The
degradation of the Colombian internal armed conflict has generated ethically
and morally indefensible situations. An example of this is the increasing
number of attacks against the medical mission: attacks to hospital centers;
threats against health service personnel; blocking of preventive actions
such as vaccination campaigns; attacks against medical and paramedic personnel;
the prohibition of circulation to ambulances and actions to finish off
wounded or ill persons in medical centers or health service transportation
vehicles.
Protection and care of the ill and wounded in wars and internal conflicts
also constitute the historical humanitarian foundation of the humanitarian
aid organizations and of the doctrine that orientates humanitarian rights.
International Humanitarian Law, the Geneva Agreements of 1949 and international
codes govern the duties of the doctors and humanitarian aid and must also
govern the conduct of the combatants.
In order to guarantee the protection and aid of the wounded and ill, and
of all professionals involved in delivering health services and humanitarian
care, Colombia relies on the principles that govern the medical profession,
the Colombian penal legislation and International Humanitarian Law regulating
conflicts.
The Colombian State explicitly recognizes the importance of the medical
mission and its humanitarian character. When doctors treat the wounded
and ill, they are under an ethical obligation to do so, even at the risk
of their personal security. International Humanitarian Law (IHL) excludes
the wounded, medical installations, their means of transport and their
personnel as legitimate targets in an armed confrontation. According to
IHL norms, the wounded and ill must be taken care of and therefore, health
personnel acquire, by analogy, the right to be protected along with hospitals,
health centers, ambulances and all health personnel assigned to the search,
rescue, transfer and treatment of the wounded and ill, or to disease prevention.
Medical mission personnel enjoy not only immunity, but also special protection
and consideration in order to carry out their humanitarian work, even
in the middle of hostilities.
Attacks against doctors affect their rights and limit the functions they
can undertake in the conflict. Doctors and other health professionals
fulfill the duty of alleviating, preventing and reducing to a minimum
the suffering as well as the number of noncombatant and combatant victims
left by confrontation. In addition, they must take care of the consequences
that conflicts bring to public health. These include epidemics and other
lethal diseases affecting the most vulnerable population such the children
and elderly, resulting from the conflict´s impact on water and energy
provision, etc., as well as the human, physical, psychological and social
sequels that can extend their effect across several generations.
The Colombian State and the sector´s social organizations have been
working together in the defense of the rights of health professionals,
equipment and medical missions. In order to offer protection to health
professionals in danger, the National Government, through the Presidential
Program for Human Rights, is working with the relevant professional organizations
in the design of a global attention strategy for these professionals,
allowing for urgent relocation and redeployment in new posts for those
threatened. The Ministry of Health maintains a centralized registration
system for IHL infractions that receives data from Regional Health Offices
in order to follow up on the cases. Also, in agreement with the National
Red Cross and the Departmental Health Secretariats, it is working on the
application of the norm (decree 860 of 1998) that establishes an emblem
to identify the Medical Mission nationwide.
In
its 55th General Assembly, the World Health Organization approved the
initiative presented by Colombia asking that WHO member countries promote
and adopt IHL application norms, condemning attacks directed at health
personnel, promoting the application of measures that guarantee health
personnel safety and enforcing the use of ambulances, medical vehicles
and medical facilities exclusively towards humanitarian purposes. The
International Committee of the Red Cross, on the other hand, has called
on all parties involved in the conflict to respect and apply humanitarian
law in its totality, to abstain from attacking those who do not take active
part in the hostilities, and to respect the Red Cross emblem and individuals
participating in humanitarian work in favor of conflict victims. The Office
of the Ombudsman has demamded respect for medical missions for the conflict's
illegal actors. Thus the State, the Government and society are committed
in promoting this basic humanitarian rule in the application of IHL so
that it is respected by the armed actors confronted in Colombia: respect
of medical missions, health personnel, the ill and wounded, health facilities
and vehicles, and drug provisions.
Attacks to the medical mission not only constitute a serious infraction
to humanitarian norms but they mainly affect the most unprotected sectors
of the population and do not deliver any military advantage. For that
reason the National Government calls for Colombian society and the international
community to express their solidarity with health workers, and demand
a halt to these useless and morally and militarily indefensible actions.
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