Colombia: UN expert calls for compliance with international human rights standards in peace and transitional justice agendas

GENEVA (29 September 2023) – Colombia must guarantee the right of victims to truth, justice, reparation and non-recurrence in its peace and transitional justice agenda in compliance with international standards, a UN expert* said today.

“Colombia has made commendable progress in establishing a comprehensive transitional justice mechanism and in clarifying the truth about serious violations of human rights and international humanitarian law committed in the context of the armed conflict, in particular with the publication of the final report of the Truth Commission,” said Fabian Salvioli, the UN Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, in a statement at the end of a 10-day visit to the country. He urged authorities to step up efforts to advance in the pending aspects of its transitional justice agenda and implement the report’s recommendations.

Salvioli warned that Colombia was witnessing a worrying resurgence of the armed conflict in vast territories of the country, especially those previously affected and their populations. “The insufficient implementation of essential guarantees for non-recurrence contained in the Peace Agreement has fuelled the situation,” he said.

The expert also pointed to challenges and delays in the implementation of financial reparations and psychosocial rehabilitation, despite the adoption of a strong institutional mechanism to provide reparations to the large number of registered victims in the country. “Easing the requirements for registering victims and designing funding mechanisms that complement the existing national budget will be crucial to addressing these issues,” he said.

The Special Rapporteur noted that Colombia had adopted numerous processes to promote the accountability of members of paramilitary groups, armed groups and security forces accused of serious violations of human rights and international humanitarian law.

“However, there are delays in the prosecution of cases and concerns regarding the role of victims in defining sanctions to be imposed on perpetrators before the Special Jurisdiction for Peace, and the type of sanctions,” he said.

Salvioli noted the Government's renewed efforts to advance peace negotiations with armed and criminal groups and to implement the peace and transitional justice agendas.

“I understand the difficulties in implementing some aspects of the peace agenda and the implementation gap inherited from the previous Government,” the expert said.

“Colombia’s response must include strategies for an effective State presence in areas most affected by the conflict, comprehensive reparations for victims – including land restitution – and sustainable conditions for the return of victims, the reintegration of ex-combatants and the work of human rights defenders, including social leaders,” he said.

The Special Rapporteur will present his report to the Human Rights Council in September 2024.