Joint statement on human rights certification

Latin America and the Caribbean

Every year, the U.S. State Department is required by law to certify that Colombia's human rights performance is improving in order to free up 30 percent of military aid in the foreign aid budget. A coalition of Colombian and U.S. human rights groups recently issued a public statement (PDF) calling on the United States not to certify that Colombia is meeting the required human rights conditions. The statement explains that "not only has Colombia failed to meet the conditions, it has taken a significant step backward ... , particularly in failing to bring human rights crimes by security forces to justice." Over 20 human rights groups hold that certifying under these conditions would tell the new Colombian administration that the United States will not hold it accountable for abuses, while withholding certification would "would send a firm message that the U.S. government expects the new administration to distinguish itself from its predecessor by upholding human rights." The statement lists several human rights violations that have been committed in Colombia since September 2009, when the last certification was issued, which include:

  • Failure to comply with the condition to investigate and prosecute violations committed by Colombian security forces;
  • Pronounced lack of compliance during this period with provisions requiring progress on dismantling paramilitary networks and new illegal armed groups. Far from being dismantled, paramilitaries and emerging criminal groups have expanded their presence in the last two years;
  • Lack of compliance with the requirement to respect the rights of human rights defenders, and trade unionists, indigenous and Afro-Colombian communities.

The human rights conditions, as set forth in section 7046 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 (division H of Public Law 111-8) and as amended by the Department of State, Foreign Operations, and Related Programs Appropriations Act 2010 (division F of Public Law 111-117) are as follows:

  1. The Government of Colombia is suspending, and investigating and prosecuting in the civilian justice system, those members of the Colombian Armed Forces, of whatever rank, who have been credibly alleged to have committed violations of internationally recognized human rights, including extra-judicial killings, or to have aided, abetted or benefitted from paramilitary organizations or successor armed groups, and the Colombian Armed Forces are cooperating fully with civilian prosecutors and judicial authorities in such cases.
  2. The Government of Colombia has taken all necessary steps to sever links with paramilitary organizations or successor armed groups.
  3. The Government of Colombia is dismantling paramilitary networks, including by arresting and prosecuting under civilian criminal law individuals who have provided financial, planning, or logistical support, or have otherwise aided, abetted or benefitted from paramilitary organizations or successor armed groups, and by returning land and other assets illegally acquired by such organizations or their associates to their rightful occupants or owners.
  4. The Government of Colombia is respecting the rights of human rights defenders, journalists, trade unionists, political opposition and religious leaders, and indigenous and Afro-Colombian communities, and the Colombian Armed Forces are implementing procedures to distinguish between civilians, including displaced persons, and combatants in their operations.

You can download the public statement here.