Return Index

Return

Report on Colombia to the CEDAW Committee

Presented at the 37^th Session – January 15 – February 2, 2007

Committee for the Elimination of Discrimination Against Women – United Nations

CEDAW – Convention on the Elimination of All Forms of Discrimination Against Women

Executive Summary[1]

Various organizations that form part of the women’s social movement in Colombia produced this report, putting particular emphasis on the committee’s specific areas of concern. These areas of concern, which reflect real problems for the adequate implementation of the Convention, include among other things the following issues: legislation, violence against women, stereotypes and education, public life and policy, poverty and inequality, health, displacement, and the situation of LBT women and of ‘communal mothers’ (madres comunitarias).

While Colombia is at the level of a partially developed country, those indicators convey the national average without revealing the severe inequalities that exist in the country among the different regions and between ethnic groups, social classes, and rural areas, among other intersections; nor does it describe the persistence of a social and armed conflict that exacerbates discrimination against women in the form of systematic violations of women’s rights by armed actors. It is also relevant to note that, in Colombia, more than half of the population lives in conditions of poverty, circumstances that largely affect women.

Legislation, a mechanism for the advancement of women and national programs

The significant production of rules and jurisprudence that guarantee for women the principles of equality and non-discrimination has not meant the real exercise of those rights for women.

By way of Decree 1182 in June 1999, the National Directorship for Women’s Equality (la Dirección Nacional para la Equidad de la Mujer), a governing body for public policy regarding women, became the Presidential Council for the Equality of Women, losing its administrative and financial autonomy; it went from being an institution with decision-making power to an entity responsible for coordination.

Among the principal criticisms that could be made are those related to the minimal impact in terms of investment and number of beneficiaries of the different projects; the dismantling of its actions from the general policy of the government; and actions that reinforce the roles and/or traditional social perceptions about the role that women play in society. Furthermore, the current administration has not promoted a dialogue with women’s organizations nor periods for performance reviews.

Violence against women

In spite of public policies with regard to this, domestic violence continues to be a growing public health problem and human rights violation, in which the majority of victims are women.

The National Institute for Legal Medicine and Forensic Sciences reported 61,478 personal injuries related to domestic violence in 2005, which represents an 11 percent increase from 2004. Seventy-eight percent of the victims were women. With regard to sexual violence under other circumstances, the situation continues to be equally grave. The National Institute for Legal Medicine and Forensic Sciences reported 16,267 incidents of sexual violence for 2005, and in 84 percent of the cases the victims were women.

Without taking into consideration the underreporting of cases, in 2004 in Colombia, a woman died approximately every six days at the hands of her partner or ex-partner, and during 2005 this occurred every three days.

With regard to domestic violence, despite the existence of regulations specific to this subject, during the last decade these laws have undergone successive changes that have minimized the possibilities in terms of offering effective access to justice for women. The crime of domestic violence requires a (querella de parte), is subject to conciliation, and given that the maximum punishment is less than five years, it is a non jailable offense with the sentence servable at home. The attention given to domestic violence against women, far from guaranteeing its prevention, punishment and eradication, rather adds to impunity and denies access to, and protection of, the law for women.

Furthermore, impunity in terms of jurisdictional treatment of violence against women is clearly grave, so much so that there exists an agreement between civil society and state entities regarding the need to modify legislation with an eye toward a comprehensive set of rules that recognize the prevention, punishment and eradication of violence.

Of particular concern is the situation of women in the zones affected by the armed conflict, as violence against women is exacerbated in times of war, intensifying the historical discrimination that affects them. In the case of Colombia, there is documentation indicating that all of the armed actors have used different forms of violence against the civilian population and that, in the case of women and girls, particular methods of sexual violence are also used against their own female combatants.

It is of particular importance to mention that, since the first term of the Uribe government, a demobilization of paramilitaries in the country has occurred. The demobilization has been strongly criticized by diverse social sectors, largely because it does not aim to dismantle the paramilitary structures that are so deeply-rooted in various zones within the country and linked to political power and narco-trafficking, and because during this period new paramilitary units have been created and the ceasefire has not been respected, increasing civilian casualties and continuing the displacement and confinement of communities.

Stereotypes and education

Although it is true that in recent years access to education has improved, inequalities between men and women persist, linked to socioeconomic, geographic, ethnic, racial-cultural and political situations.

On the other hand, although the Ministry for National Education has implemented some ideas regarding the promotion and formation of sexual and reproductive rights of young people, it is not clear, nor is there information to the effect, that this is being done from a gender perspective. Nor is there evidence that a gender perspective has been incorporated from level 1 through 11. There is not a single initiative or policy that would indicate this form of implementation.

The Ministry of Education and Communication does not have a plan intended to eradicate stereotypical images of women in the mass media. The distribution of sexist and discriminatory advertising that promotes consumption and prioritizes the market continues.

Within the educational system, sexist and discriminatory cultural standards persist, and there are no adequate systems of follow-up and evaluation, in particular regarding quality and equality from a gender perspective.

Public life and policy

Not only has Colombia failed to reach parity of representation of women in popularly elected positions, but the percentage of women who reach such positions has remained stagnant, remaining at or below 12 percent for the last decade.

