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Colombia

Executive Summary

Colombia is a constitutional, multiparty republic. In June voters elected Ivan Duque Marquez president in elections that observers considered free and fair and the most peaceful in decades.

Civilian authorities generally maintained effective control over security forces.

Human rights issues included reports of unlawful or arbitrary killings; reports of torture and arbitrary detention by both government security forces and illegal armed groups; corruption; rape and abuse of women and children by illegal armed groups; criminalization of libel; violence and threats of violence against human rights defenders and social leaders; violence against and forced displacement of Afro-Colombian and indigenous persons; violence against lesbian, gay, bisexual, transgender, and intersex persons; forced child labor; and killings and other violence against trade unionists.

The government took steps to investigate, prosecute, and punish officials who committed human rights abuses, although some cases experienced long delays that raised concerns about accountability. The Special Jurisdiction for Peace (SJP, or JEP in Spanish)–the justice component of the Comprehensive System for Truth, Justice, Reparation, and Non-Repetition–started operations during the year.

As part of the 2016 peace accord, the Revolutionary Armed Forces of Colombia (FARC), formerly the country’s largest guerrilla insurgency group, disarmed and reincorporated as a political party that participated in the March congressional elections and initially nominated a presidential candidate, who withdrew from the race in May. On July 20, FARC representatives took up eight of their guaranteed 10 seats in congress.

The National Liberation Army (ELN) perpetrated armed attacks across the country for much of the year, particularly following the conclusion of a brief bilateral cease-fire, which lasted from October 1, 2017, through January 9. Peace talks between the ELN and Santos government concluded without resolution in August, and the Duque administration suspended talks until the ELN agrees to new preconditions for negotiations. Other illegal armed groups and drug-trafficking gangs continued to operate. Illegal armed groups, as well as narcotics traffickers, were significant perpetrators of human rights abuses and violent crimes and committed acts of extrajudicial and unlawful killings, extortion, and other abuses such as kidnapping, torture, human trafficking, bombings and use of landmines, restriction on freedom of movement, sexual violence, recruitment and use of child soldiers, and intimidation of journalists, women, and human rights defenders.

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government generally respected these rights, although there were exceptions. Military operations and armed conflict in certain rural areas restricted freedom of movement.

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

According to media reports, on August 31, the navy intercepted a vessel with 22 migrants from Bangladesh, Cameroon, Cuba, Gambia, India, and Pakistan, in the Gulf of Uraba, adjacent to the country. The migrants, who allegedly were bound for Central America, were turned over to the Migration Directorate, the government’s migration monitoring and control authority. The Migration Directorate reported that during 2017, 2,254 Indian citizens, 567 Nepalese, and 510 Bangladeshis were identified as being illegally in Colombia; 554 came from Africa.

In-country Movement: There were no government restrictions on movement within the country. Organized-crime gangs, ELN guerrillas, and other illegal armed groups continued to establish illegal checkpoints on rural roads.

International organizations also reported that illegal armed groups confined rural communities through roadblocks, curfews, car bombs at egress routes, and IEDs in areas where narcotics cultivation and trafficking persisted. According to the UN Office for the Coordination of Humanitarian Affairs (OCHA), between January and October, more than 1,037,491 persons faced mobility restrictions that limited their access to essential goods and services due to armed incidents and geographical factors. This reflected a 750 percent increase compared with the same period in 2017. Additionally, OCHA identified 56 events in which humanitarian actors and international organizations faced restrictions in access to communities by armed groups.

INTERNALLY DISPLACED PERSONS (IDPS)

There were approximately 7.6 million IDPs in the country, largely a result of the armed conflict. Threats posed by illegal armed groups drove internal displacement in remote areas as well as urban settings. In some areas the FARC withdrawal resulted in a struggle for control by other illegal armed groups causing violence and internal displacement. The government, international organizations, and civil society groups identified various factors driving displacement, including threats, extortion, and physical, psychological, and sexual violence by illegal armed groups against civilian populations, particularly women and girls. Competition and armed confrontation among and within illegal armed groups for resources and territorial control and confrontations between security forces, guerrillas, and organized-crime gangs, in addition to forced recruitment of children or threats of forced recruitment, were also drivers of displacement. Drug trafficking, illegal mining, and large-scale commercial ventures in rural areas also contributed to displacement. Local institutions lacked the capacity in many areas to protect the rights of, and provide public services to, displaced persons and communities at risk of displacement, and as such the government struggled to provide adequate protection or humanitarian assistance to IDPs.

OCHA reported that 30,068 persons had been affected in 103 displacement events between January and October. Approximately 45 percent of the individuals affected were of Afro-Colombian and indigenous origin. Departments with the highest rate of mass displacements included Antioquia, Cordoba, Choco, Narino, and Norte de Santander.

