Loading...

La visión de PGA es contribuir a la creación de un orden internacional basado en el imperio de la ley para un mundo más equitativo, seguro, sostenible y democrático.

35° Foro Anual de Parlamentarios para la Acción Global

PGA held its 35th Annual Forum in Bogota, Colombia on the topic of "Building a stable and durable peace: the role of parliamentarians in support of peace processes".
PGA held its 35th Annual Forum in Bogota, Colombia on the topic of "Building a stable and durable peace: the role of parliamentarians in support of peace processes".

Building a Stable and Durable Peace: The Role of Parliamentarians in Support of Peace Processes

December 09-10 2013 | Parliament of Colombia, Bogotá

PGA held its 35th Annual Forum in Bogota, Colombia on the topic of "Building a stable and durable peace: the role of parliamentarians in support of peace processes" to contribute to generate parliamentary support to the peace process in Colombia in order to end a war of over 50 years.

At the opening session, the Master of Ceremony welcomed and thanked members of PGA for joining the important process of reaching stable and lasting peace in Colombia and supporting efforts to end the war that has ruled the country for so many decades. Letters of support from PGA members in the U.S. Congress and the Canadian and European Parliaments were highly appreciated by the Parliament of Colombia.

The President of the Senate of Colombia, Honourable Senator Juan Fernando Cristo, welcomed participants; described Colombia’s armed conflict as having deep social and political roots, and suggested that Colombia finally might find a path to forgiveness and reconciliation. Colombia suffered all kinds of violence for five decades: national and international, rural and urban, and criminal activities from drug trafficking.

In certain cases, Colombia was successful: it signed a peace agreement with several groups in the '90s. In 2000-2004 many groups were disarmed. Today, Colombians are witnessing a peace process that has been on-going for one year in Havana with important support from the international community, Cuba, Norway and the UN. To overcome the conflict, Colombia must fight inequities and poverty. This process needs the support of PGA Members.

The President of the Republic has taken every risk to end this conflict despite scepticism and criticism. He believes that the majority of Colombians and parliamentarians support the 5 point agenda of the Havana process. Agreement has been reached on two important issues, namely rural development in Colombia and participation in politics. Three more points are under discussion at the time of this Forum, namely drug trafficking, the situation of victims, and disarmament. Allegedly, there are 5 million victims, of whom 80 percent are women, and, of those, 95 per cent are women who were displaced. Those victims are the ones that need to be acknowledged.

Less than a year ago a constitutional framework for peace was reached. Two months ago, a constitutional referendum was achieved that says that once there is a path to peace, Colombian citizens can vote yes or no on it. PGA’s contribution to this process will be very helpful for the long path ahead. On Dec. 9th 2013, the day of the beginning of the forum, the FARC had agreed to a one-month ceasefire starting on Dec. 15th.

The President of the House of Representatives of Colombia, Hon. Hernán Penagos Giraldo, MP, welcomed participants and explained that the Havana process is an opportunity that has never existed for Colombia before. To achieve stable and long-lasting peace, the legal framework of peace will be very important. In Colombia, the conflict is a sui generis conflict, different from other situations in the world. This conflict needs different solutions than other historic conflicts.

During his remarks, Hon. Mg. Jorge Iván Palacio, President of the Constitutional Court of Colombia, mentioned that Colombia is one of the countries with the largest homicide rates in the world.  Forgiveness has an individual dimension.  He represents forgiveness from the side of the state, as known under the term “amnesty.” States may forgive criminal actions under certain circumstances. Recently many transitional justice solutions have developed. The individual part of forgiveness is more complex since it revolves around the inside of a person and concerns concepts of morality and religion. In his opinion, forgiveness is a personal decision and necessary for peace. He does not believe that amnesty is equal to impunity. He ended his speech noting that through forgiveness we can meet with each other one day, not as enemies, but as humans.

The President of PGA, H.V. Ross Robertson, MP, Assistant Speaker of the Parliament of New Zealand, welcomed participants. PGA is pleased to contribute to a peace process to end 50 years of armed conflict. PGA’s global leadership of over 1000 lawmakers from over 130 countries came to Colombia upon parliament’s invitation to support the search for durable and stable peace in Colombia. He supports the concept of, “One humanity living in one planet depending upon one and another”. He described PGA’s international framework for peacemaking including disarmament and the full implementation of the Arms Trade Treaty; domestic measures for accountability; complementarity jurisdiction of the ICC; eliminating root causes of conflict; and ensuring gender equality and the political participation of all.