There is not a trend toward a gradual increase in the number of women occupying publicly elected positions. Although in October 2005 several political parties signed the “Pact for Effective Inclusion of Women in Politics,” promoted by various governmental and non-governmental groups, and by international assistance, in which there was a promise that “A significant quota will be reserved for women on its election lists and for leadership positions within parties or political movements,” but only the Mira party, of which the majority of activists are women, fulfilled the pact by having 43 percent of its election candidates as women.

 In Colombia, participation quotas are only allowed by law for positions in public administration, indicating that at least 30 percent of high level decision-making positions should be held by women. After six years in effect, the Attorney General’s Office indicated that in 2005 around 35 public agencies in Colombia have not complied with the legal order to guarantee the effective participation of women in the economic, professional and social life of the country.

Economic Situation: Poverty and inequality for women

In Colombia there persists a division between the productive economy and the domestic or care-taking economy (la economía del cuidado), and that is both cause and effect of discrimination against women. Domestic reproductive work is not recognized, compensated nor accounted for.

In 2005, 60 percent of the Colombian population lived in conditions of poverty and of those, 26.6 percent were female-headed households. Extreme poverty affects 25 percent of the Colombian population and 31.4 percent of those are female-headed households.

Inequality in employment opportunities between men and women persist, in terms of both access to jobs and continuance in the position. The level of informality of the work performed by men and women in 2005 was, according to DANE, 57.5 percent and 60.2 percent, respectively. On the other hand, between 60 and 70 percent of people who work at the bottom of the productive chain are women.

Health

The partial decriminalization of the laws that punish abortion in Colombia, declared in March 2006 by the Constitutional Court, marked a milestone in the history of recognizing reproductive rights of women in Colombia. Still, although the judgment of the court is binding and obligatory, since the day it was announced countless difficulties have arisen for women seeking abortion in the three circumstances for which it was decriminalized. As of November 2006, there are still no legal orders from the Ministry of Social Protections that regulate the implementation of the judgment in hospital centers.

Displaced women

Although the state of Colombia has developed a broad legal framework with regard to protection for and attention to displacement caused by the violence in Colombia, these regulations have still not been applied in the proper way. With regard to displaced women, the legislation does not guarantee their rights in particular.

The government has recognized that almost half of displaced families are headed by women and has put into place some measures to prioritize attention to women in their role as mothers, bearers and providers for children. Regardless, the special protection needs of women have not been recognized and, therefore, they have not taken into account the greater risks of violence and discrimination in a policy targeted to protect women’s rights.

Women, girls and adolescents who are displaced have been victims of threats, mistreatment and abuse, and exposed to sexual slavery, forced prostitution, domestic and sexual violence, and adolescent pregnancies.

Invisible Women: Lesbians, bisexuals and transgenders

LBT women are not considered, either in public policies or in the demands made by the women’s rights movement. In fact, sexual orientation and gender identity are factors that add to exclusion of and discrimination against LBT women.

Lesbian and bisexual women (who live with other women) suffer persecution, are sometimes forced to leave their homes, and have reportedly been the victims of sexual violence, mutilation and murder.[2]

Furthermore, in their work environments they must confront sexual and work-related harassment.  Discrimination for reasons of sexual orientation or gender identity is not considered criminal under Colombian law.

The medical attention which LBT women receive is unfamiliar with the characteristics of their sexual practices. Moreover, there are high levels of ignorance and prejudice among health service providers and this leads to poor attention and, not on a few occasions, exclusion and increase in risk of illness, such as cancer, because the women prefer not to attend their medical examinations.

The situation of Communal Mothers

Since the early 80s, Communal Mothers (las Madres Comunitarias) have been connected to the programs of the Colombian Institute for the Wellbeing of the Family (ICBF) and exist in conditions of severe vulnerability with regard to their economic and social rights while they attend to, care for and educate girls and boys of up to six years of age, living in urban and rural areas with the highest levels of poverty. Along the way, the ICBF has placed the responsibility on these women and the communities that manage and execute the programs, unloading the responsibility for infant care on these women under the category of “solidarity workers and volunteers” [3] or simply “mothers”, who should bear the exclusive obligation for raising the next generation.

Communal mothers must undertake these activities on their own and they find themselves in a position of subordination to the ICBF. Nonetheless, instead of a salary for their work, the mothers receive a payment that in 2006 amounted to 185,780 Pesos, compared to 408,000 Pesos which is the legal minimum salary. On the other hand, they make part of the contributive state of 4% on half a minimum wage. 

Despite the minimum guarantees, which have been obtained as a result of the struggles of the Communal Mothers and Gardeners’ Guild, the state continues to legislate against the interests of these workers, in particular, of the Communal Mothers, who after 20 years of work are forced to retire without a pension to dignify their old age.

To close, it is worth reasserting that, seven years after the approval of the CEDAW Optional Protocol, and although said document is already law in Colombia, this has not yet been put forth before the United Nations.

For that reason, these women’s organizations urge the CEDAW committee to make adequate recommendations to the state of Colombia, to then be translated into pecific and comprehensive public policies, with sufficient financial resources and national guarantees that make real the implementation of the Convention.