Colombia

Casualties and Victim Assistance

Last updated: 09 November 2016

Action points based on findings

  • Expedite processes for mine/explosive remnants of war (ERW) survivors to access their rights under the Victims’ Law, including ensuring that out of pocket expenses for a range of services are covered within insurance systems.
  • Coordinate donor funding to specific victim assistance projects as part of the commitment to mine action for peace.
  • Dedicate resources to the comprehensive implementation of new policies and programs, including those promoting the rights of persons with disabilities.
  • Harmonize victim assistance and disability legal frameworks, coordination, and new initiatives.
  • Ensure survivors, their families, and communities in rural areas can access assistance, services and reparations; streamline administrative requirements and facilitate access across long distances to service providers.
  • Include peer support services under the health system (EPS) and through the psychological services coordinated for, and offered to, conflict victims.
  • Strengthen and facilitate survivor participation in decision-making though processes for victims of armed conflict and persons with disabilities.

Victim assistance commitments

The Republic of Colombia is responsible for a significant number of mine/ERW survivors who are in need of assistance. Cluster munitions victims have also been reported. Colombia has made commitments to provide victim assistance through the Mine Ban Treaty and as a State Party to the Convention on Cluster Munitions.

Colombia ratified the Convention on the Rights of Persons with Disabilities (CRPD) on 5 May 2011.

Casualties[1]

Casualties Overview

All known casualties by end 2015

11,386 mine/ERW casualties (2,255 killed; 9,131 injured)

Casualties in 2015

222 (2014: 292)

2015 casualties by outcome

32 killed; 190 injured (2014: 41 killed; 251 injured)

 

In 2015 the Department for Comprehensive Action Against Antipersonnel Mines (Dirección para la Acción Integral contra Minas Antipersonal, DAICMA)[2] recorded 222 mine/ERW casualties in 2015.[3]

There were 161 military casualties in 2015, of which three occurred during demining activities.[4] Civilian casualties (61) made up 28% of the total.[5] Almost half (45%) of civilian casualties were children (22 boys; six girls). There is a steady trend of increasing child casualties as a percentage of annual civilian casualties. The percentage of child casualties in 2015 has tripled compared to 2010. However, in absolute terms child casualties came back to the levels observed in 2010 when there were 28 child casualties. There were four casualties among women, a number similar to the four women casualties in 2014. The remainder of all recorded civilian casualties (48%) were men.

The overall mine/ERW casualty total in 2015 (222) represents a 32% decrease in annual casualties in comparison to 2014 (292 casualties, as revised by DAICMA in 2016. Between 2006 and 2010, the Monitor identified a trend of declining annual casualty rates since the peak of almost 1,200 casualties recorded annually in 2005 and 2006.[6] In 2011 and 2012, the decline slowed with annual casualty totals remaining fairly consistent, at 496 and 549 casualties per year, with a drop once again in 2013 that continued through 2015.

Since 1982, mine/ERW casualties have been recorded in 31 of Colombia’s 32 departments. In 2015, casualties were recorded in 15 departments, of which Antioquia, Cauca, Meta, and Caqueta recorded the highest rates.[7]

Cluster munition casualties

As identified in Case No. 12.416 (Santo Domingo Massacre versus the Republic of Colombia) heard before the Inter-American Court of Human Rights, 17 civilians were killed and 27 were injured during a cluster munition strike in Santo Domingo, Colombia on 13 December 1998.[8] No unexploded submunition casualties have been reported in Colombia.

Victim Assistance

There were some 9,000 recorded mine/ERW survivors in Colombia as of December 2015.

Victim assistance during the Cartagena Action Plan 2010–2014

More than 60 local disabled persons’ organizations (DPOs) and approximately 20 survivor associations have been formed through the work of national and international NGOs, and Colombian authorities gradually increasing opportunities for peer-to-peer support as well as socioeconomic inclusion.[9]

The national Victims and Land Restitution Law (Ley 1448: Ley de Víctimas y Restitución de Tierras, or Victims’ Law 1448) of 2011 guarantees comprehensive assistance to all mine/ERW survivors—among many other victims of conflict, the majority being displaced persons since 1985—as redress for violations of their rights resulting from armed conflict. Coordination of the implementation of the law is the responsibility of the Unit for the Assistance and Comprehensive Reparation of Victims (Unidad para la Atención y Reparación Integral a Víctimas, or Victims’ Unit) and the National Victim Attention and Comprehensive Reparation System (Sistema Nacional de Atención y Reparación Integral a las Víctimas, SNARIV). Throughout the period, a series of legislative measures were adopted to guarantee the rights of mine/ERW survivors through branches of the administrative routes, or pathways, to accessing assistance and reparations for conflict victims, which apply specifically to mine/ERW victims (Ruta de atención integral para víctimas de MAP, MUSE y AEI, or Pathways to Assistance). The Pathways to Assistance provide legislative and practical frameworks through which victims can access their rights to emergency care and by registering as conflict victims to gain access to compensation, rehabilitation and other forms of assistance.[10] They also identify the bodies responsible for relevant procedures. Pathways to Assistance are developed at the national, departmental, and municipal levels. However, as of 2015, many mine/ERW survivors had not completed the necessary processes or benefited from the law. The Victims’ Law 1448 itself is time-limited to the period of a decade, until 10 June 2021.

Access to services and support through the Pathways to Assistance for mine/ERW survivors can involve several stages and require registration with a number of different institutions. There are two separate key phases: an emergency care phase for all new survivors, and a subsequent phase of assistance and reparations following the registration and approval as a victim of armed conflict. Emergency healthcare is covered by a state fund for victims of conflict and car accidents through the Health Finance Solidarity Insurance Fund (Fondo de Seguridad y Garantía, FOSYGA). Ongoing health and rehabilitation needs of victims are covered by the existing healthcare insurance system, however access to the health system can be expedited by specific legislation and facilitated by the Victim’s Unit. Mine/ERW survivors, like other registered conflict victims are to be provided with an individual assistance plan (plan de atención, asistencia y reparación integral, PAARI), that can include specific interventions based on needs and recommendations for sustainable investments in livelihood activities using the indemnity/compensation payments provided to victims.

Victims’ Law 1448 specifies that victims must access health and rehabilitation services through the national health system and its registered service providers (Instituciones Prestadoras de Servicios de Salud, IPS).[11] Colombia has a system of universal health insurance with both contributive and fully-state subsidized elements through a system of identification for social assistance beneficiaries according to their economic means (SISBEN).[12] Under the General Health Social Security System (Sistema General de Seguridad Social en Salud, SGSSS) framework survivors with adequate incomes contribute to health insurance through health insurance companies (Empresas Promotoras de Salud, EPS) as paying policy holders. Those without the means can be registered with an EPS through the fully subsidized funding system, with the approval of SISBEN. Since March 2014, conflict victims, including mine/ERW survivors, not already registered with an EPS for insurance are to be automatically included in the subsidized system.[13]

Legislative changes to be implemented by the Ministry of Health and Social Protection and the Victims’ Unit reduced the time for new survivors to be included in the subsidized health system and for uninsured mine/ERW survivors with disabilities identified in the Registry of Victims (RUV) to be registered with an EPS.[14] However, for many survivors there were considerable delays in the process of accessing services through an EPS and discrepancies in the provision of assistance by the institutions providing health services (IPS).[15] In some cases, the EPS only provided for transportation, although survivors also needed support with food and accommodation in order to access medical treatment.[16]

Due to difficulties in accessing health insurance, healthcare, physical rehabilitation services and humanitarian assistance, and compensation remain inaccessible for the poorest living in areas affected by the armed conflict.[17] Complicated procedures to register as a mine victim and delayed reimbursements have meant that many survivors could not access the care they needed and therefore the ICRC and national and international NGOs often played crucial roles by facilitating access to and/or paid for services. Decreasing international funding for NGOs since 2012 limited their efforts to fill gaps in existing care and to facilitate access by paying for transportation and accommodation.[18] In 2015, the decline in international cooperation funding continued to force some organizations to reduce their services, including rehabilitation services and prosthesis.[19]

The decrease in funding to victim assistance activities in Colombia and changes in the system of insurance for health and rehabilitation due to restructuring of funding under the Victims’ Law 1448 meant that NGOs continued to fill gaps in assistance, particularly in transportation to access services, in economic and social inclusion programs, and in psychological support, which should be addressed through the system of benefits provided by the government. The majority of mine/ERW survivors lived in rural and remote areas with limited access to transportation and communication.

