Situation Summary Displaced People Rights in the Peace Accord Implementation

Situation Summary1 This paper is an introduction for the First Discussion Session about Forced Displacement in the System of Truth, Justice and Reparation; of the Series “Displaced People Rights in the Peace Accord Implementation”. It aims to set the discussion around an ongoing humanitarian crisis.

To address IDPs2 in the Special Jurisdiction of Peace (JEP3) and in the Truth, Coexistence and Non-Repetition Commission (CEV)4, entails recognition of the context in which this transition is happening. It means a context of armed groups’ realignment on field, a remaining weak State presence and the worsening of violence against civilians.

Therefore, we propose four theses of situation analysis: 1.) Forced Displacement remain the most intensive expression of armed conflict and armed violence in Colombia.

2.) The last two years, forced displacement has been concentrated geographically against some specific populations in a disproportionate manner.

3.) Under-reporting has been intensified and it will continue if is not corrected, this increases Displacement effect on affected people’s life and their Rights situation.

4.) The presence of several and realign armed groups means new risk scenarios overcoming the importance given by public opinion to IDPs nowadays.

1

Written by Paola Hurtado and Francy Barbosa (CODHES).

Internally Displaced People.

3 By its name in Spanish 4 By its name in Spanish.

2

1

DISCUSSION PAPER

1.) Forced Displacement remain the most intensive expression of armed conflict and armed violence in Colombia.

Despite difficulties achieving an agreement about data of total amount of Forced Displacement victims’, it would be possible to say: In Colombia the total amount of armed conflict victims registered (recognized by State) is about 8.2 million people. Of those, 90 per cent are Forced Displacement Victims. It means a major challenge in terms of the magnitude of investigations regarding the crime of forced displacement, both judicial and extrajudicial5.

Nevertheless, this is not a historical scenario, is a situation of current emergency. According to CODHES data, between 2014 and 2016 at least 250.000 people has been yearly displaced. It shows forced displacement remains, even in decreased armed confrontation moments. Again, data shows between 2014 and 2017 at least 110 massive displacement occurred.

Historically, main causes of massive forced displacement have been confrontations and general attacks generated by armed groups. However, during 2017, 48 percent of massive displacements occurred because of direct actions of armed groups against civilian 6, mainly threats and intimidation (32%), homicide and femicide (7%), forced recuirment risk (4%), land dispossession (3%) and torture (2%). (Graphic 1). Meanwhile, armed confrontation (combat) generated 29% of displacements and 18% occurred after “new” armed groups incursions into territories.

Which means violence is increasingly directed against civilians, at the same time, it means higher State responsibilities regarding to effective protection to civil population instead of step back in the recognition and rights’ guarantee.

5

Public Search. Record date: 1/11/2017. See: https://rni.unidadvictimas.gov.co/RUV 18 per cent higher than historic trends. Direct actions against civilian used to be cause of no more than 30% of massive displacements.

6

2

Graphic 1. Causes of massive Displacement during 2017 other 4% Armed group incursion 18%

threats and intimidation 32% combats and confontation 29%

Otros 48%

attacks 1%

dispossession of lands 3% homicides and femicides 7% risk of forced torture and illicit 2% recruitment 4%

Source i. Sistema de InformaciĂłn sobre Derechos Humanos y el Desplazamiento - SISDHES (CODHES)

2.) The last two years, forced displacement has been concentrated geographically against some specific populations in a disproportionate manner.

Forced displacement have been disproportionately concentrated in the Pacific Region in Colombia. It does not means in other regions have disappeared but, between 2010 and 20177 occurred at least 576 massive and multiple displacement events8 in the Pacific Region, it is 71 percent of total events in Colombia. At the same time, the total amount of people displaced on these events in the Pacific, are 81% of total national (Map 1).

During 2017 (Map 2), 76 percent of people displaced on massive events came from different place of the Pacific Region (ChocĂł, Valle del Cauca, NariĂąo and Cauca). In 2017, CODHES has identified 103 displacement events affecting at least 15.560 people; 67 events occurred in the Pacific and 13.349 people came out of there.

7

Up to October 31st Decree 2569 of 2000, a mass displacement is an event in which at least 10 families or 50 people are displaced by the same circumstances. According to CODHES methodology, a multiple displacement is every displacement event in which more than 10 people are displaced but do not get to be massive.

