AMNESTY INTERNATIONAL REPORT 2016/17

industrial projects known as Zones of Rural
Development, Economic and Social Interest
(ZIDRES). Critics argued these could
undermine the land rights of rural
communities.
In February, the Constitutional Court ruled
that legislation stipulating that land restitution
claims would not be permitted in areas
denominated Projects of National and
Strategic Interest (PINES) was
unconstitutional. It ruled that such lands
could be expropriated by the state, but that
land claimants would have the right to a
formal expropriation hearing and to
compensation set by the courts.
On 9 June, the Constitutional Court made
public its December 2015 ruling annulling
three resolutions by the National Mining
Agency and Ministry of Mines and Energy
declaring over 20 million hectares of land,
including Indigenous and Afro-descendant
territories, as Strategic Mining Areas (SMAs).
The Court stated that delimitation of any
SMAs was dependent on seeking the prior
consent of Indigenous and Afro-descendant
communities living in these areas.
VIOLENCE AGAINST WOMEN AND GIRLS
Allegations of crimes of sexual violence
continued to be levelled against all parties to
the conflict. By 1 December, the Victims’ Unit
had registered more than 17,500 victims of
conflict-related crimes against sexual integrity
since 1985.
In March, the NGO Follow-up Working
Group on the Constitutional Court’s Judicial
Decrees (Autos) 092 of 2008 and 009 of
2015 issued a report on the state’s
implementation of the two Decrees. The
Decrees highlighted the prevalence of
conflict-related sexual violence against
women and ordered the state to combat
these crimes and bring to justice those
suspected of criminal responsibility. The
report concluded that although the state had
made some progress in investigating these
crimes, it had failed to take effective action to
ensure the right of survivors to truth, justice
and reparation. The vast majority of those
suspected of criminal responsibility for these
crimes had yet to be brought to justice by the
end of the year.
In August, the government issued Decree
1314 creating a commission to develop a
Comprehensive Programme of Guarantees
for Women Leaders and Human Rights
Defenders, which would include prevention
and protection mechanisms.
In June, the Office of the Attorney General
issued a Resolution adopting a protocol for
the investigation of crimes of sexual violence.
INTERNATIONAL SCRUTINY
In March the UN High Commissioner for
Human Rights issued a report which
congratulated the government and the FARC
on the progress made to reach a peace
agreement. However, the High Commissioner
warned that paramilitary groups (referred to
as “post-demobilization groups” in the report)
“constantly undermine human rights and
citizen security, the administration of justice
and peacebuilding, including land restitution.
Dismantling the groups that control stolen
land through the use or threat of violence
represents a permanent challenge to peace”.
In its concluding observations on
Colombia, published in October, the UN
Committee on Enforced Disappearances
acknowledged the efforts made by the
Colombian authorities and noted the
reduction in cases of enforced disappearance
in recent years. However, it expressed
concern about Colombia’s continued failure
to recognize the competence of the
Committee on Enforced Disappearances to
receive and consider communications from
or on behalf of victims as well as the failure to
make meaningful progress in investigating
such crimes.
In November, the UN Human Rights
Council noted the significant reduction in the
conflict’s impact on civilians. However, it
expressed concern about ongoing violations,
including arbitrary deprivations of life,
enforced disappearances, torture, and the
persistence of impunity. It also expressed
concern about abuses by “illegal armed
groups that emerged after the demobilization
of paramilitary organizations” and allegations
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