Moderate improvements were reported in the overall availability or access to services and programs for mine/ERW survivors. While there were still many mine/ERW survivors waiting for services and benefits, service providers and organizations working with survivors gained a better understanding of the assistance pathways process to access survivors’ rights at the local and departmental levels, improving the overall quality and effectiveness of services received by survivors and reducing delays. Overall access to assistance services therefore improved somewhat as a result of promotion and awareness raising of Victims’ Law 1448 and the assistance pathways by the government.[20] However, survivors still struggled to access the benefits of the law as they face multiple financial, physical, and administrative barriers to obtain basic medicines and rehabilitation services.

Victim assistance in 2015

Survivors had a better understanding of their rights and procedures to access them. Access to assistance improved overall. However, assistance is still largely provided at the level emergency care, but comprehensive rehabilitation remained far less available. Changes in administrative roles due to elections often delayed the implementation of guaranteed rights and services, and reinforcing the relevant actors used the scarce time and capacity resources of civil society.[21]

Of all survivors eligible for assistance, less than half received the services to which they are entitled. Despite efforts to improve access to rehabilitation, complex bureaucratic procedures often resulted in delayed access to services.[22] Gaps in the provision of health, rehabilitation, and psychosocial services remained prevalent.[23] Overall in 2015, an increased emphasis on children and women was noted, as well as improved efforts and mechanisms to include families of victims of the armed conflict and other minorities in the provision of assistance.[24] Colombia has a strong legal framework to assist and address the rights and needs of victims and persons with disabilities and there were notable advances, however many of these policies were not entirely implemented.

Assessing victim assistance needs

DAICMA is legally mandated to collect and manage all information on mine/ERW casualties and victim assistance.[25] There are also many additional sources of information on mine-related accidents.[26] In 2015, needs evaluation procedures were modified to allow clearer evaluation of local assistance needs and gaps in accessing services.[27]

In June 2015, the deadline expired for the registration of persons victimized between 1 January 1985 and 10 June 2011. As of June 2015, 5,539 mine/ERW victims were officially registered in the Registry of Victims (RUV), managed by the Victims’ Unit.[28] This figure was less than half of the total number of mine/ERW casualties recorded by DAICMA for the same period in its Information Management System for Mine Action (IMSMA) database.[29] There was also still a need to cross reference IMSMA data on casualties with the health systems SISBEN registry.[30]

When the registration period for past conflict victims concluded in June 2015, it became significantly more complicated for victims from events prior to 2011 to get registered in the Victims’ Unit system if they had not already been recorded in the IMSMA database. Registration would entail specific explanations of the circumstances of victimization and require that the victims provide adequate reasoning for not having registered earlier. Conflict victims occurring after 2011 have a period of two years from the time of victimization to register.[31]

In 2015, it was believed that some victims, especially civilians and those for whom the mine/ERW incident occurred many years ago, were not registered in either DAICMA’s IMSMA database or the RUV. In some cases, victims were not recorded because they were either unaware of their rights or because they had avoided registration due to the fear of repercussions.[32] Some mine/ERW victims who had received support or partial compensation through the funding of the Health Finance Solidarity Insurance Fund (FOSYGA) prior to the adoption of the 2011 Victims’ Law, were unaware that they were still eligible for some assistance. Not all mine/ERW survivors, nor all persons with disabilities, were registered in both the IMSMA database and the RUV. [33] To start addressing this, DAICMA took steps to improve coordination with the Victims’ Unit.[34] Efforts to identify persons with disabilities, however, did not include whether the identified individuals were also mine/ERW survivors.[35]

From 2014 to October 2015, DAICMA, with support of the Colombian Campaign to Ban Landmines (Campaña Colombiana Contra Minas, CCCM), implemented a data management project with use of apps and information technology tools, including: a) using social protection or other existing registries; b) a national strategy for data management on all registered mine victims; c) systematization of updated national-level information.[36]

In May 2015, DAICMA finalized a two-year survey of 846 mine/ERW survivors in 201 municipalities.[37] The findings were shared with relevant institutions including the National Victim Attention and Comprehensive Reparation System (SNARIV).[38]

In 2015 and 2016, DAICMA periodically contacted mine/ERW victims to identify gaps and improve services delivered through the Pathway to Assistance. Of 59 new civilian survivors registered in 2015, 90% were contacted and able to access services.[39]

NGOs and government institutions continued to collect data on victims and to monitor access to services. The national NGO Pastoral Social maintained a database on the state of assistance to survivors, including with case studies.[40]

Victim assistance coordination

Government coordinating body/focal point

DAICMA

Coordinating mechanism

National Victim Assistance Committee and sub-committees at the national and departmental levels on information management, socio-economic inclusion, and psychosocial support with governmental and non-governmental representatives (mostly inactive); technical sub-committees of the Executive Committee for the Comprehensive Reparation and Assistance for Victims of Violence (Comité Ejecutivo de Atención y Reparación Integral a las Víctimas, or Executive Committee for Reparations)

Plan

National Plan for the Comprehensive Assistance for Mine/ERW Victims; National Plan for the Comprehensive Reparation and Assistance for Victims of Violence

 

Coordination

DAICMA is the governmental body legally responsible for coordinating mine/ERW victim assistance, raising awareness, and facilitating victims’ participation. In 2015, DAICMA held 15 meetings to strengthen inter-institutional coordination and to draft and implement the Plan for Comprehensive Assistance and Reparation for Victims of Mines/ERW (Plan Nacional para la Atención Integral a Víctimas de Minas, REG). Meetings were used to improve cross-checked information on victims, analyze access to services, and updates on procedures.[41]

In 2016, the National Planning Department and DAICMA initiated the evaluation process of the 2009 mine action policy, including its impact on mine/ERW victims.[42]

To improve economic inclusion, DAICMA held five coordination meetings with the National Federation of Coffee Producers and the Polus Center, with the objective of including mine/ERW victims in coffee production initiatives.[43] In addition, 10 coordination meetings took place between DAICMA, the Ministry of Agriculture, the Agrarian Bank, and the Victims’ Unit to provide subsidies to mine/ERW victims for the construction of adapted houses in rural areas.[44]

Throughout 2015, DAICMA disseminated information on the national Pathway to Assistance for mine/ERW survivors, emphasizing the CRPD.[45] DAICMA also continued to work with local authorities to develop pathways to assistance for mine/ERW survivors in the departments of Antioquia, Arauca, Bolívar, Caquetá, Cauca, Chocó, Córdoba, Meta, Nariño, Norte de Santander, Putumayo, and Tolima and 23 municipal authorities in eight departments.[46] DAICMA developed separate Pathways to Assistance processes for mine/ERW survivors and family members from vulnerable groups, such as indigenous persons, Afro-Colombian populations, and persons with disabilities, as well as children and adolescents—the latter being in application since the second half of 2014.[47] DAICMA and civil society organizations advocated for the incorporation of victim assistance elements in local and national mine action and post-conflict plans.[48] In 2015, DAICMA held three meetings with the Program against Illicit Crops (Programas contra Cultivos Ilícitos, PCI) to update procedures and training for sector managers.[49] In 2015, DAICMA and the International Organization for Migration (IOM) held almost 300 coordination meetings and formed 15 guidance and monitoring committees to develop local strategies to promote guidelines for comprehensive assistance to child and adolescent mine/ERW victims and to initiate pilot tests in 10 municipalities.[50] The Organization of American States (OAS) participated in its coordination and implementation.[51]

Bilateral and multi-stakeholder coordination meetings were held among NGOs, service providers, DAICMA, the Ministry of Health and Social Protection, National Health Institute, departmental state bodies, and survivor networks in 2015.[52] These meetings were used to improve assistance by optimizing the use of resources, increasing understanding of the needs especially at the local level, and for expediting assistance in urgent cases.[53] The meetings provided opportunities to better understand services available, promote advocacy, and identify barriers in accessing services, particularly regarding health insurance companies (Empresas Promotoras de Salud, EPS). Victims could also share their experiences and coordinate with relevant institutions.[54]

The National Disability System (Sistema Nacional de Discapacidad, SND),[55] is responsible for implementing and monitoring the national disability policy, managing the Registry for Identification of Persons with Disabilities (Registro para la Localización y Caracterización de las Personas con Discapacidad, RLCPD),[56] and coordinating with other national, departmental, and municipal bodies.[57]

