THE DEFENDER OF THE PEOPLE
"The figure of defender of the people, they have mentioned previously, has its origin in the figure of the Ombudsman provided by the Swedish legal system, the first official appointed by the king and later by the parliament, had as a function of supervision and oversight on compliance with the law and as a result of complaints from citizens. He could denounce abuses of power and to propose formulas for solving them " 26
In Colombia, this figure was provided by the constitution of 1991. The Defender of the people is elected every four years, the House of Representatives within a set given by the President of the republic must be Colombian birth, a lawyer by profession, with an excellent reputation, with no criminal record with more than 10 years of professional experience.
The Defender of the People shall exercise his duties under the direction of the Attorney General of the nation, and officials working for the Defensor del Pueblo are appointed by the national government. "Its functions are defined as follows: the first will be an educational function, tending to raise awareness and promote the application and respect for human rights, and the second will be to protect citizens, as a mediator between them and public administration, creating links and connections, he can bring, when it considers it appropriate, actions to protect the individual, group and habeas corpus in favor of specific persons. Last function is the formation of public opinion, since the defender has the power of public denunciation, to be the bearer of the difficulties which interpose themselves to the realization of human rights " 27
Amid the horror of the conflict in recent years, the Defensoría turned his force towards the search for institutional mechanisms to improve the situation of vulnerability in which is the civilian population. In 1998 he was activated "SISTEMA DE ALERTA TEMPRANA (SAT)" (early warning) , a tool to repel the attacks and threats to civil society groups from the edge of the law, having as main objectives the prevent massive violations of human rights and above all avoid the forced depopulation * , The SAT: "identifies and assesses the different situations of risk to the civilian population, resulting from armed conflict, and seeks to inform in advance competent authorities on the possibility that happen massive violations of fundamental rights. The SAT analyzes the events and the unfolding of the armed conflict, the specificities of each region or location, the type of violence and armed actors who exercise control over the population, the various interests that may influence the actions of the actors irregular factors Vulnerability and security in society " 28
The Alerta Temprana (AT) are the mechanism by which the SAT begins, is in a communication to authorities characterized by:
- A certain degree of alarm and references clear and specific location of the places to which it relates;
- The description of the specific risk of violation of human rights;
- L ' identification of illegal actors in the area;
- The identification of social groups located on the territory and population at risk;
- The level of attendance at the nearest police and the forthcoming to suffer any kind of massive infringement.
This alert system is based on a rigorous process of receiving, verification, analysis, evaluation, classification, reporting and monitoring of events, involving a team operational and institutional. The SAT has established and cataloged different degrees of danger, for Alertas Tempranas (AT) based on proximity and imminence of risk, as well as the specific characteristics of the environment concerned, the prospect of an armed conflict. On the basis of all these indications have been identified three levels of alarm:
- THIRD GRADE : when they are evidence of the threat of an attack on the community. It could be graffiti, leaflets, intimidation coming from armed groups, reports of other nearby communities, information on the possibility of imminent attacks do not be born or the sake of argument between the groups;
- SECOND DEGREE : when the information indicates the greater proximity of an attack, with more precise but not imminent threat. There may be threats made, disputes over illicit crops or other type of redundancy economic zone, accident neighborhood, announcements of future attacks or blackmail to the community that is forced to adopt certain behaviors:
- FIRST GRADE : when the odds of an imminent attack are very high, accompanied by threats made by ultimatum, the need to evacuate the population, destruction of property of the community, fighting and attacks against the population, the presence of groups on grounds of dispute established.
It 'important to understand the value of these alarms, as the system does not replace the authority administrative, but merely to provide effective information on threats to human rights violations. The SAT can not legally or judicially, forcing institutions to take on responsibilities and to respond, or act directly or providing humanitarian assistance, much less try to coordinate the government response. The AT, however, can take the value of documentary evidence in respect of monitoring bodies and international organizations, if here we should proceed to court for failure.
The TA is divided into two categories: risk information who experience on possible violations that happen and massive violations of international humanitarian law and notes below , instead inform about the persistence of el'esarcerbazione risk situations previously perceived and reported previously, so for completeness we note the amount of communication involved in the last 5 years.
| SAT | risk information | notes below | AT TOTAL | municipalities involved | |
| 2005 | 65 | 31 | 96 | 127 | |
| 2006 | 51 | 38 | 89 | 134 | |
| 2007 | 38 | 52 | 90 | 165 | |
| 2008 | 32 | 39 | 71 | 145 | |
| 2009 | 31 | 35 | 66 | 143 | |
The constitution recognizes as well as a large group of rights, recognized social groups such as indigenous and Afro-Colombians, were previously on the margins of society, incorporating new mechanisms of protection of fundamental rights and defined as rights, many issues that were the basis of political controversies, such as the right to peace. The recognition of these rights and many led to the decline of popular demands for political or social value, creating an environment where the economic and social development can not be achieved through the democratic demand but, indirectly, according to court rulings.
Therefore, this system provides for the constitution of '91, in addition to Alertas tempranas, there are several other innovative, creative, participatory , well structured, but this "beautiful creation of rights" , as it is called, is not very effective or useful deterrent to acts against human rights as demonstrated by the well-known results. Leaves a bad taste in my mouth to know that last statement by counsel for the people dated November 16, 2010 says last week there were EIGHT Massacre in five different regions of the country. I leave you, at this point, make an impression your words because I do not bastanno.
Unfortunately, all these tools are harmless, unable to affect people's lives and the more they are unable to bring down violations committed by of the different actors are the state, guerrillas or paramilitaries, against the only real victim of the Colombian conflict: the civil society.
In suspected risk factors that lesionanno human rights defenders in the identified different groups. The FARC (Armed Forces of Colombia-rivolucionare guerrilla group), the ELN (National Liberation Army-guerrilla group), the AUC (United Colombian-self-defense paramilitary group) and other armed groups ilegal (Ogai in English), who its appearance in scalation propio years to life where the Law of Justice and Peace (Justicia y Paz) in order to smovibilitare the paramilitaries of the AUC. Such as: Autodefensas Gaitanistas de Colombia, Aguilas Negras, Los Urabeños, Los paisas, Los Rastrojos, Ejército Popular Revolucionario terrorism (ERPAC), Oficina de Envigado, Frente Cacique Pipintá, La Cordillera, Autodefensas del Llano, Organización Nueva Generación and other groups.
In view of this, in these 15 years nearly a million and a half measures of protection, which have highlighted important issues The Court Constitutional sought to defend at all costs, ethnic minorities, trade unionists, students, indigenous people, women, religious minorities, homosexuals and even the street vendors, also making the decriminalization of euthanasia and drug use . All of these interventions in law and thousands of judgments, can not diminish the enormous humanitarian catastrophe that the country is facing with its nearly three million people evacuated, the countless daily massacres and extrajudicial executions incalculable. The last government tried to convince the international and internal to the country that there is at least the "will" to change things, but unfortunately all the victims, even if silent, reveal an inefficient state.
All tools furnished by the paper magna in complete good faith for the constituent assembly, the advertising weapons are now only state in defense of human rights, in international organizations and non-governmental.
Non-governmental organizations will denounce the inefficiency and stressing the absolute impunity, in the field of rights, Colombian state, which is the main cause and perpetrators of abuses by its military or paramilitary forces (no longer a secret that the two groups there is a very close relationship), becoming one of the greatest violators of human rights worldwide.
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