June 25, 1999
Authorities in Venezuela and Colombia recently intimidated refugees into returning to areas where they may face death. Human Rights Watch yesterday sent letters to Venezuelan President Hugo Chávez and Colombian President Andrés Pastrana urging them to ensure that future Colombian refugees be allowed to remain in Venezuela until their claims are thoroughly reviewed. "Families have been intimidated into returning to Colombia despite a well-founded fear of paramilitary attacks." said José Miguel Vivanco, executive director of the Americas Division of Human Rights Watch. "This flies in the face of Colombia and Venezuela's legal obligation to protect refugees."
On May 29, forces under the command of Carlos Castaño, leader of the United Self-Defense Forces of Colombia (Autodefensas Unidas de Colombia, AUC), entered the Catatumbo region of Colombia, detaining and killing people whose names appeared on their lists. Colombia's Public Advocate reported that paramilitaries at a single roadblock killed at least twenty people and abducted up to fifteen more. As attacks continued, over 600 refugees-most of them women and children- left the village of La Pista for Venezuela. Most were women and children. According to international observers in Venezuela, more than 100 said they feared for their lives and wished to apply for refugee status.
Instead, the government of Venezuela transferred them to a National Guard barracks, denying them access to representatives of the United Nations High Commissioner for Refugees (UNHCR) and other humanitarian groups. The UNHCR was also barred from a June 11 meeting between Venezuelan and Colombian authorities, who apparently agreed to repatriate the refugees and ignore their asylum claims. Also on June 11, Venezuelan authorities allowed the Colombian army colonel in charge of the Catatumbo region to speak to the refugees. Witnesses reported that the officer spoke in an intimidating way, suggesting that anyone who did not return or reported collaboration between the army and paramilitaries would be considered a guerrilla supporter.
The families were returned to Colombia despite the continuing paramilitary offensive in the region.
"A policy of intimidating or forcing refugees to return to Colombia without first guaranteeing their security can have devastating consequences," said Vivanco. He cited the 1997 case of the forced return of 300 Colombian refugees from Panama. Several of the refugees later appeared on death lists and at least one was murdered. Both Colombia and Venezuela signed the United Nations Convention on Refugees and its later Protocol, which prohibit the refoulement, or forced return, of refugees. The Convention also obligates its signatories to cooperate fully with the UNHCR to assist refugees and ensure their well-being and safety.
A translation of the letters is attached.
FOR FURTHER INFORMATION, CONTACT:
José Miguel Vivanco, (202) 612-4321
Washington, D.C., June 22, 1999
President Hugo Chávez
Presidency of the Republic
Palacio de Miraflores
Caracas
VENEZUELA
Via FAX: 582-801-3644
Dear President Chávez:
I have the honor of writing to you to express the serious concern of Human Rights Watch over the return of Colombian refugees from Venezuela to Colombia on the 12th and 13th of June 1999.
We believe that the return of these refugees may have been carried out by intimidation on the part of the Colombian and Venezuelan military authorities, which violates Article 33 of the United Nations Convention on Refugees and its later Protocol, ratified by Venezuela and implemented in 1986. The agreement prohibits the refoulement, or forced return, of refugees when their lives or liberties are in peril.
The danger that prompted their flight continues in Colombia. The paramilitary presence that provoked the displacement persists, along with combat between state forces and guerrillas.
In our judgment, Venezuela may have ignored its responsibility under Article 35 of the above mentioned agreement, which requires cooperation at all times with the United Nations High Commission for Refugees (UNHCR) in order to supervise the fulfillment of the agreement. The return lacked the support or even the participation of the UNHCR, whose representatives were impeded from attending a meeting between governmental authorities to set up a return.
We insist that the government of Venezuela respect the Convention and oppose the return of refugees to areas where their lives are at risk.
According to the information we have received, an exodus of Colombians from the Catatumbo region of Norte de Santander began on May 29 with the arrival of a group of 400 paramilitaries under the command of Carlos Castaño, leader of the United Self-Defence Forces of Colombia (AUC), who installed a roadblock between La Gabarra and Tibú.
With list in hand, the armed men began to detain people. Some of those who appeared on the list were executed, among them Jorge Camilo González Prada, Gerardo Berbesi, and Rafael Claros. The Public Advocate received information indicating that the paramilitaries killed at least 20 people and abducted 15 others.
