Institute Holds the Colombian State Responsible for the Assassination of Bernardo Cuero, leader from the National Association of Displaced Afro-Colombians: Another Leader the National Protection Unit Has Failed to Protect

Institute Holds the Colombian State Responsible for the Assassination of Bernardo Cuero, leader from the National Association of Displaced Afro-Colombians: Another Leader the National Protection Unit Has Failed to Protect

The International Institute on Race, Equality and Human Rights profoundly laments, denounces and repudiates the assassination on June 7 of Bernardo Cuero, Afro-Colombian leader and member of the governing board of the National Association of Displaced Afro-Colombians (AFRODES).

Bernardo’s critical security situation, itself a result of his and his family’s displacement due to violence associated with the armed conflict, had been documented and denounced at the national and international levels. In October 2013, he appeared in a public hearing before the Inter-American Commission on Human Rights (IACHR) to report on his own security situation and those of other AFRODES members. At the hearing, Bernardo spoke of his own case, saying, “despite the denouncement of each occurrence, there are no investigations or findings for any of them.” He also spoke of his role as an Afro-Colombian human rights defender and its relation to the security threats he received, adding: “To demand respect for our right to conduct our advocacy work on behalf of our communities cannot be a reason to condemn us and our families to death.” In fact, after the hearing, threats and attacks increased against him, as well as against Erlendy Cuero Bravo, Vice-President of AFRODES. More recently, in March, in a public hearing before the Commission requested by the Colombian state to discuss the topic of threats against social leaders, the Institute again denounced the critical security situation of AFRODES leaders, including Bernardo, for whom the state had continued to deny protection measures. The failure to provide this necessary protection places the responsibility for Bernardo’s death on the state of Colombia.

In this heinous attack, the assailants tracked Bernardo to his home in Malambo, in the Department of Atlántico. All the details of the attack have yet to be made public, but one thing remains clear: the Colombian state systematically denied Bernardo adequate protection measures, despite the numerous requests made after several threats and attempts on his life. As in the cases of other social leaders, the results of the risk assessment found—absurdly—that the level of risk he faced was “ordinary.” The “risk assessment” process has been a failure and it has failed one more leader. Bernardo had said—as other leaders facing similar situations had said as well—that the only way the Colombian state would recognize that an extraordinary risk existed would be if “they killed you.”

With this most recent assassination of an AFRODES member, the Institute demands that the Colombian state undertake an immediate investigation of the crime and provide reparations and protection for Bernardo’s family. Moreover, the state must immediately provide protective measures to all AFRODES members and accept responsibility for its failure to act in Bernardo’s case and those of his colleagues.

The Institute also calls on international human rights institutions and members of the international community who support peacebuilding efforts in Colombia to forcefully urge the Colombian state to investigate the crime against Bernardo and to immediately grant the necessary individual and collective protective measures to AFRODES and other organizations representing Colombia’s ethnic communities.

Lastly, we urgently request that the Colombian state comply with Precautionary Measure 658-16 granted to Erlendy Cuero Bravo, Vice-President of AFRODES. At the same time, we urge the Inter-American Commission on Human Rights, the UN Special Procedures and the Committee for the Elimination of Racial Discrimination to continue to monitor and act in favor of the protection of human rights defenders in Colombia, given that the state of Colombia and its institutions, through indifference and failure to act in the face of attacks and assassinations of Afro-Colombians, have been unable to protect those who defend their people’s territory, world view, and human rights.

Afro-Colombian Day 2017: A Worsening of Structural Exclusion and Violence

As it did last May 21, the Institute on Race, Equality and Human Rights reiterates its support for this year’s Afro-Colombian Day and the millions of Afro-Colombian men and women who continue to overcome adversity and exclusion in their struggle for liberation. We offer our most sincere solidarity with and support for Afro-Colombian communities and organizations, victims of the armed conflict that, despite not being sufficiently included in the implementation of the Peace Accords, have continued to propose peacebuilding initiatives for a sustainable peace that includes social justice for all Colombians.

On this Afro-Colombian Day 2017, the situation of the Afro-Colombian communities most excluded and affected by the armed conflict shows disconcerting similarities to that of the end of the 1990s when the conflict struck Colombia’s Pacific region: violence, displacement and a restriction of rights in the Bajo Atrato communities, repression against Afro-Colombians’ peaceful demonstrations in Buenaventura, indifference toward the general strike in Quibdó, and assassinations of leaders throughout the region. To this must also be added the precarious material situation, reflected in their lower scores on quality of life indicators, in which Afro-Colombians continue their daily struggles. The demands of Afro-Colombian communities, which for two decades have denounced a genocide in progress, increasingly appear not only justified but urgent.

