How Harold Ordóñez’s Case Raises Concerns for Colombia’s Peace Process

(El Colombiano)

On September 2, La Silla Vacía—an investigative Colombian news site—published an article about the case of Harold Ordóñez, a former FARC combatant, who, despite actively participating in the peace process, was indicted on trumped-up charges, or a “judicial false positive” (falso positivo judicial).

Colombia’s Attorney General’s Office is accusing Ordóñez of conspiring to commit a crime, illegally possessing a weapon exclusively used by the armed forces, and aggravated homicide, all with the premise that he is alias ‘Óscar,’ a commander of the former Central Block armed group. As the article notes, the charges are based on circumstantial evidence and more substantial evidence demonstrates his innocence.

The case raises larger concerns for Colombia’s peace process. Ordóñez is a left-leaning campesino leader, father, student, and an advocate for social dialogue who is helping advance the provisions in the 2016 peace accord. As the article points out, it seems that the objective of these charges are not to render justice or combat rampant crime, but to socially eliminate any political opposition. This behavior is dangerous for Colombia’s peace, as it may incentivize recidivism among former combatants.

Read an unofficial, English translation of La Silla Vacía’s article here.

Tags: Protection of Excombatants, Social Leaders

September 8, 2021

Colombia Peace Update: September 4, 2021

Security deteriorates along the Colombia-Venezuela border

The ELN’s “Camilo Torres Urban Warfare Front” took credit for a bomb that detonated outside a police station in Cúcuta, the largest city along Colombia’s border with Venezuela, on the morning of August 30. The device wounded 14 people, among them 12 police, in Cúcuta’s Atalaya neighborhood.

“Cúcuta is subject to these types of terrorist acts and violence in its rural zones due to the presence of no less than 20 foreign criminal groups,” said Jairo Tomás Yáñez, the mayor of the city of half a million people. While Venezuelan organized crime operates in the area, particularly a band calling itself the Tren de Aragua, it’s not clear why the mayor would have specified “foreign” groups. Colombian groups active in Cúcuta, the conflictive nearby Catatumbo region, and on the Venezuelan side of the border include the ELN, ex-FARC dissidents, at least two groups descended from the paramilitary networks of the 1990s and 2000s (the Gulf Clan and Rastrojos), a criminal group descended from the long-demobilized EPL guerrillas which the government calls the “Pelusos,” and smaller local bands.

The latest attack follows two high-profile events in June: a car bomb on the premises of the Army’s 30th Brigade headquarters in Cúcuta on June 15, and President Iván Duque’s helicopter being hit by gunfire as it overflew the region 10 days later. Colombia’s Prosecutor-General (Fiscalía) has arrested and charged several people, including a former Army captain, for both crimes, alleging their affiliation with the “33rd Front” ex-FARC dissident group.

These incidents, including the August 21 killing of the vice president of a Junta de Acción Comunal (local advisory board) in rural Cúcuta, “are a small sample of the complexity that the area is experiencing,” warns a Peace and Reconciliation Foundation analysis of Cúcuta, which sees the situation worsening as Colombia’s 2022 presidential and congressional elections draw near. “Some of the factors affecting this reality have to do with the closing of the border [both during and before the pandemic], the reconfiguration of armed actors, and the increase in cocaine cultivation and processing” in this region, “a zone without the rule of law or institutional presence.”

Cúcuta, the capital of Norte de Santander department, is just south of Norte de Santander’s Catatumbo enclave, a cluster of about a dozen barely governed municipalities that currently grows more coca than any other region of Colombia. The region “effectively exists outside the presence of the Colombian state,” reads an analysis by Joshua Collins at The New Humanitarian. Catatumbo has easy access to Venezuela through the large border municipality of Tibú and the presence of all of the above-mentioned armed groups, while one of Colombia’s main oil pipelines (the Caño Limón-Coveñas) runs across its territory.

Catatumbo has strong campesino, Indigenous, and other organizations, including eight former FARC women, profiled this week in a lengthy Vorágine article, leading local reintegration efforts near the site where they demobilized. It has always been a dangerous place to be a social leader, though. This week, the “Madres del Catatumbo por la Paz,” a women’s organization, denounced that its entire leadership had received new and serious threats.

South and east of Norte de Santander, the oil-producing border department of Arauca is also seeing increased tensions. The department has been under heavy ELN influence since the 1980s, endured a bloody mini-war between the ELN and FARC in the 2000s, and is now seeing a growing presence of ex-FARC dissidents. In Saravena, Arauca’s westernmost border municipality, members of an armed group this week stopped employees of the Unit for the Search for the Disappeared (UBPD, an agency created by the 2016 peace accord) and demanded that they hand over their official vehicle. Municipal authorities meanwhile held an “extraordinary security meeting” after an ex-FARC dissident group calling itself the 28th Front threatened local Indigenous communities, accusing them of petty theft.

An internal dispute between leaders of the 10th Front, a large and fast-growing ex-FARC dissident group, brought a jump in homicides in Arauca in August: at least 28 in a department of 230,000 people. La Silla Vacía notes how the dissidents have increased their territorial control on the Venezuelan side of the Arauca river. Across from the departmental capital, “We can stop at the river’s edge and look them in the face,” said Arauca’s chief of police.

Corruption enables this on both sides of the border. “In Arauca,” on the Colombian side, “there are rumors that all spheres of power are permeated by the dissidents,” La Silla notes. “The most frequent [rumor] is that a good part of the political class of the department works with them.” In the departmental capital, the accusations “even touch the municipality’s security forces.”

Relations between the ELN and local government have been alleged for decades in Arauca. This is the region of Colombia that the ELN, through its powerful Domingo Laín front, is believed to control most tightly. While the dissidents’ presence grows, though, the ELN “has been conspicuous by its absence,” La Silla Vacía observes. “According to a source close to a commander of that group, they continue in the tone of not confronting them in order to avoid a guerrilla war like the one the region suffered ten years ago. However, the tension between them continues to grow.”

Reuters reporter Sarah Kinosian documents the extent to which the ELN and dissidents have increased their territorial control on the Venezuelan side of the border. In a village in Zulia—across from Colombia’s department of Cesar, which lies north of Catatumbo—ELN members from Colombia “function as both a local government and a major employer,” recruiting people—including children—to work in Colombian coca fields, Kinosian writes. “Rebels who once hid from Colombia’s military in Venezuela’s jungles,” mainly ELN and ex-FARC dissidents, “have moved into population centers, ruling alongside Maduro’s government in some places, supplanting it in others.” ELN leader Pablo Beltrán, speaking from Havana where he was a negotiator until peace talks ended in January 2019, told Reuters that while guerrillas cross into Venezuela, he denies that they are present with the permission of Nicolás Maduro’s regime.

