181. The representatives argued that the State had not only failed to comply with its obligations
of special protection for the children of the village of Santo Domingo, but had increased their
situation of vulnerability by carrying out an indiscriminate attack against the civilian population of
the village.” They also indicated that, owing to the internal conflict that Colombia is experiencing,
children are in a situation of greater vulnerability so that the State’s obligations are increased;
however, “in this case, children were murdered, injured, some were orphaned, others had to
displace, and the whole child population was placed at risk.” They added that the children of the
village “had to support the ugliness of witnessing the attack, see children and adults, family
members and friends destroyed,” and “to support the situation of displacement of their families
and the destruction of the community of Santo Domingo that had constituted their living
environment.”
182. Lastly, the representatives argued that “the subsequent actions of the State, in the public
declarations made by the senior military commanders, assuring and suggesting that the population
of Santo Domingo collaborated with the guerrilla, multiplied the children’s risk of being stigmatized
in an area of armed conflict,” and that the State had failed to comply with its obligation under
Article 19 of the Convention in relation to all the children of Santo Domingo, because “it did not
take the necessary measures to avoid subsequent attacks against the civilian population in such a
complex context of armed conflict and the emergence of paramilitary groups in the department of
Arauca.”
183. For its part, the State argued that it recognized fully the best interests of children and the
special protection obligations that are required with regard to them; that it was the FARC guerrilla
that installed a homemade bomb in the village of Santo Domingo, and that “on seeing the village
and the presence of civilians there, with a high probability that there were also children, the armed
forces opted to implement and concentrate the military operation in a place away from the village
where there was no probability of harming children.” The State added that the members of the
Armed Forces planned the operations against the FARC guerrilla in order to defend the civilian
population and that, therefore, the intervention was “intended to comply with the obligations of
protection and guarantee attributed to it.” Lastly, the State indicated also that, far from
stigmatizing the children, it has always considered them innocent victims of an unfortunate armed
conflict.
A.4. Obligation to adopt domestic legal measures251
184. The Inter-American Commission did not offer any conclusions in relation to Article 2 of the
Convention in the Merits Report.
185. The representatives argued that “the Colombian State did not have an adequate legislative
framework that truly developed the obligation to protect human rights in relation to the activities of
multinational corporations on its territory.” They indicated that, in the instant case, the
contribution to the Santo Domingo massacre of the private company OXY and Airscan, the
company it contracted for security matters, was evident.
186. For its part, the State argued that “any company operating under Colombian jurisdiction is
subject to the legal and constitutional framework of Colombian law, [and that] this includes respect
for human rights.”
251
Article 2 of the American Convention establishes that “[w]here the exercise of any of the rights or freedoms referred
to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with
their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to
give effect to those rights or freedoms.”
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