On Dec. 10 International Human Rights day, participants will adopt and implement an outcome document supporting the Colombian peace process, which will be available for all MPs present to sign. He recalls that parliamentarians must remain focused on wishes of ordinary people to live in peace. It is important to remind legislators that many constituents are affected by illegal transfers of arms. MPs owe it to those people and their families to make sure to reach entry into force of the Arms Trade Treaty (ATT) as soon as possible. As President Santos stated at 68th UNGA, “My generation has not seen one single day of peace. My dream is for my children and all children of Colombia to see it and to leave this 50 years of conflict behind... change from bullets to words and replace this struggle with democracy and the rule of law.” In 1989, Hon. Arthur Robinson, member of PGA, tabled a resolution that led to the creation of the International Criminal Court. PGA has proven leadership in this sector of ratification and implementation of the Rome Statute of the ICC in the belief that peace and justice go hand in hand. No sustainable peace without justice.

Rep. Ivan Cepeda Castro, MP Colombia, Chair, Organizing Committee, PGA Annual Parliamentary Forum; Co-Chair of the Peace Committee; Vice-Chair of the Human Rights Committee offered an homage to Human Rights defender Nelson Mandela. The main objective is to end war, disarm and find reconciliation. Many attempts for peace through dialogue have been made but with no lasting outcome. It has been proven over time that a political agreement needs to be found to open the doors of reconciliation. After years of war, FARC guerillas and the government have achieved a convention to deal with armed conflict. Government has acknowledged that peace does not mean surrender and that political changes need to be made. On other hand, the guerillas have understood that it will not be on the negotiating table that they will get changes. The Peace Talks in Havana have reached results that are promising. Agreements have to be found on how to take mutual responsibilities towards victims. No country has ever overcome internal conflict by itself. Efforts by the international community are needed. He urged participants to make solving the conflict in Colombia a priority on the international agenda.  He suggested that MPs start “Friends of Colombia” groups in their parliaments; help to acknowledge armed conflict in Colombia on the international scene; and acknowledge the suffering of victims. Seek a balance between seeking justice for victims and reconciliation. Peace is built through seeking agreements, but also acknowledging the humanity of the enemy.

A message was read from the peace negotiators in Havana to the participants in the Forum thanking them for their support.

In Partnership with:

The Congress of Colombia – Senate and Chamber of Representatives
The City Hall of Bogotá

With the core support of:

Swedish International Development Cooperation Agency
Ministry of Foreign Affairs of Denmark
Stewart R. Mott Foundation

With support for PGA’s International Law and Human Rights Program from:

European Union
Humanity United
The Netherlands
Switzerland

With support for PGA’s Gender, Equality and Population Program from:

Open Society Foundations

With support for the Annual Forum from:

Royal Norwegian Embassy in Colombia
Ministry of Foreign Affairs Estonia
British Embassy in Colombia

1st Session: The international framework for peace-making, including disarmament and accountability mechanisms for conflict-deterrence and non-repetition of atrocities in a victim-centered approach

The panel was chaired by Hon. Mark Pritchard, MP (United Kingdom), Vice Chairman of the UK Latin America Parliamentary Group; Deputy Convenor of the International Law and Human Rights Program, PGA. The first speaker, Dip. Dr. Felipe Michelini (Uruguay), Convenor, PGA International Law and Human Rights Program, stated that peace is a precondition for human rights but can never replace justice. Dip. Michelini himself comes from a parliament that promotes peace. The right of free determination of peoples is important and no one can issue a recipe for Colombia on what to do. Instead he believes that parliamentarians from other countries can share their own experiences with Colombians. Freedom and justice are based on acknowledging the rights of all human beings. The Arms Trade Treaty (ATT) is an important initiative and on the regional level there are other instruments that are important guides for Colombia. Any peace treaty, in order to be sustainable, must follow the principle of non-repetition. The existence of justice makes society internalize that there are limits that cannot be trespassed. Reparation—both material and symbolic--and warranties of non-repetition, are important when saying never again. The Rome Statute, which places the victim in the center, should be kept in mind in this regard.

PGA Member Dep. Boniface Balamage Nkolo, Member of the National Assembly of the Democratic Republic of the Congo, encouraged the debate and exchange of ideas. Keeping peace and ensuring safety of all is one of the important obligations of society under the rule of law. Resolutions are adopted when there is a conflict, establishing also UN Missions on the ground. In the DRC, thanks to the support of the international community, peace conferences were organized. After five years of peace, armed groups came back into the eastern part of DRC, M23. Today, the DRC is at the phase of having the final resolution of war because there is a UN and civilian protection mission. Three weeks ago, armed forces were able to defeat M23 and all other internal forces are now surrendering their weapons because they cannot fight against an international army.