Gen. Montoya will not be indicted in regular justice system

In a decision that, El Tiempo reported, “didn’t cause surprise for the majority of sectors,” Bogotá’s Superior Tribunal refused to allow the Prosecutor-General’s Office (Fiscalía) to charge or indict Gen. Mario Montoya, the commander of Colombia’s army between 2006 and 2008, for human rights crimes. The court ruled on August 30 that Colombia’s regular criminal justice system, led by the Fiscalía, may continue to investigate Gen. Montoya’s role in the military’s numerous killings of non-combatants during his tenure. But while his case remains before the 2016 peace accords’ special transitional justice system (Special Jurisdiction for Peace, or JEP), the Fiscalía cannot separately charge him or bring him to trial.

Gen. Mario Montoya, now 72, faces allegations of creating a command climate and incentive structure that led soldiers to kill thousands of civilian non-combatants. Throughout the country, under pressure to increase “body counts,” officers claimed falsely that civilian victims were armed-group members killed on the battlefield. The JEP is investigating these abuses, known as “false positives,” and has charged former commanders in two regions of the country so far. It surprised the country earlier this year by releasing a very high estimate of the number of civilians killed by the military: 6,402 between 2002 and 2008, which would be well over 40 percent of the armed forces’ claimed combat kills during those years.

A highly decorated officer whom many Colombians associated with the country’s security gains of the mid-2000s, Gen. Montoya resigned in November 2008 after a particularly egregious example of “false positive” killings came to light, blowing the scandal open after years of human rights groups’ denunciations. Former subordinates have portrayed the general as a key architect of the incentive system that encouraged officers to pad their units’ body counts even if it meant paying criminals to kill the innocent.

In 2018, Gen. Montoya agreed to have his case tried in the JEP instead of the regular justice system, even though the Fiscalía at the time was barely moving on its investigation of him. In his appearances before the transitional justice tribunal so far, Montoya has insisted on his innocence. This is risky: if he were to confess to his role in false positives and take actions to make amends to victims, Gen. Montoya would most likely be sentenced to up to eight years of “restricted liberty”—not prison. However, if he pleads “not guilty” and the JEP determines otherwise, he could go to regular prison for up to 20 years. The JEP has not yet formally charged Montoya with anything.

The Fiscalía, led by chief prosecutor Francisco Barbosa, surprised many in July when it announced it would seek to indict Gen. Montoya for his role in 104 “false positive” killings that took place after a 2007 order requiring the military to de-emphasize body counts. With his case already moving in the JEP, it was not clear whether the regular justice system had the legal standing to issue charges against Gen. Montoya at the same time. On August 30, Judge Fabio Bernal decided that it did not.

For now, Gen. Montoya’s case will proceed in the transitional justice system. While the Fiscalía is not appealing the August 30 decision, relatives of some “false positive” victims plan to do so, because they believe that separate charges in the regular justice system would increase the chances of the General being held accountable. According to Sebastián Escobar of the José Alvear Restrepo Lawyers’ Collective, who represents some of the victims, a Fiscalía indictment would have helped because of Gen. Montoya’s reticence so far before the JEP:

If the Fiscalía were to continue with these investigations and charge him for at least some of these acts, it would contribute to the participants reaching a scenario of recognition [of responsibility for crimes]. In the case of Montoya, although he submitted voluntarily to the JEP, because his case was not advanced in the regular justice system, he has come to the [transitional] jurisdiction with an attitude of denying his participation in the policy that promoted these acts, and of not recognizing his responsibility from any point of view.”

Government blames Nariño violence on court-ordered freeze in coca eradication

A firefight between anti-narcotics police and members of the “Óliver Sinisterra” ex-FARC dissident group left 14 police wounded in a rural zone of Tumaco, Nariño, not far from the Ecuador border, as they sought to raid a cocaine laboratory on August 20.

This is part of a worsening climate of violence in Nariño’s Pacific coast region, in Colombia’s far southwest, which is one of the country’s busiest and most fought-over drug trafficking corridors. The same municipalities host coca fields, processing laboratories, and coastal transshipment points. Just north of Tumaco, in the “Telembí Triangle” region, fighting between various armed groups, most of them ex-FARC dissidents, has displaced over 21,000 people—a large part of the population—so far this year.

Reporting from El Tiempo mentions fighting between three factions of ex-FARC dissidents, mostly derived from former Tumaco-area FARC militia members who did not demobilize: the “Óliver Sinisterra,” whose highest profile leader, alias “Guacho,” was killed in 2018; the Guerrillas Unidas del Pacífico; and more recently members of the Putumayo-based “Comandos de la Frontera,” a group made up of former guerrillas, former paramilitaries, and organized crime. The latter group is apparently aligned with the “Segunda Marquetalia,” the dissident faction founded by former chief FARC peace negotiator Iván Márquez and other top ex-FARC leaders.

All the armed groups “are looking to control coca crops and production,” a “church spokesperson who knows the region” told El Tiempo. “Everyone here has a Mexican ally, from a cartel, that’s what I’m talking about.”

Defense Minister Diego Molano is blaming increased violence on a court ruling. In May 2021, in response to a judicial appeal (tutela) from the Nariño Pacific Human Rights Network, which represents several Afro-descendant and Indigenous communities, the Superior Tribunal of Pasto prohibited all coca eradication—including that done by manual eradication teams—until the government engages in prior consultation with affected communities. The court ordered the Interior Ministry to carry out consultations within 100 days, with a possible 60-day extension. It is not clear how much progress the Ministry has made, if any, on consultations with residents of these remote, poorly governed zones.

Since May, then, coca eradication has been on hold in much of 10 municipalities along coastal Nariño. This includes Tumaco, which ranks second in coca acreage among Colombia’s 1,100 municipalities. Nariño, however, has seen a decline in coca cultivation, from nearly 42,000 hectares in 2018 to 30,751 in 2020, according to the UN Office on Drugs and Crime (UNODC). Long the number-one coca-growing department, Nariño has been surpassed by Norte de Santander (see the Venezuela discussion above). About one-fifth of Nariño’s coca is planted in indigenous reserves, the UNODC estimates.

Molano, the defense minister, calls the result of the court order “a case of national security,” adding that “denying the possibility of manual eradication in 10 municipalities of Nariño has had an impact on the increase in homicides and forced displacements in that area.”