The violent entry of paramilitaries and the lack of action by state forces provoked an initial departure of at least 2,000 Colombians to Venezuela. Afterwards, there was another exodus of 611 people from La Pista, this time predominately peasant families. The majority of those who arrived in Venezuela were women and children.
According to international observers who traveled to the zone, the first exodus consisted of temporary workers who quickly and voluntarily returned to Colombia. However, the second exodus was different. Upon arriving in Venezuela, they declared to representatives of humanitarian organizations that they feared for their lives and asked for status as refugees in Venezuela.
In interviews with the U.S. Committee for Refugees and the Venezuelan Red de Apoyo, over100 people said that they did not want to return to Colombia out of fear. Directing themselves to the governor of Zulia, Francisco Arias Calderón, they wrote a petition to the authorities soliciting the status of refugees.
Far from offering them protection and facilitating their contact with UNHCR representatives, who were then present, governmental authorities from both countries worked behind closed dooes to promote the refugees' return. After transferring them to Casigua El Cubo on June 10th, the Venezuelan authorities did not permit representatives of the UNHCR and other NGOs to speak with refugees. Refugees were lodged in a barracks belonging to the Venezuelan National Guard, which aroused fear among a people who had fled uniformed fighters. The next day, the Venezuelan government sponsored a meeting between Venezuelan and Colombian officials, where the UNHCR was not allowed to take part.
Human Rights Watch has been informed that on June 11, Venezuelan authorities facilitated a meeting between Col. Hugo Matamoros Rodríguez, commander of the Mechanized Group Number 5 (Maza) of Cúcuta, and the refugees. Witnesses told us that the military official spoke in an intimidating manner, and claimed that reports of collaboration between the army and paramilitaries was false and that the exodus had been manipulated by guerrillas.
The return began without any kind of verification of security conditions in the Catatumbo area or the participation of the UNHCR. The area remains a combat zone where there are credible reports of collaboration between the military and paramilitaries. On June 13th, when the refugees were preparing for the journey, Carlos Castaño repeated his threats, saying that he would continue the offensive until he "cleansed" the territory of guerrillas. According to the inhabitants of the village of Zulia, over 50 strongly armed men arrived that day with list in hand and assassinated Luis Ramón Coronel García, Gustavo Garavito, Germán Alarcón Villamizar and Héctor Acuña Joya. The local coroner reported that the victims were assassinated with bullets to the head.
A policy that promotes return without adequate security guarantees can have irreparable results such as those that took place in May of 1997. In this case, through an informal agreement with the Panamanian government, the Colombian government forcibly returned some 300 refugees to Bahía Cupica, Chocó, without the necessary participation of the UNHCR and without being able to guarantee their security. Human Rights Watch was informed that at least one of the refugees was later murdered.
For these reasons, we ask for urgent and immediate protection and humanitarian assistance for Colombian refugees, the majority of whom are women, children, and the elderly. We repeat our request to the Venezuelan government to respect their international obligation to not return refugees without guarantees for their safety. In the future, the Venezuelan government should guarantee the ability of the UNHCR to work freely.
Finally, we insist that future agreements over refugees be negotiated with the ample participation of refugee representatives, human rights groups, and pertinent offices of the United Nations.
I would like to take this opportunity to thank you for your attention to this letter.
José Miguel Vivanco
cc: Office of the United Nations High Commission on Refugees
Amb. Alfredo Toro Hardy
Gob. Francisco Arias Calderón, Zulia
Washington, D.C., June 22, 1999
President Andrés Pastrana
President of the Republic
Palacio de Nariño
Carrera 5a. No. 15-80
Santafé de Bogotá, Colombia
VIA FAX: 571-289-3377
Dear President Pastrana:
I have the honor of writing to you to express the serious concern of Human Rights Watch over the return of Colombian refugees from Venezuela to Colombia on the 12th and 13th of June 1999.
We believe that the return of these refugees may have been carried out by intimidation on the part of the Colombian and Venezuelan military authorities, which violates Article 33 of the United Nations Convention on Refugees and its later Protocol, ratified by Colombia in 1961 and 1980 respectively. The agreement prohibits the refoulement, or forced return, of refugees when their lives or liberties are in peril.
The danger that prompted their flight continues in Colombia. The paramilitary presence that provoked the displacement persists, along with combat between state forces and guerrillas.
