Attorney inconvenience position on the use of civilians for humanitarian demining

Under the National Intersectoral Commission for Action against Antipersonnel Mines (CINAMAP), the Attorney General's Office warned about the risks and responsibilities that can lead to the use of Colombian civilians in humanitarian demining situation conflict.

In a report of a preventive nature of Article 9 of Law No. 1421 of 2010 which empowers the national government to civil society organizations in humanitarian demining perform this type of work (on regulation), the Delegate for Prevention in the Field of Human Rights and Ethnic Affairs noted that the use of civilians in humanitarian demining, with ongoing conflict, implies that they participate in the armed conflict although this share may be considered an indirect participation in hostilities.

To this extent the attorney considers that the Government should refrain from encouraging and enabling the participation of civilians in humanitarian demining while the conflict persists, and may instead strengthen and expand demining platoons of the Armed Forces, as had been established CONPES 3767 in 2009.

While civilians would not be waiving the immunity established by international humanitarian law - and therefore illegal armed actors could not attack them at any time - why would not risk free, especially when these armed groups have been characterized by disregard of international humanitarian law.

The prosecution believes that humanitarian demining by civilians in the conflict could lead to liability for the Colombian State to put them at exceptional risk. Look at the Office of humanitarian demining by civilians could also set up international responsibility of the State for Human Rights in the field of regional and universal human rights for neglect of duty warranty.

The Office concludes its report with the following recommendations:

That the Government strengthen national technical capacity and budget of the security forces to continue with the implementation of humanitarian demining platoons, since it is the natural setting from where they perform those tasks.

That the national government request an Advisory Opinion to the Court of Human Rights, in the sense that if you can a State Party to the American Convention on Human Rights found in internal armed conflict using civilians for humanitarian demining without incurring violation aforementioned Convention.

That the National Intersectoral Commission Action against Antipersonnel Mines CINAMAP, consider the disciplinary, criminal and tax which may be committed public servants for their actions or omissions harm generated by the use of civilian deminers still ongoing armed conflict.