The communities themselves, though, blame a near-total absence of government presence, including security and other basic services. “We have been negotiating with the governments in power for almost 26 years, and we have not been able to get roads we need to transport our legal products,” a leader of Nariño’s Juntas Comunales La Cordillera organization told El Tiempo. “We have no roads, we have no schools. We want to substitute [coca], but they do not present us with options.” Community leaders note that the government is badly behind on payments promised to those who voluntarily eradicate their coca, in the framework of a program set up by the 2016 peace accords.

Unable to eradicate coca in coastal Nariño, “the authorities have opted for a path that, paradoxically, is the one that many experts recommend because of its effectiveness: attacking other links, such as inputs or capital for the purchase of coca leaf and coca base,” reads an El Tiempo editorial. It is not clear how energetically the government is pursuing these alternative measures, though, or whether they could possibly be enough to substitute for state presence in a climate of worsening combat between guerrilla dissidents and other armed groups.

Links

  • WOLA’s latest alert details numerous cases of human rights abuse committed around the country during July and August.
  • VICE reports on the National Police’s practice, during the April-June Paro Nacional protests, of taking arrested protesters to unofficial “black sites” in Cali, where hundreds were beaten and forced to make false confessions.
  • Colombia’s universities “were not exempt from the conflict, and were stigmatized. When I was director of police intelligence, I contributed to stigmatizing it, because I considered them to be related to armed groups and that guerrilla fighters were linked to them. What a big mistake,” said former National Police chief and vice president Gen. Oscar Naranjo, in an appearance before the Truth Commission.
  • Colombia and Panama have agreed to limit, to 500 people per day, the flow of migrants from other countries traveling northbound from Colombia through Panama’s dangerous Darién Gap jungle region. “So far this year, Panama estimates more than 50,000 migrants have come through the dangerous Darien route,” the Associated Press reports, adding, “An estimated 15,000 migrants are currently en route through Colombia heading for Panama.”
  • U.S. Army South, the Army component of U.S. Southern Command, held a two-day seminar for members of the 1st Security Force Assistance Brigade (SFAB), who will soon deploy to Colombia, Panama, and Honduras for a lengthy military training mission. The SFAB’s first visit to Colombia, between May and October 2020, generated much publicity and some controversy.
  • An investigation by La Silla Vacía finds that the Land Restitution Agency—a body created in 2011 by the government of Juan Manuel Santos—has recently been inaccurately inflating the amount of land that it has been distributing to small farmers dispossessed by the conflict.
  • Interviewed by the New York Times, President Iván Duque said “he had done more than his predecessor, Juan Manuel Santos, to put in place the peace deal’s landownership overhauls and development plans that would give poor farmers and former rebels jobs and opportunities.”
  • WOLA laments the unexpected and premature death of our longtime colleague and friend Yamile Salinas, a great and generous legal mind, teacher, and fighter for land rights and human rights in Colombia’s countryside.

Tags: Weekly update

September 7, 2021

National Indigenous Organization of Colombia Appeals to President Duque for Serious Dialogue on Biodiversity

On August 30, Colombian President Iván Duque and administration officials hosted a hybrid Biodiversity PreCOP event in Leticia, Amazon department to discuss priorities and expectations for a post-2020 global biodiversity framework.

A controversial image, however, drew widespread attention: the president, accompanied by Minister of Environment, Carlos Correa, appeared seated at a main table without masks, while some Indigenous people with masks were seated on benches, lower down. Others were seen standing at the back.

In response to the event, the National Indigenous Organization of Colombia (Organización Nacional Indígena de Colombia, ONIC) published a statement addressed to President Duque appealing for a serious dialogue on biodiversity. According to the ONIC, the Colombian government hosted this event with the Jusy Monilla Amilla Indigenous Community in the Colombian Amazon, a community that promotes tourism and is not an official political representative of the ONIC. As the national authority for Indigenous governance, the ONIC claimed the government “hired a tourist services operator to create an image of inclusion and dialogue with Indigenous communities.”

The ONIC’s statement recognized the serious need to address the climate crisis and advance a political agenda with the generational and traditional knowledge of Indigenous peoples and nations. In the face of what they deemed a ‘spectacle’, the ONIC affirmed the national government is failing to protect the lives of Indigenous and environmentalists. In 2021 alone, the ONIC has recorded 56 threats against and 33 murders of Indigenous leaders by armed actors throughout Colombia.

The ONIC called on President Duque to convene the Permanent Roundtable for Consultation with Indigenous Peoples (Mesa Permanente de Concertación, MPC) to seriously discuss issues on biodiversity and the 2018-2022 National Development Plan. They invite President Duque “to sit down and talk with the Indigenous authorities and not with tour operators, so [they] can have a direct dialogue about biodiversity.”

An unofficial, English translation of the ONIC’s statement is available here.

Tags: Environment, Indigenous Communities

September 3, 2021

Colombia Peace Update: August 28, 2021

Ex-president Uribe proposes an amnesty

Former president Álvaro Uribe, the country’s most vocal opponent of the 2016 peace accord with the FARC guerrilla group, met at one of his ranches on August 15 with the president of the Truth Commission created by that accord, Fr. Francisco de Roux, along with two other commissioners. Uribe, who faces questions about human rights abuses committed during his time as governor of Antioquia (1995-1997) and president (2002-2008), spoke at great length during the meeting, with little pushback from the commissioners.

The ex-president surprised many by calling for an amnesty for human rights and other crimes committed during the armed conflict. “Perhaps this country will need a general amnesty, almost a clean slate,” he told Fr. de Roux. This would appear to contradict one of Uribe’s many criticisms of the peace accord: that, in his view, it confers “impunity” on ex-guerrillas who (along with military personnel) will receive light sentences if they make full confessions and reparations.

On August 26 Uribe presented a draft amnesty law to legislators of his Centro Democrático party, a bill “to overcome judicial asymmetries and asymmetries in access to government employment.” Under the proposal, those accused of conflict-related crimes would receive a full amnesty if they ask forgiveness, recognize what they did “or, failing that, contribute to the truth, without this implying self-incrimination.”

Members of the military would be released from prison and allowed to hold office. A new chamber of the post-conflict transitional justice tribunal (Special Jurisdiction for Peace, or JEP) would be set up to judge military personnel separately. Anyone who in the past has investigated, denounced, or made public statements about these military human rights crimes would be disqualified from serving as a judge in that chamber.

Uribe’s proposal makes no distinction between commanders and subordinates involved in past crimes. He would not amnesty people accused of “war crimes, crimes against humanity, or public corruption.” The current list of non-amnistiable crimes that must go before the JEP, however, is longer and more specific: “War crimes, crimes against humanity, extrajudicial executions, child recruitment, rape and other forms of sexual violence, genocide, hostage taking or other serious deprivation of liberty, torture, enforced disappearance, child abduction, and forced displacement.”

