COMMITTEE ON RIGHTS OF CHILD CONSIDERS REPORT OF COLOMBIA

The Committee on the Rights of the Child today considered the third periodic report of Colombia on how that country is implementing the provisions of the Convention on the Rights of the Child.

Introducing the report was Clemencia Ferero Ucros, Ambassador and Permanent Representative of Colombia to the United Nations Office at Geneva, who said the Government of Colombia could not hide the complex situation the country was facing due to the internal armed conflict. The violence perpetrated by the armed groups had gravely harmed the rights of the child. The effective implementation of the provisions of the Convention had also been retarded in some areas of the country. The armed groups did not refrain from perpetrating harm against children. Children and adolescents were the main victims of the armed conflict in Colombia.

Also introducing the report was Beatriz Londono Soto, Director-General of the Colombian Institute for Family Well-being, who said the Government of Colombia was making efforts to promote and protect the rights of its children through the drafting of new laws. She said the Government was making reforms and consolidating programmes and policies aimed at strengthening the social protection of children in the country. The policies being put in place took into consideration the particular characteristics of groups and regions. The conditions of children needed special attention because of the general situation of the country, which was negatively impacting on them.

In preliminary remarks, Jean Zermatten, the Committee Expert who served as country Rapporteur to the report of Colombia, said the dialogue with the delegation had been fruitful and rich. The country had made great progress in developing programmes, plans of action and projects towards protecting and promoting the rights of the child. The delegation had clearly identified the difficulties encountered in implementing the provisions of the Convention, showing that Colombian children were in good hands. The problem of children in the country was related to poverty and the armed conflict.

Other Committee Experts contributed to the debate by raising questions pertaining to the problem of displacement, affirmative action for children of Afro-Colombian and indigenous groups, corporal punishment, violence against children and domestic violence, children with disabilities, child labour; street children; the sexual exploitation of children; poverty and juvenile justice.

The Committee will release its formal, written concluding observations and recommendations on the report of Colombia towards the end of its three-week session, which will conclude on 2 June.

The delegation of Colombia was made up of representatives of the Ministry of Education, Ministry of Foreign Affairs, Office of the High Commissioner for Human Rights in Colombia, Ministry of Social Protection, and Permanent Mission of Colombia to the United Nations Office at Geneva.

As one of the 192 States parties to the Convention, Colombia is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand during the day to present the report and answer questions raised by Committee Experts.

The Committee will reconvene in plenary at 10 a.m. on Friday, 2 June, to issue its concluding observations on the reports which it has considered this session before adjourning the session.

Report of Colombia

The third periodic report of Colombia (CRC/C/129/Add.5) provides information on the administrative, judicial and legislative measures undertaken by the State party to implement the provisions of the Convention. It says that a number of laws had been adopted by the State with the view to promote and protect the rights of the child. It notes that a series of draft legislation were tabled by the Government and they are being considered by the legislative body. Some programmes, which are aimed at enhancing the rights of the child, have not been implemented because of the ongoing armed conflict. Children have been victims of displacement and violence, thus not all children fully enjoy their rights as provided for in the Convention. However, the Government has taken measures to strengthen polices that would consolidate the implementation of children’s rights.

The report says that the Government’s actions strengthened the public administration which in turn has enhanced the democratic authority in the national territory. In 2003, the areas covered by the State activities were increased from 86 to 93 per cent. The various State activities are aimed at reducing the effects of the armed conflict and fighting drug trafficking and violence against children. In 2002, the number of persons displaced from their place of origin was the highest compared to 1985. However, the takeover of territories by State forces has allowed children and their parents to return to their homes, thus decreasing the number of displaced persons in the country.

Introduction of Report

CLEMENCIA FORERO UCROS, Ambassador and Permanent Representative of Colombia to the United Nations Office at Geneva, said the Government of Colombia could not hide the complex situation the country was facing due to the internal armed conflict. The violence perpetrated by the armed groups had gravely harmed the rights of the child. The effective implementation of the provisions of the Convention had also been retarded in some areas of the country. The armed groups did not refrain from perpetrating harm against children. They did not respect humanitarian standards at all. The activities of those armed groups had been affecting the civil, political, economic, social and cultural rights of the population, particularly of the vulnerable groups like children.

Ms. Forero Ucros said children and adolescents were the main victims of the armed conflict in Colombia. They were also victims of anti-personnel mines, explosives, forced displacement, killings and sexual violence. The organized armed groups were more and more targeting the civilian population.

