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In a new judgement the Constitutional Court of Colombia limits the widespread practice of 'batidas'. The judgement related to a complaint in relations to article 14 of the law on recruitment (Ley 48 de 1993), which deals with the obligation to register for military service, and article 41 para g), which defines the process in relation to the classification of a person as "remiso" (draft evader).

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Alejandra Londoño Bustamante, Red Juvenil de Medellín

I am a conscientious objector, but not because I believe that objection is a refusal which has legal backing. On the contrary, it is a legitimate social and collective organisation which initially aims at change within individuals for the good of society.

War Resisters' International received reports from several of its partners in Colombia that batidas - the recruitment of young men in raids on the streets - are continueing. Some of those recruited during recent batidas declared their conscientious objection, and two are listed on WRI's Prisoners for Peace Honour Roll 2010.

‘Haga que pase’: Make it happen! The short documentary 'Mi FinK' shows the process of community organization and resistance. This participatory action arose in the face of vulnerability to losing the land: one of the few things that keep the community united and free. Since the abolition of slavery in Colombia, the land has sustained the food supply and the economy of the Afrodescendant people of Villa Rica. Today the sugar companies dominate the area, planting sugar cane as a monoculture, thereby forcing out the traditional small farms of the region.

Report on a visit to Colombia in May/June 2010

Andreas
Speck, War Resisters' International's Right to Refuse to Kill
programme worker1, visited Colombia from 19 May until 12 June 2010. During his visit, he
spoke at two conferences on conscientious objection, and visited groups and individuals working on CO in Bogota, Sincelejo, Medellin, Cali, Villa Rica, and Barrancabermeja.

During its 99th session, the Human Rights Committee also considered the periodic report of Colombia. On the issue of conscientious objection, the Colombian delegation was requested to provide more particulars on conscientious objectors and what protections were in place for them until the law concerning this matter was adopted. The Committee referred to the ruling of the Constitutional Court, had handed down nine months ago, but there was still no written ruling.

On 14 October 2009, the Constitutional Court of Colombia ruled on a "demand of unconstitutionality" submitted by several Colombian organisations in March 2009 (see CO-Update No 46, April 2009). Suprisingly, the Court ruled that the right to conscientious objection to military service is protected under the Colombian constitution. The Court gave it as a task to the Colombian Congress to now pass a law on conscientious objection to military service.

Colombia does not recognise the right to conscientious objection. Conscientious
objectors live with the permanent risk of recruitment by the Armed
Forces of Colombia, in one of the frequent batidas,
checkpoints set up by the military on busy streets or places, to
check the papers of young people at recruitment age. In addition,
they face further violations of their human rights.

A/HRC/10/82/Add.1

(...)

Views on conclusions and/or recommendations, voluntary commitments and replies presented by the State under review

The numbers with letters refer to recommendations stated in the section I of the Working Group report, entitled “Summary of the proceedings of the review process”.

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