“Let’s not talk about general amnesty, let’s talk about amnesty as a strong word to generate a national debate and look for a solution,” Uribe said last week. A national debate is very much underway, as the ex-president’s proposal has generated strong reactions.

“People can’t be ‘washing their faces’ with total amnesties, this will not happen as long as I am prosecutor, I will not allow this to go forward,” said the prosecutor-general (fiscal general), Francisco Barbosa, who is close to President Iván Duque, who in turn is a member of Uribe’s party.

The lead government negotiators in the 2012-16 talks that led to the FARC peace accord issued a 12-point document rejecting Uribe’s proposal. Humberto de la Calle and Sergio Jaramillo argue that it “would undermine the investigation and prosecution of those most responsible for serious violations, and victims’ rights to truth, justice and reparation.” They recalled having to explain to the FARC negotiators in Havana, “in January 2015, one of the most difficult moments in almost five years of negotiations,” that Colombia’s international commitments (the 2002 Rome Statute, the Inter-American human rights system) prohibited amnesties.

Were Uribe’s proposal to go into effect, the former negotiators add, “the first victims, in addition to the conflict victims of course, would be the members of the armed forces and other agents of the state who are currently participating in the transitional process and who will see their legal security disappear.” Notes Gustavo Gallón of the Colombian Commission of Jurists, “His [Uribe’s] argument is that they [the military] must not be equated with guerrillas. But it is the crimes they have committed that make them equal. In addition, in his effort to favor them, he would do them harm: the [peace] agreement and the JEP are more lenient than the ordinary justice system, in theory.”

Álvaro Uribe faces human rights questions ranging from many political associates’ sponsorship of paramilitary groups, to those groups’ rapid growth during his tenure as governor, to the military’s killings of several thousand civilians during his presidency (discussed in the next section). Jaramillo, the former negotiator—who served as vice-minister of defense under Uribe—told Colombia’s Blu Radio that Uribe “has long been seeking a general amnesty and a clean slate. This is something that has been on his mind for a long time and he will continue to insist on it.”

Attorney-General seeks to charge ex-army chief for “false positive” killings

Colombia’s Prosecutor-General’s Office (Fiscalía) is seeking to indict retired Gen. Mario Montoya, commander of the Army between 2006 and 2008, for his role in the military’s so-called “false positive” killings during the armed conflict. A hearing took place on August 25 before a Bogotá judge who will decide on August 30 whether Montoya may be indicted.

If Judge Fabio Bernal gives a green light, Montoya will be the highest-ranking military figure to face justice for these killings in the civilian criminal justice system. He could also become the first person with a case before both the post-conflict transitional justice system (JEP) and the regular criminal justice system. What that means is not entirely clear.

The term “false positives” refers to soldiers, apparently under heavy pressure to produce results measured in body counts, killing several thousand civilians and falsely presenting the murders as combat deaths. The JEP has estimated that as many as 6,402 false positive killings took place just between 2002 and 2008, Álvaro Uribe’s first seven years in office. If accurate, that number would be equivalent to about half of the 12,908 armed-group members whom Colombia’s Defense Ministry claimed to have killed during those years.

Gen. Mario Montoya was a key figure during this period. A U.S.-trained officer, he commanded the “Joint Task Force South” that carried out U.S.-backed counter-drug operations during the first years of “Plan Colombia” in the early 2000s. He went on to command the Army during the height of the Uribe government’s anti-guerrilla offensive, including the triumphant July 2008 rescue of 15 FARC hostages known as “Operation Jaque.” (“As their bonds were cut free, the former hostages were quietly told that the Colombian Army had just freed them,” reads an account of the rescue. “Then, the recovery team began to chant, ‘Uribe! Uribe! Uribe!’ followed quickly by ‘Montoya! Montoya! Montoya!’”)

Just a few months later, in November 2008, Gen. Montoya was forced to resign. The triggering event was the revelation that 22 men who disappeared from the poor Bogotá suburb of Soacha had turned up dead hundreds of miles away, in Ocaña, Norte de Santander. The men had been lured with offers of employment, taken away and killed, only to be presented as armed-group members killed in combat. The Soacha case capped years of human rights groups’ denunciations—long denied by the Uribe government—that the military had been falsifying combat kill totals by murdering civilians.

Gen. Montoya has been under a cloud ever since, and in 2018 he agreed to have his case heard in the JEP. The transitional justice court is approaching “false positives” in a bottom-up fashion, starting with some of the most serious cases and working toward top commanders. That means it could be some time before the transitional justice court indicts Montoya, if it finds enough evidence to do so.

While Montoya has appeared before the tribunal, so far he has denied any responsibility for the killings. In an early 2020 appearance, the general sparked outrage by blaming soldiers from poor backgrounds: “those kids didn’t even know how to use forks and knives or how to go to the bathroom.”

The JEP is looking into whether commanders like Montoya created a climate, and set of incentives, that encouraged officers to rack up large body counts even if it meant killing non-combatants—and whether the commanders knew that so many combat kills were falsified. The Fiscalía is more specifically seeking to charge Montoya with responsibility for 104 killings, including 5 children, that took place in 2007 and 2008. That is the period after the issuance of a military directive to prioritize guerrilla demobilizations and captures over killings, which the Fiscalía contends that Montoya ignored.

He “allegedly pressured all division, brigade and battalion chiefs to follow a different strategy that reportedly rewarded and awarded decorations to commanders and groups that reported deaths,” according to the prosecutor’s office. “Commanders of his subordinate units knew that Montoya did not ask for (but) demanded combat kills.” A soldier who says he was kicked out of the force for disobeying these orders claimed that Montoya demanded “rivers of blood,” a phrase the General denies using.

Colombia’s civilian criminal justice system could have acted on the allegations against him at any time since 2008. In fact, as El Espectador explains, “a process against Montoya for false positives committed under his command was announced in 2016. The proceedings were suspended and then, with the arrival of Néstor Humberto Martínez at the Fiscalía [a chief prosecutor with little interest in military prosecutions] and the signing of the Peace Accord, it was left in limbo.”

Martínez’s successor, Francisco Barbosa, announced his intent to revive Gen. Montoya’s indictment on August 12. In the regular criminal justice system, the General could face up to 50 to 60 years in prison if found guilty. Montoya’s case is principally before the JEP, though, where he would face 5 to 8 years of “restricted liberty” if he admits to crimes and provides reparations, or up to 20 years in regular prison if he refuses to admit responsibility but is found guilty.

