HUMAN RIGHTS WATCH COLOMBIA REPORT
Street children and other youths in Colombia face an
extraordinary level of danger from both uniformed members of the
security forces and police-tolerated private vigilantes, according
to "Generation Under Fire: Children and Violence in Colombia,"
released today by Human Rights Watch. A significant portion of the
murders of Colombian children are carried out by agents of the
state; police have reportedly taken part in hundreds of killings
of children since 1980, including the so- called "social
cleansing" murders of street children. Still other murders of
children are committed by private groups whose members are not
held accountable for the killings.
While the killings of street children cannot be called a
policy of the Colombian government, Human Rights Watch charges
that at the local level, police agents are involved in a wide
range of abuses against minors including torture, beatings, and
killings, as well as providing weapons to "social cleansing"
vigilantes and to street gangs that promote violence among
competing groups of street children.
The climate of violence in Colombia is not restricted to
attacks against children, nor does the killing always have a
political motive. But it is clear that the same government forces
that are pledged to maintain order in Colombia tolerate the
killings of children, failing to investigate many murders and
failing to intervene when the law is broken. This failure to
protect the lives of Colombian citizens, and especially those of
the very young, is a grave breach of international human rights
law.
Of the 2,190 murders of children in 1993, only twelve cases
have resulted in trials. Police officers continue to be implicated
in the murders of children, and investigations rarely result in
more than dismissal for implicated officers. Government promises
to restrain the police have yet to produce results.
In a case documented by the Inter-American Commission on
Human Rights, three teenage boys were forced into cars by
heavily-armed men in Bogota' in October 1993. One of them,
"Andre's," fifteen, worked in a downtown mall. According to his
friends, Andre's was forced from the mall by armed men wearing
police uniforms. His body was later found on the highway to
Choachi', in a well-known body-dumping ground.
In February 1994, a "trooper" stopped at Bogot 's Plazoleta
de la Macarena long enough for passengers to fire on five boys
sleeping under a pile of rags next to the church. Three were
killed. The youngest, known as "Asprilla" after a Colombian soccer
star, was ten years old. All were enrolled in a program aimed at
rescuing children from the street. That same night, Javier
Castan~o, a seventeen-year-old street child, was killed nearby
with a shot through the mouth. Human Rights Watch finds that no
one has been charged for these killings.
Human Rights Watch offers a very detailed set of
recommendations to protect the rights of children to the Colombian
government, armed insurgents, and the international community.
Among the most important recommendations are:
* Human Rights Watch calls on the Colombian government to make
public once again its rejection of paramilitary groups and
"private justice" as a way to solve social ills. This public
rejection must be paired, however, with investigations of and
sanctions against civilians and security force members who
abet, deploy, or participate in paramilitary groups.
* There must be a meaningful penalty for both child murderers
and murderers who are children. Otherwise, the impunity
currently enjoyed by children who commit acts of violence
will contribute to vigilantism.
* It would be important for the Public Ombudsman, in
cooperation with children's groups and human rights groups,
to mount a national educational campaign in defense of the
lives of children.
* Human Rights Watch calls on the armed opposition to respect
international humanitarian law. Specifically, Human Rights
Watch urges that guerrillas and their associates in urban
militias should expressly prohibit the killing of prisoners
or noncombatants, including the so-called "popular trials" of
accused criminals or drug addicts. Human Rights Watch also
calls for a total ban on the use of quiebrapatas mines.
* To the international community, Human Rights Watch recommends
speedy action to bring this epidemic of child murder to
greater attention by tasking the U.N. and the Organization of
American States with investigating human rights violations
against children and issuing special reports. This could be
done through the office of the U.N. Special Rapporteur on
Summary or Arbitrary Executions and/or the Inter-American
Commission on Human Rights.
* It is long past time for the United States, long Colombia's
most important political ally and trading partner, to speak
out strongly in support of human rights in Colombia. Regular
statements would underscore the U.S. commitment to an
improvement in human rights in Colombia for all, including
children.
"Generation Under Fire" is based largely on a fact-finding mission
carried out in Bogot and Medell!n in June 1994. Human Rights
Watch/Americas interviewed children who had been abused in police
custody, human rights activists, lawyers, and others who work with
children.
Human Rights Watch was established in 1978 to monitor and promote
internationally recognized human rights in Africa, the Americas,
Asia, the Middle East, and the signatories of the Helsinki
accords. The executive director is Kenneth Roth. Robert L.
Bernstein is chair of the board of directors.
Human Rights Watch/Americas was established in 1981 to monitor
human rights in Latin America and the Caribbean. Jos Miguel
Vivanco is executive director. Peter Bell is chair of the advisory
committee and Stephen Kass and Marina Pinto Kaufman are
vice-chairs.
The Human Rights Watch Children's Rights Project was established
in 1994 to monitor and promote the human rights of children around
the world. Lois Whitman is director and Michelle Baird is
counsel.
Copies of the 61-page report in English are available from the
Publications Department, Human Rights Watch, 485 Fifth Ave., New
York, NY 10017 for $8.40 (domestic) and $12.00 (international).
"Generation Under Fire" will also be published in Spanish. Please
contact Human Rights Watch for further information..
For further information:* Human Rights Watch urges the Colombian government to amend
the constitutional provision granting military court
jurisdiction in cases involving crimes by military personnel
against civilians, and to extend this amendment to include
police. Members of the security forces should be tried by
civilian courts and punished according to civilian law when
they violate the rights of civilians. Equally important is an
end to support to the constitutional protection of "due
obedience" to higher orders, allowing subordinates to claim
innocence on the grounds that they were operating on orders
from a superior officer.
Robin Kirk, (57-1) 286-5877
Michelle Baird, (57-1) 286-5877
Susan Osnos, (212) 972-8400x216