The march of amnesia

The United Nations has warned that a new decree regulating protests in Colombia could facilitate the use of police force during demonstrations. The Office of the UN High Commissioner for Human Rights in Colombia issued a statement this Thursday expressing concerns over the controversial decree signed by President Abelardo De La Espriella on Tuesday. The decree modifies the rules governing police actions during protests, allowing authorities to act against individuals committing acts of violence without waiting for dialogue with demonstrators to conclude. In a document released on Thursday, the UN questioned several aspects of the reform, including the conditions under which dialogues between law enforcement and protesters can be terminated, the definition of violent acts, and the criteria for intervening in road blockages. The organization cautioned that some provisions allow for open and discretionary interpretations, potentially ending the dialogue phase to justify the use of force. The UN emphasized the need to distinguish between violent acts and peaceful protests in Colombia. It cited examples such as the carrying or use of weapons, the detention of individuals against their will, aggression toward third parties, and destruction of infrastructure. While acknowledging the different risks these situations pose to life and integrity, the UN stressed that responses should be tailored and that action against violent actors should not end dialogue with those continuing peaceful protests. The UN referenced the General Comment 37 of the International Covenant on Civil and Political Rights, stating that the use of force, including less lethal weapons, should be a last resort and only after exhausting non-violent containment methods. The organization criticized the decree's broader definition of violent acts compared to international standards, noting that it includes threats of aggression and behaviors not necessarily causing injuries, deaths, or significant property damage. The UN pointed out that merely carrying an object that could be considered a weapon does not automatically classify someone as violent or change the peaceful nature of an assembly. It reiterated that police force should be the last resort in protests and warned that road blockages do not inherently make a demonstration violent. The organization urged reconsideration of the "serious and imminent disruption" criterion, which could be used to dissolve peaceful protests. Additionally, the UN argued that factors such as the duration of a roadblock, the importance of a highway, or economic losses should not independently justify coercive intervention. It stated that economic impact or disruption of productive activities should not alone justify the use of force. The UN acknowledged that some proposals within the decree might contribute to protecting the right to peaceful protest, such as distinguishing between those exercising their right to protest and those committing violent acts. However, it insisted that any modifications should ensure compliance with international human rights standards.