Five coordination meetings on disability policy and victim assistance, highlighting the similarity of needs, were held between the SND and the National Victim Attention and Comprehensive Reparation System (SNARIV) in which DAICMA, the Victims’ Unit, and the Ministry of Health and Social Protection participate.[58] The legal framework for the rights of victims of armed conflict was developed in parallel with the legal instruments for disability rights, resulting in a gap between the two frameworks, and therefore, mine/ERW victims did not always fully participate in disability coordination mechanisms.[59] In 2015, efforts were made to promote the participation of victims of the armed conflict in regional committees on disability.[60] Despite efforts to coordinate between state and civil society disability and victim assistance institutions, challenges to integrating both legal frameworks remained.[61] A Ministry of Health and Social Protection representative said that there was a need to improve coordination between national, regional, and local institutions in the implementation of disability legislation and the Victims’ Law.[62]

National plans

The National Plan for the Comprehensive Reparation and Assistance for Victims of Violence, under Victims’ Law 1448[63] is supported by an implementation strategy, guidelines, a budget, and monitored through a mechanism at the Victims’ Unit.[64] SNARIV is also responsible for the implementation of the plan.[65]

A National Plan for Comprehensive Assistance to Victims of mines/ERW (2014) adopted by the National Intersectorial Commission for Mine Action (Comisión Intersectorial Nacional para la Acción contra las Minas Antipersonal, CINAMAP) is implemented through agreements with several governmental institutions including the Victims’ Unit, the Ministry of Health, and the Ministry of Agriculture. DAICMA monitors the implementation of the plan.[66] Monitoring decreased because the focus turned to humanitarian demining and away from victim assistance in 2015.[67] The Mine Action Working Group monitors this plan at the departmental level.[68]

Reporting

Colombia provided detailed updates on the progress and challenges for victim assistance at the Mine Ban Treaty intersessional meetings in Geneva in May 2016 and at the Mine Ban Treaty Fourteenth Meeting of States Parties, in Geneva in December 2015 as well as through its Mine Ban Treaty Article 7 report for calendar year 2015.[69] Colombia’s initial Convention on Cluster Munitions Article 7 report was submitted on 28 August 2016. Form H for victim assistance stated that there are no registered cluster munition victims in Colombia.[70]

The Committee on the Rights of Persons with Disabilities reviewed Colombia’s initial CRPD reporting (of 2013) in 2016. Recommendations included: strengthening participation mechanisms for persons with disabilities in decision-making bodies, strengthening anti-discrimination measures, ensuring compliance with physical accessibility standards through a national plan, harmonizing of victim assistance and disability legal frameworks, and including a disability perspective in all victim assistance initiatives. The committee also highlighted the need to facilitate access to civilian justice processes for women and children victims of armed conflict-related violence.[71] Handicap International (HI) Colombia provided input on victim assistance for the alternative (shadow) CRPD reporting.[72]

Survivor inclusion and participation

In general, survivors or their representative organizations were invited to participate in discussion and consultation fora on themes that affect them, however participation was limited due to both political will and resources.[73]

Community leaders identified as focal points by NGOs report accidents and immediately communicate the assistance required. NGOs also provide a link between survivors and departmental health institutes.[74]

Survivors did not participate in mine action coordination meetings led by DAICMA or in coordination meetings between DAICMA and the Ministry of Health and Social Protection. Two survivors actively participated during the peace negotiations in Havana.[75]

Survivors are represented in the Victims’ Unit and the SNARIV, both responsible for the implementation of the Victims’ Plan, where they can participate in monitoring and in public policies. Although there is an effective presence, participation of survivors from remote areas is more difficult. In addition, despite the participation of mine/ERW survivors at the municipal and departmental levels, their participation at the national level is hindered by the fact that they do not have a recognized position, as do the majority categories of victims, including internally displaced persons (IDPs). In 2015, the Colombian Campaign to Ban Landmines (CCCM) advocated for mine/ERW survivors to be recognized as a specific category of victims with an allocated place for national-level participation.[76]

Representatives of persons with disabilities participate in the National Disability Council (CND). However, it is not likely that survivors can participate in both the National Victim Attention and Comprehensive Reparation System (SNARIV) and CND due to time and access constraints.[77] The UN Committee on the Rights of Persons with Disabilities expressed concerns regarding the lack of participation mechanisms for persons with disabilities in the National Disability System (Sistema Nacional de Discapacidad, SND) and the CND.[78]

Child mine/ERW survivors and family members participated in committee meetings of the guidelines for comprehensive assistance to mine/ERW children and adolescent victims project.[79]

DAICMA and the CCCM continued a project started in 2014 to strengthen the capacity of 10 mine/ERW victim representative organizations in nine departments.[80] In 2015, 270 meetings were held with the associations, and DAICMA representatives provided guidance in the development of strategies. Guidelines for capacity-building were implemented in pilot areas. Survivors’ associations were involved in all stages of the project.[81]

The National Network of Organizations of Mine/ERW Survivors and Victims with Disabilities, an umbrella body, organized capacity-building training for member organizations in order to develop the network through the ICBL-CMC Survivor Network Project.[82] The Ministry of Health, DAICMA, and national and international civil society organizations increased their efforts to strengthen the capacities of organizations of persons with disabilities. Most available capacity-building support for mine/ERW survivor associations was provided through international cooperation, which has been declining in the last years. However, DAICMA also led some initiatives to build the capacity of victim representation.[83] In the department of Florencia, the Chamber of Commerce provided the survivor association with materials and technical assistance, while organizational capacity-building was supported by the UNDP and CCCM.[84] HI held international seminars on advocacy capacity.[85] In July 2015, the District Association of Landmine Survivors (Asociación Distrital de Sobrevivientes de Minas Antipersonal y Municiones sin Explotar, ADISMAM) participated in a forum on antipersonnel mines and survivors’ rights in Bogota.[86] The Colombia Comprehensive Rehabilitation Center (Centro Integral de Rehabilitacion de Colombia, CIREC) worked with associations of persons with disabilities to promote participation in local and intersectorial disability coordination and to strengthen organizational capacities.[87]

Service accessibility and effectiveness

Victim assistance activities[88]

Name of organization

Type of organization

Type of activity

Changes in quality/coverage of service in 2015

DAICMA

National government

 

Awareness-raising for governmental and non-governmental actors on available assistance and how to access it; capacity-building for survivor associations; needs assessment and monitoring of casualties

Ongoing

Ministry of Health and Social Protection

Administration of the Solidarity and Guarantee Fund (FOSYGA) to cover rehabilitative care for victims of conflict, including mine/ERW survivors; emergency and continuing medical care, physical rehabilitation

Development of a Pathway to Health and Rehabilitation assistance with DAIMCA

Victims’ Unit

Group therapy for registered victims; referrals for individual psychological support; technical support to municipalities in the implementation of the Victims’ Law; management of the Registry of Victims (RUV)

No major changes reported

National Apprenticeship Service (SENA)

Vocational training; training course for prosthetics and orthotics technicians

Increased training opportunities in prosthetics production

ASUTAL

National NGO

 

Psychosocial support, humanitarian assistance, facilitation to access medical care and rehabilitation

Unknown

CCCM

Legal advice; referrals to services; awareness-raising on survivors’ rights and advocacy; economic inclusion; mine risk education; survivor associations and local authorities’ capacity-building

Overall maintained geographical coverage; increased support to regional survivor networks by developing capacity through universities; expedited recording and registering of victims

CIREC

Physical rehabilitation, including mobile outreach to remote regions; income-generating projects; counseling in accessing services through the Pathway to Assistance; capacity-building of associations of persons with disabilities

Increased geographical coverage of mobile services for persons with disabilities; decrease in the number of beneficiaries

Fundacion REI

Physical rehabilitation and psychological support for mine/ERW survivors referred by HI and the ICRC

Unknown

Pastoral Social

Emergency assistance, needs assessment, psychosocial, judicial support; physical rehabilitation; transportation and accommodation to access services

Increase in geographical coverage and in the quality of services as a result of coordination and agreements with other organizations (HI, Law Faculty of CESMAG University)

Colombianitos

Support access to prosthesis replacement and rehabilitation services; psychosocial assistance; support access to health services for child survivors

Unknown

Paz y Democracia

Supports access to rights and services; promote          participation of survivors in processes created by the Victims’ Law; capacity-building of survivor associations; transportation, food, and accommodation to access services

Ongoing, despite resource constraints

District Association of Landmine Survivors (ADISMAM)

National survivor network

Advocacy to increase access to benefits and opportunities for survivor participation in Bogota and 20 departments

