By R. Renee Yaworsky
Impunity Watch Reporter, South America

BOGOTA, Colombia—Human rights groups have voiced concern after a pregnant activist was arrested and charged with being connected to the Revolutionary Armed Forces of Colombia (FARC).  It is feared that this woman’s arrest is part of a growing effort in Colombia to silence human rights workers and any voices of opposition.

Carolina Rubio is eight months pregnant and was arrested in the northeastern Colombian city of Bucaramanga on Tuesday.  She continues to be detained in prison although her health—because of her condition—may be threatened.

Rubio belongs to two groups that may have made her a political target for Colombian authorities:  the National Movement of Victims of State Crimes (MOVICE) and the Committee of Solidarity for Political Prisoners (FCSPP).    The current evidence against Rubio stems from two informants who remain anonymous.

Rubio had just returned from an assembly of the International Office of Human Rights in Brussels last month where she had been speaking out against human rights violations in Colombia.  In Brussels, Rubio presented a report to European Commission officials regarding human rights concerns during the first 75 days of Juan Manuel Santos’ presidency.  Rubio stated that over 22 activists were murdered in Colombia during that period.  Some human rights workers speculate that these acts are the real reason Rubio was arrested—not any possible connection to the FARC.

The International Office said that it was concerned “that a human rights defender on the verge of giving birth is detained just as she returns to Colombia after having denounced the grave situation of human rights” there.

Amnesty International (AI) has spoken out against Rubio’s arrest.  Marcelo Pollack, Colombia Researcher for AI said, “The Colombian authorities have a duty to investigate any criminal activity and bring to justice those responsible through processes which conform to international standards of fairness.  However, there is a great deal of concern that such arrests are part of a strategy designed to silence and discredit the work of human rights defenders and to distract attention from their exposure of human rights violations.”

The controversy over Rubio’s arrest has come during a period of increasing persecution against human rights defenders.  In Colombia, it is not uncommon for activists like Rubio to be prosecuted using evidence acquired from paid informants rather than impartial investigative authorities.

Pollack has expressed the need for Rubio’s rights to be upheld, saying, “The authorities must ensure that due process is respected and that [her] legal situation is resolved speedily.  They must also ensure that she has access to quality health care while in detention.  Amnesty International is closely monitoring this case, especially because concerns have been raised about irregularities in the process.”

For more information, please see:

Amnesty International-Colombia: Concern over arrest of pregnant human rights defender-18 November 2010

Latin American Herald Tribune-Rights Activist Arrested in Colombia-18 November 2010

Tolerance-Concern over arrest of pregnant human rights defender in Colombia-18 November 2010

By Patrick Vanderpool
Impunity Watch Reporter, South America

 BOGOTA, Colombia – Colombia’s high court ruled against a lawsuit which would have legalized same-sex marriage in the country by a vote of 5-4.

The lawsuit, which was filed in September 2009, sought to alter the definition in Colombia’s civil code which defines marriage as “a solemn contract through which a man and a woman unite.” 

Felipe Montoya, one of the lawyers who filed the suit, wanted judges to eliminate the phrase “man and woman” from the code, in order to open up the possibility of a same-sex marriage.  The court ruled that the lawsuit was “flawed” and presented in an “irregular manner.”  

Judge Mauricio Gonzalez Cuervo, president of Colombia’s Constitutional Court, said that “nothing is final, and it is possible to insist on civil marriage for same sex couples in front of the court, but with more detailed arguments because this article will play a vital role within Colombia’s constitution.”

The lesbian, gay, bisexual and transgender (LGBT) community is rallying against the Court’s decision, calling it “unconstitutional” and vowing to seek legislation to ensure equality if the Court fails them.  Marcela Sanchez, director of Colombia Diversa, a Colombian organization which represents the interests of the LGBT community, asserts that, as a result of the Court’s actions, “[Colombia] will lose a unique opportunity to achieve a true concept of equality.”

