(Defensor del Puebloi had been established under the new Constitution to
institute proceedings of habeas corpus, receive reports of human rights
violations and ensure the defence of individuals who could not afford
counsel. The Higher Adjudication Council had been established under the new
Constitution to safeguard the independence of the judicial branch by
overseeing all financial and budgetary matters and all disciplinary matters.
It was composed of impartial, independent magistrates who monitored and
evaluated the performance of judges. The system of appointment of anonymous
judges had been established so that they could not be interfered with by the
Executive Branch or by organized crime.
370. With regard to questions raised relating to internally displaced persons,
the representative emphasized that, over the past 40 years, Colombia had been
caught up in a process of rapid urbanization. At the same time, economic
activities in rural areas had declined sharply and landowners were being
abducted by the guerrillas or forced to make routine payments to them. The
ensuing emigration of peasants from rural areas to the cities had given rise
to a very serious social and economic situation. The Office of the
Presidential Adviser for Social Policy provided assistance to family members
of victims of violence and gave support through temporary assistance
programmes. The Government's National Rehabilitation Plan carried out social
investment projects in rural areas affected by violence.
371. Replying to questions raised in connection with child mortality, the
representative of the State party said that, as a result o£ government
efforts, the infant mortality rate had dropped to 37 per 1,000 in 1992. That
rate had unfortunately declined much less rapidly in the indigenous or
minorities communities because those groups lived in inaccessible areas.
Freedom of movement and expulsion of aliens, right to privacy, freedom of
religion, expression, assembly and association and right to participate in the
conduct of public affairs
372. Referring to those issues, members of the Committee wished to receive
information on the circumstances under which restricted residence could be
ordered under the new Constitution; on the law and practice relating to
permissible interference with the right to privacy and the collection and use
of personal data; on the privileged treatment, if any, of the Roman Catholic
Church as compared with other churches or religious groups; and on whether any
popular referendum, as envisaged in article 6 of Legislative Act No. 1 of
1986, had ever been organized.
373. In addition, it was asked whether the right to privacy was guaranteed in
practice to the same extent in remote areas as in urban centres and under what
conditions a public official could grant an order for wire-tapping or the
interception of correspondence* Further information was also requested on the
implementation of article 176 of the Constitution; on the impact of the
activities of guerrilla groups and drug traffickers on the exercise of the
freedom of expression and assembly; on the requirements for authorization of a
film by the Film Classification Committee; on the law and practice relating to
the exercise of trade-union rights; and on measures taken to protect tradeunion activists whose human rights were threatened. Clarification was also
sought of certain provisions of the state of emergency bill introduced in
January 1992, in particular those relating to the issuance of obligatory safeconduct passes in some areas of the country.
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