Ongoing activities, increased peer support and access to services

National Network of Organizations of Mine/ERW Survivors and Victims with Disabilities

National survivor network

National level coordination and representation of multiple survivor networks

Increased national coordination and peer support training opportunities for network member organizations

Association of Mine Victims of San Carlos

Local survivor associations

Prostheses, rehabilitation, training, and economic inclusion projects

Unknown

Victim Association of Caquetá

Data collection, follow-up and support to access services for survivors and families, psychological support, training through SENA

Ongoing; increased socio-economic inclusion activities with ICRC and UNDP support

Handicap International

International NGOs

Psychosocial support; monitoring; judicial support; advocacy; inclusive education and social inclusion; training; access to physical rehabilitation

Increased geographical coverage, extended to more rural areas, and in the number of beneficiaries (especially children); increased efforts in providing training to survivors

ICRC

Socio-economic reintegration; physical rehabilitation

Increased number of supported centers and number of beneficiaries

OAS/AICMA

Data collection; mine risk education; support in accessing services; support to productive micro-projects

Increased support to socio-economic inclusion projects

 

Emergency and ongoing medical care

A pathway to assistance developed by the Ministry of Health and Social Protection included facilitated access to emergency assistance services for armed conflict victims.[89]

However, in 2015 a decline in access to the healthcare was reported by national NGOs. Public services were often unattainable, or access was significantly delayed, and NGOs filled the gaps. This was due in part to a sharp decline in international funding, and a donors focus on emergency rather than comprehensive assistance. In addition, the newly adopted legislation stipulating that victims must obtain health services directly through the EPS further complicated access with its increased bureaucracy. State assistance, and municipal-level assistance in particular, is often considered ineffective.[90] NGOs found that services included in the Pathway to Assistance improved support for survivors to address the complex bureaucratic procedures required to access legally guaranteed services.[91]

In 2015, national NGOs[92] continued to visit hospitals in the aftermath of mine/ERW-related accidents to provide emergency response. The response also included distribution of WASH and food kits to the affected families.[93] The CCCM provided accompanying support for victims to obtain emergency aid, with support from UNICEF.[94] The ICRC supported wounded people to access healthcare services, provided training on first aid and weapon-wound management for emergency and medical personnel, and delivered medical materials. More persons with disabilities attended ICRC-supported centers than in 2014.[95]

Health coverage and accessibility for persons with disabilities overall was also lacking in rural and remote areas.[96]

Physical rehabilitation, including prosthetics

Due to funding reductions there was a decrease in access to prostheses for survivors, and to training for physical rehabilitation professionals.[97] This occurred despite a general overall improvement in the provision of physical rehabilitation services for several years, which has been increasingly under the responsibility of the state.[98] Access to physical rehabilitation provided by the state through the EPS and IPS declined, as services are often denied or delayed due to complicated bureaucratic and judicial procedures between EPS and IPS approval.[99]

Service delivery was also often delayed. In some departments, prosthesis and orthosis were of poor quality and there was often a lack of continuity in the rehabilitation process. Survivors can wait up to one year to obtain their prosthesis.[100] DAICMA requested that the Ministry of Health and Social Protection address these issues.[101] NGOs continued to fill gaps in access to and the provision of rehabilitation services.[102]

In 2015, the ICRC supported more rehabilitation services centers than in previous years, including with advice and training. The ICRC continued to cover the costs of transportation, accommodation, and prosthetic services for the most vulnerable. It supported the adoption of a resolution on good practices.[103]

SENA increased its prosthesis training in Bogota.[104] CIREC provided physical rehabilitation support for mine/ERW survivors through the EPS, as a registered IPS. This reduced its ability to provide outreach and referral services through community-based groups as it had done in previous years. However, CIREC reported increased geographical coverage and improvements in the technology used to provide services. The number of mine/ERW survivors within its overall beneficiaries decreased because they attended state rehabilitation institutions. In 2015 and into 2016, CIREC continued cooperation with the Colombian Red Cross.[105] In 2015, the national NGO Pastoral Social started implementing aquatic therapy for persons with disabilities.[106]

Economic inclusion

The Committee on the Rights of Persons with Disabilities noted the lack of promotion of professional integration of persons with disabilities.[107] There was a lack of government assistance in employment referrals or income-generating projects. Local, departmental, and national programs were regarded as limited, unsustainable, and inadequate.[108]

In 2015, national NGOs carried out income-generating projects with a family productive unit approach through micro-loans and cooperatives, with support from HI and the UNDP. The CCCM supported income-generation projects for survivors through an agreement with HI.[109] SENA provided vocational training, though rarely in remote and rural communities.[110]

In 2015, bureaucratic procedures to access pensions were reduced for survivors registered as having more than 50% disability. However, despite Constitutional Court rulings on the right to a pension for victims, the majority of survivors had difficulties in accessing those benefits.[111]

Survivors also face complex bureaucratic procedures to access benefits and indemnity compensation, which frequently cause them to abandon their claims.[112] Persons with disabilities were required to cover the cost of the mandatory physical evaluation (at the price of an average month’s wages) to prove their loss of ability to work, which is required to access the disability pension.[113] Since the end of 2015 however, through the Pathways to Assistance process, registered survivors could use a separate free registration process directly with an EPS in order to receive a diagnosis from a doctor in order to prove disability for indemnity payments. Many survivors and their supporting organizations were not aware of this change.[114] The ICRC facilitated the registration of mines/ERW survivors and other weapon-wounded people in the national welfare system.[115]

Social inclusion and education

In its strategic plan for 2015, the state of Colombia included a social inclusion and reconciliation program.[116] Programs or projects aimed at social inclusion were limited to major urban centers, while the majority of mine/ERW survivors are located in rural and remote areas.[117] Social inclusion assistance was mainly provided by NGOs that support survivors and their families. Some activities specifically targeted children.[118]

Social inclusion projects for persons with disabilities through the use of information and communications technology were carried out by organizations including the Relay Center, Connecting Senses, Movies for All, and Convertic.[119]

The vast majority of teachers lacked training on inclusive education for persons with disabilities.[120] In 2015, 2,301 mine/ERW survivors aged between five- and 25-years-old were registered in the Ministry of Education Integrated Registering System (Sistema Integrado de Matricula, SIMAT) in 520 municipalities.[121] The Ministry extended special educational coverage to address the right to education for victims of the armed conflict for the period 2014–2018. The Colombian educational sector developed a specific system of access to education for conflict victims from pre-school to higher education, including literacy courses for adults. It is not mandatory to be registered in the Registry of Victims (RUV) to access education through these measures. However, registered victims on low incomes with good academic performances can receive economic support for study.[122] National NGOs carried out inclusive education projects. In 2015, HI supported inclusive education in rural schools in mine/ERW-affected areas and advocacy, as well as increasing access to higher education in the department of Nariño.[123] The University of Antioquia reserved places for conflict victims with disabilities, including one mine survivor.[124]

Psychological support, including peer support

Public psychological support services in hospitals are not available in the majority of the municipalities where survivors live, or are only provided in the hospital immediately following injury.[125]

The Ministry of Health and Social Protection Program for Psychosocial and Comprehensive Health of Victims (Programa de Atención Psicosocial y Salud Integral a Víctimas, PAPSIVI), implemented through the EPS and health centers, assessed the psychosocial needs of all victims of armed conflict.[126] In 2015, the services offered were limited compared to needs, especially in remote areas and psychological support remained a major need for mine/ERW victims.[127] In 2015, the relevant state bodies developed guidelines on psychosocial support for persons with disabilities, including children and adolescents. As of May 2016, the guidelines had not been implemented.[128] An evaluation found that 83% of survivors continue to suffer from psychological trauma. A lack of psychosocial support and vocational training for family members of persons killed by mines/ERW remained major barriers to the fulfillment of their rights.[129]

National and international NGOs provided counseling, group and individual therapy, as well as peer support for survivors, including gender considerations.[130] The National Network of Organizations of Mine/ERW Survivors and Victims with Disabilities organized peer support training for survivor representatives from the departments of Meta, Arauca, Cauca, Caquetá, Norte de Santander, Antioquia, Arauca, and Cundinamarca, with support from the Survivor Network Project. Three survivor representatives also attended an intensive educational capacity-building field trip on victim assistance and disability rights to El Salvador.[131] HI organized follow-up psychosocial support and human rights workshops and training. It also conducted an international seminar on psychosocial support for mine/ERW victims and initiated the training of survivors on peer support methodology, with support from the ICBL-CMC. Some of the workshops led by HI specifically targeted female carers.[132]