Throughout last year, despite the persistence of structural problems and the inadequate response of Colombian authorities to them, hope endured. The exclusion of Afro-Colombian communities from the peace negotiations was partially corrected by the inclusion of the Ethnic Chapter in the Peace Accords. At the time we celebrated this achievement, understanding that the chapter ensured the commitment of the Colombian government to safeguard the constitutional rights of ethnic communities in all legislative and administrative acts related to the Accords’ implementation through Afro-Colombian and indigenous communities’ free and informed prior consent.

Following the signing of the final Accords, despite the impasse caused by the “no” vote in the national referendum, dialogue between the two negotiating parties (the government and the FARC) and Afro-Colombian representatives such as the National Afro-Colombian Peace Council (CONPA), one of the organizations responsible for the inclusion of the Ethnic Chapter, initiated a favorable trajectory. Despite this positive start, the reality we confront on this year’s Afro-Colombian Day is, at best, a disappointing one.

Afro-Colombian groups have publicly stated that their rights to prior consent have not been respected, resulting in their exclusion from the legislative process thus far. Even more concerning, Colombian President Juan Manuel Santos has made alarming and dangerous statements about the mechanism for ethnic groups’ participations, saying that “prior consent has become a headache for us.” These types of statements not only distort the importance of the right to prior consent, they reinforce the hostile arguments used against ethnic communities, arguments which at times have fueled the violence perpetrated against these communities and their leaders by the country’s armed groups.

While statements such as these have been disappointing, even more disheartening has been the combination of indifference and repression used by the government to stymie the general strike and demonstrations in Quibdó and Buenaventura. In these two cities, both emblematic of the Afro-Colombian people, citizens have been mobilizing peacefully for the last week. Motivated by the continued failure of the Colombian government to follow through on its commitment to help residents there, these communities have risen up peacefully against their government’s indifference, obfuscation and violent repression.

The Institute calls on the Colombian government to take real steps to address the proposals being put forth by the communities of Quibdó and Buenaventura, as well as those made by CONPA (read in full the Press Release). These proposals provide the necessary guidance to overcome the structural causes of exclusion and violence against Afro-Colombian communities. It is our hope that for Afro-Colombian Day 2018 we can give a more positive account of the situation of Afro-Colombians and recognize not only the work of Afro-Colombian communities and organizations, but also the positive response of the Colombian government to the present critical situation.

Call for Latin American Countries – External Evaluation of the Institute’s work on supporting Afro-descendant Civil Society

Kindly note that this is a call for a Spanish-speaking applicants to conduct the evaluation.

Términos Referencia

Evaluación externa del trabajo del Instituto Internacional sobre Raza, Igualdad y Derechos Humanos para apoyar a la sociedad civil afrodescendiente en la investigación y producción de reportes sobre las disparidades raciales en el mercado laboral

Introducción

Los afrodescendientes continúan enfrentando obstáculos significativos para el goce efectivo de los derechos humanos. Muchos de estos obstáculos son el resultado de la discriminación étnica y racial que persiste, incluyendo la discriminación que enfrenta en su vida laboral. Los afrodescendientes trabajan en oficios más difíciles y precarios, y reciben menores ingresos que la población blanca. Pero también tienen menor acceso a los sectores más lucrativos de la economía.

El Instituto Internacional sobre Raza, Igualdad y Derechos Humanos ha venido trabajando por varios años abordando el tema de la discriminación por motivos de raza, etnicidad, género, orientación sexual e identidad de género. Su trabajo se ha orientado a fortalecer las capacidades de actores de la sociedad civil para visibilizar las problemáticas de discriminación e incidir sobre los mecanismos internacionales de derechos humanos de tal forma que estos ejerzan presión sobre los gobiernos de la región para que trabajen para lograr una mayor igualdad para las poblaciones vulnerables.

Propósito y alcance de la evaluación

El Instituto está interesado en realizar una evaluación independiente para valorar el impacto de su proyecto que buscaba apoyar a los activistas afrodescendientes en la realización de investigaciones sobre las disparidades en el mercado laboral. El objetivo fundamental de la evaluación es brindar una valoración que identifique los logros, las contribuciones del Instituto para generar cambios positivos, las oportunidades desaprovechadas y los retos del proyecto. Esta valoración deberá servir para mejorar trabajos futuros en el tema del proyecto y otros tópicos relacionados con el. Desde esta perspectiva, la audiencia primaria de la evaluación será el Instituto, su Director Ejecutivo y el equipo de trabajo.

