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República de Colombia Embajada ante el Reino de Bélgica y el Gran Ducado de Luxemburgo Misión ante la Unión Europea

NON OFFICIAL TRANSLATION

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A. COLOMBIAN ACTION PLAN 2010-2014 ............................................................................................... 8

• INTRODUCTION ................................................................................................................................ 8

CHAPTER I. GOALS FOR A FOUR-YEAR TERM. 56 Goals to August 2014 ....................................................... 8

1. HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW. 26 Goals ............................................ 8

a. Prevention of Human Rights and International Humanitarian Law violations: 6 goals ............................. 8

b. Protection. 2 Goals ...................................................................................................................... 9

c. Support and comprehensive reparations to victims. 18 goals ............................................................. 9

2. SUSTAINABLE DEVELOPMENT. 28 Goals ...................................................................................... 10

a. Biodiversity and ecosystem services. 7 goals ................................................................................ 10

b. Environmental management of water resources: 3 goals ................................................................. 10

c. Environmental, sectorial and urban management. 12 goals ............................................................. 11

d. Climate change, reduction of vulnerability and strategy for low-carbon development. 6 goals................ 11

3. LABOUR AND UNION RIGHTS. 2 Goals ......................................................................................... 11

a. Verification visits for the compliance of the labour law ..................................................................... 11

b. Ratio of inspectors for every 100,000 active jobs ........................................................................... 12

CHAPTER II. MEASURES IN HUMAN RIGHTS, ENVIRONMENT, SUSTAINABLE DEVELOPMENT AND LABOUR RIGHTS. 101 Measures, 37 advances and achievements .............................................................................. 12

HUMAN RIGHTS. 28 Measures .............................................................................................................. 12

1. HUMAN RIGHTS POLICIES, PLANS AND PROGRAMMES. 12 Measures ........................................... 12

a. In 2008, Colombia voluntarily submitted request to be reviewed under the Universal Periodic Review of human rights established by the United Nations, and the report including a detailed list report of our challenges, goals, and achievements, and since then Colombia has complied with the agreed goals ..... 12

b. We set out in the 2010-2014 National Development Plan, the principal guidelines for Human Rights and International Humanitarian Law governing the actions of institutions during the four-year-period .......... 12

c. We created a national system for Human Rights and International Humanitarian Law to integrate the activities of all institutions, civil society groups, and the international community in these areas............ 13

d. We ordered comprehensive AID to victims of the internal armed conflict and the restitution of land to people forced off their land or property ......................................................................................... 13

e. We agreed on the allocation of resources in the amount of 22 billion Euros, to fund the implementation of the law on victims and land restitution .......................................................................................... 13

f. We strengthened the institutions for the application of the law of victims and land restitution ................ 14



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g. We established guidelines, a plan for implementing goals, and monitoring mechanisms for the national plan on comprehensive aid and reparation to victims ...................................................................... 14

h. We strengthened regional institutions for aid and restitution of land to victims .................................... 14

i. We strengthened justice enforcement mechanisms for the implementation of law of victims ................. 14

j. We strengthened legislation to guarantee justice, truth, and reparations to victims of demobilized illegal armed groups ........................................................................................................................... 15

k. We passed measures to locate and identify disappeared persons .................................................... 15

l. We consolidated the National Registry of Disappeared Persons ....................................................... 15

2. INSTITUTIONAL STRENGTHENING OF JUSTICE. 1 Measure ........................................................... 15

a. We strengthened the Attorney General's Office to fight against the impunity of crimes against human rights ....................................................................................................................................... 15

3. PROTECTION OF PERSONS AT RISK. 5 Measures ......................................................................... 15

a. We strengthened the programme for protection of persons at risk..................................................... 16

b. We strengthened measures for protecting trade unionists ............................................................... 16

c. We disclosed the protection policy to trade union federations........................................................... 16

d. We decentralized the venues of committees for risk regulation and assessment ................................. 17

e. We extended the benefits of the protection programme to those with land claims ................................ 17

4. STRENGTHENING THE SOCIAL DIALOGUE ON HUMAN RIGHTS. 4 Measures .................................. 17

a. As part of the process of preparing for the National Conference on Human Rights and International Humanitarian Law, we held 15 forums in a number of provinces....................................................... 17

b. We are strengthening the National System for Human Rights and International Humanitarian Law in the regions .................................................................................................................................... 17

c. We led the way in encouraging businesses to voluntarily take Pro-Human Rights actions .................... 18

d. We have renewed and fortified the process of round tables of guarantees ......................................... 18

5. FIGHT AGAINST IMPUNITY IN HUMAN RIGHTS. 4 measures ........................................................... 19

a. We strengthened the investigations of crimes against trade unionists with the creation of the International Labour Organization Subunit ...................................................................................................... 19

b. We are adopting prioritizing criteria’s in investigations against labour organizations, concerted with the trade union´s confederations ....................................................................................................... 19

c. We succeeded in obtaining the cooperation of the International Labour Organization for improving investigations on crimes against trade unionists ............................................................................. 19

d. We trained judges and officials responsible for investigating crimes against trade unionists .................. 19



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6. IMPROVED COOPERATION IN HUMAN RIGHTS. 2 Measures .......................................................... 20

a. On July 4th 2012, we successfully held the 7th Colombia-EU Human Rights Dialogue .......................... 20

b. We briefed the results of the Colombia-European Union human rights dialogue to NGOs ..................... 20

7. CONCRETE RESULTS IN HUMAN RIGHTS. 13 Results.................................................................... 20

ENVIRONMENTAL AND SUSTAINABLE DEVELOPMENT. 56 Measures .................................................... 21

1. WE OBTAINED GLOBAL CONSENSUS AT THE RIO +20 SUMMIT FOR THE SUSTAINABLE DEVELOPMENT OBJECTIVES. 1 Measure ..................................................................................... 21

2. EFFECTIVE IMPLEMENTATION OF FOREST-RELATED STANDARDS. 11 Measures .......................... 22

a. We strengthened the covenant for legal timber .............................................................................. 22

b. We regulated the forest registry ................................................................................................... 22

c. We established a system for monitoring deforestation and estimating carbon in natural forest.............. 22

d. We modified the regulations for processing the requests for removing forest reserve areas for urban expansion ................................................................................................................................ 22

e. We regulated the redefinition of the boundaries of the Bogota river forest reserve ............................... 22

f. We regulated the removal of forest reserve areas to be dedicated to agricultural reform and rural development programmes, and for land restitution to victims ........................................................... 22

g. We regulated the use and operation of Bogota river forest reserve ................................................... 23

h. We implemented the Forest Law Enforcement, Governance and Trade (FLEGT) project to improve forestry governance and to fight against illegal exploitation of timber ................................................. 23

i. We reinforced the prohibition of mining exploitation in forest reserves ............................................... 23

j. We reached agreement with the other countries of the Andean Community – Peru, Ecuador and Bolivia - to cooperate in the fight against illegal mining ................................................................................ 23

k. Within the framework of the Andean Community and the Amazon Cooperation Treaty Organization and with the support of the government of Finland, we established plans for strengthening capacities in monitoring deforestation ............................................................................................................. 23

3. EFFECTIVE IMPLEMENTATION OF BIODIVERSITY STANDARDS. 5 Measures .................................. 23

a. We improved the national biodiversity policy ................................................................................. 23

b. We established a policy for sustainable commercial development of biotechnology ............................. 24

c. We implemented a sustainable bio-commerce programme .............................................................. 24

d. We adopted measures for the protection of threatened species........................................................ 24

e. We protected special areas of the country and strengthened their institutions ..................................... 24

4. EFFECTIVE IMPLEMENTATION OF WATER STANDARDS. 12 Measures ........................................... 24



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a. We adopted strategic plans for the Magdalena-Cauca and Caribbean basins ..................................... 25

b. We installed new instruments for measuring rainfall, river levels, and river flows ................................. 25

c. We are formulating plans for the management of a number of river basins and wetlands specially sensitive to economic activities ................................................................................................... 25

d. We strengthened international cooperation for better water management .......................................... 25

e. We approved the largest investment in history for the management of river basins: 77.8 million euros .. 25

f. We coordinated the environmental agenda with civil society group Federriego ................................... 25

g. We regulated and implemented the registry of users of water resources ............................................ 26

h. We regulated the management, use and disposal of water resources ............................................... 26

i. We implemented new measures in connection with water resource management ............................... 26

j. We implemented preventive measures for the rainy season ............................................................ 26

k. We organized a national day for cleaning up beaches, rivers, and wetlands ....................................... 26

l. We provided aqueducts to indigenous communities of Cauca province ............................................. 26

5. EFFECTIVE IMPLEMENTATION OF NATURAL RESOURCES SUSTAINABLE EXTRACTION. 10 Measures .................................................................................................................................... 27

a. We toughened the compensations for losses of biodiversity ............................................................ 27

b. We participated in the fourth meeting of the Rotterdam convention for the elimination of the use of mercury in mining...................................................................................................................... 27

c. We put into operation for the public in general a specialized software that generates environment-related early warnings for any project ..................................................................................................... 27

d. We strengthened institutions for the environmental and sustainable development sector ..................... 27

e. We defined criteria for imposing environmental sanctions ................................................................ 28

f. We established procedures for clean development mechanisms ...................................................... 28

g. We established procedures for the approval of projects that reduce greenhouse gas emissions ........... 28

h. We regulated a registry for environmental offenders ....................................................................... 28

i. We defined a strategy for coordinating policies and actions related to climate change ......................... 28

j. We strengthened institutions for sustainable mining ....................................................................... 28

6. VOLUNTARY MEASURES AND ACTIONS IN THE PRIVATE SECTOR FOR ENVIRONMENTAL AND SUSTAINABLE DEVELOPMENT. 4 Measures .................................................................................. 29

a. We attained 10th place in the ISO 14000 international standard for environmental management .......... 29



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b. We attained second place in Latin America for our commitment to the United Nations Global Compact for considering the human dimension of globalization in the areas of labour, the environment, and human rights ....................................................................................................................................... 29

c. The private sector has made voluntary commitments to adopt pro-environmental actions .................... 29

d. We consolidated Colombia's leadership in Latin America in programmes for expanded responsibility of the producers in waste management ............................................................................................ 29

