Colombia: UN independent experts call for Ecopetrol to provide reparations to victims of armed conflict

The Jurisdiction for Peace (JEP) ruling related to the Macro-Case 08, which recognises the responsibility of several State agents and a director of the State-owned company for their involvement in acts related to serious human rights violations, war crimes and crimes against humanity committed during the armed conflict in Barrancabermeja, Colombia’s oil capital.

“The JEP’s decision represents a significant step forward for truth, justice and accountability regarding the impacts of corporate activities in conflict-affected contexts,” the experts said. “It also opens an unprecedented opportunity to place victims at the centre of reparation and restoration efforts.”

The experts welcomed the cooperation provided by Ecopetrol during the proceedings and encouraged the company to deepen that commitment through ongoing dialogue and concrete actions for reparation and restoration aimed at the affected individuals and communities.

Companies must respect human rights

“Companies have a responsibility to respect human rights and to participate in redressing the negative impacts they have caused or contributed to, in accordance with the United Nations Guiding Principles on Business and Human Rights,” they noted.

The experts urged Ecopetrol to continue engaging in good faith in a constructive dialogue with the victims and their representative organisations, adopting a restorative approach that allows for the identification of the harms suffered, expectations for reparations and the measures necessary to help restore the rights violated.

“Victims should not be mere observers of the reparation processes, they must be active participants in their design and implementation,” they said. “Effective reparations require meaningful participation, acknowledgment of harm and a sustained commitment to restoring rights and rebuilding trust.”

State’s duty to protect

As the majority shareholder of Ecopetrol, the experts highlighted the role of the Colombian State in this process.

“When it comes to State-owned enterprises, business responsibilities to respect human rights converge with the State’s duty to protect such rights,” they said.

“Colombian authorities must ensure the company participates fully in efforts towards truth, justice, reparations and guarantees of non-repetition and that this process effectively contributes to strengthening public trust in institutions,” the experts said.

The independent experts, who are appointed by the Human Rights Council, are not UN staff and do not receive a salary, reiterated the call by the UN High Commissioner for Human Rights for sufficient funding of Colombia’s comprehensive peace system, which includes the JEP and the Unit for the Search for Missing Persons.

“We stand ready and willing to support the Government of Colombia and Ecopetrol in this process, in order to strengthen corporate accountability in contexts of transitional justice and to build sustainable peace,” they concluded.