La evaluación deberá abordar las siguientes arreas clave del proyecto:

  • Resultados e impacto
  • Relevancia
  • Efectividad para alcanzar los objetivos
  • Procesos internos y administración del proyecto
  • Inclusión de la perspectiva inter-seccional (género y LGBT)

El reporte final deberá incluir recomendaciones para la construcción de modelos exitosos, lecciones aprendidas así como sugerencias para superar cualquier limitación en el trabajo actual y futuro del Instituto.

Metodología

Para esta evaluación se recomienda preferiblemente la aplicación de métodos cualitativos que hagan uso de diversas técnicas de recolección de datos. Esta aproximación puede incluir revisión con base en documentación de las investigaciones y acciones de incidencia ejecutadas, un análisis de la cronología de las actividades del proyecto así como de sus productos y resultados, análisis de la correspondencia electrónica, entrevistas como con participantes del proyecto y actores externos relevantes, cuestionarios escritos, revisión de reportes y documentación asociada al proyecto, incluyendo artículos publicados en medios de comunicación y comunicados de prensa. Durante la evaluación, se espera que el evaluador se involucre con varios actores internos y externos al proyecto; esto incluye pero no se limita a:

  • Equipo de trabajo del Instituto, incluyendo su Director Ejecutivo, el Oficial de Programa a cargo del proyecto, el Asistente de Programa.
  • Participantes del proyecto.
  • Conferencistas y capacitadores que participaron en las actividades del proyecto.
  • Actores de la sociedad civil de la región que participaron en actividades del proyecto.
  • Personal de instituciones internacionales de derechos humanos, incluyendo la Comisión Interamericana de Derechos Humanos y las Naciones Unidas.

La lista final de actores que deberán consultarse para la evaluación será definida conjuntamente entre el Instituto y el evaluador seleccionado.

El Instituto realizará una preselección de posibles evaluadores (lista corta) a los que solicitará: una breve descripción de la metodología que usarían para la evaluación, propuesta económica, y un borrador de plan de trabajo con cronograma específico. El evaluador seleccionado trabajaría en colaboración con el equipo del Instituto para refinar la metodología y desarrollar un plan de evaluación detallado. Durante las fases de investigación y análisis de la evaluación, el consultor trabajara en forma independiente.

Productos principales

Los productos principales que el evaluador deberá entregar son:

  • Una metodología de evaluación detallada y un plan de evaluación
  • Una presentación breve con los hallazgos iniciales de la evaluación.
  • Un documento preliminar de reporte final para ofrecer comentarios
  • Un reporte final de la evaluación (máximo 20 páginas)

Marco temporal tentativo y proceso de selección

El Instituto espera que la evaluación se inicie el 1 de junio de y termine el 31 de junio de 2017. Dentro de este periodo calendario de tiempo, se espera que evaluador realice la evaluación en 20 días laborales. Las fechas exactas se concertaran con el evaluador seleccionado.

El Instituto está interesado en recibir aplicaciones del mayor número posible de evaluadores. Las aplicaciones deben incluir;

  • Una carta que presente al evaluador y destaque sus habilidades y competencias para esta evaluación.
  • Documento con: descripción breve del proceso de evaluación propuesto que incluya la metodología, el plan de evaluación, y propuesta económica
  • Hoja de vida resumida.
  • Un ejemplo de una evaluación previa que haya realizado, preferiblemente una en que haya usado metodologías relevantes para la presente evaluación.

Las aplicaciones deben remitirse a  jobs@raceandeqaulity.org  hasta el 26 de mayo de 2017.

The Institute Participates in IACHR Thematic Hearing on “Investigating Attacks on Human Rights Defenders in Colombia”

On March 21, the thematic hearing “Investigating Attacks on Human Rights Defenders in Colombia” was held at the Inter-American Commission on Human Rights (IACHR). Through its representative for Colombia, Pedro L. Cortes-Ruiz, the International Institute on Race, Equality and Human Rights participated in the hearing as petitioner, together with representatives of the Marcha Patriótica and a collective of human rights organizations represented by the Corporación para la Defensa y Promoción de los Derechos Humanos Reiniciar.

The hearing was requested by the Colombian government. In its presentation, led by Assistant Attorney General María Paulina Riveros, the government offered an assessment of the adjustments being implemented by the Office of the Attorney General to improve investigations into attacks on human rights defenders and strengthen protection and prevention mechanisms. The government also requested the assistance of the IACHR in developing directives to improve institutional responsiveness in this area.