7. STRENGTHENING SOCIAL DIALOGUE REGARDING ENVIRONMENT AND SUSTAINABLE DEVELOPMENT. 8 Measures ........................................................................................................ 30

a. We conducted information events on climate change and risk management....................................... 30

b. We conducted the XII Amazon Regional Round Table .................................................................... 30

c. We have convened the National Environmental Council .................................................................. 30

d. We guaranteed the fundamental right to prior consultation. Presidential directive 1 of 2010 .................. 31

e. We are accountable for the government management regarding environment and sustainable development ............................................................................................................................ 32

f. We held the seventh Inter-American Dialogue On Water Management .............................................. 32

g. We developed environmental policies, plans, and programmes based on an online public forum .......... 32

h. We created multiple forums for consultation and consensus-building with ethnic groups ...................... 32

8. FIGHT AGAINST IMPUNITY. 3 Measures ........................................................................................ 32

a. We established a new regime for environmental sanctions .............................................................. 32

b. We strengthened the Attorney General's Office in order to improve the investigation of crimes against natural resources and the environment ......................................................................................... 33

c. We have disciplinary mechanisms for disciplinary prevention and control on environmental matters ..... 33

9. IMPROVED INTERNATIONAL COOPERATION FOR THE ENVIRONMENT AND SUSTAINABLE DEVELOPMENT. 2 Measures ........................................................................................................ 33

a. We concluded a Memorandum of Understanding with the European Union focused on raw materials and mining ..................................................................................................................................... 33

b. We cooperate with the EU in the field of climate change ................................................................. 33

10. CONCRETE RESULTS IN ENVIRONMENT AND SUSTAINABLE DEVELOPMENT. 15 Measures ....... 33

a. Colombia is ranked 12th in the world for projects reducing greenhouse gas emissions ......................... 33

b. In 2011 we made a significant progress in projects of clean development .......................................... 34

c. We began to implement the strategy of low carbon development ...................................................... 34

d. We reduced pesticide run-off to the Caribbean Sea ........................................................................ 34



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e. We punish severely violations to the environmental legislation ......................................................... 34

f. We trained miners in sustainable mining ....................................................................................... 34

g. We offer tax benefits to encourage significant investments in control and environmental monitoring ..... 34

h. We speed up the procedures for obtaining environmental licenses ................................................... 35

i. We improved the procedures for obtaining environmental permits and the monitoring of projects with environmental licenses .............................................................................................................. 35

j. Colombia has one of the lowest levels of greenhouse gas emissions in the world ............................... 35

k. Colombia: first in South America, second in the Americas in environmental performance. .................... 35

l. We are in the process of deciding, with wide public debate, whether or not to grant an extension to important mining concessions ..................................................................................................... 35

m. We have denied eight environmental licenses for expanding the operation of carbon mines in the province of Cesar for non-compliance with environmental standards ................................................. 35

n. Many suspects of environmental crimes were captured................................................................... 35

o. We severely punished violations to the environmental legislation...................................................... 36

LABOUR RIGHTS. 17 Measures ............................................................................................................ 36

1. EFFECTIVE ENFORCEMENT OF LEGISLATION. 5 measures ........................................................... 36

a. We strengthened the institutional framework ................................................................................. 36

b. We regulated cooperatives in order to fight against violations of labour rights ..................................... 36

c. We trained public and private officials on fundamental labour rights .................................................. 36

d. We strengthened the dialogue with public servants and their trade unions ......................................... 36

e. We have informed the Colombian Congress of the exchange of opinions between the government and members of the European Parliament .......................................................................................... 36

2. FIGHT AGAINST IMPUNITY. 6 measures ........................................................................................ 37

a. We increased the number of labour inspectors .............................................................................. 37

b. We increased the number of labour inspections ............................................................................. 37

c. We strengthened channels for citizens’ complaints against labor rights violations ............................... 37

d. We defined as criminal any action against freedom of assembly and association and against collective bargain .................................................................................................................................... 37

e. We created a Special Committee for Resolving International Labour Organization Disputes ................. 37

f. We penalized any violation of labour rights ................................................................................... 37

3. ENHANCING SOCIAL DIALOGUE. 6 Measures ................................................................................ 37



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a. We enhanced the Tripartite Agreement between employers, trade unions, and the Government with explicit reference to the negotiations with the EU ........................................................................... 38

b. In consensus with private sector and workers, we increased the 2012 minimum wage, above inflation .. 38

c. We provided an account for our governments administration regarding labour rights ........................... 38

d. We co-designed strategies to generate high-quality employment ...................................................... 38

e. We reactivated the Inter-institutional Human Rights Commission...................................................... 38

f. We provide training in labour protection and fundamental labour rights ............................................. 38

4. CONCRETE RESULTS IN LABOUR RIGHTS. 9 Results .................................................................... 38

a. In June 2012, we held inspections to 195 cooperatives and pre-cooperatives, on sensitive sectors ...... 39

b. We have imposed sanctions to a large number of cooperatives and pre-cooperatives for violations to labour rights ............................................................................................................................. 39

c. Port sector: We provided training for 8 companies with the support of the International Labour Organization............................................................................................................................. 39

d. Between April and July 2012 97 new labour organizations were registered ........................................ 39

e. Between April and July, 2012; 74 conventions were deposited, 59 pacts and 64 conventions were denounced ............................................................................................................................... 39

f. Between April and July 2012, 93,025 verbal consultations were resolved .......................................... 39

g. We have imposed numerous sanctions for the violation of labour standards....................................... 39

h. Between July 2011 and June 2012 the following sanctions have been imposed: ................................. 39

i. We have encouraged mutual agreed solutions in a large number of disputes on the application of labour rights ....................................................................................................................................... 40



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A. COLOMBIAN ACTION PLAN 2010-2014

• INTRODUCTION

Colombia has a transparent and binding Action Plan on human, environmental and labour rights, aimed, amongst other purposes, to safeguard human rights, to strengthen and to enhance the rights of trade unionists as well as to protect the environment. The Plan sets out clear, ambitious and sustainable objectives, bound by a schedule and based on results in each of the above-mentioned fields. The targets are clear, specific, verifiable, ambitious and realistic allowing the President of the Republic to conduct strict monitoring and control over compliance and performance across the different institutions involved. Hereinafter we highlight the goals adopted by Colombia in this Action Plan, the most significant measures adopted to attain such goals and some of the most relevant results already obtained in its implementation.

CHAPTER I. GOALS FOR A FOUR-YEAR TERM. 56 Goals to August 2014

Colombia's National Development Plan adopted by law is the framework of government policies formulated by the President of the Republic through his government. The timeframe of the plan is 4 years, corresponding to the constitutional term of the President. The National Development Plan is the roadmap of the Government for which it is held accountable before the Congress and the citizens. The Plan is the result of consultations with civil society through the National Planning Council. Moreover, it was consulted with all ethnic communities through a Preliminary Consultation Mechanism. In order to monitor the implementation of the National Development Plan, the Government has a “Monitoring System”, which is an inter-institutional tool of the Office of the President for programming, managing and monitoring the results of the Government's main programmes. The system enables the interaction between institutions of the executive branch directly involved in the fulfillment of government’s commitments, providing real time information on the progress made vis-à-vis the four-year and annual goals of the National Development Plan and the progress made in other priority commitments. The most relevant goals on Human Rights, International Humanitarian Law, Sustainable Growth and Labour Rights are set out below.

1. HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW. 26 Goals

a. Prevention of Human Rights and International Humanitarian Law violations: 6 goals



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1. Establishment, regulation and implementation of the National Human Rights and International Humanitarian Law System. Goal: 100% 2. Implementation of comprehensive prevention plans against Human Rights violations in each Province. Goal: 32 Provinces. 3. Municipal plans with prevention and protection measures formulated within the framework of the National Consolidation Plan. Goal: 51 Municipalities 4. Community plans with prevention and protection measures formulated within the framework of the prevention strategy for land restitution. 4 Communities: Curvaradó and Jiguamiandó (Province of Chocó), La Porcelana (Province of Antioquia), Chibolo (Province of Magdalena). 5. Meetings of the National Oversight Committee for the adoption of specific protection measures for cities with higher risk of Human Rights violations. Goal: 14. 6. Elaboration of development plans in each political and administrative territorial division guaranteeing people’s right to life, freedom, security, equality and non-discrimination, as well as the promotion of Human Rights culture. Goal: 132 as follows: 32 Provinces and 100 municipalities with Development Plans containing a Human Rights component.

b. Protection. 2 Goals 1. Beneficiaries of protection measures enjoying the right of life. Goal: 100%. 2. Protection and security schemes transferred from the Departamento Administrativo de Seguridad – DAS- to the National Protection Unit. Goal: 256 transfers.

c. Support and comprehensive reparations to victims. 18 goals 1. Regional Centers for Aid and Comprehensive Reparation to Victims. Goal: 27. 2. Provision of emergency humanitarian aid to ethnic groups victims of forced displacement. Goal: 100%. 3. Provision of emergency humanitarian aid to families of victims of forced displacement. Goal: 100%. 4. Organization of round tables with victims. Goal: 600. 5. Humanitarian missions for emergency prevention and response. Goal: 1,611. 6. Municipalities with contingency plans accompanied and advised. Goal: 320 municipalities. 7. Indemnification of children and adolescents with funds placed on a trust fund. Goal: 15,787. (This indicator allows monitoring children and adolescents to be indemnified as a result of murder, forced disappearance, abduction, crimes against freedom and sexual integrity, torture or damages derived from infringements mentioned in Article 3 of Law 1448 of 2011, entitling them to a trust fund facility. A trust fund has been established to safeguard and obtain economic returns to indemnify underage victims until they reach legal age and become able to make use of these funds). 8. Indemnified children and adolescents who are still under the support programme upon reaching legal age. Goal: 100%. 9. Designed and registered plans of collective reparation. Goal: 32.



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10. Formulation of collective reparation plans with the participation of victims including support programmes during implementation. Goal: 280 plans. 11. Formulation of collective reparation plans for ethnic groups in process of implementation, including a support programme during implementation. Goal: 140. 12. Formulation of individual reparation plans with active participation of victims, including a support programme during implementation. Goal: 277,730. 13. Percentage of responded emergency and transitional humanitarian aid requests. Goal: 100%. 14. Return or relocation processes with already formulated plans. Goal: 100%. 15. Collective reparations already implemented. Goal: 400. 16. Integral Mobile Units currently under operation. Goal: 25. (Integral Mobile Units for victims aid visit communities in remote locations with little institutional support and that have suffered violence in the context of the internal armed conflict. The purpose is to reach out the afflicted population and that this population becomes acquainted with what the government is offering and gains access to aid, assistance and comprehensive reparation measures, and subsequently exercise their rights.) 17. Victims indemnified for causes other than displacement. Goal: 385,846. 18. Displaced households returned to their place or relocated to other place with institutional support. Goal: 60,000.

