Construction of public policy on human rights in Colombia

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Plaza Bolívar Bogota

The National Development Plan 2010-2014, on the Peacebuilding in Colombia, recognized that to achieve its broad objective of Prosperity for All- security must be consolidated, ensure the full observance of human rights (HR) and provide a system of prompt and effective justice. In this line, envisaged as creating strategic guidelines of HR policies and Humanitarian Law (IHL) and care and reparation to victims and the national systems must implement the. For a society that in recent years has made significant progress in the search for peace, its business and economic driver must take a leading role.

There were several factors that pointed to the need to build a comprehensive national Human Rights Policy. Among them is the need to manage the effects of conflict with a determined response, both to the massive violation of fundamental rights, as to the deteriorating social and economic conditions that prevent uniform and equitable development. Other factors include public and institutional recognition of the existence of an internal conflict, the promulgation and implementation of the Victims and Land Restitution in 2011, increased and sustained international community's concern about the situation of human rights in the country, the growing global awareness of the impact of business on them as a result of economic globalization, or the various peace efforts undertaken by different social sectors in the last two decades.

The importance of land in the Colombian business sector implies that the two issues, peace and human rights-, look even more united and involved also in the field of business: respect for human rights, the labor and environmental require joint action by the social actors involved: such as increasing social cohesion or guarantee the legality of the use of land or natural resources.

Through Decree 4100 the 2 November 2011, the Colombian Government created the National system of human rights and international humanitarian law, "To articulate and coordinate the rules, policy, entities and instances of national and territorial, and thus promote the observance and protection of human rights and the implementation of IHL ". One of the objectives of the system is "structuring the policy comprehensive of rights human and international humanitarian law, and promote rights mainstreaming and differential approach sectoral public policies ". The result of this process, they saw the light of the National strategy for the guarantee of human rights 2014-2034 and the Guidelines for a public policy on human rights and business. Sustentia Social innovation has taken an active part in the construction of these advances.

[From 2007 Sustentia Social Innovation has been working in the business relationship with human rights in Colombia]

Throughout 2012 and 2013 , Sustentia Social Innovation developed various projects in the country, in collaboration with the Spanish Agency for International Cooperation (AECID) and various institutions of the Colombian government. Culminated the project"Training and dialogue on the UN framework business and human rights in Colombia”, of 18 months, whose goal was to support the actors of Colombian society to generate own capacities to develop the UN framework and, at the same time, promote dialogue and help define the responsibilities and propose actions that each actor can carry out in the process. To this end, Sustentia trained State representatives, companies, civil society and diplomacy, and created working groups for multi-stakeholder discussions, whose discussions and conclusions were published in Colombia and Spain.

At the same time, Sustentia Social innovation took place during 2013 a technical assistance to the regional economic development in the Department of Nariño, development "with identity, inclusive and equitable " (DIRENA). At the request of the Agency for the Cooperation of Colombia Presidency (APC) and in collaboration with AECID and departmental public institutions, This assistance was designed as a strategic cooperation through projects with significant burden of knowledge transfer between Spain and Colombia, thereby replicating the successful development of the program ERICA AECID in the department of Antioquia.

In this context, Sustentia is advising and training - from 2012 and at different stages- officials more of 60 Colombian public institutions in the field of Business and Human Rights in accordance with the UN Guiding Principles, methodologies through classroom discussion and information, and virtual, using the online platform Sustentia Institute. This training is aimed at achieving the unification of language and knowledge in the field, aiming to initial to be useful to the participatory formulation of the those mentioned Guidelines for a public policy on human rights and business, led by the presidential programme for human rights and international humanitarian law (Today Presidential Advisory Office for human rights), published in 2014. The last phase of this training was completed in December of 2014, in the framework of the Chair Ciro Angarita Baron of the defender of the people of Colombia.

Between 2015 and 2017, Sustentia leaded the project "Training and dialogue Regional on company and rights human in Colombia-Plan national de action". The project prioritized three zones to give a first boost to the territorial work on the PNA: Bogota (national level) and Antioquia and Valle del Cauca (departmental and local level). Joined from key players outside of the capitals in order to receive their first-hand input. Local workshops were also held in Turbo (Antioquia) and Buenaventura (Valle del Cauca).

The document of conclusions arose between days 17, 18 and 19 July in Cali, Medellín and Bogotá. Includes contributions and recommendations proposed by the participants concerning 5 thematic blocks:

  • Workshop 1. Decent work, Association and negotiation in the field of human rights and business (July of 2016)
  • Workshop 2. Transparency and anti-corruption in the field of human rights and business (July of 2016)
  • Workshop 3. Peace-building, Security and conflict management in the field of human rights and business (November of 2016)
  • Workshop 4. Environment, territory and lands in the area of human rights and business (March of 2017)
  • Workshop 5.politicas public: you buy investment and taxation in the field of human rights and business (March of 2017)

During the workshops identified gaps and impacts of public and private management of the 5 thematic, and recommendations for its improvement. This information was systematized, structured and analyzed, trying to highlight all the relevant information.