The international UN Human Rights expert* asked this Tuesday the Colombian State to implement the 2016 Peace Agreement as a State policy and guarantee that all dialogue processes with non-state armed groups have a human rights approach focused on the victims.
In its reportprepared by mandate of the Human Rights Council of the UN, Antonia Urrejola**, sets out the main obstacles to the implementation of the 2016 Peace Agreement, including those identified by the Special Jurisdiction for Peace in March 2023, and makes recommendations to contribute to the consolidation of peace in Colombia.
The report points out progress related to comprehensive rural reform and transitional justice. It also highlights that 80% of the signatories of the agreements maintain their commitment to reintegrate into society, despite the obstacles and risks to their lives.
The 2016 Peace Agreement is a roadmap to address the structural causes of the conflict and ensure non-repetition, says the report, which emphasizes that the State's human rights obligations must be implemented progressively and independently of the political context. .
Attacks against the transitional justice system
The report indicates that the first years after the signing of the Peace Agreement were crucial to guarantee its application and consolidate the population's confidence in the Agreement, but they were marked by a political context hostile to that Agreement. This led to irregular implementation and attacks against the transitional justice system.
Thus, the document points out possible obstructions by the Attorney General's Office to the Special Jurisdiction for Peace in the case of “Jesús Santrich”, former member of the FARC-EP and negotiator of the Peace Agreement and highlights that the case exemplifies the abusive use of criminal action to undermine the population's confidence in the Agreement and in the transitional justice system.
“The stigma that weighed on the signatories of the peace was reinforced, their internal division was accelerated and their reintegration, provided for in the Agreement, was affected. At the same time, it generated doubts about the suitability and impartiality of the members of the Special Jurisdiction for the Peace,” the text says.
In this sense, Urrejola urges the Attorney General's Office to give priority to the investigation of the complaint from the Jurisdiction of March 2023, since determine possible criminal responsibilities within a reasonable time, through the creation of a group of independent experts to support and provide technical assistance in the investigation.
“The Attorney General's Office must report publicly on the progress and results of this investigation within one year,” said the expert.
The report recommends “respecting and safeguarding the independence and autonomy of the Special Jurisdiction for Peace as the judicial authority in charge of judging the most serious and emblematic crimes committed during the armed conflict, and guaranteeing the protection of its personnel, the victims and those who appear before the Jurisdiction”.
Other recommendations
The State must also review and adapt legal procedures so that the extradition process of Colombian citizens complies with Colombia's international human rights obligations, including the rights of victims to truth, justice and reparation, and the right to peace.
The expert called for the creation of an entity at the highest government level to supervise the implementation of the agreements, convene all entities and ministries, guarantee the required inter-institutional coordination and articulation between public policies of transitional justice, with adequate financial resources. .
He also urged the State to implement, as a priority, a policy of dismantling criminal organizationswith a territorial and participatory approach, and ensuring adequate resources.
“The dismantling of criminal structures and the fight against corruption are fundamental pillars for consolidating peace,” the report says.
Finally, the expert urges the Colombian State to redouble its efforts to implement the recommendations of the Truth Commission in the public policies of the State, particularly at the local and departmental level.
*Special rapporteurs and other independent rights experts are part of what is known as the Special Procedures of the Human Rights Council. They are not part of the UN staff, are independent of any government or organization and do not receive a salary for their work.
**Antonia Urrejola is the international human rights expert to identify obstacles to the implementation of the 2016 Peace Agreement.