2. SUSTAINABLE DEVELOPMENT. 28 Goals

a. Biodiversity and ecosystem services. 7 goals 1. Hectares of forest reserves (Law 2 of 1959) territorially regulated and delimited: 27,097,828 hectares. 2. Updated map of continental, coastal and maritime ecosystems: 100%. 3. Regulated and delimited forest areas adopted by administrative decision: 15,000,000 hectares. 4. Hectares of paramos ecosystems with a demarcation at a scale of 1:25,000 (in 2010 the scale was 1:250,000): 1,186,343 hectares. 5. Formulation of a national policy for hydro biologic resources: 100%. 6. Restored or rehabilitated hectares for protection purposes: 90,000 hectares. 7. New hectares incorporated into the National System of Protected Areas: 3,000,000 hectares.

b. Environmental management of water resources: 3 goals 1. Municipalities affected by floods during the rainy season that adopt updated Plan to regulate the use of their territory: 220. 2. Strategic plans in major basins: 5 plans. 3. River basin regulated use and management plans under the new legal framework of basin regulation: 83 plans.



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c. Environmental, sectorial and urban management. 12 goals 1. Percentage reduction in the national energy consumption/GDP ratio (energy intensity): 3%. 2. Percentage reduction in mercury use in mining processes (in five projects identified by the Ministry of Housing, City and Territory): 10%. 3. Processed applications of projects, civil works or activities subject to environmental licensing under the jurisdiction of the Ministry of the Environment already resolved about: 100%. 4. Sectorial environmental action plans concerted with Ministries of Transportation, Agriculture and Urban Development, Housing, City and Territory, Mining and Energy: 4. 5. Sectorial environmental action plans of the prioritized sectors of the National Development Plan being implemented: 4. 6. Number of prioritized gold mining areas where the strategy to control illegal mining exploitation is being implemented : 5. 7. Environmental Units established in the Ministries of Housing, City and Territory, Transportation, Agriculture and Urban Development, Mining and Energy: 4. 8. Measuring stations for reporting compliance with air quality standards: 135. 9. Percentage of sustainable State procurement: 10%. 10. Vehicles entering the auto fleet in 2014 with technologies suitable to available fuels: 4,739. 11. Environmental assessments in the prioritized economic sectors: housing, infrastructure, agriculture and mining: 4. 12. Establishment of a Colombian Technical Standard in the category of sustainable construction for awarding the Colombian Environmental Seal: 100%.

d. Climate change, reduction of vulnerability and strategy for low-carbon development. 6 goals 1. Sectorial strategies for low-carbon development: 4. 2. Sectorial plans incorporating policies for adapting to climate change: 14. 3. Export products with identified trade barriers and strategies to deal with them: 5. 4. International resources channeled directly or indirectly toward the country for the development of

the REDD+ (Reducing Emissions from Deforestation and Forest Degradation) national strategy, early implementation projects and topics related to forest carbon: US$4,000,000 Approximately € 3,195,204).

5. Clean Development Mechanism Projects including the participation in new carbon markets: 142. 6. Number of hectares where deforestation was avoided: 200,000 hectares.

3. LABOUR AND UNION RIGHTS. 2 Goals

a. Verification visits for the compliance of the labour law Regular visits to verify compliance with labour laws in the economic sectors of mining, transportation, floriculture, palm oil and sugar cane farming.



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Goal Jan-Dec 2012: 950 Goal to Dec 2013: 1,050 Goal 2010-2014: 1,200

b. Ratio of inspectors for every 100,000 active jobs Ratio of inspectors for every 100,000 active jobs in the labour market. Goal for Jan-Dec 2012: 3.07 Goal to Dec 2013: 3.67 Goal for 2010-2014: 4.27 (In absolute terms, between 2011 and 2014 Colombia will increase the number of labour inspectors by 380 officials, reaching more than 900 inspectors by 2014.)

CHAPTER II. MEASURES IN HUMAN RIGHTS, ENVIRONMENT, SUSTAINABLE DEVELOPMENT AND LABOUR RIGHTS. 101 Measures, 37 advances and achievements

HUMAN RIGHTS. 28 Measures

1. HUMAN RIGHTS POLICIES, PLANS AND PROGRAMMES. 12 Measures

a. In 2008, Colombia voluntarily submitted request to be reviewed under the Universal Periodic Review of human rights established by the United Nations, and the report including a detailed list report of our challenges, goals, and achievements, and since then Colombia has complied with the agreed goals In December 2008, Colombia voluntarily attended the Universal Periodic Review. 43 delegations from different countries participated in the dialogue with questions and recommendations. Colombia accepted 65 recommendations and made 69 voluntary commitments. Over the last 5 years, Colombia has monitored the commitments made resulting in substantial progress on all 133 commitments. Colombia will present itself, again, between April 22 and May 3, 2013 to the Universal Periodic Review.

b. We set out in the 2010-2014 National Development Plan, the principal guidelines for Human Rights and International Humanitarian Law governing the actions of institutions during the four-year-period The Plan set out the creation of the National System of Human Rights and International Humanitarian Law to formulate and coordinate the Comprehensive National Policy on Human Rights and International Humanitarian Law and to consolidate sectorial public policies with a human rights approach and differential focus.



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The Plan includes: the development of a Comprehensive National Policy on Human Rights and International Humanitarian Law, whose main components are: (a) A national action plan on Human Rights and International Humanitarian Law, (b) prevention of Human Rights violations and breaches of International Humanitarian Law, (c) Human Rights education and culture, (d) protection, (e) adoption of a comprehensive Human Rights and International Humanitarian Law, policy by the Ministry of Defense, (f) access to justice and fight against impunity, (g) international scenario, and (h) equality and non-discrimination. Develop a comprehensive policy on aid and reparation to victims of serious Human Rights violations and International Humanitarian Law breaches. Finally we decided to create the National System of Aid and Reparation to Victims of serious Human Rights violations and International Humanitarian Law breaches, which enables coordination of actions of government agencies in this area.

c. We created a national system for Human Rights and International Humanitarian Law to integrate the activities of all institutions, civil society groups, and the international community in these areas Decree No. 4100 dated November 2nd, 2011. The National System for Human Rights and International Humanitarian Law is structured into 6 main sub-systems and 2 cross-cutting issues: (a) Citizenship, Human Rights culture and education (Ministry of Education and Ministry of Culture); (b) civil and political rights (Ministry of Defense and Ministry of Interior); (c) International Humanitarian Law and armed conflict (Ministry of Defense and Ministry of Interior); (d) economic, social, cultural, and environmental rights (Department for Social Prosperity and National Planning Department); (e) justice (Ministry of Justice); (f) equality, non-discrimination and respect to ethnic groups (Ministry of Culture and Ministry of Interior); (g) international Affairs (Ministry of Foreign Affairs - Cross-cutting Issue); and (h) communications (Ministry of Communications - Cross-cutting Issue). The National System for Human Rights and International Humanitarian Law coordinates actions with the National System of Aid and Reparation to Victims, created through Law 1448 of 2011.

d. We ordered comprehensive AID to victims of the internal armed conflict and the restitution of land to people forced off their land or property In 2011, the National Congress enacted the Law on Victims and Land Restitution, Law 1448.

e. We agreed on the allocation of resources in the amount of 22 billion Euros, to fund the implementation of the law on victims and land restitution



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Document 3712 of the National Council of Economic and Social Policy (December 1st, 2011): Financial Plan for the Feasibility of Law 1448 of 2011. The estimated cost for the period 2012 - 2021 is Col$ 54.9 trillion (approximately € 22 billion).

f. We strengthened the institutions for the application of the law of victims and land restitution The Decree No. 4801 of 2011 establishes the internal structure of the Special Administrative Unit for managing the restitution of dispossessed land. The Decree No. 4800 of 2011, establishes the mechanisms for the enforcement of measures of aid, assistance and comprehensive reparation of victims under Article 3 of Law 1448 of 2011, for the materialization of those constitutional rights. The Unit has made progress in developing a methodology to adopt contingency plans for all known types of victimizing, and not exclusively for displaced populations. Furthermore, it has a goal of 80 plans, joined in their formulation with monitoring and control during the months of June to December 2012. It has also made significant progress in focusing the areas of intervention in the municipalities most severely affected by violence, through an index of victimization risk.

g. We established guidelines, a plan for implementing goals, and monitoring mechanisms for the national plan on comprehensive aid and reparation to victims During the meeting held on May 30, 2012 by the National Council of Economic and Social Planning.

h. We strengthened regional institutions for aid and restitution of land to victims 1. Offices of the Unit of Land Restitution: By 2012, we expect to have 21 offices throughout the country. Currently, 14 Units have been created, including Bogotá. The functions of these Offices are to: undertake the procedures for the inscription on the Registry of Dispossessed or Abandoned Land, represent the victims in their complaints filed before judges and magistrates specialized in land restitution, pay for any damages as a result of a court order, manage the restitution fund, and develop a debt relief programme. 2. Regional Centers for Aid and Reparation to Victims: By the end of 2012 we expect to have six Regional Centers and inter-administrative agreements with regional authorities to create the largest possible number of Regional Centers. The function of these centers is to unify and pool the offer of institutional aid to victims, in such a manner that victims only need to visit Regional Centers to be informed about their rights, as well as for their inscription in the Registry of Victims. In the absence of such Regional Centers, victims would have to travel to Bogotá.

i. We strengthened justice enforcement mechanisms for the implementation of law of victims As from January16th 2012, 5 civil district courts specialized in land restitution became operative, to hear cases from the cities of Bogotá, Cartagena, Cucuta, Cali and Medellin. Soon 15 magistrates and 22 judges will be in office, and this number will progressively increase to 60 magistrates and 134 judges by 2014.



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j. We strengthened legislation to guarantee justice, truth, and reparations to victims of demobilized illegal armed groups The Law 1424 of 2010 sets out provisions regarding transitional justice guaranteeing truth, justice and reparations to victims of demobilized illegal armed groups, granting legal benefits and other arrangements. In addition, threw the Decree 2601 of 2011, which rules Law 1424 of 2010, we created the framework to regulate the subscription procedure for the “Agreement for the contribution to the historical truth and reparation”.

k. We passed measures to locate and identify disappeared persons By Law 1424 of 2010.

l. We consolidated the National Registry of Disappeared Persons Directive 007 of 2011: Implementation of the National Registry of Disappeared Persons.

