Research of humanitarian space has been a constant from the beginning of the Republic of Colombia, in the long course of civil wars in two centuries of history between the rivals. ; From the historical path of Colombia shows that : "These civil wars are not a form of transition that could lead the development in Colombia, but rather the engine for growth and maintenance of the elite and its power. Every political battle, rather than lay the foundations for a social system and transform it to the national benefit, it will become a company organized individually exclusively for their own advantage " 11
To understand the evolution of human rights in the Colombian national history, it is considered important to present some historical facts that contributed to the formation of law in the country, designed to protect and guarantee human rights.
The development of human rights in Colombia, will be mainly in the sense of ius in bellum figure, it will be due to the many armed conflicts since the beginning the life of the republic. Generally, in all these comparisons to the whole of the country, we try to develop a regularization of the war through various means, leading to significant truces. Not only by the war remains important to arrive at a humanitarian level, as several thinkers and philosophers, Colombian and Latin America, contributed to the consolidation of human rights in the country with very important statements and essays.
For example, the precursor of the publication and subsequent dissemination of the "human rights" in Colombia, not only was Antonio Nariño, who translated from French to English the 17 articles of the Declaration of the Rights of Man and Citizen. " Antonio Nari ñ or more that the translator will be considered their maker in Latin America. Consider the War of Independence as a war for "human rights" and whose principles will be incorporated in the Colombian Constitution of 1811 , making all the constitutions preamble to Columbus later.
Even the book "Principles of the rights of people ", written by the humanist Venezuelan Andres Bello, was published for the first time in 1832 in Chile was the first English-American manual on the subject, and was inspired by Vattel, Martens and Kant. It is no coincidence, that it was Colombia, for the first time in Latin America, to embed these principles in his famous Constitution of the Rionegro 1863, which is bizarrely regarded as the most liberal and less restrictive in the history of Colombia.
speaking of war, for example, among the many internal conflicts as a result of experiences that led to major advances in humanitarian matters, were employed by the Liberator Simon Bolivar in 1819 to exchange prisoners and also in 1820 in front of Pablo Morillo to sign a treaty to stabilize the war.
Another important and interesting way to regulate a war came with the signing of the Pacto de Chinchina 1860, when General Mosquera, in a truce, he tried by all means to enforce and defend the lives of the wounded prisoners. Unfortunately, the hostilities between the Central Government and the region of Valle del Cauca continued, so that the region of Valle del Cauca could obtain their independence.
This conflict had resulted in the final drafting of the Constitution of 1863 that addi the domestic law of the gentes, as a support for invoke humanitarian practices in war. As a result of all this back and quotes verbatim the creation of a legal important and fundamental in the constitutional history of Colombia, which highlights the interest of the country already at the time, to try to limit the use of war. This legal construct took place in the years before the Geneva Convention of 1864 .
"The debate began during the War of 1860-1861 , which ends with the rise that most power man power and military politiche della independent accesses after the war, Gen. Tomas Cipriano de Mosquera, together with the father of sociology Colombian Salvador Camacho Roldan, in the war between and within what was then the United States of Colombia, were introduced, designed the legislación order to appeal the armed conflicts between nations in a process that has been called "Quasi- internationalization of internal public space " .
The fact deserves mention because it is just the incorporation of contemporary North American Code of law, itself inspired not developed the coded German jurist Francis Lieber, and which bears his name, the purpose of regulating maritime commerce and, in cases of civil wars, the rebels give identical treatment to that given to the enemy during an international war. It was a code of standards imposed by the government Abraham Lincoln to regulate the civil war that has been Apple's "Civil War the southern states" started in 1861 and completed by Lincoln with the abolition of slavery and the granting of a partial suffrage Poir the black population. Misure This provoked the assassination of the Linconln " 12
Sfortunatamente con l'incursione del derecho de gentes Cercar per garantire the di protezione della popolazione e non al rispetto delle Combattente regole Belliche if altrettanto creo con la Constitution of 1886, one of the most repressive in the field of human rights: the state of siege. This state of siege will be thought of as a means of defending the state and also as a tool intended to render unlawful any revolt, thus abolishing all forms of protest, even if correct.
For example in the "Guerra de los Mil Dias" shook several humanitarian terms, previously established in the law of gentes, but unfortunately, this desire to bargain was unjustified and blurred by the use over the state of siege. This situation is highlighted by Gonzalo Sanchez nel suo articolo the "War against human rights" , quando dichiara:
"the Colombian State is not a model for Implementation of International Humanitarian Law: The Geneva Convention of 1949 has been ratified in Colombia in 1966 after criticism of the epoche Violencia in the 1950s. The vision of public order and the conflict that is required with the use and abuse of state of emergency led to only pas reconnaître cette période comme une wars et à la juste comme une consider "great wave of crime" exacerbée, who sont victimes avec 200,000 passées inaperçues aux yeux du reste du monde ˝ 13
One of the most surprising statements, built to defend the rights of the civilian population, was the "Leyes the Llano" , incredibly kind by the guerrillas of Llano with his boss Guadalupe Salcedo in 1953 with 224 articles, who sought to regularize relations with the guerrillas of the population and also to establish forms of justice appropriate to the traditions of the region, always trying to mantener policy over the weapons.