Colombia is still working out what it means to have two parallel justice systems considering war crimes. In 2018, the Constitutional Court ruled that prosecutors in the regular justice system could continue investigating crimes in parallel. In 2019, the prosecutor in Montoya’s case decided that this meant the general could be investigated, but not indicted, while his case remained before the JEP. Barbosa, the current chief prosecutor, later altered that interpretation, claiming that he had the power to indict Montoya—though the case could not go to trial in the regular justice system.

Gen. Montoya’s lawyers dispute that. So does the government’s internal affairs branch, the Procuraduría, which argues that the JEP has primacy because Montoya has agreed to have his case heard there and has attended all his hearings.

In any case, an indictment without a trial is largely symbolic. Still, the Fiscalía cites declarations from JEP officials who have supported its ability to continue investigating. Lawyers representing victims of false positives have also been supportive: Sebastián Escobar of the José Alvear Restrepo Lawyers’ Collective told El Espectador, “it has been the JEP itself that has insistently asked the Fiscalía not to abandon the investigations, but to continue them until they are completed.” Germán Romero, an attorney who represents 12 false positive victims, added, “This is a real and concrete investigation… it is impossible and it could be understood as a substantial affectation to the rights of the victims if this indictment doesn’t happen.”

Some Colombian legal experts, though, are concerned and wonder why the Fiscalía is acting now. While the regular justice system’s prosecutors may continue investigating military and police officials’ alleged crimes, they “cannot rule on their responsibility since that decision corresponds to the JEP,” writes Rodrigo Uprimny, co-founder of the DeJusticia think tank. “The Fiscalía cannot charge them, which is an attribution of responsibility, but must refer those investigations to the JEP.”

Uprimny, writing in El Espectador, wonders what Fiscal Barbosa may actually have in mind with an indictment in the Gen. Montoya case.

Its basis is bizarre and could have very serious implications. According to Barbosa, Montoya is being charged because he continued to demand combat kills after November 2007, disobeying Directive 300-28 of that date, which prioritized demobilizations and captures over casualties. That is why the Fiscalía will charge him with “only” 104 executions that occurred after that directive, when there were thousands of false positives in previous years and Montoya was already commander of the Army and demanded casualties.

Does this mean, then, that for Barbosa the thousands of false positives perpetrated when the previous directive was in force, which favored casualties, do not involve any responsibility of senior officers, even though they demanded casualties at all costs as an operational result? If that is so, who should answer for those false positives perpetrated in previous years? Only the soldiers who perpetrated them, but not those who incited those deaths because they were following a directive? And what responsibility, then, according to Barbosa, is incumbent on those who drafted and promoted the previous directive?

We will know more after the judge rules on May 30. Meanwhile, human rights organizations are calling on the JEP to eject another retired senior military officer, former Col. Publio Hernán Mejía. One of the Colombian Army’s most highly decorated officers, Col. Mejía was sentenced to 14 years in prison for conspiring with paramilitaries and involvement in false positive killings. He was released when he moved his case to the JEP, but has been uncooperative and has been making very aggressive statements on Twitter and considering a far-right run for the presidency next year.

Police reform and accountability debates, 4 months after Paro Nacional

On August 26, four months after the April 28 launch of protests that went on for several weeks, several thousand protesters took to the streets of Bogotá, Cali, and a few other cities. The day was mostly peaceful, according to the National Police.

Fallout continues, however, from the Paro Nacional protests of April through June, when some protesters caused property damage and an often vicious police response killed 43 people, according to the NGO Temblores, while dozens more remain disappeared. While victims continue to seek justice, the authorities have been quietly cracking down on people whom they believe to have played leading roles in protest-related disorder, often charging them with “terrorism.”

  • An El Espectador analysis detailed several cases of very likely killings of civilians at the hands of police in Cali, none of which has been investigated.
  • Police have now captured 165 people they allege to have been leaders of the “Primera Línea”—young people who occupied the “front line” of protests—in several cities. Many face terrorism charges.
  • Among them is Juan Fernando Torres, a 25-year-old Medellín primary school teacher who became known as “El Narrador” because he documented protests, and confrontations with police, on video, posting them to his social media accounts. While the videos record him shouting rude epithets at the police, they do not appear to show Torres taking part in violence. Nonetheless, at 5:00 in the morning of July 29, police broke down his door and took him away while his family looked on.
  • A well-known student protest leader in Popayán, Estéban Mosquera, who had lost an eye to a tear-gas canister shot by a riot policeman during a 2018 protest, was shot to death on August 23 by two men on a motorcycle.
  • Thirty social leaders, human rights defenders, and former combatants in Tolima department say they have received death threats during the past seven weeks. Some say the threats began to escalate after the Paro Nacional began.
  • Relatives of people killed by police during earlier protests—after a September 9, 2020 episode of police brutality in Bogotá—say that they are receiving death threats and experiencing aggressive behavior from police in their neighborhoods. “In an intimidating message, in which several relatives of September 9 victims were mentioned, a person implied that he has already identified the people involved in the commemorative acts and, in addition, left a sentence via text message: ‘let’s see if you want the game to start, we will gladly start.’ The message dates to August 3.”
  • In a bit of encouraging news, the Constitutional Court ruled that the military justice system does not have jurisdiction over the May 1, 2021 police killing of protester Santiago Murillo in Ibagué, Tolima. The Court found no evidence that the accused policeman, Maj. Jorge Mario Molano, fired his weapon in self-defense or to protect anyone else. His case will be tried in the regular civilian criminal justice system.
  • As Colombia’s national debate over police reform continues, the Ideas for Peace Foundation and the Friedrich Ebert Foundation in Colombia released a report, based on inputs from 11 experts, about what obstacles stand in the way of meaningful reform to Colombia’s National Police force. The report highlights the need for civilian leadership of reform and of citizen security policymaking, which in turn requires a larger number of civilians educated and trained in the field.