2. INSTITUTIONAL STRENGTHENING OF JUSTICE. 1 Measure

a. We strengthened the Attorney General's Office to fight against the impunity of crimes against human rights The number of prosecutors and judicial police officials dedicated to investigating crimes against trade unionists has increased by 150% over the past two years. The staff of the Office of the Attorney General increased by more than 1500 people. Likewise, financial resources increased in the amount of Col$ 170.000 million (approximately € 75 million) and it was approved an investment of Col$ 50.000 million (approximately € 22 million) for the establishment of units throughout the country. These resources are being incorporated into the budget of the Office of the Attorney General during 2011, 2012 and 2013, representing a 21% increase in the 2011-2012 periods and it is the most important budget increase in the last eight years. In 2011 we authorized a staff increase to strengthen the investigations in connection with: Demobilized illegal armed groups within the framework of transitional justice (Law on Justice and Peace), investigations related to the International Labour Organization and government officials (National Unit of Human Rights and International Humanitarian Law), crimes from emerging criminal gangs, terrorist groups, illegal drugs trafficking and environmental crimes. In addition through Decree 2933 of 2010 we organized the National Administrative System of Territorial Consolidation, as well as other programs related to the investigations of the Human Rights national Unite – ILO.

3. PROTECTION OF PERSONS AT RISK. 5 Measures



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a. We strengthened the programme for protection of persons at risk This includes journalists, human rights defenders, and social, rural, ethnic, trade union, political and community leaders, amongst others, with significant budget increases. The budget increased from €10.5 million in 2002, to more than €120 million in 2011. This programme offers special protection to 8,738 citizens, 13% of whom are trade unionists, 15% human rights defenders and 30% city councilors. The restructuring of this programme in 2011 was originated in the National Roundtable of Guarantees, as a proposal from civil society in agreement with the government. An investigation conducted in 37 countries in Latin America, Europe, Africa and the United States, with violence indicators similar to or above of those of Colombia showed that Colombia is the only country in the world having a victim’s protection programme. Programmes from other countries only protect witnesses and people collaborating with justice (in criminal cases).

b. We strengthened measures for protecting trade unionists In 2011, the Ministry of Interior issued a resolution which increased the scope of the protection to include; (a) trade union activists; (b) people in the process of creating a trade union, and; (c) former trade unionists threatened for the work done during their trade union activity. The budget allocated to the protection of trade unionists has increased gradually and significantly: In 2002, the budget for the programme of protection of trade union leaders was approximately € 5.3 million; in 2009, the budget implemented for the protection of trade union leaders was € 11.8 million. From 2002 to 2009, more than € 66 million have been invested in the protection of trade union leaders. In 2010, € 15 million were invested. In 2011, €59.2 million. For 2012, it’s budgeted € 85.7 million.

c. We disclosed the protection policy to trade union federations The National Protection Unit has held several meetings with trade union federations for the disclosing of commitments to protecting the life, freedom, integrity and security of union activists and trade unionists. Meetings have been held with: The Intersectorial Commission of Human Rights of Workers; the National Trade Union of Food Industry SINALTRAINAL (follow-up of measures in force and coordination of a risk level study for members of this trade union, as well as establishing some protecting measures); the Central Union of Workers CUT (follow-up of protection measures, review of its functioning and individual case analysis); Oil Sector Workers Trade Union USO (protection measures for this group and follow-up of such measures) the Chiriguana Workers Union (SINTRACHIRIGUANA) and the National Mining and Energy Union (SINTRAENERGETICA). In this same order, it’s worth mentioning to highlight that the members of CUT (Central Union of Workers) and GCL (General Confederation of labour) are always invited to participate to the Risk Assessment and Recommendation On Measures Committee.



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d. We decentralized the venues of committees for risk regulation and assessment We agreed to conduct meetings of the Committees for Risk Regulation and Assessment in 14 prioritized regions of the country, with two purposes: 1. To acknowledge and support the work done by Human Rights Defenders, social and community leaders, and to give the opportunity to civil society representatives to voice their views on subjects regarding prevention, protection and investigation. 2. To hold a meeting of the Committee for Risk Regulation and Assessment to analyze individual cases of leaders in human rights, social and community organizations who face extraordinary or extreme risks resulting from their political, public, social or humanitarian activities or roles. In this regard, the following meetings are worth noting: (a) September 29th, 2011, in Popayan, acknowledgement of Human Rights defenders by the Ministry of Interior and creation of a forum, where civil society of the Province presented its assessment on human rights. (b) October 6th, 2011, a meeting of the Committee for Risk Regulation and Assessment was held in the city of Barranquilla. (c) On November 23rd, it took place in Bogota. (d) On December 14th, 2011, a meeting was held between the President of the Republic and Human Rights civil society organizations.

e. We extended the benefits of the protection programme to those with land claims We included land restitution claimers in the protection programme. The measures adopted to protect this population depend on the geographical and social context. Some of the affected people do not accept certain kind of measures.

4. STRENGTHENING THE SOCIAL DIALOGUE ON HUMAN RIGHTS. 4 Measures

a. As part of the process of preparing for the National Conference on Human Rights and International Humanitarian Law, we held 15 forums in a number of provinces Data collecting process for drafting the Comprehensive Public Policy on Human Rights and International Humanitarian Law. Tripartite mechanism of participation and information exchange with civil society organizations and the support of the International Community. Between September 2011 and September 2012, 15 forums were held in a number of Provinces. (Atlántico, Quindío, Boyacá, Sucre, Tolima, Meta, Guainía, Caquetá, Putumayo, Guajira, Vaupés, Antioquia, Magdalena, Arauca and Córdoba). Before December 2012, it’s expected to complete the remaining forums.

b. We are strengthening the National System for Human Rights and International Humanitarian Law in the regions The National System for Human Rights and International Humanitarian Law will have a body responsible for the design, implementation, monitoring and assessment of the Comprehensive Human Rights and



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International Humanitarian Law Policy at local level. With the support of the national government, governors of Provinces and mayors steps will be taken to establish this body in the regions, taking into account the self-governance principle of local authorities. The Comprehensive Plans for Prevention of Violations of Human Rights and International Humanitarian Law are planning tools built by representatives of civil society, ethnic and local authorities, and the security forces with the aim of establishing the framework and action guidelines to: early and urgent prevention and guarantee of non-recurrence, face risk factors, eliminate threats or reduce their impact on the community. This instrument enables the definition of criteria for inter-institutional organization and coordination amongst different levels of the public administration (national, provincial and municipal). The goal for 2014 is to have an effective tool for the organization of inter-institutional actions for the fulfillment of government obligations in prevention and protection of human rights, which would be the responsibility of the Technical Group of Civil and Political Rights of the National System for Human Rights.

c. We led the way in encouraging businesses to voluntarily take Pro-Human Rights actions With the aim of understanding the scope of the Voluntary Principles in Security and Human Rights and to promote their implementation in Colombia, the Mining and Energy Committee on Human Rights was created in 2003. This Committee is a forum for study, thought and recommendation aimed at improving the performance of the mining/energy sector and the public administration regarding the respect of Human Rights in relation to public and private security. The members of the Mining and Energy Committee on Human Rights are: the government, companies, Embassies (United States, Netherlands, United Kingdom and Canada), and civil society organizations (Foundation Ideas Para la Paz and International Alert) acting as observers.

d. We have renewed and fortified the process of round tables of guarantees This is a forum created by mutual agreement between the government and civil society. It has the support of the international community and its primary objective is to formulate strategies and actions on prevention, protection and investigation enabling organizations of human rights defenders, and social and community leaders to fully carry out their work. The international institutions that have joined the work and the process carried out in the round tables on thematic issues are: the United Nations Development Programme that runs the technical secretariat, the Colombian Office of the United Nations High Commissioner for Human Rights, the Spanish and Swedish embassies and, recently, member countries of the G-24 led by the Swiss embassy and the Office in Colombia of the United Nations High Commissioner for Refugees (UNHCR).



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The aim for the 2010-2014 periods is to have local forums and an agreement between the local administrative bodies and human rights defenders on measures for protection, prevention and investigation in order to guarantee their work. Additionally, a nationwide communication strategy shall be presented to facilitate the recognition of human rights defenders in Colombia and their work, allowing society at large to know their work and to consolidate within institutions the defense and recognition of these defenders.

5. FIGHT AGAINST IMPUNITY IN HUMAN RIGHTS. 4 measures

a. We strengthened the investigations of crimes against trade unionists with the creation of the International Labour Organization Subunit As part of the Human Rights Unit of the Office of the Attorney General, in 2008 the International Labour Organization Subunit was created. Several specialized government employees in charge of knowing the crimes against unionist compose it. 2010-2011 this Subunit increased from 10 to 25 attorneys and from 100 to 243 investigators with Judicial Police duties. These are dedicated exclusively to crimes related to unionist members; homicides, threats, forced disappearances and torture.

b. We are adopting prioritizing criteria’s in investigations against labour organizations, concerted with the trade union´s confederations The General Attorney’s Office is in the process of adopting the policy of prioritization. As part of this process it has ordered the creation of the National Unit of Analysis and interdisciplinary contexts, to allow progress, inter alia, in those related to criminal macro structures that violate human rights of trade unionists, taking as a model the standards adopted by international tribunals.

c. We succeeded in obtaining the cooperation of the International Labour Organization for improving investigations on crimes against trade unionists August, 2012. The Office of the Attorney General and the International Labour Organization concluded a memorandum of understanding to strengthen investigation and prosecution of all cases of violence against trade unionists. It was signed by the Attorney General, Mr. Eduardo MONTEALEGRE LYNETT, and the director of the International Labour Standards Department of the International Labour Organization, Mrs. Cleopatra DOUMBIA-HENRY.

d. We trained judges and officials responsible for investigating crimes against trade unionists During 2011, officials in charge of investigation, ruling and punishment of human rights violation cases and breaches of international humanitarian law received training in 8 cities. Judges participated in the activities coordinated by the Office of the President of the Republic to fighting against impunity.



