November 8, 2012

Methodology

This report is based on research conducted by Human Rights Watch researchers in Bogotá, Cali, Cartagena, and Medellín between December 2011 and October 2012. We chose these locations because they are areas that receive a large number of displaced persons and, as department capital cities, they should provide a picture of victims’ best access to good quality services after gender-based violence.[1]

Human Rights Watch researchers carried out interviews with 80 displaced women and girls, all of whom were survivors—or family members of survivors—of gender-based violence. Of these, 67 sought services for sexual or intra-familial violence. Human Rights Watch also interviewed the lawyers of four additional displaced women and girls who had been victims of sexual violence and sought to legally terminate pregnancies resulting from the violence. In addition, Human Rights Watch conducted 65 interviews with rights advocates, service providers, and other civil society representatives who have worked extensively with victims. Human Rights Watch also met with 46 local and national authorities, including local and national officials from the attorney general’s office, the national police, the National Institute for Legal Medicine and Forensic Sciences, the inspector general’s office, the national ombudsman’s office, municipal officers, local “justice houses,” the Department for Social Prosperity, the Colombian Institute of Family Welfare (ICBF), the Agency for Family Services, and the presidential advisor for equity of women. In Bogotá Human Rights Watch met with diplomats, experts on Colombian security issues, and United Nations (UN) officials. Nearly all interviews were conducted in Spanish (the sole exceptions are interviews with diplomats or foreign staff at international organizations). Human Rights Watch received and reviewed documents, reports, policies, and case files from multiple sources.

Interviewees were identified with the assistance of civil society groups, government officials, and other victims. Most interviews with victims were conducted individually in private settings, except in a few instances where interviewees preferred to speak in small groups.

Several interviewees expressed fear of reprisals and for that reason requested to speak anonymously. Details about individuals have been withheld if information could place a person at risk, but are on file with Human Rights Watch. All victims have been provided pseudonyms.

In most instances, interviews were conducted in person. In a small number of cases, follow-up interviews were conducted telephonically.

All victims interviewed provided oral informed consent to participate. Individuals were assured that they could end the interview at any time or decline to answer any questions, without any negative consequences. All participants were informed of the purpose of the interview, its voluntary nature, and the ways information would be collected and used. Care was taken with victims to minimize the risk that recounting their experiences could further traumatize them.

No interviewee received compensation for providing information. Some interviewees received reimbursement for transportation expenses they incurred while traveling to the interviews. Where appropriate, Human Rights Watch provided contact information for organizations offering legal, counseling, health, or social services.

In this report, the word “child” refers to anyone under the age of 18, with “girl” referring to a child.

Gender-based violence is used throughout this report to mean violence targeted at or disproportionately affecting an individual or group on the basis of their gender, including sexual and intra-familial violence. This can include a wide array of violence that results in physical, sexual, or psychological harm, including sexual violence and intra-familial violence.[2] The term sexual violence as used in this report encompasses violence that falls within the definitions of sexual crimes under Colombia’s criminal code—rape, sexual assault, and sexual abuse of a person 14 years of age or less.[3] Intra-familial violence is used according to its definition in Colombia’s criminal code—physical or psychological maltreatment of any member of the nuclear family or of a person under the care of members of the household or residence.[4]

The experiences documented in this report are drawn both from victims themselves and from government or NGO representatives with direct experience working with displaced women and girls who have suffered sexual or intra-familial violence. The findings are not a statistical representation of the entire displaced population, but indicate what kinds of obstacles displaced women and girls must overcome in seeking services and accountability after acts of sexual or intra-familial violence. A limitation in the research was the difficulty of identifying women and girls who had not only experienced gender-based violence, but had also sought services from government agencies, as many victims of gender-based violence do not seek such services.

As described in this report, some victims of violence in Colombia fear retaliation if they disclose the abuse they have suffered, so it is possible that some women and girls interviewed by Human Rights Watch recounted only parts of their full experience. For this reason, Human Rights Watch relied on multiple types of sources to establish the broadest possible view of the gaps in implementation of the government’s normative framework on gender-based violence. The report discusses similar trends found in the government response to gender-based violence against displaced women and girls in the four cities of Bogotá, Cali, Cartagena and Medellín.

[1] According to government statistics, Bogotá, Cali, Cartagena, and Medellín received 320,518; 82,896; 71,361; and 222,945 displaced persons, respectively, between 1998 and the first quarter of 2011. Departamento de Prosperidad Social, Estadísticas de población desplazada, http://www.dps.gov.co/contenido/contenido.aspx?catID=621&conID=556&pagID=838 (accessed September 19, 2012).

[2] The Committee on the Elimination of Discrimination against Women has defined gender-based violence as “a form of discrimination that seriously inhibits women's ability to enjoy rights and freedoms on a basis of equality with men.” UN Committee on the Elimination of Discrimination against Women, General Recommendation 19, Violence against Women, (Eleventh session, 1992), Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI\GEN\1\Rev.1 (1994) (hereinafter General Recommendation 19), p. 84, para. 1. Types of violence that might constitute this type of violence include violence against women, as defined by the United Nations to include “violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.” United Nations Declaration on the Elimination of Violence Against Women, December 20, 1993, G.A. res. 48/104, 48 U.N. GAOR Supp. (No. 49) at 217, U.N. Doc.  A/RES/48/104 (1993), http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N94/095/05/PDF/N9409505.pdf?OpenElement (accessed August 10, 2012), art. 1. This encompasses “(a) physical, sexual and psychological violence occurring in the family, including battering, sexual abuse of female children in the household, dowry-related violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation; (b) physical, sexual and psychological violence occurring within the general community, including rape, sexual abuse, sexual harassment and intimidation at work, in educational institutions and elsewhere, trafficking in women and forced prostitution; and (c) physical, sexual and psychological violence perpetrated or  condoned by the State, wherever it occurs.” Ibid. The 1995 Beijing Platform for Action provided an expanded definition to include violations of the rights of women in situations of armed conflict, including systematic rape, sexual slavery and forced pregnancy; forced sterilization, forced abortion, coerced or forced use of contraceptives; prenatal sex selection and female infanticide. Beijing Declaration and the Platform for Action: Fourth World Conference on Women, U.N. Doc. A/CONF.177/20 (1995), http://www.un.org/womenwatch/daw/beijing/pdf/BDPfA%20E.pdf (accessed August 10, 2012), paras. 112-17.

It further recognized the particular vulnerabilities of women belonging to minorities: the displaced; indigenous, refugee and migrant communities; women living in impoverished rural or remote areas, or in detention.

[3] See Criminal Code of Colombia, Law 599/2000, arts. 205-212.

[4] See Law 599/2000, art. 229, as modified by Law 1142 of 2007, art. 33.