Water, sanitation, and hygiene (WASH)

Colombia’s Humanitarian Response Plan for 2016, involves access to safe water, hygiene, and sanitation measures for the most vulnerable communities, including those in remote areas.[133] The ICRC facilitated infrastructural improvements in access water, sanitation, and shelter for IDPs and residents from rural communities.[134]

Laws and policies

As mentioned above, National Victims’ Law 1448 guarantees comprehensive assistance to all mine/ERW survivors injured and others victimized since 1985—among many other victims of conflict, the majority being displaced persons—as redress for violations of their rights resulting from armed conflict.[135] Under this law, spouses, partners—including of the same sex (marriage and civil status), and first degree family members are considered as victims and can benefit from the provisions stated in the law.[136] However, it was reported that families of victims often do not actually receive these benefits.[137] 

Illicit crop eradicators injured by landmine explosions and armed attacks have been unable to obtain adequate assistance in many cases. Many workers were peasants and not registered with a healthcare provider (EPS). Consequently, they have faced ongoing challenges in accessing the medical care that they need. Many eradicators did not receive compensation for injuries by mines incurred during the course of their work.[138] Observations from Colombia’s periodic review at the Human Rights Council in 2016 found that Colombia should discontinue the use of civilians in manual eradication activities in mine-affected areas until such areas are made effectively landmine-free according to international standards as well as free from other deadly hazards. The observations state that Colombia must also ensure that injured persons (survivors), or the relatives of casualties in the event of death, receive comprehensive reparations.[139]

Survivors do not have a good knowledge of their rights, obligations, existing services in their area, or procedures to access them. Assistance is still largely provided at the emergency level, but a lot less at the reintegration level. Of all survivors eligible for assistance, less than 50% received all the services to which they are entitled. An accident certificate is necessary to be eligible for assistance from the state, but obtaining it requires completing complex bureaucratic procedures that result in delayed access to services.[140]

In order to enable survivors access services and compensation, NGOs provided legal support for persons with disabilities to access disability pensions services. In addition, there was a specific focus on the needs of women and casualties’ family members.[141] The CCCM worked with four universities to build cross-thematic teams from departments for law, social work, psychology, and employment in order to address survivors individual cases, provide direct assistance and referrals to services, as well as legal aid to overcome bureaucratic barriers and make submissions for the implementation of guaranteed rights via routine court procedures.[142] HI included counseling on the needs survivors in the legal aid clinics of universities[143] ICRC provided assistance for mines/ERW survivors to complete administrative requirements for obtaining financial compensation and free medical care.[144]

Victims’ Unit Resolution 090 of February 2015 updated the prioritization criteria for victims’ access to reparation measures that also apply to mine/ERW victims.[145] Law 1751 on health, adopted in March 2015, guarantees access to quality and appropriate health services for vulnerable groups, including victims of armed conflict and persons with disabilities. However, the law lacked implementing legislation and was not fully operational as of September 2016.[146]

Decree 056 of 2015 released by the Ministry of Health, which establishes that health services to victims of the armed conflict must be provided directly through the EPS, added some burdensome and possibly useless bureaucratic requirements for victims that hinder access health services for the most vulnerable. As a result, access to healthcare through the EPS in general was seen as less effective in 2015.[147] Ministry of Health Resolution 1328 (2016), aims to simplify access to specific healthcare by circumventing the need for committee approval.[148]

The Protocol for the Effective Participation of Armed Conflict Victims, Resolution 0388 (May 2013) promotes the participation of armed conflict victims in the implementation of the Victims’ Law, while Resolution 0848 (December 2014) establishes modalities of reparations for personal injuries and access to reparations for mine/ERW victims.[149]

Legislation of 2011 prohibits discrimination against persons with disabilities in employment, education, access to public buildings, air travel and other transportation, access to healthcare, or the provision of other state services, but some NGOs reported that these laws were seldom enforced.[150] Law 1752, adopted in 2015, also prohibits discrimination based on disability as a criminal act.[151] Despite these efforts, discrimination against persons with disabilities, particularly women and children, was reported in the form of denial of reasonable accommodation.[152]

Law 1618 (2013) guarantees the rights of persons with disabilities in line with the CRPD.[153] The national policy on disability and social inclusion for implementation of the disability law in line with the CRPD (“Conpes 166”) was approved in December 2013.[154] Law 1618 established a deadline of 27 February 2015 for public offices to comply with new accessibility requirements. The National Disability Council was responsible for monitoring compliance.[155] In many departments, especially in remote areas, physical accessibility is limited to hospitals and health facilities.[156] In 2016, the absence of a national plan to ensure compliance with physical accessibility norms was highlighted by the Committee on the Rights of Persons with Disabilities, as well as the discriminatory attitude shown by health professionals and in the work environment in general.[157] Although there is no specific policy regulating the provision of education for mine/ERW victims, their needs are considered within the broader Ministry of Education guidelines on persons with disabilities.[158]

DAICMA reported that assistance provided to children and adolescents took into account their specific needs and made appropriate referrals to services.[159] Some national NGOs provided assistance to broader groups, such as victims of terrorist attacks with disabilities, carers, and persons with disabilities in general, and some of them adopted an age- and/or gender- sensitive approach.[160] The Ministry of Interior mandated the National University of Colombia to lead an investigation on the situation facing women and girl victims of the armed conflict, including disability issues.[161] CIRCEC increased its emphasis on children and women through implementation of physical rehabilitation, employment initiatives, access to healthcare, and rights training.[162] HI worked with service providers to develop gender-sensitive training methodologies.[163]



[1] Department for Comprehensive Action Against Antipersonnel Mines (Dirección para la Acción Integral contra Minas Antipersonal, DAICMA) database, updated to June 2016, sent by Camilo Serna, Colombian Campaign to Ban Landmines (Campaña Colombiana Contra Minas, CCCM), 16 June 2016.

[2] Formerly, Presidential Program for Comprehensive Action Against Antipersonnel Mines (PAICMA), renamed under Decree No. 1649, 2 September 2014; Mine Ban Treaty Article 7 Report (for calendar year 2014), Form A. DAICMA’s role is the same as PAICMA’s, except DAICMA assists the Minister Counsellor of Post-Conflict, Human Rights and Security and the National Government in the planning and coordination of mine-related activities, while PAICMA was acting under the authority of the Vice-President.

[3] Nearly all explosives that are victim-activated and that can be triggered by an individual are referred to as antipersonnel mines in Colombia. These casualties are not caused by industrially produced antipersonnel mines, but rather by victim-activated improvised explosive devices (IEDs) that act like antipersonnel landmines and ERW. ICRC, “Weapon contamination programming Colombia Activities and results achieved in 2010,” Bogota, undated, p. 2, document provided to the Monitor by email from Matthieu Laruelle, Regional Advisor for Latin America, Weapon Contamination Program, ICRC, 20 April 2011.

[4] Of the 161 military casualties, 15 people were killed and 146 were injured. DAICMA does not identify any casualties among non-state armed groups.

[5] Civilians made up 35% of all casualties in 2014, 45% in 2013 and 2012, 37 % in 2011, 34% in 2010, and were 41% of all casualties in 2009 and 2008.

[6] See previous Colombia country profiles available on the Monitor website.

[7]  Response to Monitor questionnaire by Lucy Johana Salgado Sanchez, Counsellor, DAICMA, 2 September 2015.

[8] Inter-American Court of Human Rights, “Case: Massacre of Santo Domingo vs. Colombia Sentence of 30 November 2012,” undated.

[9] Response to Monitor questionnaire by Camilo Serna, CCCM, 9 July 2015.

[10] DAICMA, “Asistencia a Víctimas” (“Victim Assistance”), undated.

[11] Response to Monitor questionnaire by Johana Huertes Reyes, Handicap International (HI) Colombia, 22 May 2015.

[12] See the SISBEN website for details.

[13] Circular 00016 of 22 March 2014; and response to Monitor questionnaire by Lucy Johana Salgado Sanchez, DAICMA, 26 August 2015.

[14] Responses to Monitor questionnaire by Esperanza Giraldo, Paz y Democracia, 28 April 2015; and by Lucy Johana Salgado Sanchez, DAICMA, 2 September 2015.

[15] Response to Monitor questionnaire by Johana Huertes Reyes, HI Colombia, 22 May 2015.