Dr. Ruth Wijdenbosch (Suriname), Deputy Speaker, National Assembly of Suriname; Member, PGA Executive Committee, focused on the issue of sexual violence in conflict and the importance of protection of civilians. Women and girls are the most vulnerable parts within society and suffer conflict-related sexual violence. Moreover, civilians not only suffer as direct victims of atrocities but also as indirect victims of displacement and deprivation of their rights. To fully understand the impact of conflict-related sexual violence, we need to look into the social and cultural context of this crime. It has been scientifically proven and confirmed by the Women’s Initiative for Gender Justice, that sexual violence in conflict becomes a particular problem in patriarchal systems based on domination and gender discrimination. Crimes of conflict-related sexual violence are massively underreported for several reasons. Often women encounter major obstacles to accessing justice systems. Even when women report these crimes they are often not taken seriously enough and therefore discouraged to speak out. In many conflicts around the world, rape has been used as a weapon of war. A very cheap weapon financially, but the negative impact it has on a society is tremendous. Impunity for international crimes, including systematic rape and sexual enslavement, acts to reinforce, rather than challenge, pre-existing norms and patterns of discrimination against women, both inside and outside of the conflict. There will be no long lasting peace without justice for all parties involved, especially victims of the most serious crimes against humanity.  The importance of the rule of law in democratic societies requires prosecution of international crimes. Dr. Wijdenbosch is promoting a victim-centered approach to the issue. Although it may seem that the immediate need for peace will often outweigh calls for justice, the International Criminal Court, acting as a court of last resort, can intervene on the basis of the Rome Statute, when national jurisdictions are unable or unwilling to act on violations of international criminal law. Only if there is justice, can forgiveness and reconciliation be achieved which will help society to heal and move forward. Therefore, it is important to ensure that any eventual peace agreement is compatible with the Rome Statute. For PGA, children who have been recruited into armed conflicts are always seen as victims and not as perpetrators. Peace negotiations should always be inclusive and ensure that all voices are heard, especially women, those living in rural areas, indigenous people, afro-descendants and other minorities.

Mr. Rodrigo Uprimny, Director of “DeJuSticia” - Center of Studies on Law, Justice and Society explained the international legal framework on peace processes. Thanks to pressure of movements against impunity, states have to guarantee that victims get justice and reparations. Victims should have guarantees of non-repetition. As peace processes are framed, states should find a way to harmonize their different obligations, especially obligations towards victims under international law.

During the open discussion from the floor, several MPs commented on the importance of women’s participation in peace processes. A Member of Parliament from Guatemala explained the experience from Guatemala and how his country also moved forward with ratifying the Rome Statute of the ICC. In Guatemala, massacres needed to be punished, even though the RS could not be applied retroactively. In cases like that, national laws must be used to protect victim’s rights.

2nd Session: Domestic measures for effective disarmament and the ratification and full implementation of the Arms Trade Treaty (ATT) was chaired by Hon. Navid Qamar, MP (Pakistan), PGA member and  former Minister of Defense, Pakistan

Senator Jim Walsh, Member of PGA's Executive Committee observed that in Ireland the issue of weapons can play a major role in fuelling the troubles and therefore praised the Colombian authorities on the prompt signing of the Arms Trade Treaty. He noted that while every conflict is different, lessons can be taken from the Irish experience which could assist peace process discussions. In Ireland, former leaders of terrorist organizations are now fully integrated into Political life. He offered an analysis of the historical and political evolution that took place in Ireland between the 1960s lead up to the signing of the Good Friday Agreement in 1998. In order to better illustrate the essential nature of achieving decommissioning in any peace-making process he outlined how these very fraught and protracted negotiations ultimately ended in a satisfactory conclusion, in the context of achieving a permanent peace in Ireland. The Independent International Commission on Decommissioning was set up in overseeing the decommissioning of paramilitary weapons in Northern Ireland. This was done by a joint act by both the British and Irish governments, made up of General John de Chastelain, Brigadier Tauno Nieminen and Donald C Johnson, and played a major role in bringing a successful conclusion to the peace process. The main aim of the commission was to:>

  • Consult both governments of Ireland and UK.
  • Devising and presenting set of proposals on how to achieve decommissioning.
  • Facilitate the process by observing, monitoring and assisting with decommissioning.
  • Reporting periodically on progress.

As part of the Good Friday Agreement, both sides committed to disarmament but as history would show this commitment was a difficult one to follow through on for many years. It led to a stop start devolution/decommissioning dance which ultimately ended in success for the peace process. The International Commission on Decommissioning was an example of the patience needed in a decommissioning process.  

