Stand by Colombia's Victims of Violence

S.E. Álvaro Uribe Vélez
Presidente de la República
Cra. 8 #7-26
Palacio de Nariño
Bogotá
Colombia

Dear President Uribe:

We write to express our deep concern about the recent wave of threats, attacks and killings of human rights defenders and trade unionists in connection with the March 6 demonstrations against state and paramilitary human rights violations. We urge you to publicly and immediately adopt effective measures to stop this violence.

Over the course of one week, between March 4 and March 11, four trade unionists, some of whom were reportedly associated with the March 6 demonstration, were killed. Members of human rights organizations have also been subject to a large number of physical attacks and harassment. Their offices have also been broken into and equipment and files have been stolen.

In recent weeks a large number of human rights organizations, including la Asociación MINGA, the Colombian Commission of Jurists, Reiniciar, CODHES, the Movement of Victims of State Crimes (MOVICE), and Ruta Pacífica de Mujeres have received threats purportedly coming from the Black Eagles. One threat sent by email on March 11 specifically named twenty-eight human rights defenders. The threat, which was signed by the paramilitary group “Metropolitan Front of the Black Eagles in Bogotá,” accused the individuals of being guerrillas, referred explicitly to the March 6 demonstrations and stated that they would be killed promptly. The next day, another paramilitary email threat to various other groups announced a “total rearmament of paramilitary forces.” In addition to national human rights groups, the threats have targeted the international organization Peace Brigades International Colombia Project (PBI), the news magazine Semana, the Workers Central Union (CUT), indigenous organizations, and opposition politicians. A large number of additional recent instances of harassment, attacks and threats are currently being documented by national human rights groups.

This string of threats and attacks calls directly into question the effectiveness of the paramilitary demobilization process. Indeed, the Organization of American States has reported that twenty-two armed groups linked to the paramilitaries remain active around the country and has expressed “serious doubts about the effectiveness of demobilization and disarmament.”

We are especially concerned by the fact that the threats and attacks came shortly after a series of public accusations made by your presidential advisor, José Obdulio Gaviria, against the organizers of the March 6 protest. On February 10 and 11, on national radio, Mr. Gaviria suggested that the march’s organizers, including specifically Iván Cepeda (spokesman of MOVICE), were affiliated with the abusive guerrillas of the Revolutionary Armed Forces of Colombia (FARC). Your government issued statements on February 15 and March 14 promising to guarantee the rights of those participating in the March 6 protest. However neither statement deterred Mr. Gaviria from continuing his stream of accusations on February 17 and March 20. His latest statement, suggesting that Mr. Cepeda is essentially a member of the FARC, is particularly outrageous coming after the recent wave of attacks and threats.

Baseless comments such as these are profoundly damaging to Colombian democracy and human rights, and place those against whom they are made in direct danger of violence.  These statements stigmatize the legitimate work of thousands of human rights defenders, trade unionists, and victims, and can have a chilling effect on the exercise of rights to freedom of expression and free association.  And in a country like Colombia, with its record of political violence, statements like these only contribute to a climate of political intolerance that fosters violence.  Indeed, on February 11, the day after Mr. Gaviria first made the comments, the supposedly demobilized AUC paramilitary group released a statement on its website echoing Mr. Gaviria’s attacks on Mr. Cepeda and the victims’ movement.

It is precisely because prior administrations recognized the importance of respecting the work of human rights defenders and others, that Presidential Directive 7 of 1999 and Presidential Directive 7 of 2001 are now in place. Both directives order public servants “to abstain from questioning the legitimacy of… NGOs and their members… and to abstain from making false imputations or accusations that compromise the[ir] security, honor and good name…” Directive 7 of 1999 further clarifies that public servants must not “make affirmations that disqualify, harass or incite harassment of said organizations… [nor] emit … declarations that stigmatize the work of these organizations.”