[16] Response to Monitor questionnaire by Rosa Palacios, Edwin Villanueva, and Sonia Juliana Fonseca, Pastoral Social, 31 May 2016.

[17] ICRC Physical Rehabilitation Programme (PRP), “Annual Report 2014,” Geneva, 2015; and response to Monitor questionnaire by Rosa Palacios, Edwin Villanueva, and Sonia Juliana Fonseca, National Secretariat, Pastoral Social, 31 May 2016.

[18] Responses to Monitor questionnaire by Claudia Patricia Bernal, Program Coordinator, Colombianitos, 24 April 2015; by Johana Huertas Reyes, HI, 22 March 2015; and by Ingrid Verónica Gaitán, Organization of American States (OAS), 8 May 2015.

[19] Responses to Monitor questionnaire by Johana Huertes Reyes, HI Colombia, 31 May 2016; by Claudia Patricia Bernal, Colombianitos, 24 April 2015; by Ingrid Verónica Gaitán, OAS, 8 May 2015; and by Luz Estela Navas, CCCM, 20 July 2015.

[20] Response to Monitor questionnaire by Ingrid Veronica Gaitan, OAS, 27 April 2016.

[21] Notes from Monitor field mission 29 March–4 April 2016.

[22] Response to Monitor questionnaire by Lucy Johana Salgado Sanchez, DAICMA, 16 June 2016.

[23] Responses to Monitor questionnaire by Claudia Patricia Bernal, Colombianitos, 24 April 2015; and by Luz Estela Navas, CCCM, 20 July 2015.

[24] Responses to Monitor questionnaire by Andrea Beltran, Colombia Comprehensive Rehabilitation Center  (Centro Integral de Rehabilitacion de Colombia, CIREC), 27 April 2016; by Johana Huertas Reyes, HI, 31 May 2016; by Rosa Palacios, Edwin Villanueva, and Sonia Juliana Fonseca, Pastoral Social, 31 May 2016; by Ingrid Veronica Gaitan, OAS, 27 April 2016; and by Luz Estela Navas, CCCM, 18 July 2016.

[25] See Colombia’s Mine Ban Treaty implementation law: Ministry of Information Technology and Communication (MinTIC), Law 759 of 2002, Article 13 (adopted 25 July 2002), Official Diary No. 44.883, 30 July 2002.

[26] These sources include departmental and local committees on mine action and transitional justice, emergency centers, hospitals, departmental and municipal health centers, the national Department of Social Protection, the Ministry of Environment and Sustainable Development, and the Ombudsman’s Office. Public institutions, humanitarian international and national organizations, and national/regional NGOs have also signed agreements to provide updates and contribute to the verification process. Mine Ban Treaty Article 7 Report (for calendar year 2014), Form C.

[27] Response to Monitor questionnaire by Lucy Johana Salgado Sanchez, DAICMA, 16 June 2016.

[28] Ibid., 2 September 2015.

[29] Email from Lucy Johana Salgado Sanchez, DAICMA, 7 December 2015.

[30] Notes from Monitor field mission 29 March–4 April 2016.

[31] Notes from interviews with the Victims’ Unit and DAICMA during Monitor field mission, 4 April 2016.

[32] Responses to Monitor questionnaire by Johana Huertas Reyes, HI, 22 May 2015; by Ana Milena Londoño, CCCM Volunteer in San Carlos, 3 May 2015; by Duyerney Pabón González, ICRC, 25 May 2015; by Harol Wilson Muñoz, Victim Association of Caqueta, 15 June 2015; and by Reinel Barbosa, National Coordinator, District Association of Landmine Survivors (ADISMAM), 9 September 2015.

[33] Response to Monitor questionnaire by Johana Huertas Reyes, HI, 31 May 2016.

[34] Email from Lucy Johana Salgado Sanchez, DAICMA, 7 December 2015.

[35] Response to Monitor questionnaire by Andrea Beltran, CIREC, 27 April 2016.

[36] Responses to Monitor questionnaire by Lucy Johana Salgado Sanchez, DAICMA, 26 August 2015; and by Luz Estela Navas, CCCM, 18 July 2016.

[37] Response to Monitor questionnaire by Lucy Johana Salgado Sanchez, DAICMA, 16 August 2016; and email, 10 September 2016.

[38] Response to Monitor questionnaire by Lucy Johana Salgado Sanchez, DAICMA, 26 August 2015.

[39] Ibid., 16 August 2016; and Mine Ban Treaty Article 7 Report (for calendar year 2015), Form G, 13 May 2016.

[40] Responses to Monitor questionnaire by Rosa Palacios, Edwin Villanueva, and Sonia Juliana Fonseca, Pastoral Social, 31 May 2016; by Johana Huertas Reyes, HI, 31 May 2016; by Ingrid Veronica Gaitan, OAS, 27 April 2016; and by Luz Estela Navas, CCCM, 18 July 2016.

[41] Responses to Monitor questionnaire by Lucy Johana Salgado Sanchez, DAICMA, 16 June 2016.

[42] Ibid.

[43] Ibid.

[44] Ibid.

[45] Mine Ban Treaty Article 7 Report (for calendar year 2015), Form G, 13 May 2016.

[46] Response to Monitor questionnaire by Lucy Johana Salgado Sanchez, DAICMA, 2 September 2015; and email, 10 September 2016.

[47] Responses to Monitor questionnaire by Lucy Johana Salgado Sanchez, DAICMA, 26 August 2015, and 2 September 2015.

[48] Responses to Monitor questionnaire by Rosa Palacios, Edwin Villanueva, and Sonia Juliana Fonseca, Pastoral Social, 31 May 2016; and by Luz Estela Navas, CCCM, 18 July 2016.

[49] Response to Monitor questionnaire by Lucy Johana Salgado Sanchez, DAICMA, 16 June 2016; and email, 10 September 2016.

[50] Response to Monitor questionnaire by Lucy Johana Salgado Sanchez, DAICMA, 16 June 2016. In 2014, Colombia published a Guide for the Comprehensive Assistance for Boys, Girls, and Adolescent Mine Victims DAICMA, “Colombia presenta en Maputo, Mozambique la Guía para la Asistencia de niños, niñas y adolescentes víctimas de minas antipersona” (“Colombia presents in Maputo, Mozambique the Guide for the Assistance of boys, girls and adolescents victims of antipersonnel mines”), 26 June 2014.

[51] Response to Monitor questionnaire by Ingrid Veronica Gaitan, OAS, 27 April 2016.

[52] Responses to Monitor questionnaire Johana Huertas Reyes, HI Colombia, 31 May 2016; by Duyerney Pabón González, ICRC, 25 May 2015; by Rosa Palacios, Edwin Villanueva, and Sonia Juliana Fonseca, Pastoral Social, 31 May 2016; by Andrea Beltran, CIREC, 27 April 2016; and by Luz Estela Navas, CCCM, 18 July 2016.

[53] Response to Monitor questionnaire by Duyerney Pabón González, ICRC, 25 May 2015.

[54] Responses to Monitor questionnaire by Rosa Palacios, Edwin Villanueva, and Sonia Juliana Fonseca, Pastoral Social, 31 May 2016; and by Luz Estela Navas, CCCM, 18 July 2016.

[55] The SND is composed of representatives of the Ministry of Health and Social Protection and the National Disability Council.

[56] Document CONPES Social 166, Política Pública Nacional de Discapacidad e Inclusión Social (National Public Policy on Disability and Social Inclusion), Bogotá, 9 December 2013, p. 11; and ICRC PRP, “Annual Report 2014,” Geneva, 2015.

[57] Responses to Monitor questionnaire by Johana Huertas Reyes, HI, 31 May 2016; and by Luz Estela Navas, CCCM, 18 July 2016.

[58] Response to Monitor questionnaire by Lucy Johana Salgado Sanchez, DAICMA, 16 June 2016.

[59] Responses to Monitor questionnaire by Johana Huertas Reyes, HI Colombia, 22 May 2015; and by Luz Estela Navas, CCCM, 18 July 2016.

[60] Response to Monitor questionnaire by Lucy Johana Salgado Sanchez, DAICMA, 16 June 2016.

[61] Response to Monitor questionnaire by Johana Huertas Reyes, HI Colombia, 31 May 2016.

[62]Foro: Minas antipersonales y derechos de los sobrevivientes en Colombia, un reto del presente” (“Forum: Antipersonnel mines and survivors’ rights in Colombia, a challenge of today”), Bogota, 8 July 2015.