BEATRIZ LONDONO SOTO, Director-General of the Colombian Institute for Family Well-being, said the Government of Colombia was making efforts to promote and protect its children through the drafting of new laws. It was carrying out reforms and consolidating programmes and policies aimed at strengthening the social protection of children in the country. The policies put in place took into consideration the particular characteristics of groups and regions. The conditions of children needed special attention because of the general situation of the country, which was negatively impacting on them.

Ms. Londono Soto said the general violence of the armed conflict had made children victims of forced displacement, anti-personnel landmines and other threats. Moreover these threats had particularly affected their social and moral behaviour. The whole situation needed the implementation of an integrated child and teenage programme in order to fight family violence, child abuse, neglect and ill-treatment, exploitation and the HIV/AIDS pandemic.

Despite the armed conflict, Colombia had made progress in taking population-based action favouring children, Ms. Londono Soto said. All the measures taken by the Government corresponded to the needs of children and adolescents, with the view to protecting their interests. In order to deal with the difficulties and gaps, much work had been done to consolidate mechanisms put in place to protect and promote the rights of the child. Laws and other measures had also been taken to harmonize policies and programmes, which were designed to allow the progressive realization of the rights of the child.

In the field of education, access by girls had been facilitated through Government initiatives to encourage the girl child, she said. The number of dropouts and years of repeating had been reduced. Child participation in all areas had also been intensified. A number of laws had been adopted while other laws on the protection of child rights were tabled before the parliament.

Questions and Comments by Committee Experts

JEAN ZERMATTEN, the Committee Expert who served as country Rapporteur to the report of Colombia, said the situation of the rights of the child was influenced by the armed conflict in the country, which affected 75 per cent of the territory. The exercise of the rights of the child, particularly the general implementation measures, had also been affected. The other problem was displacement, which seriously harmed children. Anti- personnel landmines were also affecting 65 per of the population. The unequal distribution of wealth and other resources was also a cause of concern.

Mr. Zermatten said some positive aspects had been made by the State in the areas of child rights. It had ratified the two Optional Protocols to the Convention on child sale, child pornography and child prostitution and children involved in armed conflicts. It had also acceded to the ILO Conventions No. 182 and 138, on the worse forms of child labour and the minimum age of admission to employment, respectively. It had also ratified the Rome Statute on the creation of the International Court of Justice and the Ottawa Convention on landmines, which were all positive aspects. However, the situation was still not satisfactory due to the continued armed conflict.

Mr. Zermatten said he appreciated the collaboration of Colombia with the Office of the High Commissioner for Human Rights and hoped that the relations would continue. He welcomed the series of laws submitted to the parliament with regard to child rights protection. The major obstacle in the implementation of the Convention remained the armed conflict. During the examination of the previous reports, the Committee had made several recommendations, which were not taken up by the State party in whole. Recommendations were made on respect to the right to life, ill-treatment and torture, violence against children, sexual exploitation and trafficking in children, among other others.

Another Expert said Colombia was privileged to have a number of non-governmental organizations working in the country. The organizations of civil society should be considered as partners and not as protagonists. The Committee was concerned that some non-governmental organizations were linked to terrorism. In the administrative and judicial decisions, what measures were taken to uphold the best interests of the child?

On the right to live, an Expert said children were suffering due to the ongoing armed conflict. The State party did not precise the number of children killed in its report, except by saying that the number had decreased. Street children were the target of killings by the para-military groups. What happened to the apprehended perpetrators of the killings?

Another Expert asked about the measures adopted to reduce discrimination with regard to children and teenagers. Teenagers of the Afro-Colombian and indigenous groups were particularly discriminated against. How did the State promote the right to be heard in the administrative and judicial levels? The promotion and protection of children were hampered by the armed conflict. Had the State invited the Red Cross to visit child detention centres?

On the definition of the child, an Expert said the definition was in line with the provision of the Convention. However, there were some deficiencies with regard to the age of marriage. What was the minimum age for marriage, military recruitment and employment? From what age was a child heard or deprived of her or his liberty?

Another Expert asked about the extent that corruption affected the exercise of the rights of the child. What happened to children not registered at birth? Traditional practices were still affecting children; what measures of awareness rising were being taken in schools and the family. There was also a tendency to abuse the civil and political rights of children.

Response of Delegation

Responding to the series of questions raised by the Committee’s Experts, the members of the delegation said that Colombia was implementing the provisions of the Convention in many ways. The Government had made legal reforms to allow the provisions to be implemented by different institutions. The legal framework had also been made in line with the Convention. Those institutions responsible for children were able to implement the treaty due to the adoption of provisions put in place by the State. The different offices of the Colombian Institution of the Family Well-being strictly abided by the provisions of the Convention while carrying out their activities.