In the remarks to the Commission by its representative, the Institute expressed its positive assessment of the efforts to improve investigations of attacks. Nevertheless, it conveyed its concern that such efforts “do not adequately include a differentiated approach that recognizes the particular characteristics and impacts involved in the risk situations and rights violations suffered by Afro-Colombian and LGBTI community leaders.”

The Institute also shared the concerns of several partner organizations from Colombia, including those of the Asociación Nacional de Afrocolombianos Desplazados (AFRODES). The first concern shared was in regard to the National Protection Unit, the institution responsible for providing protective measures for human rights defenders at risk. Cases continue to occur wherein leaders who have been victims of attacks are not granted protective measures because, according to official evaluations, their risk situation has been classified as “ordinary.” Even in the case of Erlendy Cuero, Vice-President of AFRODES, for whom the IACHR has requested precautionary measures, the government has failed to work with her to implement protective measures because it “insists that she must undertake for the sixth time the administrative process for a risk-assessment.”

The Institute also highlighted the need for the Colombian government to reevaluate institutional processes regarding collective protection measures, reminding the Commission that on two prior occasions before the IACHR the government has declared its commitment to do so, but that has as of yet it has failed to take any action on the matter.

The concerns of the Colombian LGBTI community as conveyed to the Institute by its partners at Caribe Afirmativo were also expressed to the Commission; namely, that in the face of an increasing number of murders and attacks on the LGBTI community, the government has yet to implement the necessary changes to its protection programs recommended by the Commission in 2014.

The Institute’s assessment concluded by relating to the IACHR the message of the Diocese of Quibdó, which included follow-up information on issues and recommendations related to the human rights violations against communities and organizations in Colombia’s Pacific coast region.

Lastly, the Institute offered three specific recommendations to the Commission.

  • That the Commission recommend to the Colombian government that it revise and update the norms and programs for the inclusion of collective protection measures in its provision of protections for Afro-Colombian leaders.
  • That the Commission recommend to the Colombian government to fulfill its commitment expressed to the Commission to refrain from requiring new risk assessments for persons for whom the IACHR has requested precautionary measures.
  • That the Commission urge the Colombian government to act on the Commission’s recommendation from 2014 to modify Decree 4912 of 2011 in order to include LGBTI leaders as persons warranting protection for risks associated with their work regardless of their status as members of a formal human rights organization.

The intervention made by the representative of the Marcha Patriótica offered a critical assessment of the institutional responses regarding investigations and protection of its members, who have been systematically attacked and murdered. A serious concern was expressed for members’ stigmatization and criminalization, which at times has even come from high-level government representatives. It was also announced that the organization would soon make a formal petition to the IACHR for precautionary measures.

The intervention made by Reiniciar focused on questioning the government’s failure to recognize the systematic nature of threats against and murders of human rights defenders, which have increased in intensity of the past fourteen months.

The comments made by the Commissioners following the remarks by the state and the petitioners included a recognition of the usefulness of considering the Institute’s insistence that a differential approach be incorporated in the institutional improvements being made to better protect LGBTI and Afro-Colombian leaders. The Colombian government also publicly expressed its commitment to implementing this recommendation.

Photo by: Daniel Cima/CIDH used unaltered, under creative commons license cc by 2.0. To access the image from its original source, please click here

Inter-American Commission on Human Rights Grants Precautionary Measures to Afro-Colombian Leader Erlendy Cuero Bravo

Washington, DC | December 21, 2016 The Inter-American Commission on Human Rights granted precautionary measures to Erlendy Cuero Bravo, Vice-President of the Association of Internally-Displaced Afro-Colombians (AFRODES) on December 6, 2016. The International Institute on Race, Equality and Human Rights acted as Ms. Cuero Bravo’s legal representative before the Commission, arguing that Colombia is failing to adequately protect her against threats, harassment, and attempts on her life, all related to her work as a human rights defender.

Ms. Cuero Bravo, who advocates on behalf of Afro-Colombian communities in Cali displaced by Colombia’s decades-long internal armed conflict, has survived several assassination attempts. Since 2008, she has received multiple threats signed by known armed paramilitary and criminal groups. Despite repeatedly informing Colombian State agencies charged with protecting human rights defenders about her security situation, Ms. Cuero Bravo has received inadequate protection. The National Protection Unit has either not responded to Ms. Cuero Bravo’s requests for help or has qualified her risk level as “ordinary” on several different occasions.

