E/CN.4/1995/111
page 38
127. While the Special Rapporteurs acknowledge that effective protection of
all those at risk of human rights violations is extremely resource-intensive,
they are obliged to recommend that substantially increased measures of
protection be afforded to certain vulnerable sectors, such as threatened human
rights groups, displaced persons, street children, trade unionists and
indigenous groups. Those at risk should be consulted with a view to
determining the most appropriate measures for each case. Such measures could
include the extension of existing witness protection programmes or the
financing of security personnel selected by the person under threat. The
Special Rapporteurs believe that foreign resources already available should be
used in this area. In the case of persons who have received threats,
especially death threats, in addition to the measures of protection a proper
investigation should be carried out in order to determine the origin of the
threats and to initiate proceedings against their authors, in compliance with
the pertinent international instruments.
128. The Special Rapporteurs acknowledge that if peace could be achieved, this
would create the most favourable circumstances for improving the human rights
situation in Colombia. They therefore urge all the parties to the armed
conflict seriously to seek and negotiate a peaceful solution to the conflict
and, to the extent that the parties would find this helpful, suggest that the
United Nations would be willing to assist in this process. No such peace
agreement should create obstacles to providing justice for the victims of
human rights violations within the mandates of the Special Rapporteurs.
Adequate provision should be made for the protection of all those who have
laid down their arms and are willing to reinsert themselves into civilian life
and, particularly, for former combatants who organize themselves in political
movements to participate in the democratic process without fear of suffering
reprisals.
129. The recent decision by Congress to ratify Protocol II additional to the
four Geneva Conventions of 12 August 1949 has assumed a symbolic significance
in efforts to humanize the armed conflict between governmental forces and
insurgent groups. The Special Rapporteurs welcome this step and appeal to all
parties to the conflict to comply with the provisions of that Protocol,
including those prohibiting acts within the mandates of the Special
Rapporteurs.
130. The Special Rapporteurs also appeal to the authorities to adopt measures
to protect those at risk of "social cleansing" killings, in particular street
children. Such measures could include assistance and education programmes, as
well as support for initiatives taken by the marginalized sectors themselves.
131. The level of violence, both politically motivated and due to common
crime, has risen steadily in the recent past and has reached alarming
proportions, despite legislative reforms and other initiatives taken by the
successive administrations. The vast majority of recommendations made by the
representatives of various United Nations human rights mechanisms that visited
Colombia in 1987, 1988 and 1989 have not been implemented. Military
jurisdiction over human rights violations committed by members of the armed
forces continues. The current Government recognizes the gravity of the human
rights situation, has identified its causes, in particular impunity, and has
repeatedly expressed its willingness to take radical measures to redress the
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