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6. IMPROVED COOPERATION IN HUMAN RIGHTS. 2 Measures

a. On July 4th 2012, we successfully held the 7th Colombia-EU Human Rights Dialogue Discussions were conducted in a frank and respectful manner on subjects such as; a) Colombia’s progress in the eradication of extreme poverty, highlighting the commitment of the Colombian Government to the creation of conditions for the prosperity of vulnerable populations by promoting social and economic rights; b) good practices in the labour relations both in Colombia and the European Union, recognizing the progress made by Colombia in labour protection and guarantees, as well as the efforts made and the challenges faced in the fight against impunity of human rights violations of trade unionists; c) progress was shown in relation to the launching of the National System of Human Rights and International Humanitarian Law, and the National Conference of Human Rights for the formulation of the Comprehensive Public Policy on Human Rights and International Humanitarian Law. Issues affecting human rights in Europe were also discussed, especially those in connection with migrant rights. In addition, the importance of effective cooperation in specific areas was highlighted. Finally, it was agreed to study the possibility of adjusting the structure of the dialogue to new issues and logistic realities.

b. We briefed the results of the Colombia-European Union human rights dialogue to NGOs On July 10th, 2012, the Colombian Ambassador in Brussels held a meeting with members of civil society that regularly follows closely the human rights situation in Colombia. This meeting was attended by representatives of the International Office for Human Rights - Action on Colombia, Amnesty International and the World Organization Against Torture. In this forum, the results of the 7th Mechanism of Dialogue were disclosed, the concerns raised by the NGOs were taken up and it was agreed to continue to exchange views in the future. It should be highlighted the concerns of the NGOs regarding possible cuts in cooperation by the EU.

7. CONCRETE RESULTS IN HUMAN RIGHTS. 13 Results 1. We are developing a methodology to formulate contingency plans to deal with any type of victimizing situations. 2. We are developing a methodology to formulate contingency plans to deal with any kind of victimizing behavior covering not only displaced population. 3. We are targeting intervention zones in municipalities that have been most affected by violence through a victimization risk index. 4. Number of trade unionists under protection measures to June 30th, 2012: 1,282. 5. Until July 31st, 2012, the National Protection Unit had under protection 246 people participating in land claiming processes. 6. We’ve received 414 applications from the persons claiming land in request for protection. 7. As of June 2012 we’ve reported major progress made in the process of the Round Table of Guarantees for human rights defenders. The following activities have taken place:



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a. 6 thematic sessions of the National Round Table of Guarantees on issues related to: investigation and prosecution, defense and security, human rights defenders and social leaders, protection of leaders within the framework of land claims, differentiated approach for indigenous peoples and Afro-Colombian communities, and rights of assembly and association as well as rights to public and peaceful demonstrations. b. The four existing Colombian peace and human rights platforms of civil society have participated, namely: the Permanent Assembly of Civil Society for Peace, the Colombia-Europe-United States Coordination, the Colombian Platform on Human Rights, Democracy and Development and the Alliance of Social and Related Organizations, all of which are organized under a common umbrella.

8. There have been more than 500 convictions for crimes against trade unionists. a. Case number 1787 of the International Labour Organization. 439 judgments where issued, with a total of 531 people prosecuted, 277 people accused and 71 currently under trial. b. Case number 2761 of the International Labour Organization. 13 judgments and 11 currently under trail.

9. Crime has fallen by more than 70% in areas where illegal armed groups used to operate. 10. Only 17% of murders of trade unionists in the last decade were are directly related to union activity, which shows clear progress and serious commitment from the Colombian government. 11. The total number of trade unionists is 500,000. The murder rate of trade unionists is 6 for each 100,000. This is five times lower than the country’s overall murder rate which was 30 for every 100,000 inhabitants in 2011. 12. Between 2001 and 2011 the number of murders has fallen by 47% and the number of trade unionists murdered has fallen by 85%. 13. Until May 2012, with the Model of Facilitators and Strategy, 1,130,651 petitions had been filed (regarding aid and guidance to victims), in 63 contact points of municipal authorities. There is a 50% increase in petitions filed compared to those filed during the same period in 2011 (752,161 petitions).

ENVIRONMENTAL AND SUSTAINABLE DEVELOPMENT. 56 Measures

1. WE OBTAINED GLOBAL CONSENSUS AT THE RIO +20 SUMMIT FOR THE SUSTAINABLE DEVELOPMENT OBJECTIVES. 1 Measure These objectives are a set of voluntary indicators, organized according to subject areas, aimed at balancing the economic, social and environmental dimensions of sustainable development. The countries underlined the fact that this set of indicators is a useful tool focusing on the fulfillment of specific, action-oriented development goals, easy to communicate, limited in number, ambitious, with a global nature and universally applicable, taking into account different realities, capabilities and levels of development and respecting national policies and priorities. (Document: A/CONF.216/L.1p51 Chap. V).



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2. EFFECTIVE IMPLEMENTATION OF FOREST-RELATED STANDARDS. 11 Measures

a. We strengthened the covenant for legal timber On August 31st, 2011, the Covenant for Legal Timber in Colombia was extended to August 2015 and the number of participants was increased. The objective of this covenant is to ensure that timber harvested, transported, processed, marketed and used comes only from legal sources. The fact to have included this covenant in the National Development Plant 2010 - 2014 is a clear signal of the commitment of Colombia regarding the environmental policy.

b. We regulated the forest registry We implemented Law 1377 of 2010 by Decree 2803 of 2010 that sets out the registry of forest plantations and agro forestry systems with commercial purposes, protective forest plantations and transportation of forestry products for primary processing.

c. We established a system for monitoring deforestation and estimating carbon in natural forest In 2011 a System to Monitor Deforestation was established which calculates the annual deforestation at a scale of 1:100,000 and estimates carbon contents in Colombian natural forests.

d. We modified the regulations for processing the requests for removing forest reserve areas for urban expansion The Resolution 1917 of 2011, which modifies the first and the second articles of the Resolution 871 of 2006, this establishes the procedure and requirements needed to obtain the removal of forest reserve areas for urban expansion of the Law 2 of 1959. Other determinations where adopted, which facilitated and speeds up, the process of registry of the forest reserve areas.

e. We regulated the redefinition of the boundaries of the Bogota river forest reserve The Resolution 511 of April 19th, 2012 established the process for demarcation of the new boundary of the forest reserve of the upper Bogota river basin. This Resolution makes clear the areas that should remain as forest reserve.

f. We regulated the removal of forest reserve areas to be dedicated to agricultural reform and rural development programmes, and for land restitution to victims The Resolution 629 of May 16th, 2012 established the requirements and the procedure for the removal of forest reserve areas (established by Law 2 of 1959) to be dedicated to agricultural reform and rural development programmes (Law 160 of 1994) oriented towards the rural economy, and for legal and material restitution of land to victims in the framework of Law 1448 of 2011. This Resolution enables the land use for purposes other than forestry according to the uses and functionalities within the regulations.



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g. We regulated the use and operation of Bogota river forest reserve The Resolution 755 of June 1st, 2012 established management measures to minimize the environmental impact and to increase social benefit for residents of the area

h. We implemented the Forest Law Enforcement, Governance and Trade (FLEGT) project to improve forestry governance and to fight against illegal exploitation of timber The FLEGT project was implemented in Colombia; this allows only legal timber from our country to be imported in the European Union. This promotes better application of forest laws and an inclusive perspective with the private sector and the civil society related to the subject.

i. We reinforced the prohibition of mining exploitation in forest reserves By means of Circular No. 18001 of 2011, we confirmed the prohibition of mining exploitation in forest reserve areas.

j. We reached agreement with the other countries of the Andean Community – Peru, Ecuador and Bolivia - to cooperate in the fight against illegal mining July 8th, 2012 representatives of the Andean Community integrated by; Bolivia, Colombia, Ecuador and Peru. Evaluated and approved a project, that seeks generate politics in material of the fight against illegal mining. This is subjected to ratification by the Minister Council of this organism.

k. Within the framework of the Andean Community and the Amazon Cooperation Treaty Organization and with the support of the government of Finland, we established plans for strengthening capacities in monitoring deforestation On August 23rd, 2012 the Andean Community members defined national plan that strengthen the capacities in monitoring the coverage of the land, deforestation and environmental degradation. They also agreed to motivate the development of methodological processes and deforestation reports in the Andean region. Additionally, they interchanged experiences on this subject with the representatives of the Amazon Cooperation Treaty Organization and they agreed to identify possible areas where they could work together.

3. EFFECTIVE IMPLEMENTATION OF BIODIVERSITY STANDARDS. 5 Measures

a. We improved the national biodiversity policy On July 26th, 2012, the national policy for integrated management of biodiversity and ecosystem services was launched. This policy expands the concept of biodiversity, recognizing that it comprises various processes, including integrated efforts in preservation, restoration, sustainable use, and knowledge and information building. The policy also recognizes the strategic character of biodiversity as a principal source,



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basis and guarantee for provision of ecosystem services. The key themes of this policy are nature conservation and care; governance and creation of public values; economic development, competitiveness and quality of life; knowledge, technology and information management; risk management and provision of ecosystem services; and shared responsibility and global commitments.

b. We established a policy for sustainable commercial development of biotechnology The Policy for Commercial Development of Biotechnology was established, through the Sustainable Use of Biodiversity (Document No. 3697 of the National Council of Economic and Social Policy, July 14th 2011), which creates the economic, technical, institutional and legal conditions to attract public and private resources. This allows for the development of businesses and commercial products based on the sustainable use of biodiversity, specifically biological, genetic resources and their derivatives.

c. We implemented a sustainable bio-commerce programme During the period 2010-2012, the National Programme of Sustainable Bio-Trade has been under development. The purpose is to promote the development of innovative and competitive businesses. In the field of bio-trade, contributing to biodiversity preservation, ecosystem services and human well-being of Colombian society, within the framework of the National Policy for the Integrated Management of Biodiversity and Ecosystem Services.

d. We adopted measures for the protection of threatened species Within the framework of the Convention on International Trade in Endangered Species of Wild Flora and Fauna, we adopted measures for the environmental management and control of the species Babilla and the exportation of furs or parts (tails, flanks or fractions) of the subspecies Caiman crocodiles.

e. We protected special areas of the country and strengthened their institutions The National System for Protected Areas brings together the protected areas, social actors, and management strategies and instruments, in order to contribute as a whole to the enforcement of the country's conservation objectives, including the following: National Nature Parks: 41; Fauna and Flora Sanctuaries: 10; Nature Reserves: 2; Unique Natural Area: 1; Park Route: 1. In 2011, through Decree 3572 of 2011, the Special Administrative Unit National Parks of Colombia was given the role of: managing the National Parks System; regulating body for the use and operation of the areas of the system; proposing and implementing policies and standards in connection with the National Parks System; formulating instruments for planning, and developing programmes and projects related to the National Parks System; undertaking studies for the demarcation, delimitation and expansion of areas in the National Nature Parks System, amongst others.