The security risks Ms. Cuero Bravo faces as a human rights defender in Colombia are unfortunately not unique. As of November 30, 2016, the Office of the United Nations High Commission for Human Rights in Colombia reported 35 assassination attempts and 52 murders of human rights defenders in the country. Likewise, earlier in November, the Inter-American Commission on Human Rights issued a press release in which it condemned the increase in killings of human rights defenders in Colombia, and noted special concern for the vulnerability of Afro-Colombian leaders.

In its resolution, which references this broader context of violence, the Inter-American Commission found that Ms. Cuero Bravo’s situation satisfies prima facie the elements of seriousness, urgency, and risk of irreparable harm necessary to grant precautionary measures. The Commission requests that Colombia take all measures necessary to protect the life and personal security of Ms. Cuero Bravo, and to allow her to continue her work as a human rights defender free of intimidation, threats, and harassment.

“We are pleased that the Inter-American Commission on Human Rights has recognized the risks Erlendy is facing to carry out her work as a community leader for some of Colombia’s most vulnerable citizens, when the State failed to do so,” stated Institute Executive Director Carlos Quesada. “Colombia must now comply with the Commission’s request for protective measures.”

The Institute will continue to work partner organization AFRODES and Ms. Cuero Bravo to ensure compliance with the Commission’s resolution in her favor.

Vice-President of AFRODES Colombia Participates as Expert Panelist at 2016 UN Forum on Minority Issues

Bogotá, December 7, 2016. The Vice-President of the National Association of Displaced Afro-Colombians (AFRODES), Erlendy Cuero, participated in the United Nations Forum on Minority Issues, held in Geneva, Switzerland, November 22-24, 2016. Specifically, Erlendy participated in two of the Forum’s sessions: she was part of a meeting of experts who reviewed the Special Rapporteur’s recommendations, which will be published in 2017, and she was a panelist for the session on “Protecting Minority Rights as a Means of Preventing and Mitigating the Impact of Humanitarian Crises on Minorities.” The Institute on Race, Equality and Human Rights provided Erlendy technical assistance during her participation. At the conclusion of the Forum, the Special Rapporteur on minority issues recognized Erlendy for her contributions.

The topic of this year’s Forum was “Minorities in Situations of Humanitarian Crises.” Experts from the world over participated, as well as numerous non-governmental organizations from countries in which ethnic, religious, and sexual minorities have experienced violence and exclusion as a result of humanitarian crises. Diplomatic representatives from the Permanent Missions of UN Member States were also present.

Erlendy’s participation in this global event was especially significant, as she was the only expert panelist who was also a direct victim of an armed conflict, which has produced one of the most serious humanitarian crises in the world. Through this experience, Erlendy was able to offer a unique perspective to the Forum and make relevant contributions for the overall outcome of the event. In her remarks as a panelist, Erlendy offered key lessons derived from her personal experience both as a victim and as a community leader of a minority group profoundly affected by a humanitarian crisis. Among those lessons, it’s worth highlighting:

The importance of strengthening the organizational autonomy of minority groups in order to prevent and mitigate the impacts of a humanitarian crisis. Based on the Colombian experience, Erlendy presented a critical assessment of the insufficient emphasis that States and international organizations have placed on strengthening grassroots organizations. Their current approach does not necessarily guarantee the protection of minority rights. The Colombian example is emblematic in this sense: it has an extremely robust normative and institutional framework aimed at protecting ethnic minorities, but the implementation of this framework has not led to the protection and restauration of the country’s minorities’ rights in practice.

The lack of effective implementation of a differential approach for minorities, both before and during the humanitarian crisis caused by the Colombian armed conflict, has led to the profound deterioration of victimized Afro-Colombian communities. The rhetorical adoption of differential approaches sensitive to the needs of minorities – and the impact the armed conflict has had on them – is not sufficient. Adequate and appropriate resources designated for the implementation of these approaches must be earmarked.

The protection of minority women, especially in the face of sexual violence, must be the number one priority when addressing humanitarian crises associated with armed conflicts. In the case of Colombia, what had already been widely observed has been verified: sexual violence against women is used strategically as a weapon of war by all armed actors. In the Colombian case, and despite progress in adopting general measures, protective protocols and services that take into account the specific needs of Afro-Colombian and indigenous women who have been victims of sexual violence are still lacking.