In our judgment, Venezuela may have ignored its responsibility under Article 35 of the above mentioned agreement, which requires cooperation at all times with the United Nations High Commission for Refugees (UNHCR) in order to supervise the fulfillment of the agreement. The return lacked the support or even the participation of the UNHCR, whose representatives were impeded from attending a meeting between governmental authorities to set up a return.
We insist that the government of Venezuela respect the Convention and oppose the return of refugees to areas where their lives are at risk.
According to the information we have received, an exodus of Colombians from the Catatumbo region of Norte de Santander began on May 29 with the arrival of a group of 400 paramilitaries under the command of Carlos Castaño, leader of the United Self-Defence Forces of Colombia (AUC), who installed a roadblock between La Gabarra and Tibú.
With list in hand, the armed men began to detain people. Some of those who appeared on the list were executed, among them Jorge Camilo González Prada, Gerardo Berbesi, and Rafael Claros. The Public Advocate received information indicating that the paramilitaries killed at least 20 people and abducted 15 others.
The violent entry of paramilitaries and the lack of action by state forces provoked an initial departure of at least 2,000 Colombians to Venezuela. Afterwards, there was another exodus of 611 people from La Pista, this time predominately peasant families. The majority of those who arrived in Venezuela were women and children.
According to international observers who traveled to the zone, the first exodus consisted of temporary workers who quickly and voluntarily returned to Colombia. However, the second exodus was different. Upon arriving in Venezuela, they declared to representatives of humanitarian organizations that they feared for their lives and asked for status as refugees in Venezuela.
In interviews with the U.S. Committee for Refugees and the Venezuelan Red de Apoyo, over100 people said that they did not want to return to Colombia out of fear. Directing themselves to the governor of Zulia, Francisco Arias Calderón, they wrote a petition to the authorities soliciting the status of refugees.
Far from offering them protection and facilitating their contact with UNHCR representatives, who were then present, governmental authorities from both countries worked behind closed dooes to promote the refugees' return. After transferring them to Casigua El Cubo on June 10th, the Venezuelan authorities did not permit representatives of the UNHCR and other NGOs to speak with refugees. Refugees were lodged in a barracks belonging to the Venezuelan National Guard, which aroused fear among a people who had fled uniformed fighters. The next day, the Venezuelan government sponsored a meeting between Venezuelan and Colombian officials, where the UNHCR was not allowed to take part.
Human Rights Watch has been informed that on June 11, Venezuelan authorities facilitated a meeting between Col. Hugo Matamoros Rodríguez, commander of the Mechanized Group Number 5 (Maza) of Cúcuta, and the refugees. Witnesses told us that the military official spoke in an intimidating manner, and claimed that reports of collaboration between the army and paramilitaries was false and that the exodus had been manipulated by guerrillas.
The return began without any kind of verification of security conditions in the Catatumbo area or the participation of the UNHCR. The area remains a combat zone where there are credible reports of collaboration between the military and paramilitaries. On June 13th, when the refugees were preparing for the journey, Carlos Castaño repeated his threats, saying that he would continue the offensive until he "cleansed" the territory of guerrillas. According to the inhabitants of the village of Zulia, over 50 strongly armed men arrived that day with list in hand and assassinated Luis Ramón Coronel García, Gustavo Garavito, Germán Alarcón Villamizar and Héctor Acuña Joya. The local coroner reported that the victims were assassinated with bullets to the head.
A policy that promotes return without adequate security guarantees can have irreparable results such as those that took place in May of 1997. In this case, through an informal agreement with the Panamanian government, the Colombian government forcibly returned some 300 refugees to Bahía Cupica, Chocó, without the necessary participation of the UNHCR and without being able to guarantee their security. Human Rights Watch was informed that at least one of the refugees was later murdered.
For these reasons, we ask for urgent and immediate protection and humanitarian assistance for refugees, the majority of whom are women, children, and the elderly. We repeat our request to the Colombian government to respect their international obligation to not return refugees without guarantees for their safety. In the future, the Colombian government should guarantee the ability of the UNHCR to work freely.
Finally, we insist that future agreements over refugees be negotiated with the ample participation of refugee representatives, human rights groups, and pertinent offices of the United Nations.
I would like to take this opportunity to thank you for your attention to this letter.
José Miguel Vivanco
cc: Office of the United Nations High Commission on Refugees
Amb. Alfredo Toro Hardy
Gob. Francisco Arias Calderón, Zulia
News
Index/ Indice de Noticias