In Colombia, under the law, a person below 18 years was considered a child, the delegation said. At any age, children could express their opinion; however, children from the age of 12 ages were able to express opinion before the judicial authorities. It was an offence to have sexual intercourse with a child below 14.

On the question of participation, the delegation said the Government believed that besides legislation, children were encouraged to participate in the society. With regard to gender issues, the Government had encouraged girls to take a lead in many areas. The right to abortion was allowed in certain circumstances. A girl whose education would be compromised in the event of pregnancy could have an abortion.

Women were playing a leading role in the country, the delegation said. The head of the Congress was a woman. Although women were in charge of children, women should be present in all sectors of the society, including in politics. The first gender observatory had been created to look into the situation of women. Women were also playing an important role in generating income for their families through their entrepreneurships.

On the education sector, the delegation said assessments had been made to come out with a clear vision of the obstacles that hampered the progress in education in order to seek appropriate means to enhance education in the country. A consultation process was going on now with all segments of the population, including citizens of African descent and indigenous people. The budgetary allocation for education had increased from 3.1 in 1994 to 4.8 per cent of the gross domestic production (GDP) in 2004. The trend was to increase the allocation every year.

With regard to health, 81 per cent of the population was enrolled in social security schemes, the delegation said. The social coverage of citizens had been increasing each year. Affirmative measures had also been implemented to 800,000 Afro-Colombians to bring them into the mainstream of the social coverage.

The activities of the armed groups had negative consequences on the society, particularly on the rights of the child, the delegation said. A process of possible demobilization had been discussed involving some foreign States. The high number of children killed by the armed groups was unacceptable.

A number of channels provided safeguards to children, including handling their complaints, the delegation said. The offices of the Colombian Institution for Family Well-being and municipalities, as well as Churches, were involved in the protection of children. However, children were still subjected to intimidation.

Questions and Comments by Experts

An Expert said the Colombian law did not respect the single-parent family and children in institutions. There were 16,000 children placed in centres while 30,000 children were in institutions, which was a high number. What measures were being taken to reduce the number of children in detention centres and institutions? Were there complaint mechanisms for such children in the event of ill-treatment? Although Colombia was a party to the Hague convention on the protection of children in matters of international adoption, there was a lack of transparency. What measures were envisaged to amend the law on adoption? Corporal punishment was frequent in institutions and police stations; what remedies were put in place to alter the situation?

Another Expert asked whether education was free-of-charge and if children were kept in schools rather than letting them go in the streets to earn a living. The delegation was asked to provide information on girls’ education, including indigenous children living in remote areas.

Violent gangs should not be allowed to use meeting places and playgrounds, an Expert said, asking the delegation to provide the Committee with information on the availability of leisure, sports and cultural activities for children. Were there libraries for children in all the territories of the State?

The number of children with disabilities amounted to 2.5 million, another Expert said. Those children were affected either by physical or developmental disabilities. Was there a minimal plan of action to ensure early detection of such anomalies? In the field of education, children with disabilities were discriminated against and the number of these children enrolled in schools was not high. Little action was taken by the State to make that category of the population visible. The number of children abused and neglected in the family was also significant. What measures were being taken by the State to resolve the problem with regard to children with disabilities?

Colombia had the highest number of displaced persons in the world with 2 to 3 million individuals, an Expert said. In the absence of reception centres, the victims were subjected to miserable conditions. What efforts were being made to provide them with protection?

Response by Colombia

The delegation said Colombia had a reputation for having a mechanism to facilitate adoption. The law in place provided protection to children who were adopted by families at the national or international levels. The institutions that served as agencies for adoption worked to respect the best interests of the child. The adoption programmes in the country gave priority for national adoption so that children remained near to their relatives and natural environment.

On the ill-treatment of children, the delegation said children in Colombia were subjected to violence and ill-treatment, particularly in the family. The legislators were envisaging to making family offences a crime through a future law. The age of deprivation of liberty for offences was 15; the duration of deprivation of liberty varied in accordance to the category of the offences. There were only 53 juvenile judges for the whole country. It had been stated that corporal punishment was an offence, which would be included in a future law. The loss of freedom was the last resort for children.

Concerning violence in institutions and the mechanisms on lodging complaints, the delegation said the regional institutions and the administrative sections in Bogotá dealt with complaints from children. Further measures were envisaged to strengthen monitoring of ill-treatment in institutions.