Unfortunately the law of the Llano remained unknown for two reasons:
- Primarily because of the coup by General Rojas Pinella , declared in the same year;
- Then why was not done nothing to bring forward by the other revolutionary groups.
"As already stated, the traditional constitutionalism Colombian, and what we refer to the current regime from the late nineteenth century until 1991, two cases as diverse as war and the "internal riot" were both mentioned in the Constitution of 1886, as " state ' except od'assedio " (estado de sitio), that could be declared by the President of the Republic, if they detect the existence of circumstances warrants. The Constitution gave enormous discretion to the President in determining whether the facts justify the declaration of the "state of siege", which among other things, was in force until the President himself considered restored normalcy. "
This led to understand the concept of "internal revolt" in a sense very large and involved the illegal expansion of executive power in the event of the "state of siege" . This expansive process met only one limit - the more formal and material - that is a limitation of state power "state of exception" in some judgments of the Supreme Court, which at that time had a judge constitutional. These limitations, however, proved unsuccessful.
The state of siege has always been associated with the existing features more despotic and below which were committed massive human rights violations. These violations in Colombia had a resurgence since the 70s, when he entered into force on the status of security in the government of Julio Cesar Turbay Ayala. 14 The oppressive measures it provided led to the emergence of groups at the edge of the law, which do not get answers to their demands, they saw no other way out other than armed struggle.
"Then, with the aim of preventing manifest minor or even hypothetical threats to public order inside, the subsequent governments have resorted to the expedient of extraordinary power that the Constitution guaranteed them in periods of abnormality, which implies that, little by little, the semantic differences between rule and exception, normality and abnormality, temporality and permanence were no longer so clear " 15 .
addition, because of the abuse permanent state of siege, Colombia, in essence, has experienced a permanent suspension of the "fundamental rights" with the ineffectiveness of all controls and authoritarian excesses of the executive, when invoked the possibility of a crisis.
The Constitution, in these cases, established a mechanism of parliamentary oversight over the executive, but this was limited in practice to the "green light" that the Chambers conceded to post 'implementation of that right by the Executive. As for the judicial review of the constitutionality of the decrees of martial law, although this was limited, with few exceptions, to verify whether the mere formality of such own decrees. In this situation, the suspension or limitation of rights by the executive became facts, shipwrecked against which all claims to assert rights and constitutional guarantees.
Therefore, it should not seem strange that there are different classifications studies and the pathology and disease state of siege. Among these, we will refer to in particular law drawn up by sociologist Colombian Mauricio García Villegas, which proposes, for the second half of the twentieth century, the division into three periods, different in goals and strategies, the state siege.
" The first period runs from 1957 to 1978 . During this period the city grew and grew progressively protests political indifference in large sections of the population. Initially, the state of siege in the city was used to suppress - timidly at the beginning - The manifestations of discontent and resolve problems caused by the economic crisis inherited from the era known as "Violence". In the country we lived a situation of rising guerrilla war against subversion, and against the few survivors of violence. While in the city, in order to counter the political, citizens and rights were limited in rural areas are killed to suppress subversion. On the other hand, the intervention of the authorities entrusted with the control - both constitutional and political - was practically nil.
The second period ranging from 1978 to 1990. In recent years, the state of exception lost force as an instrument of social control - partly because of the decrease in political demonstrations of students and workers - and gained importance as an instrument of repression of the illegal activities of drug trafficking and subversion.
The imposition of certain checks on the executive and judicial power to police and, in general, the growing ineffectiveness of the repressive apparatus to control illegal activities led to the passage of members of the military in the ranks of the paramilitaries.
Successive governments made various attempts to accommodate the crush of the paramilitary groups, but no one dared to begin a process of purification within the military. The situation of problem in rural areas spread rapidly up to the city. The abuses of the law in the state of siege created some discontent among the judges appointed to the control. So it was that we saw the first reactions court against the constitutionality of the decrees restricting civil liberties.
The third period began with the promulgation of the Constitution of 1991 , drafted and enacted during the government of President Cesar Gaviria and extends to this day. Since the late eighties, popular movements have been weakened and decreased the protests organized by trade unions and student movements. The "state of rebellion" - new name for the old state of siege - has lost some of it is permanent, due to time constraints laid down in Article 213 of the Charter Politics.
The "irregular warfare" has been forward with the wind and the narco decreased significantly, with the dismantling of drug cartels. On the contrary the abduction and murder, in general, private violence and the mechanisms of justice have become more personal than ever important " 16 .
Another symptom of the pathological state of siege in Colombia is different ordinary laws by which it is incorporated into the legal character of permanent legislation introduced by the "transitional" by the decrees of state of siege. No signal is more pathological than this: if we add the different periods of crisis during the second half of the twentieth century, Colombia has lived 37 of those fifty years in a state of siege.
From 1991 onwards, the situation has changed substantially, with the promulgation of the current constitution, despite this, the general budget of the period is evidently - scary. Finally, it should be noted that in 1968 a constitutional reform introduced the automatic control of the constitutionality of all the decrees passed in a state of emergency economic siege. This possibility was exercised, until 1991, the Supreme Court of Justice and, subsequently, by the Constitutional Court.
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