Exclusionary economic and political development models have been at the root of the conflicts that have produced humanitarian crises which most impact minorities. As in the Colombian case, exclusionary economic models, designed to exploit the resources of the territories in which minority groups live, have in turn marginalized those groups, without addressing difficult living conditions. Humanitarian crises deepen this marginalization. It is therefore necessary to transform these economic models to ensure the sustainable restoration of rights that have been violated.

In her conclusion, Erlendy shared the expectations and proposals that Afro-Colombian communities have regarding a possible end to the armed conflict in Colombia. She reiterated that strengthening institutions, guided by international standards such as those in the recommendations of the Forum, will be effective only to the degree that these institutions help communities achieve effective participation in all aspects of public policies aimed at restoring rights.

The Institute on Race, Equality and Human Rights fully supports the analysis and recommendations made by Erlendy in the Forum. We will continue to support the activities that AFRODES is developing to strengthen its capacity to participate in advocacy processes at the national and international levels. We will follow up on the incorporation of Erlendy’s contributions in the final recommendations that the Special Rapporteur on minority issues will present to the United Nations General Assembly.

Displaced Afro-Colombian community in Cali holds meeting to analyze the situation of the peace process in Colombia.

Bogota, November 1, 2016.  On October 28, the National Association of Displaced Afro-Colombians (AFRODES), with support from the Institute on Race, Equality and Human Rights (IREHR) held a meeting with 50 members of the internally displaced Afro-Colombian community in Cali, including several leaders of organizations representing displaced persons. The name of the meeting was Workshop/Dialogue – Afro-Colombians Displaced in Cali: Facing the Current Peace Process Situation. The event included participation of representatives of the office for consultation of the peace process of the Cali Mayor’s Office. Pedro L. Cortés-Ruiz, the Colombian Consultant and Representative of IREHR in Colombia, coordinated the event with the support of Erlendy Cuero, Vice-President of AFRODES.

The goal of the event was to promote a dialogue to help organizations deepen their analysis of and reflections on the current status of the peace process under negotiation between the Colombian government and the FARC paramilitary, as well to better understand the implications of the current scenario for displaced Afro-Colombian communities in Cali. Given the high level of uncertainty about the future of the peace process, and in light of the unfavorable outcome of the national plebiscite on the agreements, the event reinforced the commitment of AFRODES to maintain a proactive stance towards peacebuilding. This is especially important given that the “ethnic chapter” included in the agreements – the result of advocacy efforts in which AFRODES actively participated – is an achievement whose legitimacy must be maintained in any modifications made to the accords.

The event was very productive in at least three aspects: (1) it deepened educational actions regarding the accords directed toward community members who have not had an opportunity to learn about their content; (2) it helped to identify and analyze the content and mechanisms proposed in the accords that will specifically affect Afro-Colombian communities displaced in urban centers such as Cali; and (3) it helped identify advocacy priorities to be adopted and implemented by organizations of displaced Afro-Colombians in Cali, and helped them prepare for participation in the implementation process of the accords once the process of “renegotiation” concludes.

Regarding the educational aspect of the event, it is worth noting that although support for the implementation of the accords, especially the ethnic chapter, was confirmed, it was also made evident that large sectors of the displaced Afro-Colombian population do not have a sufficient understanding of the structure and content of the accords. A very valuable contribution to the dialogue came from the spontaneous participation of younger members of the group who expressed their more critical stance regarding the peace process, including criticism of some elements of the accords which have come under scrutiny throughout the nation.

As for the group’s collective analysis of the content and mechanisms proposed by the accords, the event concentrated on the Victims’ Accords – the Integrated System for Truth, Justice, Reparation and Non-Repetition. The reason for this emphasis is that the Victims’ Accord most directly affects the situation of displaced Afro-Colombians. Unfortunately, the accords’ lack of an adequate ethnic differential approach (with the exception of the ethnic chapter) is reflected in the invisibility faced by this subsection of the population, which represents the largest collective group of victims. In reviewing and discussing each element of this Accord, the group was able to identify the aspects critical to ensure that the implementation of the Victims’ Accord results in the restitution of their rights.

Finally, the event also allowed the group to identify advocacy priorities in anticipation of their participation in the implementation process of the Accords. In this sense, it was very positive to have the participation of representatives of the Mayor’s Office of Cali, who expressed agreement that civil society organizations must have a central role in these processes. For their part, the event’s participants offered analyses that accurately identified particular characteristics of the reality of displaced Afro-Colombian communities Cali which to date had not been included in public discussions on the peace process and the accords.

