Kidnapping, and hostage-taking, which is associated with it in the context of the armed conflict, has reached an alarming level in Colombia. Persistent and widespread, these practices constitute serious violations of personal freedom, and have aroused grave concern and fear throughout the country over the past ten years. The fight against kidnapping and hostage-taking is an essential part of the action taken by the Colombia State in the current situation, and more specifically of the present government's human rights and IHL policies.

The government continues to confront kidnapping with firmness, since it is one the insurgent groups' practices that affect all sectors of the population more severely. For this purpose, it uses the instruments provided by the justice system as well as armed force, in operations involving a diversity of State bodies responsible for implementing coercive and administrative measures, gathering intelligence, conducting investigations, and taking expeditious, specific judicial action.

The introduction of legislation on kidnapping, extortion, enforced disappearance, and traffic in persons has been promoted. Kidnapping, a serious infringement of international humanitarian law, that specifically prohibits hostage-taking, has recently been categorized as a crime in the new Colombian Penal Code.

The gravity of the problem of kidnapping prompted the Government to place emphasis on military and police operations, transferring the responsibility for coordinating the Program for the Defense of Personal Liberty from the Ministry of Justice and Law to the Ministry of Defense.

Institutional responsibility lies with the National Council on the Fight Against Kidnapping and other Infringements of Personal Liberty, CONASE, presided over by the National Defense Minister and made up of the Prosecutor General, the Director of the Administrative Department of Security, DAS, the Military Forces General Commander, and the commanders of the National Army, the National Police, and the Navy.

Operations relating to the fight against kidnapping are performed by the Unified Action Groups for Personal Liberty, GAULA, specializing in dismantling gangs and arresting their members, particularly their leaders. The GAULAs comprise 28 elite units composed of members of the National Police and the Military Forces, who work in coordination with the DAS and the CTI of the Prosecutor General's Office.

The anti-kidnapping policy also includes prevention, assistance programs for the victims, and training. Prevention involves direct coercive or deterring measures against criminals. Training involves the carrying out of educational programs for actual or potential victims, with the participation of members of the community or sector of society affected, on a regional and national level. Prevention work also includes campaigns to raise awareness among citizens of the existence of an institutional citizen defense system that is based on the institutional security agencies. Citizens are encouraged to call on GAULA groups, report crimes and provide information on the basis of solidarity.

Assistance provided to the victims includes psychological counseling to those that have been kidnapped and their families. Counseling is also offered to members of GAULA groups. Assistance further includes legal aid for those affected.

Training in the fight against kidnapping focuses on criminal and criminological investigation as well as on education in human rights and international humanitarian law. It is aimed at members of the DAS, the CTI, the National Police and the Army who make up the GAULA groups. In addition, the policy includes the promotion of protection and prevention mechanisms, and of the relevant rules and agencies, the spreading of information on cases of persons missing, the study of specific issues, and the development of a National Data Center.

The National Fund for the Defense of Personal Liberty, FONDELIBERTAD, attached to the Ministry of National Defense, is responsible, in addition to its prevention and assistance functions, for administering the funds allocated for the fight against kidnapping and extortion. The annual budget approved for FONDELIBERTAD had been 5.000 million pesos (US$ 2,5 million) between 1996 and 2001. Additional funds amounting to $15,000 million pesos (US$ 7.5 million) were raised in 2000 through presidential intervention. Ninety per cent of these funds are earmarked for the strengthening of the GAULA groups.
The fight against kidnapping is part of the Plan Colombia. The international community has shown interest in contributing to the improvement of the operational effectiveness of the GAULA groups.

In the framework of the peace process, the government has focused on kidnapping and hostage-taking from an international humanitarian law perspective through the Presidential Program for Human Rights and International Humanitarian Law. In this respect, agreements are being worked out with organizations of victims of kidnapping and enforced disappearance of persons, including "La María Group", a humanitarian, social Organization, the "Cali Kilómetro 18 Group", a group led by Mr. Ismael Duarte, Free Country, and ASFADDES. The aim is to find a way for general proposals about kidnapping coming from the sectors worst affected to get to the negotiating table, with the FARC.