In the context of Colombia, significant progress had been achieved in the context of “political participation” and rural development/land reform (recognizing that nothing agreed until everything agreed).  To quote President Santos himself:

“You cannot end a conflict of 50 years in 50 weeks”.

The stop-start nature of the peace process can be frustrating at times, but like General De Chastelain and his colleagues knew that over the long term, peace is achievable. It illustrated clearly that these conflicts may not be settled by security measures alone. Parliamentarians do and can make a difference when people recognize that the underlying causes of conflict must be comprehensively settled in order to ensure a sustainable lasting peace to which we all aspire.

Melanie Regimbal, Director of UNLIREC (Peru) congratulated the Government of Colombia for their efforts in the search for peace, as well as the conflicting parties for their achievements around the first two points of the negotiation agenda. Her presentation focused on the various measures of disarmament and the role played by parliaments and parliamentarians in their application, including in peace processes.  She shared how UNLIREC, Regional Centre for Disarmament Affairs Office of the United Nations is the only regional entity organization specializing in disarmament and non-proliferation in Latin America and the Caribbean and that its main function is to implement the decisions, instruments and commitments of Member States in the area of disarmament and non-proliferation at the national, regional and sub-regional levels.

Ms. Regimbal observed how, even just a few years ago, disarmament was seen as a minor issue on the agenda of peace and security. It looked just like inherited residue of the Cold War - a 'dated ' matter belonging to another era and separated from the real security problems of the day and away from peace processes. But now things had changed dramatically. Disarmament is front and centre of media reports, be it chemical, conventional or nuclear. Events of the past year in Syria and Iran have proven this to be the case.  This approach is extremely encouraging because it not only highlights the dangers of excess weapons to humanity, but also solutions that can be taken at the national level and through multilateral action to ensure the safety of all.  Disarmament and Peace are inextricably linked.

Earlier in 2013, the General Assembly of the United Nations made history with the adoption of the Arms Trade Treaty (ATT). This was the culmination of a long journey that started with a simple idea put forward in 1995 by a group of Nobel Laureates and then became a consensus-based process that included two diplomatic conferences held within the framework of the United Nations and hundreds of national, regional meetings and all the unfailing support of parliamentarians from all over the world and organizations such as Parliamentarians for Global Action. Prior to the ATT, there were no rules governing global trade in conventional arms. The absence of such rules left many gaps that made it easier for arms and ammunition flow to areas of conflict, which are purchased by pirates, terrorists and other criminals or which may even be used by governments groups engaged in systematic violations of human rights.

The ATT is a tool for States to confront and limit the diversion of arms to illicit networks and that we should not lose sight of the link between the lack of strict gun control and trafficking thereof. Therefore, Parliamentarians should seek to harmonize legislation and responses to the ATT with the measures they apply to combat arms trafficking and its obligations under the various international instruments in this field.

The ATT had generated great hope and now already 115 UN Member States have signed it and 8 have ratified.  UNLIREC has prepared several practical training tools relating to the ATT and PGA has made available a manual to guide Parliamentarians in the implementation of the ATT.  Parliaments around the world have an important role to play in promoting the ATT, far beyond their responsibilities in the ratification of treaties and the adoption of its implementing legislation. Applying Parliamentary controls, you can raise the standards of export control of weapons.

Dip. Oscar Alfaro Zamora MP (Costa Rica) expressed the deep solidarity of the people of Costa Rica with Colombia and in the latter’s quest for lasting peace.  Making a number of historical analogies, Dip. Zamora observed how greatly Costa Rica had benefited from promoting peace at all time, including in the conclusion of relevant international treaties in order to build a culture of peace. 

Insofar at the ATT was concerned, Dip Zamora observed that Costa Rica was one of the original promoters of it, together with Finland, Japan, Australia, Argentina, UK and Kenya. Dip Zamora recalled how he had the honor to present the draft resolution A/67/L.58, before the General Assembly of the United Nations.  On 19 September ratify this treaty, Costa Rica became only the 6th country to ratify the ATT. Within this proactive and dynamic foreign policy, Costa Rica remains committed to the fight against impunity against crimes against humanity, genocide and torture. Costa Rica ratified the Rome Statute of the ICC and following working of the Committee of International Relations in the Legislative Assembly of Costa Rica (which Dip. Zamora chairs), he expressed the hope that the Kampala Amendments to the Rome Statute could be adopted in April 2014.  Dip. Zamora also observed that, working with PGA, his Committee was working on a Bill to make legal adjustments required to implement cooperation with the jurisdiction of the International Criminal Court.