Links

  • The Truth Commission is three months away from a November 28 deadline to finish its work and publish a report, but Colombia’s Constitutional Court is considering its request for an extension, as the COVID-19 pandemic severely affected the Commission’s work, especially field research. Juanita León at La Silla Vacía believes that enough judges on the Court are in favor of permitting a deadline extension for seven or eight months, into the period between the election (May 2022) and inauguration (August 2022) of Colombia’s next president. The Inspector-General’s Office (Procuraduría), in its opinion sought by the Court, requested that the Truth Commission be granted seven more months to work. The Duque government, arguing that only the Congress has the power to grant it, has opposed an extension.
  • The Duque government promulgated, after much delay, a law foreseen by the peace accord that will create 16 special congressional districts for victims’ representatives, increasing Colombia’s House of Representatives from 171 to 187 members between 2022 and 2030. This law, bitterly resisted by peace accord opponents, only passed after years of legal wrangling over whether a sufficient quorum existed during the Senate’s 2017 approval. This week, some retired officers demanded that a few victims’ seats be reserved for military personnel who suffered abuses, like kidnapping, at the hands of guerrillas.
  • Citing a paramilitary plan to assassinate him and insufficient protection from the national government, the governor of the Caribbean department of Magdalena, Carlos Caicedo, left the country. Caicedo leads a local center-left political movement that has won the past three mayoral elections in Magdalena’s capital, Santa Marta. Caicedo is asking the OAS Inter-American Human Rights Commission to issue precautionary measures for his protection.
  • The mayor of Segovia, Antioquia denounced that police in his municipality are cooperating with the Gulf Clan paramilitaries, for instance by leaking information about imminent counter-drug operations.
  • “The Colombian military is the best partner force that I’ve worked with in 18 years,” U.S. Army Lt. Col. David Webb said at the conclusion of a joint exercise in Tolemaida, Tolima. “I pray for peace, but I’m always ready for war. If I do have to fight a war, I would be proud to serve with each and every one of you.”
  • A key reason the UN/Colombian government estimate of coca cultivation is currently so much lower than the U.S. estimate is that it “subtracts the [eradicated] hectares reported by the field teams, but does not verify the effectiveness of the intervention,” writes Sergio Uribe at Razón Pública.
  • According to a Human Rights Ombudsman (Defensoría) report, Antioquia may have displaced Cauca as the department where the largest number of social leaders were killed during the first six months of 2021. A report from the Electoral Observation Mission (MOE), blaming the proximity of campaigning for 2022 elections, found a 15.7 percent increase in aggressions against political leaders during the first six months of 2021, compared to the same period in 2020.
  • The week saw many reports of violence in Pacific coast zones where armed groups are disputing control over drug trafficking routes.
    • In Tumaco, Nariño, fighting between counternarcotics police and members of the local “Oliver Sinisterra” ex-FARC dissident group left 13 dissidents and one police agent wounded. On the other side of the international border from Tumaco, the fighting placed Ecuador’s security forces on alert.
    • Just north of Tumaco, in Nariño’s Telembí Triangle region, Doctors Without Borders estimates that fighting displaced over 21,000 people and confined 6,000 others—combined, nearly 30 percent of the region’s population—during the first six months of the year.
    • Further north, in northern Cauca, Indigenous organizations denounced several alarming events from the past week, pointing a situation of “generalized violence.”
    • Further north, 4,679 people in 14 Indigenous communities are confined by fighting between the ELN and the Gulf Clan in southern Chocó’s Bajo Baudó river region. Fighting between the same groups displaced over 1,500 people in Chocó’s lower San Juan River region.
    • Further north in Chocó, where the Bojayá river flows into the Atrato—site of a historic FARC massacre in 2002—the population lives in fear of three armed groups plus the security forces, El Espectador reports. Organized crime activity is causing extensive deforestation in Chocó, reported Cuestión Pública and La Liga Contra el Silencio.
  • A devastating analysis by Camilo Alzate at El Espectador details the government’s failure to implement collective protection measures for threatened social leaders and ethnic communities along the Pacific coast.
  • Tensions continue to increase along the Colombia-Venezuela border.
    • In Arauca, fighting between the 10th Front ex-FARC dissident group and the Tren de Aragua, a Venezuelan organized crime group, appeared to have killed at least 13 people in a single week.
    • In the department of Norte de Santander, which includes the convulsed Catatumbo region, 50 non-governmental organizations denounced the killing of 22 social leaders and the death of 36 people in 8 massacres in the department since January 2020. Analyst Luis Eduardo Celis described deteriorating security in the departmental capital, Cúcuta, which borders Venezuela.
    • The Colombian government meanwhile claims that captured computers included evidence of contacts between Venezuelan government officials and “Gentil Duarte,” the maximum leader of the largest current network of ex-FARC dissident groups.
  • “We are facing an increasingly parochialized insurgency that, for the most part, concentrates its strength and armed action on the Colombian-Venezuelan border, but which operates under different logics on both sides,” reads an analysis of the ELN by Andres Aponte, Charles Larratt-Smith, and Luis Fernando Trejos at La Silla Vacía.

Tags: Weekly update

August 30, 2021

Colombia Peace Update: July 3, 2021

During at least the first half of 2021, we’re producing weekly updates in English about peace accord implementation and related topics.

Biden and Duque speak

“Why won’t Biden call Duque?” conservative former U.S. diplomat Elliott Abrams asked in a June 22 Council on Foreign Relations blog post. Colombian media had been pointing out that Joe Biden and Iván Duque had not had a phone conversation since Biden’s November 2020 election. Some speculation centered on reports that members of Duque’s political party, the Centro Democrático, favored Donald Trump and Republican candidates in the 2020 campaign.

On June 28, Biden and Duque had their first phone conversation. The trigger was not Elliott Abrams’ prose as much as news that the helicopter in which Duque was traveling had been hit by gunfire while over Cúcuta, Norte de Santander, on June 25. The two presidents spoke for 25 minutes; in the room with Duque was Vice President and Foreign Minister Marta Lucía Ramírez, Chief of Staff María Paula Correa, and the recently named ambassador to the United States, Juan Carlos Pinzón. El Tiempo reported that Biden asked Duque to send his greetings to Duque’s three children.

The White House and the Colombian Presidency both published brief readouts of the call. Both noted that Biden pledged to donate 2.5 million COVID vaccines, and that the two presidents discussed topics like security cooperation, climate change, and the situation in Venezuela.

The White House statement notes, “President Biden also voiced support for the rights of peaceful protestors, underscored that law enforcement must be held to the highest standards of accountability, and condemned wanton acts of violence and vandalism.” The Colombian document omitted any mention of the protest movement that has rocked the country since April 28, or of the security forces’ heavy-handed response.

“Colombia is a symbol of the challenges that the Andean region is experiencing. The economic challenges have been exacerbated by the pandemic because people have lost jobs and family members,” Juan González, the White House National Security Council’s senior director for the Western Hemisphere, told Colombia’s La W radio after the two presidents’ conversation. “Our interest,” he added, “is to help Colombia overcome this. It is important that the country can be a safe place. We recognize that the situation in Venezuela has been one of the reasons for the lack of security. Colombia is a country with many inequalities, so alternatives to crime and drug trafficking must be created.”

