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COLOMBIA

Government forces

There were no indications of government forces recruiting under-18s as soldiers. However, reports emerged of children being used for intelligence work or as informants, sometimes in exchange for cash or gifts. On 19 May 2003 it was reported that members of the Colombian army offered 15,000 Colombian pesos to an 11-year-old boy for information about the Humanitarian Area “Esperanza de Dios”, department of Chocó.46

Children and young people have also reportedly been offered economic incentives to become involved in the conflict as “peasant soldiers”.47 The “peasant soldier” scheme, launched by the Colombian government at the end of 2002, aimed to increase the size of the military by creating a peasant army of 20,000 troops. The government also hoped to create a network of peasant informers who would supply the army with intelligence.48

The government continued its “soldier for a day” program to expose children to the army through recreational activities and visits to military facilities. In some regions, the national army also reportedly used children to encourage members of their families to desert armed groups. For example, in Arauca army personnel allegedly gave children fake Colombian banknotes with a message on the back inviting people to abandon armed groups.49 On 19 May 2003, the Attorney General requested the withdrawal of the “soldier for a day” program in Arauca, claiming that it was a risk to children’s lives.50

On 5 August 2002 the Colombian government ratified the Rome Statute of the International Criminal Court, which defines the recruitment of children under the age of 15 as a war crime. However, when ratifying, the government made a declaration under Article 124 of the Statute, stating that it would not accept the jurisdiction of the Court over war crimes committed by its nationals or on its territory for seven years after the Statute entered into force in Colombia (1 November 2003). A declaration under Article 124 may be withdrawn at any time.51

Non-state armed groups

Non-state armed groups and paramilitaries continued to recruit and use children, including children under the age of fifteen, in different regions of Colombia such as Alto Naya52 and Tierradentro.53 According to a report published in September by Human Rights Watch, more than 11,000 children were fighting in irregular armies, including paramilitaries and urban militias.54 Children interviewed by Human Rights Watch said they joined when they were 14 or younger. Both girls and boys said they received military training at around age 13 and that participation in combat came soon afterwards.55

Regulations of the Fuerzas Armadas Revolucionarias de Colombia, the Revolutionary Armed Forces of Colombia (FARC) stipulated that fifteen was the minimum age for recruitment but this standard was not respected. FARC members reportedly pressured indigenous people to become involved in the armed conflict56 and media reports in May and June indicated that the FARC had recruited adolescents from native Amazonian tribes in Brazil.57 According to the Colombian authorities a 10-year-old boy used by the FARC to deliver a bomb was killed on 17 April 2003 after the bicycle he rode up to a military checkpoint exploded.58 Female recruits in the FARC, who reportedly made up one third of their forces, were subjected to sexual harassment and forced to use birth control or have abortions if they became pregnant. 59 In June 2003 a pregnant girl abandoned the FARC and, according to military sources, declared that she had been victim of sexual abuse.60

The Ejército Nacional de Liberación, National Liberation Army (ELN), also recruited children including in violation of their own internal regulations which put fifteen as the minimum recruitment age. Reports indicate that some indigenous families fled their homes to avoid recruitment by the ELN.61

Children were recruited and used by paramilitary groups such as the government-linked Colombian United Self-Defence Groups, the Autodefensas Unidas de Colombia (AUC), and in some cases were offered a salary of US $100 or more62 or provided with money or clothes in exchange for services.63 The AUC has established 18 as the minimum age for recruitment, but continued to recruit children, including under 15s. Human Rights Watch reported that of 12 former AUC combatants it interviewed, only three were aged 15 or above when recruited.64

Demobilization and child protection programs

On 22 January 2003 the government published Decree 128, which amended Laws 548 (1999) and 782 (2002), dealing with the reintegration of voluntarily demobilized soldiers, including child soldiers. Article 22 of Decree 128 forbids the use of children in intelligence activities by any group, including armed forces.65 However Article 13 of the decree could provide amnesty for paramilitaries and members of armed groups who recruit or use children in hostilities.66

According to the Colombian Defence Ministry, 110 children were demobilized between January and June 2003. Most had escaped or were captured by government forces.67 On 12 June 2003 AUC released 40 soldiers aged between 14 and 17 to the government and UNICEF for demobilization.68 The Colombian press reported that the ELN had also liberated some child soldiers.69 On 20 August, the Colombian High Commissioner for Peace announced that the demobilization of AUC members would begin in September and that by the end of the year between 1,500 and 2,000 members of AUC would be demobilized. It was not known whether any special provision would be made for children.70

Recommendations

  • The United Nations (UN) Security Council should encourage the Colombian government to complete the process of ratifying the UN Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (CRC-OP-CAC), and to declare its commitment to a “straight-18” standard for recruitment.
  • Non-state armed groups including paramilitaries should declare their commitment to the CRC-OP-CAC and also a “straight-18” standard for recruitment.
  • The UN should urge the government to withdraw its declaration under Article 124 of the Rome Statute.
  • The UN should increase its dialogue with all parties to the conflict in Colombia, calling on them to respect international law prohibiting the recruitment and use of children.
  • UN agencies working to demobilize and reintegrate child soldiers in Colombia should ensure appropriate coordination mechanisms with other multilateral, international and local organizations working on this issue.
  • Disarmament, demobilization and reintegration programs should take into account the specific needs of girls, indigenous and afro-Caribbean children, former child soldiers who have attained the age of majority, and other vulnerable youth who may be marginalized from existing processes.
  • UN agencies should encourage the Colombian government to revise military and criminal code provisions regarding children who take part in hostilities or are recruited into armed forces or groups, in accordance with international standards of juvenile justice.
  • The UN should encourage the Colombian government to provide alternatives to military recruitment, such as increasing employment and education opportunities. The Colombian government should also be encouraged to eliminate the “soldier for a day” program that promotes a military culture among children.