Furthermore, on 26 October, the General Assembly of the Latin American Parliament adopted a resolution urging their parliaments to approve these Amendments, representing an historic initiative. Dip. Zamora, in concluding, noted that Costa Rica was not a country without its own imperfections, but that it nevertheless served as a good example of the lasting benefits that permanent peace could bring.

Alberto Yepes, Director of Center for Human Rights (Colombia/Europe/United States) gave an overview of the engagement of civil society in the Colombian peace process.

3rd Session: Domestic measures for accountability, the complementary jurisdiction of the International Criminal Court (ICC) and the application of penalties that are alternative to imprisonment was chaired by Dip. Marisol Penafiel, MP (Ecuador)

Hon. Stephen Tashobya, MP (Uganda), Chair, PGA Uganda National Group; Chair, Legal and Parliamentary Affairs Committee, shared the views and ideas of MPs from all parties in Uganda who came together to fight impunity for international crimes. First, he recognized that the referral of the Northern Ugandan situation to the ICC was and remains a significant means to boost peace and weaken rebellion in Northern Uganda. Indeed this triggered the setting-up of an international arrest operation against Joseph Kony and the other indictees. The attempts to negotiate peace between the Lord’s Resistance Army (LRA) and the government of Uganda in Juba, was a direct pressure from the referrals to the ICC. Even though the final peace agreement was not signed, the government of Uganda decided to implement the Agreement on Accountability and Reconciliation. For example, the establishment of the War Crimes Division (now International Crimes Division) emanated from the Juba peace negotiations. The ICD has the jurisdiction to prosecute crimes under the Rome Statute, acting complementary to the ICC. Although, no suspect has been apprehended, Northern Uganda communities have, since 2006, enjoyed relative peace, when the LRA left Ugandan territories. But nevertheless, the pursuit for arrest of Kony has persisted in Central African Republic (CAR), mounting military pressure which is now having an important success, as Kony is negotiating his surrender to the CAR government.

Secondly, the adoption of the ICC Act (2010) reinforced the establishment of the ICD, creating the conditions for effective complementarity. At the PGA recent seminar on international criminal justice and challenges for domestic prosecutions, convened at the Parliament of Uganda, where all stakeholders engaged in the fight against impunity were present, a number of action points were reached that the ILHR Team is following up upon.

Thirdly, child-soldiers and former child-soldiers are victims of crimes against humanity of enslavement and as such cannot be held accountable for the commission of crimes. The children’s acts were guided by others, who are personally responsible for the crimes that they might have committed. As victims they are entitled to access to truth-seeking, judicial and reparative remedies for the wrongs that they have suffered. They also need to be educated and reintegrated in society through appropriate rehabilitation programmes.

Finally, the pursuit of justice is an integral process to attain stable and durable peace in any society. Parliamentarians play an oversight role to ensure that the policies are implemented effectively and transparently. The delivery of justice is the beginning of healing for victims and this leads to genuine reconciliation and hence durable peace. Justice will strengthen and consolidate peace.

Dr. David Donat Cattin, PGA Secretary-General-designate explained the issue of alternative penalties. The peace process in Colombia is the first one under the ICC. There are ways and means under which one can think of alternative measures to imprisonment which can replace imprisonment but still have strong punitive effects. One example is ineligibility to stand for public office. Goal of penal systems is to prevent crime and not only to punish. Justice has to be seen as a process, not merely as a result of a decision of a judge. Victims should participate and get what they are entitled to receive. Not all perpetrators can pay reparations. Convicted person could be obliged to make certain amount of his revenues to the victims over 10-20 years. This is not only reparative but also punitive. The term preferred is not “transitional justice,” but “justice.” In addition, there are a number of other features such as freezing and confiscation of assets or severe restrictions to personal liberty, such as the right to travel abroad. Individual could be obliged to have a registry or reside in a city of the country in which he does not interact with victims. All these punitive measures exist, for example, in Argentina. The RS is complementary to domestic courts and there is a maximum penalty of only 30 years and no minimum. Colombia is the first country in the world undergoing transition and coming up with a solution that may be acceptable to international community.

Rep. Guillermo Rivera, MP (Colombia), Member of Organizing Committee, PGA Annual Parliamentary Forum; Member of the Peace Committee, House of Representatives, explained complementarity jurisdiction and alternative penalties in the case of Colombia. International criminal systems offer many possibilities for countries like Colombia to find peace. For those who are opposed to this process, international crimes are crimes which sanctions must be translated in deprivation of freedom. Colombia will review possibilities of penalties. There cannot be amnesty for international crimes. Judicial investigations must be started to find those responsible.

