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Human Rights Through The Rule of Law

Colombia

Special Intiative on Gender, Non-Impunity and International Law (SIGNAL)

The mission of the Special Initiative on Gender, Non-Impunity and International Law (SIGNAL) is to insure that the Justice and Peace Law(JPL), or law 975 of 2005, and other transitional justice processes in Colombia are implemented in conformance with international law requiring gender equality and set standards on gender crimes and inclusive participation. SIGNAL seeks to provide technical legal expertise to the groups responsible for implementing the JPL initiative passed in Colombia in the form of legal trainings for nonprofit law organizations, judges and prosecutors, women's groups and parliamentarians on international legal advances for gender crimes redress to ensure that disarmament, demobilization, and reintegration (DDR) processes conform to the spirit and intent of international law.

Key Goals:

  • To train women leaders in the use and application of key international laws, such as CEDAW, UNSCR 1325 and the Rome Statute of the ICC.
  • To prepare a full analysis of the JPL statute, legislative history and regulations, including gender parity requirements and compliance in its decision making processes; and review the criminal accountability sections, including any references to the local penal code such as any proposed utilization of the domestic penal code rape law.
  • To make complete recommendations in collaboration with Colombian partners and in consultation with legal experts, on ways to amend, add or change the JPL regulations, issue interpretations and to have congresswomen seek judicial advisory opinions, all in order to assure that the JPL implementation does not proceed out of compliance with international law on gender.



Colombia is a leader in Latin America and the world when it comes to incorporating international standards into domestic law.In 2006, one of the most groundbreaking legal decisions for women's rights and reproductive rights globally was made by the Colombian Constitutional Court, based on its incorporation of international law and standards in the Constitutional interpretation of abortion rights. The decision has caused shock waves throughout Latin America and other parts of the world for using international law to reform local laws on abortion. Similarly, SIGNAL seeks to work with Colombia's implementation of its new JPL to demobilize paramilitaries in order to ensure a gender perspective is used. One of SIGNAL's goals is to see Security Council Resolution 1325 - which ensures women are equal partners in conflict resolution and post-conflict reconstruction and justice processes - cited as a legal authority at the Justice and Peace Law Tribunal. SCR 1325 has never before been cited as a legal authority and doing so would exponentially strengthen the Resolution as a more effective legal tool for all women and a justification for greater gender equality in Colombia. This, in turn, could inspire domestic legislation that reflects equality for women in access to justice and peace. With judges such as those set to implement the new JPL, Colombia could pave this road for women's equality in demilitarization processes in Colombia and globally.

To this end, the SIGNAL has partnered with Corporación Humanas (Humanas), a prominent NGO based in Chile, with offices in Bogotá and throughout Latin America, in working to promote gender equality in the region and to ensure a gender perspective is implementing Colombia's new JPL to demobilize paramilitaries. In the fall of 2007, SIGNAL organized a series of seminars/workshops to provide tools and technical support to utilize international law to protect women in Colombia.

Colombia has ratified the following international treaties, which can be applied domestically to promote justice for women victims of sexual violence as part of resolving the conflict in the country: Rome Statute of the International Criminal Court in 2002, CEDAW in 1982, the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women "Convention of Belem do Para," and the ICCPR and the ICESCR in 1966. In addition, Colombia has affirmative obligations under Security Council resolution 1325 to recognize both the unique impact of conflict on women and the unique role they can play in conflict resolution and democracy building processes (for a complete list of international treaties ratified by Colombia: http://www.icrc.org/ihl.nsf/Pays?ReadForm&c=CO ). The GJC will utilize the international instruments that Colombia has ratified to provide women with legal arguments and advocacy techniques to ensure the JPL Tribunal uses the highest standards of international criminal law in the prosecution of gender-based crimes. Most notably, Colombia's ratification of the Rome Statute of the International Criminal Court demonstrates a commitment to its implementation in national law. In addition, Colombia is a state party to CEDAW, the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women "Convention of Belem do Para," UN Security Council Resolution 1325 on women, peace and security and other international laws, which can be applied domestically to promote justice for women victims of sexual violence as part of resolving the conflict in Colombia. The GJC will also provide assistance in monitoring legislative work in the field of human rights and justice for women during the implementation of the JPL, as well as provide support to litigation initiatives of cases that will impact and change women's human rights.

Ensuring long-term stability requires that half of Colombia's population - and in many cases those most affected by criminal violence by paramilitaries - take part in Colombia's rehabilitation process. For good reason, SCR 1325 has recognized both the unique impact of conflict on women and the unique role they can play in conflict resolution and democracy building processes.

http://www.womenwarpeace.org/colombia/colombia.htm