The 7 recommendations from UN Human Rights to Congress regarding the statutory law on social protest in Colombia

NewsProtests in Bolívar Square, in downtown Bogotá Photo: Néstor Gómez / EL TIEMPO25.10.2026 05:01 Updated: 25.10.2026 05:01 The United Nations Human Rights Office in Colombia made seven recommendations to Congress regarding the processing of the statutory law on the right to assembly and peaceful public demonstration. It presented them this October 23 at a public hearing of the First Committee of the Chamber of Representatives, where several accumulated bills on the subject are being discussed. The body noted that the debate is an opportunity to "strengthen the guarantees of a fundamental right for democracy" and to advance compliance with the State's international obligations. Its reference points are Article 21 of the International Covenant on Civil and Political Rights and General Comment 37 of 2020 of the UN Human Rights Committee, in addition to the standards of the Inter-American System. Demonstrations in support of the JEP. Photo: Milton Díaz / EL TIEMPOTo begin with, the UN office recalled that social protest is a legitimate form of democratic participation and a means of demanding economic, social, cultural and environmental rights. It held that the State must refrain from unjustifiably interfering and, moreover, adopt positive measures to facilitate demonstrations. "The main function of the authorities is not to control or prevent protest, but to generate the conditions for it to take place safely," the representation explained, adding that inconveniences or temporary interruptions of mobility "are inherent to the exercise of the right and do not constitute a justification for restricting it." It recommended that the law recognize these obligations and establish a presumption in favor of the exercise of the right. The office also warned that isolated violent acts cannot be attributed to the entire demonstration: "a protest does not automatically lose its protection because some people engage in violent conduct." For that reason, it asked that the principle of differentiation be incorporated as a concrete obligation of the authorities, and recalled that violence should not be equated with material damage. Demonstrations in Soacha. Photo: Taken from social media @JulianPericoJrFor UN Human Rights, any restriction must comply with the principles of legality, necessity and proportionality, and the authorities must justify why the measure is indispensable and why there are no less harmful alternatives. It recognized that protecting the rights of third parties is a legitimate aim, but said it "cannot be used as a general justification for limiting demonstrations." The body proposed that dialogue should be a permanent tool for preventing tensions, and that it "cannot be reduced to a formal requirement prior to a police intervention, nor be considered automatically exhausted because no agreement is reached." It added that the responsibility for facilitating protests lies with the State, even when there are no identifiable organizers. The use of force and dispersal, moreover, were described as an especially relevant matter. The UN recalled that the use of force must be exceptional and comply with the principles of legality, necessity, proportionality, precaution and accountability, and that dispersal is only justified in exceptional circumstances and as a last resort. Demonstrations on the southern highway collapse mobility. Photo: X: @JulianPericoJrRegarding the use of firearms, UN Human Rights cited the UN Basic Principles on the Use of Force, according to which intentionally lethal use "can only be made to protect a life." It concluded that "firearms cannot be used to disperse demonstrations or protect material property," and noted that for controlling demonstrations there are less lethal weapons, on which there is a 2020 UN guide. On the other hand, the entity asked to guarantee that journalists and defenders can work without threats, intimidation, reprisals or arbitrary interference, given their role in transparency and the prevention of violations. It also asked for specific measures for women and ethnic communities, as well as special safeguards against the misuse of personal data and surveillance or identification technologies. Finally, the United Nations Human Rights Office in Colombia recalled that violations must be investigated in a "prompt, exhaustive, independent and impartial" manner, with the establishment of responsibilities. It requested that the law include clear mechanisms for documentation, investigation, oversight and accountability, and guarantees of access to justice, reparation and non-repetition, with a central role for oversight bodies regarding police interventions. Jhoan Sebastian Cote Lozanojhocot@eltiempo.com @SebasCote95 on XMORE INFORMATION IN THE JUSTICE SECTIONFollow all the news from Colombia on Facebook and Twitter, or in our weekly newsletter. EL TIEMPO NEWSLETTERSSign up for our newsletters and receive news in your email according to your interests. Stay informed about what really matters to you. EL TIEMPO GOOGLE NEWSFollow us on GOOGLE NEWS. Always stay up to date with the latest news, coverage, stories and analysis directly on Google News. EL TIEMPO WHATSAPPJoin the El Tiempo channel on WhatsApp to stay up to date with the most relevant news as it happens. 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