In a lively debate on the ICC and the issue of justice and peace, MPs were able to agree that the main focus should be on the wellbeing of the victims. It is not easy to know who shot during a war, but it is easier to find out who gave the order and individualize the crime. There are exceptional circumstances/alternative justice mechanisms to stamp out impunity and prevent the crime from being committed again. Amnesty cannot be accepted and the truth must be told and acknowledged. If we can undertake procedures under which alternative penalties are applicable, we should endorse, as long as this improves the situation and prevents reoccurrence. We don’t live in a perfect system, but the Colombian peace process could show a way forward. Forgiveness is essential but what do we forgive if we do not know what happened? So justice is still important! Victims should agree on this justice process.

4th Session: Eradicating root causes of conflict: ensuring political participation of all, undertaking land reforms, and advancing gender equality and non-discrimination in peace and stabilization efforts chaired by Rep. Angela María Robledo (Colombia), Co-Chair of the Peace Committee, House of Representatives, Member of Organizing Committee, PGA Annual Parliamentary Forum

Ms. Rocío Londoño (Colombia), Professor, Department of Urban Sociology of the National University of Colombia, described the agreement on land reform which aims to have an impact on the root causes of conflict and to return land to victims. This agreement includes: access to property to 250,000 displaced families; restitution of 6 million hectares of abandoned lands; title and property rights to farmers; protection of agrarian areas; formalization of labor rights for rural population as well as access to housing and health services; trust fund for lands and peace; and sharing of information and know-how for agrarian development. There is a high inequality in the distribution of lands. Last national census took place in 1974.

Ms. Sandra Luna (Colombia), Ruta Pacífica de las Mujeres, presented a three-year report conducted by her organization – made up of 300 women NGOs - regarding the Commission of Women for Truth, Justice and Memory. Main focus on the agenda: elimination of violence against women, participation of women in public and private spaces; the need to demilitarize society and to address drug, human and arms trafficking, and displacements. It is important to prevent recidivism from former guerrilla members; utilize funds for infrastructure and promote a disarmament agenda; promote education for peace to change public policy and people’s minds/behaviors. Very important to increase visibility of women; recognition of indigenous women and their ancestral traditions; and address access of women to natural resources such as water and food security as well as their contribution to the economy and society.

Mr. Hugo Orlando Velásquez Jaramillo, MP (Colombia), Chair of the Human Rights Committee of the Chamber of Representatives, stated that the paradigm of the conflict in Colombia must change. Democracy, social inclusion, universal opportunity and participation for all are the new symbols. Access to security, education, health and lands are issues that amplify the conflict as these are needs of the society. Currently, there is a deficit in social capital. New order should be built on dialogue and consensus. Democracy is synonym of peace.

Dip. Margarita Stolbizer (Argentina), Member of PGA, reminded and congratulated participants on International Human Rights Day and highlighted that Argentina was celebrating its 30th anniversary as a democracy. She presented Argentina’s experience noting that in her country’s case there was no war, but a small group that took over the country and imposed fear and a systematic plan to assassinate and disappear opponents. She described the establishment of a National Commission on the Disappearance of Persons – Nunca Más – to build a collective memory and then, emerging from civil society, the social and legal condemnation. Importance of having public trials without revenge; this helped in Argentina to gain social confidence and legitimacy. Also relevant to have credible rules and institutions that promote peace and stability. These institutions are built with justice. With regards to women’s participation, Argentina has long endorsed UN Security Council Resolution 1325 on Women, Peace and Security and has mainstreamed a gender perspective. Two main points: women’s rights have been violated and women have been traditionally excluded from negotiation processes.

Ms. Margareta Cederfelt, MP (Sweden), Treasurer of PGA, Member of the Parliamentary Assembly of the OSCE described the nnecessity to build trust in society towards politicians and responsibility of MPs to be on the side of the people. A sustainable society requires a land reform that will allow them to take care of themselves. Women and girls suffer mostly in a conflict. She hhighlighted the recent decision by the Government of Colombia to appoint two women to its Peace Negotiation Team with a special responsibility to ensure that gender equality and non-discrimination considerations inform the peace making negotiations at all times.

Discussion followed that focused on ensuring the inclusion of women in peace negotiations and in underlining the role of women in peacebuilding on the formulation of the outcome document of the Forum. Issues discussed included the foundation of appropriate political, economic and social conditions for women to participate in public life; establishment of quotas and adjusting the legislative agenda to reflect a gender perspective (budget, allocation of resources, parity, and modification of labor laws).