In addition to Colombia Diversa’s criticisms, gay rights advocates in Colombia planned to protest the Court’s ruling on Friday with demonstrations in Colombia’s capital.

In July, Argentina became the first Latin American country to legalize same-sex marriage after legislators passed a bill giving same-sex couples equal marriage rights.  While the attorney’s likely viewed Argentina’s actions as a broader, more progressive attitude toward the issue, Colombia’s Constitutional Court did not sway from their traditional view.

For more information, please see:

CNN – Colombia gay rights groups protest after court’s gay marriage decision – 12 November 2010

Colombia Reports – Court Blocks Gay Marriage – 12 November 2010

Queerty.com – Did Colombia’s Constitutional Court Turn Down The Gay Marriage Lawsuit Because It Was Too Weak? – 12 November 2010

By R. Renee Yaworsky
Impunity Watch Reporter, South America

IRANDUBA, Brazil—On Sunday, a riot in a jail became the third prison riot in a week in Brazil.  The latest riot resulted in three deaths and has sparked debate over possible human rights violations in the nation’s correctional facilities.

The most recent riot occurred in the jail of a police station in Iranduba, a city in the Amazon.  The prisoners became violent in the early hours Sunday in order to protest the poor living conditions they were subjected to.  The protesters were eventually subdued by police officers, but in the wake of the incident, three prisoners were found dead.  It is unknown how many others were wounded, and whether the deceased were killed by rioters or authorities when they moved in to regain control of the facility.

Brazil’s prisons and jails are frequently overcrowded and can lead prisoners to riot and go on organized hunger strikes.  Sunday’s violence arose after the jail became packed with 40 prisoners.  The jail was designed to hold only eight.
Police officer Geraldo Pereira de Oliveira said that, “After the riot, there were negotiations and the possibility of transferring some prisoners is being studied.”

Sunday’s deadly protest is the third of its kind this week alone in Brazil.  On Wednesday, three prisoners were killed by other prisoners in a similar riot, just 19 miles from Iranduba.  Last Monday, 18 prisoners—four of whom were decapitated–died in a riot in the penitentiary complex in Sao Luis.  A correctional officer was also injured by a gunshot wound.  The riot began when prisoners shot the guard while he was conducting an inspection, then took him and five other guards hostage.  The prisoners announced that they were protesting substandard quality of life in the institution.  The prison is currently inhabited by 4,000 prisoners—double the number that the building was constructed to hold.

In each of the three riots, experts and authorities have determined that overcrowding and unsatisfactory living conditions were the primary impetus for the melee.  In Brazilian prisons, gangs vie for control, their violence unchecked by an inadequate number of correctional officers.

For more information, please see:

Latin American Herald Tribune-Third Brazil Prison Riot in a Week Leaves 3 Dead-15 November 2010

Sydney Morning Herald-Three dead in Brazil jail riot-15 November 2010

Telegraph-Brazil prison riot leaves 18 inmates dead-9 November 2010

By Patrick Vanderpool
Impunity Watch Reporter, South America

BUENAVENTURA, Colombia – The Colombian NGO Consultancy for Human Rights (CODHES) reports that  Colombia is the country with the highest number of displaced people in the world, based on figures from a report published by the United Nations High Commissioner for Refugees (UNHCR).

According to the UNHCR report, approximately 3.7 million Colombian citizens have been displaced from their homes in the last five decades due to increasing violence from rebel groups, such as the FARC.

Jorge Rojas, Director of CODHES, stated “[t]he number of uprooted people in Colombia is higher than those in Iraq, Afghanistan and the Democratic Republic of Congo.”  Ecuador and Venezuela were named as two countries that received the highest portion of displaced Colombians.

According to the report, about 600,000 Colombians live in Ecuador. The Ecuadorian government claims that that have spent $40 million in the past three years to address the displaced population.

