Colombia: Whether a male citizen who failed to respond to a call to perform his military service, but instead left the country and subsequently married, would be exempt from service upon his return to Colombia; whether such an individual would face any penalties as a result of his failure to perform military service; whether a male citizen who was late in registering for military service would be considered a deserter (2003 - December 2004)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 5 January 2005 |
| Citation / Document Symbol | COL43270.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Colombia: Whether a male citizen who failed to respond to a call to perform his military service, but instead left the country and subsequently married, would be exempt from service upon his return to Colombia; whether such an individual would face any penalties as a result of his failure to perform military service; whether a male citizen who was late in registering for military service would be considered a deserter (2003 - December 2004), 5 January 2005, COL43270.E, available at: https://www.refworld.org/docid/42df60d420.html [accessed 29 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Under the terms of Law 48 of 1993, all male citizens, including those residing abroad, are required to register with the authorities in order to define their military status (Colombia 3 Mar. 1993, Arts.10, 23). Those who fail to register may be compelled to do so and are liable to a fine of up to the equivalent of two months' minimum wage (ibid., Arts. 14, 42). However, individuals who subsequently perform their military service are exempted from the payment of this fine (ibid., Art. 42). Those who fail to present themselves when called upon to perform their military service are deemed to be "remiss" (remisos), and are liable to a fine of up to the equivalent of 20 months' minimum wage, although they are exempted from the payment of the fine provided they subsequently perform their service (ibid., Art. 42).
While being married and taking part in "conjugal life" (vida conjugal) is a ground for permanent exemption from the performance of military service, individuals must first register in order to define their military status before any exemption or postponement application will be considered (ibid., Arts. 27, 14).
A number of media reports published in 2004 refer to amnesties for individuals who have failed to define their military status (El Heraldo 16 Dec. 2004; El Meridiano 13 May 2004; Hoy Diario de Magdalena 20 Dec. 2004). For example, in May 2004 the 11th Brigade's Recruitment and Reserves Directorate (Dirección de Reclutamiento y Reservas de la Brigada 11) announced that the more than 30,000 men in the Department of Córdoba who had been declared "remiss" in the performance of their service would be allowed to regularize their status without having to pay a fine, provided that they presented themselves at the brigade headquarters between 17 May and 31 July 2004 (El Meridiano 13 May 2004). On 16 December 2004, the Barranquilla newspaper El Heraldo reported that congress had approved an amnesty for individuals of more than 28 years of age who had failed to define their military status. Under the initiative, individuals can obtain a military service card (libreta militar) by paying a fee equivalent to 10 per cent of one month's minimum wage and presenting either their citizenship card (cédula) or Beneficiaries Selection System (Sistema de Selección de Beneficiarios, SISBEN) (Colombia n.d.) certificate (El Heraldo 16 Dec. 2004).
The Military Penal Code (Código Penal Militar) defines "desertion" as an offence committed by an individual who, while serving in the ranks of the military, [translation] "is absent without permission from his post for more than five consecutive days; fails to appear before his or her commanding officer within five days" from the end of any leave period; leaves the area of his or her post without permission; or fails to appear before a competent authority within a set period of time following his or her release from detention as a prisoner of war (Colombia 13 Aug. 1999, Art. 128).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection.
References
Colombia. 13 August 1999. Código Penal Militar.
_____. 3 March 1993. Ley 48.
_____. n.d. Instituto Colombiano de Bienestar Familiar (ICBF). "Apoyo a la socialización de niños sordos."
El Heraldo [Barranquilla]. 16 December 2004. "Se despido hoy el Congreso."
Hoy Diario de Magdalena [Santa Marta]. 20 December 2004. "Libreta militar."
El Meridiano [Montería]. 13 May 2004. "Amnistía a remisos."