Official presentation of the Letter of Support to the Peace Process to the Ambassadors of Cuba and Norway as guarantors of the peace process

5th Session: Supporting the Colombian peace process: Lessons-learned and outstanding challenges and obstacles, with particular attention to the fulfillment of victims’ rights and the attainment of durable peace, chaired by Dep. Alain Destexhe (Belgium), Member of the International Council, PGA, who congratulated all participants on the adoption of the Bogota Declaration, which was officially handed over to the Ambassadors of Cuba and Norway as guarantors of the peace process.

Ms. Gloria Flórez Schneider (Colombia), Parliamentarian of the Parlamento Andino; Member of PGA, highlighted problems faced by refugees and displaced persons due to conflict as well as challenges in the repatriation and protection of nationals that have fled to neighboring countries such as Venezuela and Ecuador. There is an urgent need to address human and arms trafficking. Some measures taken on this regard by the Parlamento Andino are: Statements and declarations of MPs around the world on peace; Formulating an agenda of peace from the victims’ perspective; and Creating a participation mechanism for refugees and displaced persons.

Father Francisco de Roux Rengifo, Head of the Jesuit Order of Colombia, underlined that the conflict in Colombia is unjust to everyone. Requested the support of all MPs to assist the country in making the structural changes needed in Colombia. There is a need to prioritize the truth and give reparations to the victims.  He described the nobility of offering forgiveness without impunity.

Mr. Kula Segaran, MP (Malaysia), Deputy Leader of the Opposition; Secretary of PGA Malaysia National Group, shared that Malaysia also lived through an insurgency and the importance of winning hearts and minds of all people to stop it. Risks have to be faced from both sides of the table to obtain peace. There cannot be peace without justice; there cannot be impunity. Suggested that Colombia should implement a disarmament policy (i.e. ratification of the ATT) and address the root causes of war.

Dip. Sigfrido Reyes (El Salvador), President of the Legislative Assembly; member of PGA, referred to the experience of El Salvador and noted that a conflict cannot be simplified, it needs to be focused and root causes have to be addressed. Additionally, there has to be a consensus.  There has been inequality in justice processes. It is not only necessary to resolve the land issue, but for farmers to have the capital to obtain productive technology. El Salvador has lived through 22 years of peace but reconciliation has never been achieved. There was no mention to participation of women at the negotiating table or how to integrate former guerrilla members into society. No one addressed the needs of the injured either and 20 years later these issues continue to be controversial.  Once a peace agreement is signed, the Colombian Congress will need to pass constitutional reforms and commit to the agenda at hand.

Sen. Roy Barreras (Colombia), former President of the Senate, Co-Chair of the Peace Committee, stated that the challenge in Colombia is that of legislative leadership. There have to be justice and sanctions. Need to review alternative justice instruments guided by the framework of transitional justice. The political challenge is to establish new institutions, guarantees and mechanisms in which former guerrilla members can participate and influence the three levels of government. Make politics without weapons. Need to change the paradigm on drugs and implement reforms on justice, land and politics. Colombia will achieve peace and the agreement will be signed in 2014.

The participants then heard important testimonies from leaders of the armed conflict in Colombia who have participated in peace processes. The first of the two speakers Mr. León Valencia, was a former member of the Central Command of the insurgent group "ELN" in the eighties and former executive director of the Corporación Nuevo Arco Iris.  In 1994, he participated in the peace agreement signature with the national government. He is now a columnist of Semana magazine.

Mr. José Manuel Bonnet (Colombia), Retired Army Officer, held the positions of Director of the Superior School of War, General Inspector of the Armed Forces, and General Commander of the Armed Forces. Mr. Bonnet stated that in light of the many conflicts still on-going in Africa, Asia and the Middle East, it is difficult to affirm that a one-size-fits-all model for sustainable peace has been found and can be applied to Colombia. He highlighted the specificity of the 50 year-long conflict in Colombia, which is not based on religion, cultural differences or ethnic grounds.  The causes of the conflict are still difficult to comprehend and therefore no real solution has been found, in light of powerful interests at stake from landowners, politicians and drug traffickers.  It is thus hard to try and adapt solutions that may have worked for other conflicts to the Colombian situation.

Despite this background, some steps can be taken to reach a more tolerable situation in Colombia:

  • Stop any attacks against the population, disable the resources and the institutions put in place to feed the conflict: it is essential that the State regains the monopoly over the use of force.
  • The government needs to put in place effective DDR mechanisms
  • A collective pardon should be envisaged
  • The treatment of victims needs resources, international assistance and training of national authorities. It is important to identify vulnerable groups. Indeed, farmers have been particularly marginalized as most of the conflict has developed in rural zones, so they have been used on many occasions as shields by the guerrilla and the paramilitaries or have been targeted for their alleged support to one or the other group.