U.S. House drafts 2022 foreign aid bill

On July 1, the House of Representatives’ Appropriations Committee, by a 32-25 vote, approved its version of the “State, Foreign Operations, and Related Programs” appropriation—that is, the foreign aid bill—for fiscal 2022. It would provide $62.2 billion for diplomacy and assistance worldwide, a 12 percent increase over 2021 levels.

The House bill, which tends to reflect the priorities of the chamber’s Democratic Party majority, would provide Colombia with $461.375 million in assistance during 2022, about $7.5 million more than the Biden administration requested and identical to the amount in the 2021 appropriation. This does not count $2.5 million for the UN High Commissioner for Human Rights’ office in Colombia, an unspecified amount to assist the Venezuelan migrant population in Colombia, and an unspecified amount of military and police assistance through Defense budget accounts (which totaled $55.4 million in 2019, according to the Congressional Research Service).

We estimate that 51 percent of U.S. assistance would go through accounts that provide economic and civilian institution-building aid, 18 percent would go through accounts that provide military and police aid, and 31 percent would go through accounts that might pay for both types of aid. So unlike the “Plan Colombia” period, aid to Colombia would be less than half military and police assistance. Economic aid, the Committee’s narrative report accompanying the bill specifies,

should include support for the presence of civilian government institutions in former conflict zones; the reintegration of ex-combatants; the development and basic needs of war-torn areas; civil society organizations that promote truth, justice, and reconciliation; advocacy for victims’ rights; protection of human rights defenders; verification of peace accord implementation; civic education for a culture of peace; and comprehensive rural development that advances the agrarian chapters of the peace accords.

View this table as a Google spreadsheet

As in past years, the bill includes human rights conditions: language holding up a portion of military aid until the State Department certifies that Colombia is doing more to hold accountable human rights violators, protect social leaders, and protect Afro-descendant and Indigenous communities. In recent years, these conditions held up 20 percent of aid through Foreign Military Financing (FMF), a program of mostly military aid that has usually provided about $38 million per year.

The 2022 House bill makes an important change to the conditions: applying them to police assistance as well. The amount held up pending certification would increase from 20 to 30 percent, and the conditions would apply not just to FMF but to International Narcotics Control and Law Enforcement (INCLE), a much larger State Department-run program that is the largest source of aid to Colombia’s National Police. If this language appears in the final bill, it would be the first time in many years that human rights conditions would apply to police aid. The change is a result of mounting evidence of human rights abuses committed by police in the context of social protests in November 2019, September 2020, and since April 28, 2021.

Now that it is out of committee, the 2022 foreign aid bill will go to the full House of Representatives, which may approve it before the August congressional recess. The Senate, whose Appropriations Committee is evenly split between 15 Democrats and 15 Republicans, will probably consider its version of the bill in September, though it’s possible it could begin work in late July. Once the House and Senate pass their versions, they must reconcile differences in the two bills, approve the final product, and send it to the President. The U.S. government’s 2022 fiscal year starts on October 1, 2021.

Duque proposes an “anti-disturbances and anti-vandalism” law

Colombia’s Paro Nacional protests have largely subsided, though concentrations persist in neighborhoods in Bogotá, Cali, and elsewhere. Ahead of the July 20 launch of a new congressional session, President Duque is telegraphing that his administration plans to introduce an “anti-disturbances and anti-vandalism” bill in that legislature.

The law would increase prison sentences for vandalism, blocking roads, or attacking police, all of which are currently offenses under Colombian law. The law “already includes jail sentences of around eight years for obstructing public highways, violence against public servants and property,” Reuters reported.

Duque called for the new law at a June 30 promotion ceremony for the chief of Colombia’s embattled National Police, Gen. Jorge Luis Vargas, who received his fourth star. Such a law is needed, he told the mostly police audience, “so that those who promote these practices do not try to get away with circumventing the rights of Colombians with impunity.” He called for a “clear and responsible” discussion of “what peaceful protest is and should be.” While he noted that most protest has been peaceful, there are many “vandals.”

Duque cited what happened to Camilo Vélez Martínez, a motorcyclist killed on June 25 when protesters stretched a cable across a street in southwest Bogotá. A protest leader in northwest Bogotá admitted to El Espectador’s Mónica Rivera that episodes like this point to a loss of discipline as public concentrations persist. “What we have seen is that they are infiltrating us and, unfortunately, it is very difficult to control the people. We control the compas, those who are with us, but we still have people who come to disturb the scene and then leave and go away.”

The political opposition saw in Duque’s statements an anti-democratic call to criminalize protest. “President Iván Duque announces an ’anti-riot law’ to legally shield the violent repression of young people,” said Green Party Senator Antonio Sanguino. “Duque suffers from a serious mental and cognitive problem of connection with reality.”

The proposal comes at a time when opposition analysts like Laura Gil, director of La Línea del Medio, warn of increasing concentration of power in the executive branch. “The unthinkable is becoming a reality: the formal breaking of the rules of the game,” Gil writes. In that context, there is reluctance to give Duque’s governing Centro Democrático party greater power to decide who is a peaceful protester and who is a “vandal.”

Data about the Paro Nacional

The Special Jurisdiction for Peace (JEP, the transitional justice tribunal set up by the 2016 peace accord) issued a report on July 1 warning that the Paro Nacional protests, and the government’s response, have affected the work of the post-conflict justice and truth system.

“The situation is worrying, since between April 28 and May 30, 2021, armed conflict events and affectations of civilians increased in 111 municipalities of interest for the Comprehensive System for Peace,” the JEP states. In those municipalities of interest, it has counted 13 conflict events and 89 “affectations,” way up from an average of 18 affectations during the same period in 2017-20. “This is evidenced by an increase in death threats, homicides of former FARC-EP combatants, and massive events of forced displacement.” The JEP also notes a sharp increase, in the context of the protests, of “groups of armed civilians” carrying out violence against protesters.

It adds new and troubling statistics: “Colombia has been the country with the second highest rate of violent deaths per day of protest in the world (one death every 36 hours), and the 2021 national strike has the highest number of violent deaths of people who have participated in social protest scenarios in the last 44 years [in Colombia].”

As of June 28, the NGOs Temblores and Indepaz, which have closely monitored human rights abuses in the context of the protests, counted:

  • 75 killings in the framework of the national strike, of which 44 were allegedly committed by the security forces. Through June 26, Temblores reported that “13 are in the process of clarifying whether the alleged perpetrator was a member of the security forces,” and that “4 are attributable to armed civilians in which there are indications of possible involvement of members of the security forces.” A June 30 communiqué to the UN Human Rights Council from over 300 worldwide NGOs cites different numbers: “83 homicides have been reported, including at least 27 civilians killed by ordinary and riot police.”
  • The communiqué from 300 NGOs cites a large number of missing or disappeared people: “327 people are still unaccounted for, with the authorities denying that about half of these disappearances ever took place.”
  • 83 victims of “ocular violence”—damage to protesters’ eyes, usually by fired projectiles.
  • 28 victims of sexual violence. As of June 26, Temblores also reported 9 victims of gender-based violence.