In its assessment of the event, IREDH confirms the need to further strengthen spaces for collective discussion and analysis by the communities most affected by the armed conflict. When imagining what form the implementation of the accords may take, we believe that strengthening the capacity of the displaced Afro-Colombian community to participate in the process is a necessary condition to ensure State institutions effectively guarantee their human rights within Colombian society.

For more information, please contact:

Pedro L. Cortes-Ruiz

Representative/Consultant for Colombia

Institute on Race, Equality and Human Rights

Cortes@oldrace.wp

The Institute on Race, Equality and Human Rights releases a new publication with analysis on the Colombian peace process and the situation of Afro-Colombian populations

Bogotá, October 14, 2016. The Colombian office of the Institute on Race, Equality and Human Rights (IREHR) is pleased to publically release its first policy paper on Afro-Colombians and the post-accords, titled “Afrocolombianos, Afrocolombianas y Post-Acuerdo: Análisis de condiciones para la adopción de un enfoque diferencial étnico-afrocolombiano.” This paper aims to analyze the necessary conditions in the post-accord environment for the implementation of a differential ethnic approach to peace for Afro-Colombians.

The analyses presented in this report were carefully constructed prior to the results of the national plebiscite on October 2, 2016, whose unfavorable results halted the implementations of the final Peace Accords between the Colombian government and the FARC guerrilla forces. Despite the fact that regions with majority ethnic populations voted largely in favor of the final Peace Accords, the final results at the national level rejected the accords by a minimal margin (YES – 49.76%, NO – 50.23%). This result has suspended the peace process and the implementation of the accords. At this moment, social processes and institutions are being put in place with the aim of preserving the existing bilateral ceasefire and to finding alternatives to “renegotiate” the final accords. It is within this context that ethnic organizations and communities are making great efforts to safeguard the progress achieved so far in the Peace Accords, particularly in regards to the “ethnic chapter” incorporated in to the accords.

Despite the situation of uncertainty, the analysis of the accords presented in this document remain valid and will continue to be a relevant guide for action in the new and developing circumstances surrounding the peace process. For this reaseon, the document will make an important contribution to the efforts to understand the necessary conditions in the post-accord scenario that will ensure the restitution and protection of the rights of Afro-Colombian communities most affected by the armed conflict.

Vote Against the Peace Accords Reinforces the Need to Support Colombia’s Ethnic Communities Who Voted Yes

Bogota, October 3, 2016. Given the result of the nationwide plebiscite rejecting the Peace Accords, the Institute on Race, Equality and Human Rights urges continued support for Colombian ethnic communities’ peacebuilding efforts. Although at the national level the NO vote received 50.23%, minimally edging the YES vote’s 49.76%, in the regions most affected by the conflict and inhabited mostly by ethnic groups the majority of the population voted in favor of the implementation of the Accords. The initial reactions of ethnic communities’ organizations and coalitions who have supported the peace negotiations and achieved the inclusion of an “ethnic chapter” in the Accords have been to express their continued commitment to support a negotiated end to the conflict.

There now exists a high level of uncertainty about what will happen to the peace process. Despite this, both the government and the FARC have publically affirmed their commitment to maintain the bilateral ceasefire. Moreover, political leaders who opposed the Accords have called for the construction of a “Grand National Pact.” The renegotiation of the Accords appears to be the most likely option moving forward.

In this scenario, where would the ethnic communities find themselves? Most concerning would be that the guarantees for respect for ethnic communities’ rights achieved thus far through the inclusion of the “ethnic chapter” find themselves in serious jeopardy, given that, for now, their implementation will not be carried out as planned. Moreover, although both sides have expressed a commitment to maintain the ceasefire, the vulnerability of ethnic communities to violence carried out by other armed actors continues to be a cause for serious concern. This applies to ethnic communities in rural areas as well as to those who have been internally displaced to marginalized urban areas. The rejection of the Accords fosters a political climate that, unfortunately, does not help the country move toward becoming a society where conflicts are resolved without violence.

The international community, especially the Inter-American System of Human Rights and the human rights bodies of the United Nations, but also national and international human rights organizations, should be attentive in monitoring Colombian ethnic communities’ human rights situation. Moreover, they should provide the necessary support to ethnic communities’ organizations so that they may help ensure that the guarantees achieved through the “ethnic chapter” are respected during the possible renegotiation process. This backing should also include support for ethnic communities’ effective participation in upcoming political processes regarding the Accords.