The Colombian peace process: Forging Peace-Agreements and reconciliation mechanisms that entails effective participation of women in peace-making and consistency with international legal obligations, including the duty to ensure adequate reparations for the victims of crimes and effective guarantees of non-repetition (“nunca mas”) for society at large.

Sen. Gloria Inés Ramirez (Colombia), Member of the Peace Committee of the Senate, applauded the negotiations taking place in Cuba as this is an historical step towards peace. Some of those opponents to peace have instrumentalised the ICC to stop the peace negotiations to the detriment of justice and victims. Ms. Ramirez stated that the Colombian conflict is a social conflict, and for that reason the root causes of the conflict must be addressed, taking into consideration this essential element. She deplored the enormous death toll of the conflict and noted that women have borne the heaviest burden, being also marginalized from the peace process when they should be active participants in any peace negotiations.

Rep. Consuelo Gonzalez de Perdomo, (Colombia), Member of the Peace Committee (held hostage by the guerrilla group “FARC” from 2001 to 2008), noted that she is one of the many victims of the Colombia conflict. In 2001, while a member of the Chamber of Representatives of Colombia, she was kidnapped by the FARC and held in the jungle for more than 7 years in the worst imaginable conditions. She deplored the use of kidnapping as a weapon of war, which violates most human rights, and has a disastrous impact on families and society in general.  She called for a thorough analysis of the experience of the past in Colombia to achieve peace, so as to learn from the successes and failures of those experiences. She highlighted the need to have dignity, justice, truth and better living conditions in order to find a solution to the conflict.

Camilo Villa, Representative of the Movement of Victims of State Crimes (Movice), described Movice, a network of organizations based in more than 20 Departments throughout the country working to promote peace and victims’ rights. He raised concerns as to the many contradictions of the official discourse on peace which sheds some doubts on the effective will to have peace and justice, as evidenced by the extremely flawed Marco Juridico para la paz, Ley Justicia y paz and the Victims bill on one side. Those legal frameworks should be reformed in parallel to the peace negotiations so as to achieve a sustainable and fair peace. He also highlighted the need to reform the armed forces and train them to respect human rights, in particular in light of the “falsos positivos” case, which they consider a crime of State. It is necessary to rethink the violence that is experienced in Colombia so as to find sustainable and fair solutions. He called for the establishment of a Special Court to shed light on the crimes of the past and that all victims see their right to truth, justice and reparations recognized.

Dr. Mohamed Benabdessadeq, MP (Morocco), Head of the Justice & Constitutional Affairs Department, Justice & Development Party of Morocco; Member of PGA, shared the Moroccan experience on transitional justice. After the 1956 independence of Morocco, the country experienced several Coup d’états. In 1999, the new king decided to launch a transitional justice process including the establishment of a Truth and Reconciliation Commission. After two years of work, the Commission published a report with the aim to establish truth and accountability and to recommend forms of reparations and guarantees of non-repetition of the crimes. This process has taken 15 years, at the end of which 740 cases of forced disappearances were recognized; 9992 victims identified, 9980 persons benefitted from indemnisations in addition to the symbolic reparations, social reintegration and psycho-social assistance. This choice of justice over vengeance has allowed the reconciliation of the country.

Closing Session: Consideration and Concluding remarks on the occasion of International Human Rights Day

Chair: Dip. Minou Tavarez Mirabal (Dominican Republic), Chair, Foreign Affairs Committee; Chair, PGA International Council

Recognitions: Rep. Ivan Cepeda Castro (Colombia), Chair, Organising Committee, PGA Annual Parliamentary Forum; Co-Chair of the Peace Committee; Vice-Chair of the Human Rights Committee
Rep. Angela Maria Robledo (Colombia), Co-Chair of the Peace Committee; Member of Organising Committee, PGA Annual Parliamentary Forum
Rep. Guillermo Rivera (Colombia), Member of the Peace Committee; Member of Organising Committee, PGA Annual Parliamentary Forum

Closing Remarks: H.E. Mr. Juan Manuel Santos, President of the Republic of Colombia

In conjunction with the Forum, PGA hosted the 18th Annual Defender of Democracy Awards Dinner on December 09th, 2013. The Defender of Democracy Award is presented to individuals who, through their own commitment and active engagement, have made significant progress in strengthening democracy and democratic practices.


Resources
Selected Interventions
Related Media