[63] Adopted under Decree 1725, 12 August 2012.

[64] National Planning Department, “Documento CONPES 3726,” 30 May 2012; and response to Monitor questionnaire by DAICMA, sent via email by Diana Rocío Sorzano Romero, DAICMA, 27 March 2013.

[65] Response to Monitor questionnaire by Johana Huertas Reyes, HI Colombia, 31 May 2016.

[66] National Planning Department, “Documento CONPES 3726,” 30 May 2012; and response to Monitor questionnaire by DAICMA, sent via email by Diana Rocío Sorzano Romero, DAICMA, 27 March 2013.

[67] Response to Monitor questionnaire by Johana Huertas Reyes, HI Colombia, 31 May 2016.

[68] Response to Monitor questionnaire by Luz Estela Navas, CCCM, 18 July 2016.

[69] Statement of Colombia, Convention on Cluster Munition Working Group on Victim Assistance, Geneva, 9 April 2014; statement of Colombia, Fourteenth Meeting of States Parties, Geneva, 2 December 2015; and Mine Ban Treaty Article 7 Report (for calendar year 2015), Form J.

[70] Convention on Cluster Munitions Article 7 Report (for 1 March 2016 to 28 August 2016), Form H.

[71] Concluding observations on the initial report of Colombia by the Committee on the Rights of Persons with Disabilities, unedited version, 31 August 2016, p. 8.

[72] Response to Monitor questionnaire by Johana Huertas Reyes, HI Colombia, 31 May 2016.

[73] Response to Monitor questionnaire by Rosa Palacios, Edwin Villanueva, and Sonia Juliana Fonseca, Pastoral Social, 31 May 2016.

[74] Ibid.; and by Johana Huertas Reyes, HI Colombia, 31 May 2016.

[75] Response to Monitor questionnaire by Lucy Johana Salgado Sanchez, DAICMA, 16 June 2016.

[76] Responses to Monitor questionnaire by Johana Huertas Reyes, HI Colombia, 31 May 2016; and by Luz Estela Navas, CCCM, 18 July 2016.

[77] Response to Monitor questionnaire by Johana Huertas Reyes, HI Colombia, 31 May 2016.

[78] Concluding observations on the initial report of Colombia by the Committee on the Rights of Persons with Disabilities, unedited version, 31 August 2016, p. 2.

[79] Response to Monitor questionnaire by Lucy Johana Salgado Sanchez, DAICMA, 16 June 2016.

[80] Responses to Monitor questionnaire by DAICMA, sent by Oscar Ivan Ortiz Bohorquez, DAICMA, 2 May 2014; and by Luz Estela Navas, CCCM, 18 July 2016; and email from Lucy Johana Salgado Sanchez, DAICMA, 10 September 2016.

[81] Responses to Monitor questionnaire by Lucy Johana Salgado Sanchez, DAICMA, 16 June 2016; and by Luz Estela Navas, CCCM, 18 July 2016.

[82] Notes from Monitor field mission, 5 April 2016.

[83] Response to Monitor questionnaire by Johana Huertas Reyes, HI Colombia, 31 May 2016.

[84] Response to Monitor questionnaire by Rosa Palacios, Edwin Villanueva, and Sonia Juliana Fonseca, Pastoral Social, 31 May 2016.

[85] Response to Monitor questionnaire by Johana Huertas Reyes, HI Colombia, 31 May 2016.

[86]Foro: Minas antipersonales y derechos de los sobrevivientes en Colombia, un reto del presente” (“Forum: Antipersonnel mines and survivors’ rights in Colombia, a challenge of today”), Bogota, 8 July 2015.

[87] Response to Monitor questionnaire by Andrea Beltran, CIREC, 27 April 2016.

[88] Notes from Monitor field missions, 29 March–4 April 2016; Victim’s Unit, “Informe de gestión del Subcomité Técnico de Rehabilitación año 2013” (“Management Report of the Technical Subcommittee for Rehabilitation Year 2013”), p. 4; responses to Monitor questionnaire by Claudia Patricia Bernal, Colombianitos, 22 June 2015; by Lucy Johana Salgado Sanchez, DAICMA, 16 June 2016; by Alejandro Rumie and Vanessa Cortes, Fundación REI, 21 March 2014; by Johana Huertas Reyes, HI Colombia, 31 May 2016; by Andrea Beltran, CIREC, 27 April 2016; by Esperanza Giraldo, Paz y Democracia, 28 April 2015; by Ingrid Verónica Gaitán, OAS, 27 April 2016; by Liliana Mendoza, Norte de Santander Rehabilitation Center, 29 April 2015; by Ana Mileyna Londoño, ASOVIMASC, 3 May 2015; by Harol Wilson Muñoz, Victim Association Caqueta, 15 June 2015; by Luz Estela Navas, CCCM, 18 July 2016; and by Rosa Palacios, Edwin Villanueva, and Sonia Juliana Fonseca, Pastoral Social, 31 May 2016; ICRC PRP, “Annual Report 2014,” Geneva, 2015; and ICRC, “Annual Report 2015,” Geneva, May 2016, p. 279.

[89] Response to Monitor questionnaire by Andrea Beltran, CIREC, 27 April 2016.

[90] Responses to Monitor questionnaire by Rosa Palacios, Edwin Villanueva, and Sonia Juliana Fonseca, Pastoral Social, 31 May 2016; and by Johana Huertes Reyes, HI Colombia, 31 May 2016.

[91] Response to Monitor questionnaire by Johana Huertes Reyes, HI Colombia, 31 May 2016.

[92] Pastoral Social, Colombian Red Cross.

[93] Response to Monitor questionnaire by Rosa Palacios, Edwin Villanueva, and Sonia Juliana Fonseca, Pastoral Social, 31 May 2016.

[94] Response to Monitor questionnaire by Luz Estela Navas, CCCM, 18 July 2016.

[95] ICRC, “Annual Report 2015,” Geneva, May 2016, p. 279.

[96] Concluding observations on the initial report of Colombia by the Committee on the Rights of Persons with Disabilities, unedited version, 31 August 2016, p. 10.

[97] Responses to Monitor questionnaire by Rosa Palacios, Edwin Villanueva, and Sonia Juliana Fonseca, Pastoral Social, 31 May 2016; and by Johana Huertas Reyes, HI, 31 May 2016.

[98] Response to Monitor questionnaire by Andrea Beltran, CIREC, 27 April 2016.

[99] Responses to Monitor questionnaire by Rosa Palacios, Edwin Villanueva, and Sonia Juliana Fonseca, Pastoral Social, 31 May 2016; and by Luz Estela Navas, CCCM, 18 July 2016; and Mine Ban Treaty Article 7 Report (for calendar year 2015), Form G, 13 May 2016.

[100] Responses to Monitor questionnaire by Rosa Palacios, Edwin Villanueva, and Sonia Juliana Fonseca, Pastoral Social, 31 May 2016; and by Luz Estela Navas, CCCM, 18 July 2016; and Mine Ban Treaty Article 7 Report (for calendar year 2015), Form G, 13 May 2016.

[101] Mine Ban Treaty Article 7 Report (for calendar year 2015), Form G, 13 May 2015.

[102] Responses to Monitor questionnaire by Esperanza Giraldo, Paz y Democracia, 28 April 2015; by Ana Milena Londoño P., ASOVIMASC, 3 May 2015; by Johana Huertes Reyes, HI Colombia, 22 May 2015; and by Luz Estela Navas, CCCM, 20 July 2015; and Avances del Marco Lógico (Logical Framework Progress), HI, 9 July 2015.

[103] ICRC, “Annual Report 2015,” Geneva, May 2016, pp. 281–283.

[104] Response to Monitor questionnaire by Johana Huertes Reyes, HI Colombia, 31 May 2016.

[105] Response to Monitor questionnaire by Andrea Beltran, CIREC, 27 April 2016.

[106] Response to Monitor questionnaire by Rosa Palacios, Edwin Villanueva, and Sonia Juliana Fonseca, Pastoral Social, 31 May 2016.

[107] Concluding observations on the initial report of Colombia by the Committee on the Rights of Persons with Disabilities, unedited version, 31 August 2016, p. 11.

[108] Responses to Monitor questionnaire by Johana Huertas Reyes, HI Colombia, 22 May 2015; by Claudia Patricia Bernal, Colombianitos, 24 April 2015; and by Esperanza Giraldo, Paz y Democracia, 28 April 2015.

