286 80 25

- Doctor Edgardo Maya Villazón , Procurador General de la Nación, Carrera 5 n°. 15-80, Santa Fe de Bogotá. Fax: (+57 1) 342 97 23; (+57 1) 281 75 31

- Doctor Luis Camilo Osorio, Fiscal General de la Nación, Diagonal 22 B n°. 52-01, Santa Fe de Bogotá. Fax: (+57 1) 570 20 22.

- Doctor Eduardo Cifuentes, Defensor del Pueblo, Defensoría del Pueblo, Calle 55 n°. 10-32 Santa Fe de Bogotá. Fax: (+57 1) 346 12 25

- General Fernando Tapias Stahelin, Comandante de las Fuerzas Militares, Avenida el Dorado, Cra. 52, Santa Fe de Bogotá. Fax: (+57 1) 222 29 35

Please also write to the embassies of Colombia in your respective country.

Geneva, September 12, 2001

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.