4. EFFECTIVE IMPLEMENTATION OF WATER STANDARDS. 12 Measures



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a. We adopted strategic plans for the Magdalena-Cauca and Caribbean basins Between August 2010 and May 2012, the Strategic Plans for the Magdalena-Cauca and Caribbean basins were adopted. Those plans establish guidelines and agreements for ensuring the conservation of 492.873 million m3 of water/year, benefiting 75% of the Colombian population, which is the equivalent of 21% of the entire country's water supply.

b. We installed new instruments for measuring rainfall, river levels, and river flows Between August 2010 and May 2012, 35 new hydrology and weather stations were installed, to measure river levels and flows and the amount of rainfall 24 hours a day. This makes it possible to establish with greater accuracy the risks of water shortage or floods, and thus to take preventive measures.

c. We are formulating plans for the management of a number of river basins and wetlands specially sensitive to economic activities With approximately €1.7 million of international cooperation funds from the Government of the Netherlands, we are formulating plans for the management of the Gualí, Pamplonita, and Chinchiná river basins and for the Magdalena river wetland complex, representing 473,000 hectares of those river basins with the greatest demand for water resources.

d. We strengthened international cooperation for better water management In December 2011, a Memorandum of Understanding between the National Planning Department and the Embassy of the Netherlands was signed to establish a cooperation plan for the Colombian-Dutch Water alliance, focused on three action areas: (a) management of water-related risks; (b) comprehensive management of river basins and deltas; and (c) water governance.

e. We approved the largest investment in history for the management of river basins: 77.8 million euros The project´s “Formulation and implementation of actions for the environmental management of river basins affected by La Niña phenomenon, between 2010-2011” was approved. This is the largest investment in history for the management of river basins, amounting to 77.8 million euro, whereby 130 Plans for the Management of River Basins will be formulated or reviewed, incorporating a risk management component.

f. We coordinated the environmental agenda with civil society group Federriego In November 2011, the Environmental Agenda with the National Federation of Improved Land Users (Federriego) was signed. The purpose is the implementation of environmental policies related to sustainable production and consumption and comprehensive management of water resources, focused on



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saving and efficient use of water. It also seeks to develop activities focused on mitigating and adapting to climate change.

g. We regulated and implemented the registry of users of water resources By Decree 303 of February 6th, 2012 which partially ruled Article 64 of Decree Law 2811 of 1974, establishes the registry of users of water resources. The Resolution 955 of 2012 adopted the form and the instructions for the registry of users of water resources.

h. We regulated the management, use and disposal of water resources Decree 3930 of 2010, which sets out the provisions related to the use, the management and disposal of water resources, the disposal on the soil and the discharge of sewage.

i. We implemented new measures in connection with water resource management By means of Circular 8000-238535 of June 25th, 2012, issued by the Ministry of Environment and Sustainable Development, regarding the adoption of measures related to water resource Management.

j. We implemented preventive measures for the rainy season Circular 8000-2-40805 of July 18th, 2012, issued by the Ministry of Environment and Sustainable Development ordering the implementation of Law 373 of 1997, as an immediate measure for the second rainy season of the year. These measures seek to guarantee efficient use and saving of water, as well as to prevent and mitigate the possible impacts of weather phenomena.

k. We organized a national day for cleaning up beaches, rivers, and wetlands The national day for cleaning up beaches, rivers and wetlands (“Everyone for Water”) took place on September 9th, 2012, in eight cities: Bogotá, Barranquilla, Cartagena, Santa Marta, Leticia, San Andrés, Girón and Bahía Solano.

l. We provided aqueducts to indigenous communities of Cauca province As a result of the vulnerability analysis of the United Nations Joint Programme 'Integration of Ecosystems and Adaptation to Climate Change in the Colombian Massif' the decision was made to provide water for human consumption to 1,650 families (approximately 8,250 inhabitants), 80% of them are indigenous and 20% are farmers. In this project local indigenous communities participated: Kokonuko, Paletará, Puracé, Poblazón and Quintana. Also different farmer communities participated: Asocampo and Asoproquintana, The municipal authorities and authorities of Cauca Province took part in the project, with the collaboration of; The municipal administrations of Popayan and Purace, the Municipal Agreement, the Foundation “Rio la piedras”, the United Nations agencies led by the office of the Resident and Humanitarian coordinator of the



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Joint Program, United Nations Development Programme, FAO, UNICEF, PAHO and OPS and the Spanish Agency for International Development Cooperation (AECID).

5. EFFECTIVE IMPLEMENTATION OF NATURAL RESOURCES SUSTAINABLE EXTRACTION. 10 Measures

a. We toughened the compensations for losses of biodiversity In August 2012, the Handbook for ‘Setting Compensations for Biodiversity Losses’ was published. This sets out a procedure for determining and quantifying compensation measures for biodiversity losses. This handbook was developed together with the National Authority for Environmental Licenses, The Nature Conservancy (TNC), the World Wildlife Fund (WWF) and Conservation International (CI).

b. We participated in the fourth meeting of the Rotterdam convention for the elimination of the use of mercury in mining In June 2012, the Ministry of Environment and Sustainable Development participated in the fourth meeting of the Rotterdam Convention (a Convention that seeks to regulate the use of mercury in the world). The progressive elimination of the use of mercury in artisanal and small scale mining was conditioned to the provision of resources through international cooperation to implement clean processes in mining activities. Currently there is an ongoing project for cleaner production process in small-scale gold mines to reduce the use of mercury in the process of gold extraction in two mines located in the municipalities of Iquira and Tesalia, in the Province of Huila. The purpose is to decrease the use of mercury by 100%.

c. We put into operation for the public in general a specialized software that generates environment-related early warnings for any project During August 2012, the Ministry of Environment and Sustainable Development in partnership with Conservation International and Findeter made available the 'Tremarctos software which generates environment-related early warnings for any road, mining, hydrocarbon, energy or any other project to anticipate any environmental risk and impact from the outset. Thanks to this tool, anyone interested in carrying out infrastructure projects may save up to 40% on environmental studies required for implementing such projects. At the same time, the pre-feasibility stage of infrastructure projects is reduced by six to nine months. The software also enables the identification and reduction of environmental, social and engineering risks. This new software analyses the cartographic layers of sensitive biodiversity (endemic, threatened and migratory), more than 450 protected areas at national, regional and local levels, and ethnic territories (indigenous reservations and land of afrocolombian communities).

d. We strengthened institutions for the environmental and sustainable development sector



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The Decree 3570 of September 27th, 2011, sets out the objectives and new structure of the Ministry of Environment and Sustainable Development, based on principles of environmental, social and economic sustainability.

e. We defined criteria for imposing environmental sanctions The Decree 3678 of 2010 sets out criteria for environmental authorities to impose sanctions established in article 40 of Law 1333 of July 21st, 2009. These sanctions are: fines, temporary or permanent closing, revocation/expiring the environmental licenses, confiscation or demolition of structures, among others sanctions.

f. We established procedures for clean development mechanisms The Resolution 2733 of 2010 adopted the requirements for and the evidence of contribution to the sustainable development of the country, sets out the procedures for the national approval of the programme of activities under the Clean Development Mechanism (CDM), and regulates the authorization of coordinating entities.

g. We established procedures for the approval of projects that reduce greenhouse gas emissions The Resolution 2734 of 2010 adopted the requirements for and evidence of contribution to the sustainable development of the country, and sets out the procedures for the national approval of greenhouse gas emissions reduction projects under the Clean Development Mechanism (CDM).

h. We regulated a registry for environmental offenders The Resolution 415 of 2010 regulates the Registry for Environmental Offenders.

i. We defined a strategy for coordinating policies and actions related to climate change The document No. 3700 of the National Council of Economic and Social Policy of July 11th, 2011, defines the 'institutional strategy for formulating policies and actions related to climate change in Colombia'. This strategy create spaces enabling sectors and territories to integrate the urgent economic and social problem of climate change into their planning processes, to coordinate all actors for appropriate use of resources, to reduce exposure and sensitivity to risks, to increase capacity of response and to prepare the country to move towards a path of sustainable development, generating competitiveness and efficiency.

j. We strengthened institutions for sustainable mining On May 3rd, 2012, was created the National Mining Agency through Decree 4134 of 2011. This body is responsible for the administration of Colombian mining resources and for ensuring that mining activities throughout the country operate appropriately.



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6. VOLUNTARY MEASURES AND ACTIONS IN THE PRIVATE SECTOR FOR ENVIRONMENTAL AND SUSTAINABLE DEVELOPMENT. 4 Measures

a. We attained 10th place in the ISO 14000 international standard for environmental management According to the ISO 2010 survey (http://www.iso.org/iso/iso-survey2010.pdf), Colombia is ranked 10th in the world in the index of the greatest growth of the number of certified companies in ISO 14000. In Latin America, Colombia is second in that index after Brazil.

b. We attained second place in Latin America for our commitment to the United Nations Global Compact for considering the human dimension of globalization in the areas of labour, the environment, and human rights By June 2012, 278 Colombian organizations have signed the commitment to the Global Compact, which has more than 8,000 signatories in more than 130 countries, consolidating Colombia's Global Compact Network as the second most important network after Brazil's. http://www.pactoglobal-colombia.org/archivos/informe-asamblea-2012.pdf

c. The private sector has made voluntary commitments to adopt pro-environmental actions In a survey conducted by the National Association of Industrials between 2009 and 2010, 242 businesses gave the following responses: 1. 81% of the companies have an environmental management policy. 2. 91% of the companies have taken actions to guarantee the sustainability of the environment. 3. 64% of the companies have initiatives related to hazardous waste more rigorous than existing

environmental standards. 4. 61% of companies have initiatives related to the use of natural resources more rigorous than

existing environmental standards. 5. 51% of the companies have initiatives related to disposal standards that are more rigorous than

existing environmental standards. 6. 82% of companies periodically evaluate the progress made regarding environmental initiatives. 7. 66% of the companies involve to neighboring communities in their environmental management

policies. 8. 94% of the companies believe that environmental management enhances the purposes of their

business.

d. We consolidated Colombia's leadership in Latin America in programmes for expanded responsibility of the producers in waste management



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According to the 2012 Yale Environmental Performance Index, Colombia currently has the most robust programme in Latin America on Expanded Responsibility of Producers, involving 380 businesses working in the collection of waste of 7 products at the end of the product life.