As of July the NPU was providing protection services to 330 land-restitution leaders.

The Victims’ Unit maintained the Single Victims Registry as mandated by law. Despite improvements in the government registration system, IDPs experienced delays in receiving responses to their displacement claims because of a large backlog of claims built up during several months, lack of the unit’s presence in territory, and other constraints. Government policy provides for an appeals process in the case of refusals.

The ELN and organized-crime gangs continued to use force, intimidation, and disinformation to discourage IDPs from registering with the government. International organizations and civil society expressed concern over urban displacement caused by violence stemming from territorial disputes between criminal gangs, some of which had links to larger criminal and narcotics-trafficking groups.

The Victims’ Unit cited extortion, recruitment by illegal armed groups, homicides, and physical and sexual violence as the primary causes of intraurban displacement. UNHCR reported that in some departments displacement disproportionately affected indigenous and Afro-Colombian groups.

According to OCHA, 15 percent of the 30,068 persons affected by displacements were indigenous.

The NGO National Association of Displaced Afrodescendants (AFRODES) stated that threats and violence against Afro-Colombian leaders and communities continued to cause high levels of forced displacement, especially in the Pacific Coast region. OCHA reported that approximately 29 percent of the individuals affected by displacement events were Afro-Colombian. AFRODES and other local NGOs expressed concern that large-scale economic projects, such as agriculture and mining, contributed to displacement in their communities.

By law 52 government agencies are responsible for assisting registered IDPs.

Dozens of international organizations, international NGOs, and domestic nonprofit groups, including the International Organization for Migration, World Food Program, ICRC, UNHCR, and Colombian Red Cross, coordinated with the government to provide emergency relief and long-term assistance to displaced populations.

International organizations and NGOs remained concerned about the slow and insufficient institutional response to displacement. As a result, NGOs took responsibility for providing humanitarian assistance to recently displaced individuals. International organizations and civil society reported that a continuing lack of local capacity to accept registrations in high-displacement areas often delayed assistance to persons displaced individually or in smaller groups. Humanitarian organizations attributed the delays to a variety of factors, including the lack of personnel, funding, declaration forms, and training. Insecurity in communities affected by the conflict, including areas in the departments of Antioquia, Cauca, Choco, Narino, and Norte de Santander, sometimes delayed national and international aid organizations from reaching newly displaced populations.

Despite several government initiatives to enhance IDP access to services and awareness of their rights, in many parts of the country municipalities did not have the resources or capacity to respond to new displacements and provide humanitarian assistance to IDPs. Many IDPs continued to live in poverty in unhygienic conditions and with limited access to health care, education, shelter, and employment.

Displaced persons also sought protection across international borders. UNHCR previously stated that Colombia was the country of origin for 360,000 refugees and persons in a refugee-like situation, the majority in Ecuador, with additional populations in Venezuela, Costa Rica, and Panama. UNHCR estimated that between 400 and 500 Colombians crossed into Ecuador every month. The governments of Colombia and Ecuador continued to meet throughout the year regarding the situation of Colombian refugees and asylum seekers in Ecuador, and the Colombian government offered a program to assist Colombians abroad who returned to Colombia. Additionally, the government estimated that 300,000 Colombians, many of whom were displaced by the conflict in Colombia and registered as refugees in Venezuela, returned to Colombia from Venezuela during the year.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. According to the government, it had approved 47 applications for refugee status since 2009. Between January 1 and October 2, the government reported it received 1,258 new asylum-seeker cases for refugee status, of which three cases were approved. Venezuelans represented approximately 95 percent of applications during the year. Authorities stated that the asylum process took at least one year, during which solicitants were given a permit to stay in the country but were not allowed to work.

During the year there was a large increase in migration flows from Venezuela. According to the Migration Directorate, as of October the country hosted more than one million Venezuelans. While the government generally provided access to the asylum process for persons who requested international protection, many opted for alternative migration status, due to the slow processing time of asylum applications.

Temporary Protection: The government also provided temporary residence permits (PEP) to Venezuelans who met certain eligibility requirements. Approximately 180,000 Venezuelans who entered with passports legally were granted PEPs prior to February, when the program was discontinued. In June the government announced that 442,462 irregular Venezuelans who participated in the government’s census exercise would be eligible for PEPs until December 2. As of November approximately 255,000 of the 442,462 Venezuelans eligible for PEPs had requested the residence permit, and other Venezuelans were in the registration process. A new registration period for the PEP was announced December 27. PEPs provide access to work permits, access to the social insurance system, and the ability to open bank accounts. The temporary residency permit is valid for up to two years.

 

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