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The UN International Human Rights Expert Antonia Urrejola called on the Colombian State to implement the 2016 Peace Agreement as a State policy and ensure that all dialogue processes with non-state armed groups have a human rights approach focused on the victims.
In his report requested by the United Nations Human Rights Council, Urrejola identifies the main obstacles to the implementation of the 2016 Peace Agreement. These include those identified by the Special Jurisdiction for Peace (JEP) in March 2023, and makes recommendations to contribute to the construction of peace in Colombia.
The report includes progress in certain aspects of the Agreement, referring to comprehensive rural reform and transitional justice. It also highlights that 80% of the signatories of the Agreement remain committed to the process of reintegration 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, the report states, emphasizing the need for the State’s human rights obligations to be implemented progressively and independently of political situations, with emphasis on measures aimed at guaranteeing economic, social, cultural and environmental rights.
The report highlights that the first years after the signing of the Peace Agreement were crucial to promote its implementation and consolidate citizen confidence in what was agreed, but that this period was marked by a political context hostile to the Agreement. This resulted in uneven implementation and attacks against the transitional justice system.
The report points out that would have existed, by the Attorney General’s Office, a obstruction of the JEP procedure in the case of “Jesús Santrich”, former member of the FARC-EP and negotiator of the Peace Agreement.
The report emphasizes that this case exemplifies the abusive use of criminal action to weaken citizen confidence in the Agreement and in the transitional justice system.
“The stigma on the peace signatories was reinforced, their internal division was accelerated, and would have affected their reintegration as provided for in the Agreement. At the same time, it created a cloud of doubt in the suitability and impartiality of the members of the JEP,” the report says.
In the report, Urrejola urges the Attorney General’s Office to give priority to the investigation of the JEP complaint of March 2023, and to determine possible criminal responsibilities within a reasonable period of time, through the formation of a group of independent experts. , to assist and provide technical assistance in the investigation.
“The Prosecutor’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 JEP as the judicial authority in charge of prosecuting the most serious and representative crimes committed during the armed conflict and guaranteeing the protection of its personnel, as well as the victims and those appearing.”
Furthermore, the State should review and adapt legal procedures so that the extradition processes of Colombian citizens comply with international human rights obligations, including the rights of victims to truth, justice and reparation, and the right to peace.
The expert also calls for creating a body at the highest government level that has the powers to lead the implementation of the 2016 Peace Agreement, convene all entities and ministries, ensure due inter-institutional coordination and coordination between the different public policies in matter of transitional justice, and that it has the financial resources to do so.
The expert recommends implementing, as a priority, the policy of dismantling criminal organizations, with a territorial and participatory approach, ensuring adequate resources.
“The dismantling of criminal structures and the fight against corruption are fundamental axes in consolidating peace,” the report says.
The expert asks 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.