7. STRENGTHENING SOCIAL DIALOGUE REGARDING ENVIRONMENT AND SUSTAINABLE DEVELOPMENT. 8 Measures

a. We conducted information events on climate change and risk management In March 2012, during two days in Barranquilla, the directors of communications of the provincial governments, autonomous regional corporations, mayor's offices, government bodies and the regional TV channel Telecaribe participated in designing a communication and public information strategy for the comprehensive management of risks and adaptation to climate change for the Colombian Caribbean, sponsored by the Integrated Risk Management and Climate Change project of the United Nations Development Programme, the National Unit for Integrated Risk Management of Disasters, and the European Union, together with IDEAM, Ministry of Environment and Sustainable Development, Ministry of Housing, City and Territory, ASOCARS and INVEMAR.

b. We conducted the XII Amazon Regional Round Table Held on February 13th and 14th, 2012, in Bogotá. The Amazon Regional Round Table for Indigenous Peoples of the Colombian Amazon was created through Decree 3012 of 2005 and is made up of the following members: (a) The Minister of Justice and Interior or his delegate, who chairs the round table. (b) The Minister of the Environment, Housing and Territorial Development (now Ministry of Environment and Sustainable Development) or his delegate. (c) The Minister of National Education or his delegate. (d) The Minister of Social Protection or his delegate. (e) The Director of the National Planning Department or his delegate. (f) The General Manager of Incoder or his delegate. (g) The Director-General of the National Public Budget of the Ministry of Finance and Public Credit or his delegate. (h) The Governors of the Provinces of Amazonas, Caquetá, Guaviare, Guainía, Putumayo and Vaupés or their delegates. (i) The Director of the Corporation for Sustainable Development of the Southern Amazon, Corpoamazonia. (j) The Director of the Amazon Research Institute. (k) The Director of the Corporation for Sustainable Development of the Northern and Eastern Amazon, CDA. (l) The president of the Organization of Indigenous People of the Colombian Amazon, or a delegate chosen by the Executive Committee. (m) Two delegates from indigenous organizations of each of the following Provinces: Amazonas, Caquetá, Guaviare, Guainía, Putumayo and Vaupés, chosen by consensus by their respective organizations. (n) The Indigenous Delegates of the Board of Directors of Corpoamazonia and CDA.

c. We have convened the National Environmental Council Through Decree 3570 of September 27th, 2011, the structure and functions of the National Environmental Council were modified in order to strengthen its structure and functions. On August 1st, 2012, the last



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meeting of this council was held. With the creation of the National Environmental Council, it has been created the ideal forum for dialogue and coordination in order to achieve appropriate coordination in the public sector, with active participation of civil society, regarding policies, plans and programmes related to the environment and renewable natural resources. The Council is made up of representatives from: (a) national government, (b) supervisory institutions, (c) federations of municipalities and the confederation of provincial governments; (d) indigenous and Afro-Colombian communities; (e) the production, industry and export sectors; (f) environmental NGOs; (g) academia; and (h) scientific bodies. The National Environmental Council's functions include, as an advisory and coordinating body, recommending the adoption of measures to harmonize environmental regulations and decisions for the implementation of economic and social development projects by the production sector in order to ensure their sustainability and to minimize the impact on the environment, and putting forward to the National Government recommendations regarding policies and mechanisms for coordinating the activities of all institutions and public and private bodies whose operations affect, or may affect the environment and renewable natural resources. Paragraph 1 of article 28 of Decree – Law 3570 of 2011, established that the Council must meet at least once every six months. The most recent session of the Council, was held on the August 1, 2012.

d. We guaranteed the fundamental right to prior consultation. Presidential directive 1 of 2010 Between 2003 and May 2010, 311 Prior Consultation procedures were conducted for road, energy, mining and hydrocarbon projects, and for the exploitation of other natural resources. The consultation procedures, which used to last eighteen months on average, sometimes up to 3 or 4 years, now generally take no more than 6 months. In 2010, 15 consultations were recorded; in 2011, we recorded 279 for a total of 703 communities that were consulted. As regard the Prior Consultations of the National Development Plan 2010-2014: 1. On December 1st, 2010, a meeting was held with representatives of the gypsy population. 2. On January 26th, 2011, took place the prior consultation with representatives of the indigenous population, and a number of agreements were signed with the National Government. 3. On January 28th, 2011, took place the prior consultation with representatives of Afro-Colombian, Raizal and Palenquero communities and a number of agreements were signed with the National Government. Within the framework of Law 1448 of 2011 (Victims and Land law), the Ministry of Interior successfully held consultations for the enactment of decrees adopting measures for assistance, aid, comprehensive reparation and restitution of land rights to victims pertaining to indigenous, rom, afrocolombian, Raizal and Palenquero communities. These measures enable to guarantee differential attention and special protection to these communities, and also determine the appropriate way to achieve truth, justice and reparation.



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e. We are accountable for the government management regarding environment and sustainable development On 4th August 2012 in the city of Santa Marta, the Minister of Environment and Sustainable Development presented the achievements of the performance of the Ministry. f. We held the seventh Inter-American Dialogue On Water Management Colombia was the venue of the Seventh Inter-American Dialogue on Water Management, held in the city of Medellin from November 13th to 19th November 2011, with attendance of 1,400 persons. The main issue was the inter-generational commitment for a sustainable water management.

g. We developed environmental policies, plans, and programmes based on an online public forum The Ministry of Environment and Sustainable Development develops policies, plans, programmes and practices through a mechanism of public consultation available through its website. http://www.minambiente.gov.co/contenido/contenido.aspx?conID=1660&catID=609 in which all citizens, businesses, associations and entities can participate.

h. We created multiple forums for consultation and consensus-building with ethnic groups The Government of Colombia, through the Ministry of Interior, maintains an on-going social and political dialogue with the ethnic communities. In this regard, the government has created a number of forums to discuss social policies with these communities. These forums are the following: 1. Permanent Committee for consensus-building with Indigenous communities 2. Committee for the dialogue with the Awá community 3. National Commission for the Human Rights of indigenous community 4. National Commission for the dialogue with the Rom community 5. National High-Level Advisory Board for Afro Colombian Communities

8. FIGHT AGAINST IMPUNITY. 3 Measures

a. We established a new regime for environmental sanctions With the approval of Law 1333 of 2009 it was established an environmental sanctioning regime, the country now has the tools necessary to sanction those actions negatively affecting the environment, natural resources or human health. To guarantee the effectiveness of the principles and the goals in our Constitution, the international treaties, the laws and regulations, administrative sanctions and preventing measures are in force, which function is to avoid actions against the environment. This law gives foundation to one of the biggest goals on environmental protection in Colombia.



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b. We strengthened the Attorney General's Office in order to improve the investigation of crimes against natural resources and the environment In January 2012, the National Unit for the Public Prosecution of Crimes against the Environment was established. This Unit has 22 public prosecutors who work together with specialized criminal court judges, 20 assistant public prosecutors, 22 criminal investigators and 1 university professional. Some of the crimes that will be investigated are the illegal exploitation of natural resources, air pollution, illegal fishing and hunting, invasion of areas of ecological importance and illegal exploitation of mineral deposits. Enshrined in Chapter XI, Book II of the Criminal Code.

c. We have disciplinary mechanisms for disciplinary prevention and control on environmental matters The functions of the Attorney General's Office for Environmental and Agricultural Matters are: control of environmental management, intervention before administrative and judicial authorities, and adoption of disciplinary actions related to protection and preservation of the environment, natural resources and land-related rights and conflicts.

9. IMPROVED INTERNATIONAL COOPERATION FOR THE ENVIRONMENT AND SUSTAINABLE DEVELOPMENT. 2 Measures

a. We concluded a Memorandum of Understanding with the European Union focused on raw materials and mining May 2012: An agreement to establish a dialogue (In the framework of the bilateral consultation, established by the Colombia and European Union in November 2009) on raw materials was signed between the European Union and Colombia. The dialogue will promote mutual understanding and enhance bilateral cooperation and the exchange of information on policies regarding raw materials and mining. And establish communication channels to intensify information sharing mechanisms.

b. We cooperate with the EU in the field of climate change The cooperation between the Latin American and European Union countries was strengthened with the implementation of the EUROLIMA programme. This programme seeks to improve the understanding of the climate change impact and its incorporation into national policies of sustainable development.

10. CONCRETE RESULTS IN ENVIRONMENT AND SUSTAINABLE DEVELOPMENT. 15 Measures

a. Colombia is ranked 12th in the world for projects reducing greenhouse gas emissions Colombia has a portfolio of more than 182 greenhouse gas emissions reduction projects (77 new projects since August 2010). Participation in the international carbon markets will bring to the country more than



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US$ 211 million per year, reduce the generation of gases causing climate change by 22.7 million tons annually, and rank the country fourth in the region for projects of this kind registered before the United Nations, and 12th in the world.

b. In 2011 we made a significant progress in projects of clean development In 2011, 63 projects were registered before the Clean Development Mechanism, fulfilling 44.4% of the goals for the four years National Development Plan.

c. We began to implement the strategy of low carbon development During the first six months of 2012, we began to implement the low carbon development strategy. There are 14 donors and strategic partners, such as the governments of South Africa, Germany, United Kingdom, United States, and the European Union, through the United Nations Development Programme in Colombia, the World Resources Institute, the International Center for Tropical Agriculture, the German Development Cooperation, Mitigation Action Planning Scenarios and the Children Investment Fund Foundation. The strategy has been used as an example by international bodies such as the United Nations Development Programme and the International Organization for Clean Air Policies.

d. We reduced pesticide run-off to the Caribbean Sea During the period August 2010-June 2012, the GEF-REPCar project was completed, reducing pesticide run-off to the Caribbean Sea. The purpose of this project was to develop and implement better management practices and specific measures for control, use and application of pesticides in the agricultural sector. One of the results obtained was a reduction of up to 20% in the quantity of pesticides applied to banana and plantain crops by applying good environmental practices, which in turn reduced production costs and improved the quality of life for farmers and their families.

e. We punish severely violations to the environmental legislation Since June 8th, 2010, regional environmental authorities have imposed 2,840 sanctions to public entities, private companies and individuals for violations to the environmental legislation.

f. We trained miners in sustainable mining 700 miners were trained in topics related to cleaner production for gold extraction, the supply chain, and environmental and mining legislation to promote legalization and formalization.

g. We offer tax benefits to encourage significant investments in control and environmental monitoring During the period August 2010-June 2012, 184 certifications for tax benefits have been granted for an amount of approximately 18.9 million euro that may lead to investments in control and environmental monitoring of about 143.2 million euro.