46 Comisión Intereclesial de Justicia y Paz, Informe ejecutivo 23, Acción preventiva Cacarica-Cavida. 21st May 2003. Cited in Coalition against the involvement of boys, girls and youth in the armed conflict in Colombia, June 2003.

47 Comisión Intereclesial de Justicia y Paz, Informe ejecutivo 24. Acción preventiva Cacarica-Cavida. 27th May 2003. Cited in Coalition against the involvement of boys, girls and youth in the armed conflict in Colombia, June 2003.

48 BBC World News, 17 June 2003.

49 Revista Semana “La reconquista de Arauca”, febrero 2 al 8 de 2003. Cited in Coalition against the involvement of boys, girls and youth in the armed conflict in Colombia, June 2003.

50 Banco de Datos de Derechos Humanos y Violencia Política, Cinep & Justicia y Paz, Boletín No. 6, diciembre 19 de 2003 a 10 de febrero de 2003, Cited in Coalition against the involvement of boys, girls and youth in the armed conflict in Colombia, June 2003.

51 Coalición contra la vinculación de niños, niñas y jovenes al conflicto armado en Colombia, “Análisis jurídico de legislación internacional y colombiana”, January 2003

52 Informe de la Comisión humanitaria de verificación del Alto Naya, Santander de Quilichao – Colombia, entre los días 5 y 11 de abril de 2003. ONIC, CRIC, ORIVAC, ACIN, ACIVA RP, Comité de Desplazados del Alto Naya, CORPOJURÍDICA AC, CODHES, MINGA, REDEPAZ, Fundación Hemera, la Defensoría del Pueblo Delegada para el Naya, Secretaría de Gobierno de la Gobernación del Cauca. Cited in Coalition against the involvement of boys, girls and youth in the armed conflict in Colombia, June 2003.

53 Asociaciones de Cabildos Indígenas Juan Tama y Nasa Çxhaçxha, Asociación Campesina de Inzá - Tierradentro, Comunicado a la opinión pública, February 2003

54 Human Rights Watch, You’ll Learn Not to Cry”, Child Combatants in Colombia, September 2003.

55 Human Rights Watch submission to the UN’s Special Representative to the Secretary-General for children in armed conflict, 7 July 2003.

56 Interview with a social assistant for the indigenous communities of Vaupes region. Second term of 2003, cited in Coalition against the involvement of boys, girls and youth in the armed conflict in Colombia, June 2003; Martha Colorado, Ruta Pacifica, "En Colombia las mujeres tejen lazos amorosos en medio de la guerra", April 2003.

57 “Guerrilha colombiana atua na Amazônia, diz arcebispo,” Jornal do Senado, 27 June 2003; “Brazil fears FARC recruiting,” CNN, 21 May 2003; “Rio Police Seize Cocaine Linked to Colombia’s FARC,” The Washington Post, 21 May 2003.

58 BBC News, 18/04/2003; UNICEF-Colombia, Situation Report, 22/04/2003.

59 Defensoria del Pueblo y UNICEF, “La niñez en el conflicto armado colombiano”. Boletín La niñez y sus derechos No 8, December 2002. http://www.defensoria.org.co/espanol/informes/pdfs/informe_9.pdf

60 El Tiempo, ”34 desertores de la guerrilla y de los paramilitares se reinsertarán en Valle y Antioquia”, Junio 9 de 2003

61 El Tiempo, 28 de Febrero, 2003, “Indígenas kankuamos del Cesar huyen de reclutamiento del Eln”, cited in Coalition against the involvement of boys, girls and youth in the armed conflict in Colombia, June 2003.

62 El Tiempo, “Paramilitares de Córdoba envían cadáveres de sus combatientes al barrio donde vivían”, Abril 1 de 2003, cited in Coalition against the involvement of boys, girls and youth in the armed conflict in Colombia, June 2003.

63 Interviews with young people, Coalition against the involvement of boys, girls and youth in the armed conflict in Colombia, June 2003.

64 Human Rights Watch submission to the UN’s Special Representative to the Secretary-General for children in armed conflict, 7 July 2003.

65 Coalition to Stop the Use of Child Soldiers, 1379 Report, November 2002.

66 Decreto número 128 de 2003. http://bib.minjusticia.gov.co/normas/decretos/2003/d01282003.htm.

67 http://www.mindefensa.gov.co/desmovilizacion/desmovilizados_estadistica_200301_a_0612.xls

68 UN news, “Colombia: UNICEF welcomes demobilization of 40 child soldiers”, 13 June 2003

69 BBC World, 13 June 2003.

70 “Colombia: paras se desmobilizan”, BBCMundo.com, 23 August 2003.


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January 2003