The Colombian Government is receiving harsh criticism for their handling of the news.  Initially, Colombia rejected reports that the country had the highest number of displaced peoples.  According to Acción Social, the presidential agency in charge of displacement, the statements and figures contained in the report are “untrue”.  Acción Social also claims that global data on displacement and refugees cannot be used to compare displacement between countries because there are multiple ways to calculate displacement.

According to Colombia Reports, an independent news organization, the true purpose of the report was not to establish a definitive figure on displaced people, but rather to highlight the gravity of an often overlooked humanitarian crisis, a claim that dulls Acción Social’s claim that research methodology acts to unfairly skew the figures.  Colombia Reports goes on to point out that although high-intensity warfare is a “thing of the past” in Colombia, the UNHCR report illustrates that the country is experiencing a humanitarian disaster of “epic proportions”.

Colombia Reports also claims that Acción Social’s response is indicative of a much larger “national attitude of worrying too much about the country’s image and too little about its concrete problems.”

For more information, please see:

Pravda.ru – Colombia has the Highest Number of Displaced People in the World – 12 November 2010

Colombia Reports – Displacement is a Human Tragedy, not a Publicity Crisis – 11 November 2010

Colombia Reports – Colombia Rejects U.N. Report on Refugee Figures – 10 November 2010

Momento 24 – Colombia Displaces and Ecuador Receives Refugees by Violence – 9 November 2010

By R. Renee Yaworsky
Impunity Watch Reporter, South America

DRY CHACO, Paraguay—An expedition led by conservation scientists from London’s Natural History Museum has become controversial because of the threat it poses to local indigenous peoples.  The expedition would invade remote areas of Paraguay that reach into Argentina, Bolivia and Brazil, called the Dry Chaco.  Experts fear that the expedition may have “fatal consequences” for indigenous groups, including the Ayoreo Indians who avoid contact with outsiders.

The Museum scientists plan to explore the Dry Chaco, a semi-arid lowland, in order to discover and record biodiversity.  Biologists and botanists will search for new plants, insects and animals in the isolated region.  The Museum has stated that it hopes their findings will help “governments and conversation groups better understand how to manage fragile habitats and protect them for future generations.”  The Dry Chaco has been threatened recently by the possibilities of logging and intensive agriculture.

The Museum has assured that they have researched the area and will try to avoid any contact with the indigenous groups.  Professor Richard Lane, head of science at the Museum, said, “[O]ur collaborators have enlisted an Ayoreo elder, who has volunteered to guide our team in the forest.”

Benno Glauser, Director of Iniciativa Amotocodie, a not-for-profit dedicated to the protection and preservation of the Ayoreo, has expressed concern about the expedition’s negative impact on indigenous peoples living in the area, many of whom have never made contact with the outside world.  According to Glauser, “[w]e know of three isolated indigenous groups in the area targeted by the expedition.  They live in completely virgin forest.  It makes them vulnerable to any external intrusion.”

Glauser said that “surprise contact” could arise between the scientists and indigenous peoples because the scientists would be moving “around in a very silent way in order to observe animals.”

Jonathan Mazower, the Advocacy Director for Survival International, a human rights organization that campaigns for the rights of indigenous tribal peoples and uncontacted peoples, maintains that intruders may be seen as hostile by the indigenous groups, and surprise encounters may become violent.  Mazower has suggested that a good compromise could be to go through with the expedition, but move it to another area in the Dry Chaco.

Ayoreo elders who live near the town of Filadelfia have asked Paraguay’s president and the Museum itself to stop the expedition.  They believe that indigenous groups are endangered by the plans and said, “There is too much risk.  It’s like a genocide.”

For more information, please see:

Monga Bay-Chaco expedition working to ‘minimize the risk’ of running into uncontacted natives-11 November 2010

Telegraph-Danger: the world is on its way-10 November 2010

BBC-Conservation expedition ‘poses risk to tribes’-9 November 2010

This is London-Paraguay trip by scientists ‘could wipe out natives’-9 November 2010