The delegation said that forced displacement was part of the violence affecting children. Those who were uprooted from their natural environment were provided with assistance. Over one million people had been displaced, which was a high figure vis-à-vis the total population. Because of the displacement, the people were living in a precarious situation that required the Government’s additional efforts in providing food and shelter. Psychological and nutritional assistance was needed to all children living in that situation. The Government had also taken measures to improve the housing conditions of those affected by forced displacement.

The United Nations Children Fund (UNICEF) and other international organizations had been helping Colombia to overcome its problems as regards victims of the armed conflict, the delegation said. Packages of services had been provided to families to send their children to schools. Family allowances were also given to the displaced families to allow them to provide better food for their children.

Children were encouraged to participate in sports and other cultural activities, aimed at keeping them within the educational environment, the delegation said. Those who were no longer participating in the armed conflict were also provided with opportunities to receive vocational trainings aimed at their reintegration and reinsertion into the society.

Sexual exploitation was an offence in Colombia, the delegation said. However, the number of culprits was very low compared to the offences committed in the country. The local sex tourism was also worrying to the authorities, which required further actions by the Government.

The Ministry of Health had launched a programme to raise awareness on adolescent reproductive health, particularly on the prevention of teenage pregnancy, the delegation said. The number of teen pregnancies had been on the increase despite the efforts of the Government.

Great mobilization had been made by the Government in collaboration with communities to make the rights of children visible, the delegation said.

Thirty-three field mines had been cleared from land mines and would be distributed to the public, as part of Colombia’s obligations under the Ottawa Convention, the delegation said. UNICEF had been collaborated in the operation to clear the fields.

The Government had been making efforts to intensify the negotiation process to demobilize children involved in the conflict. Friendly countries like Switzerland and Cuba had provided assistance to Colombia in the negotiation efforts with the armed groups. The number of arms and ammunitions retaken after mobilization had been quite significant. In the past, no law had been put in place for the reparation and rehabilitation of victims. As part of the peace process, the Government had drafted a law relating to compensation to victims.

On the issue of impunity, the delegation said that a committee set up for that purpose investigated those who carried out massacres. The committee was struggling against impunity by implementing a programme aimed to that end.

According to studies on child labour, 10 per cent of children were working, the delegation said. The Government had taken measures to reduce the number of children being exploited economically or sexually.

Colombia was considered to be a country that was producing drugs, the delegation said; unfortunately, it was also consuming drugs and other substances. The number of children falling victims of drug addiction was significant. The proportion of HIV/AIDS victims was important. However, the Government had put in place early screening of the disease as part of a preventive programme.

In 1993, only 28 per cent of the population was covered by social security, the delegation said. At present, 41 million people were ensured for health coverage. Further efforts needed to be done in order to cover all citizens in the country.

Colombia respected the human rights of its people and was abiding by all Inter-American and international standards. The Office of the High Commissioner for Human Rights had been operating in the country for the past 10 years. When the term of the Office expired this year, Colombia would reactivate its relation with Office and continue its cooperation as before.

There was a concern about mentally deficient people, the delegation said. The Government had been implementing programmes and spending money to take care of those individuals. At present, 6.5 per cent of the population had some form of disability, among which 80 per cent had health insurance coverage.

The Government had allocated $ 5 million for the purpose of programmes aimed at increasing awareness about teenage pregnancies and how to prevent them, the delegation said.

HIV/AIDS was a problem to which the Government was paying special attention, the delegation said. Besides the early diagnosis of the disease, a plan of action was implemented to prevent mother-to-child transmission of the disease.

The Government was also committed to the prevention of the killings and displacement of teachers in the armed conflict zones, the delegation said. Armed groups had killed a number of teachers while some schools were used as guerrilla bastions.

Preliminary Concluding Remarks

JEAN ZERMATTEN, the Committee Expert who served as country Rapporteur to the report of Colombia, said the dialogue with the delegation had been fruitful and rich. The country had made great progress in developing programmes, plans of action and projects towards protecting and promoting the rights of the child. The delegation had clearly identified the difficulties encountered in implementing the provisions of the Convention, showing that Colombian children were in good hands. The problem of children in the country was related to poverty and the armed conflict.

Remarks by Delegation

The delegation said the Colombian Government had the full conviction that children were not only looked after individually but also within the whole framework of the society and the family. Although poverty was still threatening children, the Government would do all it could towards the respect of the rights of the child. The Government was committed to applying policies that would enhance the rights of the child.

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