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h. We speed up the procedures for obtaining environmental licenses During the period August 2010-June 2012, the National Authority for Environmental Licenses resolved 462 license requests in the hydrocarbon, electricity, agro-chemical, infrastructure and mining sectors. Of these, 328 corresponded to new licenses, and 134 corresponded to modifications of licensed projects.

i. We improved the procedures for obtaining environmental permits and the monitoring of projects with environmental licenses During the period August 2010-June 2012, 49,123 applications for environmental permits and environmental licenses were processed, and 890 projects with environmental license are being monitored.

j. Colombia has one of the lowest levels of greenhouse gas emissions in the world Colombia emits 0.37% of the world greenhouse gases, which is equivalent to 250 tons of CO2/million US$ of global GDP. On average, we generate 4.15 tons per capita, which is much lower than Latin America's average, which is equivalent to 8 tons per capita. The emissions from the energy sector are low given the fact that hydroelectricity accounts for 84% of the total energy production in Colombia. (2009).

k. Colombia: first in South America, second in the Americas in environmental performance. Colombia is ranked 27th in the Environmental Performance Index published by Yale University, based on the evaluation of the environmental performance of 132 countries. It is ranked 1st amongst South American countries and 2nd in the Americas, after Costa Rica.

l. We are in the process of deciding, with wide public debate, whether or not to grant an extension to important mining concessions During this year we have discussed whether to grant an extension to the concession of the Cerromatoso mine. Despite of the fact that the concessionaire was complying with environmental indicators, the Ministry of Environment and Sustainable Development indicated that the compensations for environmental impact should be reviewed since Colombia currently has a more rigorous scheme. In addition, the responsibility of a company should go beyond law´s fulfillment; there must be a commitment to improve social conditions of inhabitants of the area, in order for them to achieve development and social benefits.

m. We have denied eight environmental licenses for expanding the operation of carbon mines in the province of Cesar for non-compliance with environmental standards To date, eight environmental licenses for expanding the operation of carbon mines in Cesar have been denied for non-compliance with environmental standards, and the value of the fines paid have increased, according to a statement by Frank Pearl, Minister of the Environment and Sustainable Development, before the Senate on 14th August 2012.

n. Many suspects of environmental crimes were captured



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In terms of illegal mining, the Ministry of mines and Energy reported on July 24, 2012, that 16 control operations ended up closing of 108 Mines and 174 persons captured and 308 equipment were seized.

o. We severely punished violations to the environmental legislation Since June 8th, 2010, regional environmental authorities have imposed 2,840 sanctions to public entities, private companies and individuals for violations to the environmental legislation. http://www.minambiente.gov.co/documentos/DocumentosBiodiversidad/licencias/ruia/ruia_09agosto.xlsx.

LABOUR RIGHTS. 17 Measures

1. EFFECTIVE ENFORCEMENT OF LEGISLATION. 5 measures

a. We strengthened the institutional framework Law 1444 of 2011 created the Ministry of Labour. By Decree 4112 of 2011 the staffing and other arrangements were set. The Ministry of Labour discharges its responsibilities of labour rights protection by: (a) promoting protection of fundamental labour rights, social dialogue, conciliation and reconciling positions (b) strengthening the System of Prevention, Inspection, Surveillance and Monitoring of Labour Relations.

b. We regulated cooperatives in order to fight against violations of labour rights Decree 2025 of 2011 was issued (by which Law 1233 of 2008 and Article 63 of Law 1429 of 2010 are partially ruled, relating to the functions of Cooperatives and Pre-cooperative of Associated Work) with the purpose of fighting against the abuse of cooperatives and companies offering temporary services and other violations of labour rights. In January 2012, the first sanction under this Decree was applied in the palm oil sector.

c. We trained public and private officials on fundamental labour rights During the period 2010-2012, the Training, Promotion and Control Programme of labour and dialogue fundamental rights was held for companies with collective agreement and collective convention. With this programme, 246 agency employees, 856 business leaders, union workers and leaders of collective agreements were benefitted.

d. We strengthened the dialogue with public servants and their trade unions Within the framework of the Sectorial Committee for the Public Sector, together with representatives of trade union federations, the government has encouraged the dialogue on working conditions of public servants.

e. We have informed the Colombian Congress of the exchange of opinions between the government and members of the European Parliament



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The Ministry of Labour presented to Congress its 2011-2012 Activity Report, emphasizing the visit of members of the European Parliament to Colombia. In the meetings held, the progress made by Colombia regarding labour rights has been explained and contacts regarding cooperation activities have been initiated.

2. FIGHT AGAINST IMPUNITY. 6 measures

a. We increased the number of labour inspectors Currently, we have a ratio of 2.89 inspectors per 100,000 jobs in the labour market. Until July 31st, 2012, there were 524 labour inspectors working at a local level (in 2009 there were 289 inspectors). Before 2014, we will appoint 380 new labour inspectors, 100 of whom will be appointed before the end of 2012.

b. We increased the number of labour inspections Between July 2011 and April 2012, 8,272 visits were conducted to verify enforcement of labour legislation. Between January and July 2012, 780 visits were held in critical sectors of the economy such as Mining, Transport, Floriculture, Palm Oil and Sugar Cane. The most visited has been the port industry with 354 visits.

c. We strengthened channels for citizens’ complaints against labor rights violations The complaints may be filed through the telephone hotline 018000513100, or electronically through the website of the Ministry of Labour, http://www.mintrabajo.gov. Inter-administrative agreements have been concluded to file complaints in Bogotá through 4 specialized office of citizen attention.

d. We defined as criminal any action against freedom of assembly and association and against collective bargain Law 1453 of 2011 makes it an offense to grant better conditions to non-unionized workers in a company.

e. We created a Special Committee for Resolving International Labour Organization Disputes The purpose of this committee is to resolve any labour dispute before being translated to international bodies.

f. We penalized any violation of labour rights Between April 23 and July 31 of 2012, 4765 administrative investigations were initiated in the critical economic sectors. In this time-lapse, 610 sanctions were filed.

3. ENHANCING SOCIAL DIALOGUE. 6 Measures



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a. We enhanced the Tripartite Agreement between employers, trade unions, and the Government with explicit reference to the negotiations with the EU On May 26th, 2011, was updated the Tripartite Agreement concluded in June 2006 between the government, labour union federations and employers. In this agreement it was mentioned explicitly, the advancing negotiation with the European Union and the commitments that it entails in terms of protection and guarantees for trade unions.

b. In consensus with private sector and workers, we increased the 2012 minimum wage, above inflation The Minimum Wage Conciliation Commission reached agreement on the minimum wage for 2012. The increase is two percentage points higher than the government's inflation target.

c. We provided an account for our governments administration regarding labour rights On July 31st, 2012, the Minister of Labour and the President of the Republic presented the main achievements in labour matters in Dosquebradas, Province of Risaralda, before workers in a visit to the company Co & Tex.

d. We co-designed strategies to generate high-quality employment On May 2012 was held the most recent meeting of the Conciliation Commission of Salary and Labour Policies. In which the government, the private sector and labour union federations put forward strategies to generate work opportunities with social security and job protection.

e. We reactivated the Inter-institutional Human Rights Commission This Commission, which involves the participation of a number of relevant government agencies, 3 trade union federations, the Colombian Commission of Jurists, the National Trade Unionists School, the Attorney General Office, the Higher Judiciary Council, Specialized Courts and representatives of employers,, promotes a dialogue regarding the methodology for investigating crimes against trade unionists, as well as the causes of violence against unionized workers.

f. We provide training in labour protection and fundamental labour rights Workshops have been held to educate on labour protection and fundamental labour rights. In these workshops, 16,222 persons benefited from the workshops. There is a diploma on negotiation, mediation and dispute settlement, in which 284 people have been trained.

4. CONCRETE RESULTS IN LABOUR RIGHTS. 9 Results



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a. In June 2012, we held inspections to 195 cooperatives and pre-cooperatives, on sensitive sectors

b. We have imposed sanctions to a large number of cooperatives and pre-cooperatives for violations to labour rights 1. Between July 2011 and July 2012, 231 sanctions were imposed. 2. Between May and July 2012, 41 cooperatives and pre-cooperatives were sanctioned with a fine of

approximately €4,000,000. 3. In June of 2012, 8 cooperatives in the port sector were sanctioned with a fine approximately for

56,000 euros. In the transport section 4 cooperatives were sanctions with a fine approximately for 2,000,000 euros.

c. Port sector: We provided training for 8 companies with the support of the International Labour Organization On June 21st and 22nd, 2012, 74 Inspectors working for the Ministry of Labour were trained in Cali. With the objective to improve the workings conditions and impose sanctions when they are necessary.

d. Between April and July 2012 97 new labour organizations were registered

e. Between April and July, 2012; 74 conventions were deposited, 59 pacts and 64 conventions were denounced

f. Between April and July 2012, 93,025 verbal consultations were resolved

g. We have imposed numerous sanctions for the violation of labour standards 1170 sanctions have been imposed for the violation of the labour standards, which 893 correspond to sanctions imposed for the violation of Labor Law and 277 for evasion and avoidance of the Social Security System (In June 2012, 5 sanctions were imposed for the violation of the Professional Risk System and 55 to the Pension System).

h. Between July 2011 and June 2012 the following sanctions have been imposed: 1. 571 sanctions for violations of individual labour rights 2. 28 sanctions for violations of collective agreements 3. 2 sanctions for infringement of workers freedom of association 4. In June 2012, 1 sanction due to the refusal to negotiate 5. 21 sanctions for violations of working standards (health, industrial security and hygiene) 6. In June 2012, we have 1,620 open administrative labour investigations



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i. We have encouraged mutual agreed solutions in a large number of disputes on the application of labour rights In 2012, 43,707 mediation hearings were held across the country under the direction of Labour Inspectors, 35,751 of which concluded in mutual agreement, 418 with partial agreement and 7,538 without agreement. The rate of success has been 81%. (In June and July 2012, 10,218 agreements and 2643 non-mediated agreements were reported). Sources and references: Presidency of the Republic of Colombia: www.presidencia.gov.co Ministry of Foreign Affairs of Colombia: www.cancilleria.gov.co Ministry of Environment and Sustainable Development: www.minambiente.gov.co Ministry of Labour: www.mintrabajo.gov.co Ministry of Home Affairs: www.mininterior.gov.co National Planning Department: www.dnp.gov.co National System for Management and Result Evaluation: http://sinergia.dnp.gov.co/portaldnp/ National Attorney General Office: www.fiscalia.gov.co

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