We urge you to combat this wave of violence by:

1. Disavowing, in public and before national media, the statements made by Mr. Gaviria and others linking the March 6 protest organizers to guerillas; rejecting the recent wave of threats and attacks; reaffirming your government’s support for, and protection of, the legitimate work of human rights defenders and trade unionists; and ensuring that no further inflammatory remarks are made by members of your government;
2. Ensuring a prompt, impartial and comprehensive investigation into each of the recent killings, attacks and death threats. It is vital that those responsible for these attacks are held responsible. Any supposedly demobilized persons who participated in or ordered these crimes should be stripped of their paramilitary demobilization benefits, and you should take decisive action to dismantle paramilitary groups and break their links to state officials in accordance with United Nations recommendations;
3. Providing protective measures to those individuals named in the March 11 death threats, as well as to other persons who have been subject to attacks or threats, and personally holding meetings with victims, trade unionists, and human rights defenders who have been affected by the recent attacks to listen to their concerns.
   

Thank you for your attention to this urgent matter.

Sincerely,

Andrew Hudson
Human Rights Defenders Program
Human Rights First

José Miguel Vivanco
Americas Director
Human Rights Watch

Renata Rendón
Advocacy Director for the Americas
Amnesty International USA

Kenneth H. Bacon
President
Refugees International

John Arthur Nunes
President and CEO
Lutheran World Relief

Joy Olson
Executive Director
Gimena Sánchez-Garzoli
Senior Associate for Colombia and Haiti
Washington Office on Latin America

James R. Stormes, S.J.
Secretary, Social and International Ministries
Jesuit Conference

Lisa Haugaard
Executive Director
Latin America Working Group

Adam Isacson
Director of Programs
Center for International Policy

Stephen Coats
Executive Director
U.S. Labor Education in the Americas Project (USLEAP)

Robert Guitteau Jr.
Interim Director
US Office on Colombia

Heather Hanson
Director of Public Affairs
Mercy Corps

Mark Johnson
Executive Director
Fellowship of Reconciliation

Mark Harrison
Director, Peace with Justice
United Methodist Church, General Board of Church and Society

Monika Kalra Varma
Director
Robert F. Kennedy Memorial Center for Human Rights

Viviana Krsticevic
Executive Director
Center for Justice and International Law (CEJIL)

Joe Volk
Executive Secretary
Friends Committee on National Legislation

Melinda St. Louis
Executive Director
Witness for Peace

Atossa Soltani
Executive Director
Amazon Watch

Bert Lobe
Executive Director
Mennonite Central Committee

Rick Ufford-Chase
Executive Director
Presbyterian Peace Fellowship

Jim Vondracek
Managing Director
Chicago Religious Leadership Network on Latin America

Charo Mina-Rojas
AFRODES USA

T. Michael McNulty, SJ
Justice and Peace Director
Conference of Major Superiors of Men

Cristina Espinel
Director
Colombia Human Rights Committee, Washington DC

Phil Jones
Director
Church of the Brethren Witness/Washington Office

cc.
Vice President Francisco Santos
Vice President of the Republic of Colombia
Cra. 8 No. 7-57
Bogota
Colombia

Mr. Carlos Franco
Programa Presidencial de Derechos Humanos
Calle 7 No 6 – 54
Bogota D.C
Colombia

Mr. Thomas A. Shannon
Assistant Secretary of State for Western Hemisphere Affairs
2201 C Street, NW
Washington, DC 20520

Mr. David J. Kramer
Assistant Secretary of State for Democracy, Rights, and Labor
2201 C Street, NW
Washington, DC 20520

Ambassador William R. Brownfield
U.S. Ambassador to Colombia
U.S. Embassy in Colombia
Calle 24 Bis No. 48-50
Bogotá, D.C.
Colombia

Ambassador Carolina Barco
Ambassador of Colombia to the United States
Embassy of Colombia in the United States
2118 Leroy Place, NW
Washington, DC 20008

Click here to see a PDF version that includes footnotes.

"We share with you a firm commitment for U.S. policy to consolidate Colombia's democratic institutions, increase respect for human rights and strengthen the rule of law... We write to call your attention to increased reports alleging extrajudicial executions of civilians by members of the Colombian armed forces." Read the full letter here (PDF).