The Institute on Race, Equality and Human Rights and the Washington Office on Latin America Denounce the Threats and Attacks Against the Leaders of the Colombian Organization AFRODES

The Institute on Race, Equality and Human Rights and the Washington Office on Latin America (WOLA) condemn the threats and attacks against the lives of several members (and their families) of the National Association of Displaced Afro-Colombians (AFRODES), a nationwide umbrella organization that defends the rights of Afro-Colombians displaced as a result of the Colombian armed conflict. We urge the Colombian government to adopt the necessary protective measures to guarantee these leaders’ rights to life, physical safety and political participation. In Colombia, the signing of the Peace Accords is approaching, which through its “ethnic chapter” will obligate the State to adopt specific measures to guarantee the rights of the country’s ethnic groups. The governments of Colombia and the United States should support and help reinforce measures to protect Afro-Colombian leaders and organizations.

Since the organization’s creation in 1999, members of AFRODES have seen their rights systematically violated. The constant threats received by AFRODES members have seriously undermined their organizing work. Several of the organization’s leaders have been killed or victims of assassination attempts. Recently, leaders of organizations associated with AFRODES Cali and their family members have been victims of threats and attacks. In some cases, formal petitions for protection measures made to the Colombian government have been rejected based on risk-assessment evaluations that incomprehensibly establish that these leaders face only “ordinary risks.” Of all AFRODES members facing clear risks, only a very few have been granted protection measures.

The most recent threats and attacks against AFORDES Cali’s leaders and their families include the following occurrences:

  • On September 10, 2016, the son of the leader Stela Alomia was wounded by gunshot and is currently in critical condition. This occurred when the victim went to check on the state of his home (located in the Barrio Taller sector of Potrero Grande), which the victim and his family were forced to abandon in December 2015 after numerous threats and an attack against a different son of Stela. The visit was made in order to avoid losing a housing subsidy for having “abandoned” the property.
  • Erlendy Cuero, Vice-President of AFRODES, continues to receive telephoned threats to assassinate her and one of her children. These threats have continued to intensify since 2013, when she participated in a thematic hearing before the Inter-American Commission on Human Rights. Recently, Erlendy’s son was a victim of an assassination attempt on March 27, 2016. Before that, on September 1, 2015 two armed men attempted to kill her at her house. On February 7, 2015 a leaflet was left at her house that threatened her life and the life of her daughter if they did not leave the Llano Verde neighborhood.
  • On July 30, 2016 the leader Yaneris Cabrera received calls and text messages threatening her life and making explicit reference to the organizing work she does with AFRODES. She is the secretary of AFRODES Cali, in charge of announcements, documentation and monitoring of the organization’s activities.
  • The daughter of the leader Yenny Castro was a victim of forced recruitment in December of 2014. Additionally, Yenny was leading a group of persons in the substandard settlement Playa Alta, home to 55 displaced families. The settlement was burned down on April 29, 2015.
  • In 2014 the door of the residence of the leader Felipe Asprilla was shot. In 2015, persons painted onto his door a message in blood that read “ASPRILLA IS GONE…” In addition, these persons left a leaflet that read “that the leaders promoting the election of the Llano Verde community action council will be military targets by the end of 2015.”
  • Bernardo Cuero, leader and treasurer of AFRODES who resides in the Atlántico Department, has been the victim of multiple attacks on his life. Similarly to Erlendy, these threats and attacks have intensified since his participation in 2013 in a thematic hearing before the Inter-American Commission on Human Rights. His petitions for protective measures have been rejected by the Colombian government and the complaints made to the Prosecutor’s Office have not been adequately received and processed.

We recommend to the Colombian government the following:

  • To guarantee the effective application of adequate protective measures in each of the cases heretofore described.
  • To immediately investigate the incidents presented and to bring those responsible for them to justice.
  • To begin a process of registering the organizations associated with AFRODES so that they may be eligible for collective reparations.
  • To guarantee the integration—through consultation with the Ethnic Commission—of the principles contained in the Ethnic Chapter of the final Peace Accords in the mechanisms responsible for the implementation and monitoring of the accords.

We recommend to the United States government the following.

  • The State Department and the Embassy in Bogota should ensure compliance with the human rights conditions linked with military assistance provided to Colombia by the United States that obligate the Colombian government to ensure protection for Afro-Descendent leaders.
  • United States officials should insist that Colombia improve its protection mechanisms for members of the organization AFRODES and these leaders’ family members, investigate these instances and publicly condemn acts of violence against them.

Join Our Efforts

Help empower individuals and communities to achieve structural changes in Latin America.