8

3

Map 1. Massive Displacement 2010 - 2017

Map 2. Massive Displacement 2017

Unlike the national trends in the Pacific Region, Forced Displacement increased in events and people during 2017, as it can be seen in the Graphic 2.

Graphic 2. Desplazamiento masivo y múltiple en el pacífico 2010 - 2017 35000

92

90

83

Bars (Events)

80

30000 69

70

25000 58

60 50

20000

46

40

43 15000

33

28

30

11976

20

10000

Line (People)

100

5000

10 0

0 2010

2011

2012

2013

2014

2015

2016

2017

Source ii. Sistema de Información sobre Derechos Humanos y el Desplazamiento - SISDHES (CODHES)

Disputes over territorial control in the Pacific have a mainly economic background. There extractive industries, especially mining and timber on lands with special protections (Collective territories of indigenous and afrodescendant communities) that make legally impossible to acquire them because of the respect and protection of ethnical-territorial rights, 4

and so transactional barriers -as Prior consultation right has been addressed by government- for their exploitation. Therefore, parallel extractive industries (ilegal ones) are being reinforced by the shades in the region, those structures collaborate with armed groups to displaced and transgress territories.

Being this region mainly indigenous and afrodescendant territories, most of the victims of recent forced displacement are ethnic Peoples.

3.) Under-reporting has been intensified and it will continue if is not corrected, this increases Displacement effect on affected people’s life and their Rights situation.

In the Judgement T-025 of 20049 and the follow up Orders 009 of 2011 and 119 of 2013 regarded to access to recording for IDPs and records as entrance to State supply for IDPs rights protection. After 12 years of monitoring and after transition from RUPD to RUV 10, Constitutional Court in Order 373 of 2016 lifted the State of Unconstitutional Affairs partially regarding to records -and other policy components-; nevertheless, in 2017 CODHES identified in some municipalities under-record rates are higher than they were in 2004, it means most of IDPs are not being recognize by government and so, they are not getting humanitarian assistance nor integral administrative reparation.

Looking at under-recording rates of massive displacement, -that also require an immediate humanitarian response- there are municipalities where under-recording is more than 90%.

Of 36 municipalities in which there were massive displacements, in 56 percent there are under-recording rates, of these, in 7 under-recording rates are higher than 90% and in 16% are higher than 50%.

9

In 2004, Constitutional Court announced the Judgement T-025 after thousand of petitions from IDPs for the protection of their rights. In this the Court recognize a State of Unconstitutional Affairs regarding to Displaced people rights. It meant IDPs situation were against constitutional principles and so the Court order Government to stop state of constitutional abnormality.

10 RUPD (by its name in Spanish): Unique Record of Displaced People were created by Decree 2569 of 2000 on Law 387/1997 framework.

5

Picture 1. Under-record in massive displacement

56% of the municipalities showed under-recording In 44% of municipalities under-recording is above 50% In 19% of municipalities under-recording is above 90%

Source iii. Sistema de Información sobre Derechos Humanos y el Desplazamiento - SISDHES (CODHES)

At this point, under-recording is related to a UARIV11 reviewing practice in which -in generalforced displacements cause by an armed actor different to Guerrillas or State Forces are considered “occurred outside the armed conflict” against Constitutional Court directions.

According to CODHES data, main armed groups responsible for Forced Displacement (massive) are Armed Groups Heirs of Paramilitaries (38%) and Non-Identified Armed Groups -this shows how irregular armed conflict is becoming- (29%), guerrillas (17%), State Forces (12%) and some FARC dissidences (4%).

Graphic 3. Allegued Responsible for Displacements in 2017

GUERRILLAS 17% HEIRS OF PARAMILITARI ES 38%

STATE FORCES 12%

NONIDENTIFIED 29%

FARC DISSIDENCES 4%

Source iv. Sistema de Información sobre Derechos Humanos y el Desplazamiento - SISDHES (CODHES)

11

Adminsitrative Unit for Victims.

6

4.) The presence of several and realign armed groups means new risk scenarios overcoming the importance given by public opinion to IDPs nowadays.

Besides the above, during 2017 have been identified at least 34 illegal armed groups, most of them Heirs of Paramilitaries and other unknown groups with regional presence. Peace Agreement is being implemented in territories with armed groups presence remaining pressures against communities. (Map 3) Map 3. Ilegal Armed Groups 2017

7