List of senators who signed the letter:

Chris Dodd (D-CT)
Russ Feingold (D-WI)
Barbara Boxer (D-CA)
Herb Kohl (D-WI)
Tom Harkin (D-IA)
Richard Durbin (D-IL)
Barbara Mikulski (D-MD)
Ted Kennedy (D-MA)
Bob Casey (D-PA)
Tim Johnson (D-SD)
Bernard Sanders (I-VT)
John Kerry (D-MA)
Sherrod Brown (D-OH)
Sheldon Whitehouse (D-RI)

At the end of last month, Senators Dodd (D-CT) and Feingold (D-WI) sent a “dear colleague” letter to Secretary of State Rice expressing concern over the increase in civilian killings by the Colombian Army in recent years. Click here to read the letter and here to see if your senators signed it. Many thanks to everyone who called in and wrote emails to their senators—sending a strong human rights message to Secretary Rice would not have been possible without our collective efforts!

The woman told me that Colombian soldiers had come and taken her husband from her house. Then they had tortured her husband all night in the field outside her house, close by. She and her children could hear the screams while the soldiers kept them barricaded inside. Finally, in the morning, it was over. The soldiers came and borrowed her broom to clean up the scene of the crime.

The young man, trembling, said the soldiers came into his house and took his father. They tied his hands and feet and sat him down in a chair. Then they killed him in front of the whole family.

The four young people, exhausted and crying, told me how their father had been taken from their home by hooded men. He was accused of being a guerrilla leader, but instead of being just detained, he was killed in captivity. The army said he was killed in combat. The young people traveled all over the province looking for him. When they finally found the cemetery where he was supposed to be buried, they had to dig him up themselves. They were scared. Now they were marked as children of a guerrilla leader in a militarized zone with no rule of law.

The woman told me her son had witnessed a soldier killing someone in their small rural community. Then her son, accompanied by her husband, went to testify about this in front of a military lawyer or judge who was located in the military base. Later, her son and husband were killed—according to the woman, again by soldiers.

These were the stories I heard, again and again, as I participated in an international observation mission on killings of civilians by the Colombian army. A coalition of Colombian human rights groups, led by Coordinación Colombia Europa Estados Unidos, arranged for us in October, in Bogotá, Antioquia and Valledupar, to hear witnesses and family members in over 130 cases of killings of civilians by the Colombian army.

Many of the cases involved people who were detained in their homes or workplaces by soldiers, often groups of soldiers. The families then went looking for them, asking at the military base. They were told, “We don’t have your family member, but here is this guerrilla killed in combat.” The body would be dressed in guerrilla clothing, often presented with a gun and transistor radio. The family members said their relative was taken away in civilian clothing.

Our observer mission found that most of these cases remain in the military justice system, where they go nowhere. By Colombian law, human rights violations, as opposed to disciplinary violations, should be investigated by civilian justice agencies and tried in civilian courts. There was some limited progress in moving these cases to the civilian system, but not much, and very few resulted in convictions. But most disturbingly, these incidents are increasing in number. See a joint memo on extrajudicial killings by LAWGEF, USOC, WOLA, CIP, and Coordinacion.

After listening to the witnesses, we met with high-level government officials from the justice system and Ministry of Defense. We then held a press conference in Bogotá for the press and diplomatic community.

The following week, working with the U.S. Office on Colombia and the Washington Office on Latin America, we brought two of the Colombian human rights lawyers who had organized the mission to talk to policymakers in Washington. We met with the State Department and key committees in Congress, as well as the press. Partly as a result of these concerns, Congress decided to continue its hold on $55 million in military aid. This is the aid from 2006 that is subject to the human rights conditions in law; the State Department has not yet certified that Colombia meets the human rights conditions for 2007. This means, as Colombian daily El Tiempo put it, that $110 million in U.S. military aid for Colombia is “in the freezer.” While it remains on hold, the State Department and Embassy are obliged to raise with the Colombian government these human rights concerns and ask them to ensure all cases go to civilian courts—and to stop these killings.