Los acuerdos de La Habana y los derechos con enfoque de género

El 24 de julio se anunció con bastante alborozo el enfoque de género de los acuerdos de la Mesa de la Habana. Es posible que muchas mujeres sientan o crean que estos acuerdos traerán algún beneficio para las mujeres víctimas del conflicto armado, las trabajadoras, campesinas e indígenas y negras.

Autor: Comisión de la Mujer-PST

La Subcomisión de Género de la Habana cerró en acto público e informó sobre un enfoque transversal a los seis puntos acordados: la titularidad de la tierra, el acceso a créditos y participación política; también se destacó la situación de la violencia sexual que no será amnistiable. Según El Tiempo, el acto contó con la presencia de “Phumzile Mlambo-Ngcuka, directora de ONU Mujeres; Zainab Bangura, representante de Naciones Unidas para la violencia sexual en los conflictos armados; Luiza Carvalho, directora para las Américas y el Caribe de ONU Mujeres; Belén Sanz, representante de la ONU Mujeres en Colombia, y María Emma Mejía”.

Las garantías de los acuerdos para las mujeres no son privilegios

Si bien es cierto, se trataría de esfuerzos por lograr que las mujeres accedan a los beneficios otorgados por los acuerdos, la preocupación surge al analizar cuáles son esos beneficios, pues se trata de garantías que todas las mujeres tendrían que gozar por derecho. Caracol Radio, presenta un ABC del enfoque de género, veamos cada uno:

1-Reforma rural: se destaca el acceso preferencial a créditos, fondo de tierras y subsidios. El mayor énfasis en los préstamos para tierras, para insumos y para educación. Para nadie es secreto que de los créditos sólo se beneficia el prestamista, por lo tanto este es un favor muy discutible. De nada sirve que se otorgue la titularidad a las mujeres si la perderán al no poder pagar los préstamos.

2-Participación Política: campaña de cedulación masiva, protección para las mujeres y personas LGBTI elegidas a cargos de elección popular, y fortalecimiento de organizaciones de mujeres y de LGBTI´s. Como podemos ver las dos primeras “ganancias”, son obligaciones que con o sin acuerdo el Estado tiene que garantizar a los ciudadanos como el derecho a la identificación, medio necesario para acceder a cualquier derecho, y la de proteger la integridad y la vida de todas las personas en especial los miembros de grupos vulnerables. La tercera es la forma como a través de dineros se cooptarán los movimientos sociales de mujeres y LGBTI´s, estas organizaciones perderán su independencia y serán auxiliares de la aplicación de las políticas del gobierno para el posconflicto.

3-Drogas Ilícitas: se trata literalmente de utilizar el papel de las mujeres en la sociedad para que sean líderes de la sustitución de cultivos, así como el manejo de la farmacodependencia como enfermedad. Esto no constituye ningún cambio respecto a la política clásica del gobierno, la diferencia es que las mujeres van a ayudar al gobierno. La única solución de fondo para las drogas ilícitas es su legalización, ningún cultivo en las actuales circunstancias podrá sustituir el ingreso a las familias.

4-Víctimas: se determinan medidas entre ellas audiencias especiales para esclarecer los delitos contra las mujeres, en especial la violencia sexual que no tendrá amnistía. Estas garantías son las mínimas que podrían esperar las mujeres.

Lo que NO es el acuerdo

No es rebaja de penas por el hecho de ser mujeres lo cual desconoce las necesidades de las que son madres y las circunstancias en las que las mujeres ingresan a la guerra.

No es ley de cuotas de mujeres y LGBTI´S en los cargos de elección popular: o sea que no hay política de discriminación positiva, que habría sido una medida efectiva para disminuir la desigualdad.

No hay presupuesto para el acceso a derechos básicos de las mujeres.

“El tribunal especial para la paz”: impunidad para los delitos contra las mujeres en el posconflicto

Paradójicamente el mismo día, la alta consejera presidencial para el posconflicto, Paula Gaviria, anunció que “los delitos que habrían cometido las FARC contra la mujer al interior de sus filas serán juzgados dentro del tribunal especial para la paz, al igual que los que hayan cometido los agentes del Estado en el marco del conflicto”. Esta decisión es un anuncio de impunidad, pues los delitos cometidos por la guerrilla o por las fuerzas militares del Estado contra las mujeres son parte de los delitos contra los trabajadores, campesinos indígenas y población negra que quedarán impunes con la aplicación de la justicia transicional; dado que si bien la violencia sexual en la justicia transicional no será amnistiada sí tendrá rebajas de penas.

Ya habíamos señalado: “En íntima relación con el problema de las víctimas está el relacionado con la llamada justicia transicional… aprovechando el sentimiento justo de la población sobre la necesidad de la paz, … se formalizaría, con la complicidad de los comandantes de la guerrilla el más grande acto de impunidad dentro del cual podrían quedar amparados los paramilitares, los militares y los narcotraficantes, así como los políticos burgueses, los empresarios y las multinacionales que orientaron y pagaron a los primeros, para ejecutar genocidios, masacres y actos de barbarie de todo tipo.” (Ante el Frente Amplio por la Paz, conformar un Frente de lucha contra el gobierno de Santos, agente del imperialismo. Declaración política del PST, 10 de abril de 2015).

Es un derecho democrático de todas las víctimas ser reconocidas y reparadas en forma integral, moral y materialmente, más aún las mujeres, el sector de la sociedad más numeroso que ha sido violentado sistemáticamente. Por ello las Farc tendrían que haberse responsabilizado del daño causado y entregar todos los bienes y dineros que posean para la reparación de las víctimas afectadas por su accionar y en particular a las mujeres; y sobre todo no deben consentir con la rebaja de penas ni tribunales especiales para militares y paramilitares responsables de la gran mayoría de casos de violencia machista en el conflicto. Lamentablemente esto no parece que vaya a ocurrir.

Llamamos a trabajadores, a mujeres y hombres campesinos pobres, indígenas y afrodescendientes, a todos los explotados y oprimidos que hemos pagado el más alto precio como víctimas de esa guerra ajena a todos nosotros a que no hipotequemos la lucha por el derecho a la verdad, a la justicia y la reparación; a que no nos hipotequemos al plan político de Santos y de las Farc. A que votemos, ni por el SI, ni por el NO; por una Constituyente libre, democrática y soberana.

 

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