[109] Responses to Monitor questionnaire by Rosa Palacios, Edwin Villanueva, and Sonia Juliana Fonseca, Pastoral Social, 31 May 2016; and by Johana Huertas Reyes, HI Colombia, 31 May 2016.

[110] Response to Monitor questionnaire by Johana Huertes Reyes, HI Colombia, 31 May 2016.

[111] Email from Ana Milena Londoño P., ASOVIMASC, 3 May 2015; “Foro: Minas antipersonales y derechos de los sobrevivientes en Colombia, un reto del presente” (“Forum: Antipersonnel mines and survivors’ rights in Colombia, a challenge of today”), Bogota, 8 July 2015.

[112] Responses to Monitor questionnaire by Claudia Patricia Bernal, Colombianitos, 24 April 2015; and by Luz Estela Navas, CCCM, 20 July 2015.

[113]Foro: Minas antipersonales y derechos de los sobrevivientes en Colombia, un reto del presente” (“Forum: Antipersonnel mines and survivors’ rights in Colombia, a challenge of today”), Bogota, 8 July 2015.

[114] Notes from Monitor field missions, 29 March–4 April 2016.

[115] ICRC, “Annual Report 2015,” Geneva, May 2016, pp. 281–283.

[116] “Programa ‘Familias en sus Tierras’” (“‘Families in their Lands’ Program”), response to Monitor questionnaire by Johana Huertas Reyes, HI Colombia, 31 May 2016.

[117] Responses to Monitor questionnaire by Johana Huertas Reyes, HI Colombia, 22 May 2015; and by Esperanza Giraldo, Paz y Democracia, 28 April 2015.

[118] Responses to Monitor questionnaire by Rosa Palacios, Edwin Villanueva, and Sonia Juliana Fonseca, Pastoral Social, 31 May 2016; and by Johana Huertas Reyes, HI Colombia, 31 May 2016.

[119] Response to Monitor questionnaire by Lucy Johana Salgado Sanchez, DAICMA, 26 August 2015.

[120] United States (US) Department of State, “Country Report on Human Rights Practices – Colombia 2015,” Washington, DC, June 2016, p. 42.

[121] Decree 366, 2009; Ministerial directive No 15, 2010; and response to Monitor questionnaire by Lucy Johana Salgado Sanchez, DAICMA, 16 June 2016.

[122] Responses to Monitor questionnaire by Lucy Johana Salgado Sanchez, DAICMA, 16 June 2016; and by Johana Huertes Reyes, HI Colombia, 31 May 2016.

[123] Responses to Monitor questionnaire by Rosa Palacios, Edwin Villanueva, and Sonia Juliana Fonseca, Pastoral Social, 31 May 2016; and by Johana Huertas Reyes, HI Colombia, 31 May 2016.

[124] Notes from Monitor field mission, 1 April 2016.

[125] Responses to Monitor questionnaire by Johana Huertes Reyes, HI Colombia, 22 May 2015; and by Esperanza Giraldo, Paz y Democracia, 28 April 2015.

[126] See the PAPSIVI website; and response to Monitor questionnaire by Luz Estela Navas, CCCM, 18 July 2016.

[127] Responses to Monitor questionnaire by Rosa Palacios, Edwin Villanueva, and Sonia Juliana Fonseca, Pastoral Social, 31 May 2016; and by Johana Huertas Reyes, HI Colombia, 31 May 2016. In 2015–2016, the program altered its definition of “victim” to be based on the concept of resilience.

[128] Response to Monitor questionnaire by Johana Huertes Reyes, HI Colombia, 31 May 2016; and email, 16 September 2016.

[129] Response to Monitor questionnaire by Lucy Johana Salgado Sanchez, DAICMA, 16 June 2016.

[130] Response to Monitor questionnaire by Rosa Palacios, Edwin Villanueva, and Sonia Juliana Fonseca, Pastoral Social, 31 May 2016.

[131] Notes from Monitor field mission, 5 April 2016.

[132] Responses to Monitor questionnaire by Johana Huertes Reyes, HI Colombia, 31 May 2016.

[133] Ibid.; and Colombia’s Humanitarian Response Plan for 2016, updated November 2015.

[134] ICRC, “Annual Report 2015,” Geneva, May 2016, p. 280.

[135] Law 1448 of 2011, known as Ley de Víctimas y Restitución de Tierras (the Victims and Land Restitution Law).

[136] Responses to Monitor questionnaire by Lucy Johana Salgado Sanchez, DAICMA, 16 June 2016.

[137] Response to Monitor questionnaire by Luz Estela Navas, CCCM, 18 July 2016; and interview with ADISMAM members, Monitor field mission, 5 April 2016.

[139] The Human Rights Committee considered the seventh periodic report of Colombia (CCPR/C/COL/7) on 19 and 20 October 2016 and concluding observations were adopted on 1 November 2016. Paragraphs 22 and 23 of the unedited observations, which refer “Manual eradication of coca crops by peasants,” include these recommendations.

[140] Response to Monitor questionnaire by Lucy Johana Salgado Sanchez, DAICMA, 16 June 2016.

[141] Responses to Monitor questionnaire by Rosa Palacios, Edwin Villanueva, and Sonia Juliana Fonseca, 31 May 2016; by Johana Huertes Reyes, HI Colombia, 31 May 2016; and by Andrea Beltran, CIREC, 27 April 2016.

[142] Notes from Monitor field missions, 29 March–4 April 2016.

[143] Response to Monitor questionnaire by Johana Huertes Reyes, HI Colombia, 31 May 2016.

[144] ICRC, “Annual Report 2015,” Geneva, May 2016, p. 280.

[145] Responses to Monitor questionnaire by Lucy Johana Salgado Sanchez, DAICMA, 16 June 2016; and by Luz Estela Navas, CCCM, 18 July 2016.

[146] Responses to Monitor questionnaire by Johana Huertas Reyes, HI Colombia, 31 May 2016; and email, 16 September 2016; and Circular 010 of March 2015.

[147] Responses to Monitor questionnaire by Johana Huertas Reyes, HI Colombia, 31 May 2016; and by Luz Estela Navas, CCCM, 18 July 2016; and Decree 056 of 14 January 2015 by the Ministry of Health.

[148] Email from Johana Huertas Reyes, HI, 16 September 2016.

[149] Responses to Monitor questionnaire by Luz Estela Navas, CCCM, 30 April 2014; by DAICMA, sent by Oscar Ivan Ortiz Bohorquez, DAICMA, 2 May 2014; and by Claudia Patricia Bernal, Colombianito, 24 April 2015.

[150] US Department of State, “Country Report on Human Rights Practices – Colombia 2015,” Washington, DC, June 2016.

[151] Concluding observations on the initial report of Colombia by the Committee on the Rights of Persons with Disabilities, unedited version, 31 August 2016, p. 1.

[152] Ibid., p. 3.

[153] “Ley 1618: Por Medio de la Cual se Establecen las Disposiciones para Garantizar el Pleno Ejercicio de los Derechos de las Personas con Disacapacidad” (“Law 1618: Which Establishes the Regulations to Guarantee the Rights of Persons with Disabilities”), 27 February 2013.

[154] Mine Ban Treaty Article 7 Report (for calendar year 2014), Form J.

[155] Response to Monitor questionnaire by Lucy Johana Salgado Sanchez, DAICMA, 16 June 2016.

[156] Response to Monitor questionnaire by Rosa Palacios, Edwin Villanueva, and Sonia Juliana Fonseca, Pastoral Social, 31 May 2016.

[157] Concluding observations on the initial report of Colombia by the Committee on the Rights of Persons with Disabilities, unedited version, 31 August 2016, pp. 4 and 11.

[158] Decree 366, 2009; Ministerial directive No 15, 2010; and response to Monitor questionnaire by Lucy Johana Salgado Sanchez, DAICMA, 16 June 2016.

[159] Response to Monitor questionnaire by Lucy Johana Salgado Sanchez, DAICMA, 16 June 2016.

[160] Responses to Monitor questionnaire by Rosa Palacios, Edwin Villanueva, and Sonia Juliana Fonseca, National Secretariat, Pastoral Social, 31 May 2016; and by Johana Huertes Reyes, HI Colombia, 31 May 2016.

[161] Response to Monitor questionnaire by Johana Huertes Reyes, HI Colombia, 31 May 2016.

[162] Response to Monitor questionnaire by Andrea Beltran, CIREC, 27 April 2016.

[163] Response to Monitor questionnaire by Johana Huertes Reyes, HI Colombia, 31 May 2016.