58 of the 75 killings occurred in the southwestern department of Valle del Cauca; that department’s capital is Cali, where 43 of the killings occurred.

An ongoing series at El Espectador is producing biographical profiles of some of those killed in the protests. “Most of them went out to demonstrate, and in response to their discontent they were met with bullets.”

As of July 2, Colombia’s National Police counted 3 of its members killed and 1,548 injured. It added that investigations of police personnel were underway for 16 cases of possible homicide, 40 cases of physical aggression, and 105 cases of abuse of authority. On 8,783 occasions in the context of protests, police had carried out “transfers for protection,” a controversial form of short-term custody of up to 12 hours, usually without charges, foreseen in Colombia’s 2016 police law. While being “transferred,” human rights groups claim that those in custody suffer abuse or are held in inappropriate locations.

Links

  • The House of Representatives’ Tom Lantos Human Rights Commission held a two-hour-plus July 1 hearing about Colombia’s recent protests. Commission Chairman Rep. Jim McGovern (D-Massachusetts) repeated his call for a suspension of U.S. police assistance to Colombia.
  • The International Crisis Group published a thorough analysis of Colombia’s National Strike and what may come next. “In the short term,” it reads, “the government should embark on comprehensive police reform, support efforts at national and local dialogue, and invite international observers to negotiations as a trust-building measure.” The report disputes government claims that armed or criminal groups played important roles in the protests, but does indicate that such groups’ increasing activity—things “getting out of hand”—is a key reason why local protest leaders began to stand down in early June.
  • The UN Verification Mission in Colombia published its latest quarterly report on implementation of the 2016 peace accord. Between late March and late June, “the Mission verified 16 homicides of former FARC-EP combatants, and the Office of the United Nations High Commissioner for Human Rights (OHCHR) reported 49 killings of human rights leaders and defenders.” About half of 13,589 accredited former FARC combatants are now involved in individual or collective productive projects. The Bogotá-based think tanks CINEP and CERAC also produced their ninth report on verification of peace accord implementation as the “Technical Secretariat of the International Verification Component.”
  • Úber Banquez Martínez, the former paramilitary leader who under the name “Juancho Dique” led a terror campaign in the Montes de María region 20 years ago, talked to El Espectador about his relationship with the region’s military leaders. Notably, Banquez is too scared to talk openly about the region’s political and economic leaders’ support for paramilitarism. “It is more dangerous to talk about the political system than about the Armed Forces, because they have a lot of power. They are alive, they are still alive and they are very dangerous.”
  • Colombia’s National Police released composite sketches of two men believed responsible for shots fired on June 25 at a helicopter in which President Duque was traveling over Cúcuta, Norte de Santander. The sketches’ crude quality inspired ridicule on social media. Defense Minister Diego Molano hypothesized that the attack was the work of “a possible criminal alliance between the ELN’s urban front and the FARC’s dissidents of the 33rd front.”
  • “The media most often show the anti-riot squads in their Darth Vader getups, the beatings and the shootings and the tear gas bursting into the air in great clouds. What appear less often are the ecstatic marches that are also celebrations of being alive after a year of Covid fear and loss,” writes veteran journalist Alma Guillermoprieto at the New York Review of Books.
  • Colombia’s medical examiner’s office (coroner) counted 4,986 homicides in the first five months of 2021. This is 27 percent more than the first five months of 2020. Seven percent of the victims were women. “The gradual reopening after quarantines” may be a reason for the increase, security analyst Henry Cancelado told El Tiempo.
  • Javier Tarazona and members of the Venezuelan NGO FundaRedes denounced on June 30 that former Venezuelan Interior Minister Ramón Rodríguez Chacín has been collaborating with Colombia’s ELN guerrillas, and that the government maintains “safe houses” in Venezuela for ELN and ex-FARC dissident group members. FundaRedes often alleges Venezuelan government ties to Colombian armed groups and has been a key source of information about recent border-zone fighting between Venezuelan forces and ex-FARC dissidents. Two days after this denunciation, Venezuelan police arrested and imprisoned Tarazona and three colleagues.
  • The armed forces reported seizing six tons of cocaine at a “complex of laboratories” in Samaniego, Nariño. The Defense Ministry claims that the site was run by the ELN, which has long been active in Samaniego.
  • “Colombian President Iván Duque made the war against drugs one of the priorities of his administration,” reads a Defense Ministry document reproduced at the U.S. Southern Command’s Diálogo website. It commits Colombia to eradicating another 130,000 hectares of coca in 2021 “but this time considering the option of resuming aerial spraying.”

Tags: Weekly update

July 10, 2021

Two high-profile attacks in Cúcuta in two weeks (Colombia Peace Update June 26, 2021)

During at least the first half of 2021, we’re producing weekly updates in English about peace accord implementation and related topics.

The helicopter in which President Iván Duque and other top officials were traveling got hit by six bullets as it prepared to land in Cúcuta, capital of the conflictive Norte de Santander department in northeastern Colombia, on June 25. Duque, Defense Minister Diego Molano, Interior Minister Daniel Palacios, and Norte de Santander Governor Silvano Serrano were returning to Cúcuta from a visit to the municipality of Sardinata. All landed safely, with no injuries.

Sardinata is part of the Catatumbo region, which in 2019 made Norte de Santander Colombia’s number-one coca-producing department. It is an area of strong campesino organizations, but also has strong influence of armed groups like the ELN, ex-FARC dissidents, a weak remnant of the old Popular Liberation Army (EPL) guerrilla group, and organized crime.

As of June 26 no group had claimed responsibility for the attack on the presidential helicopter.

This was the second major attack in 10 days on a difficult-to-reach government target in Cúcuta. On June 15, a car bomb injured 36 people at the headquarters of the Colombian Army’s 30th Brigade. It remains unclear how—as security camera footage reveals—the bomber was able to enter the base after a cursory security check an hour and a quarter before his vehicle exploded. The blast slightly injured some U.S. military trainers who had been present at the base.

The ELN denied responsibility for the bombing; in January 2019, the group had quickly admitted to a lethal bombing at the National Police academy in Bogotá. At Razón Pública, researcher Jorge Mantilla points to reasons why the ELN or ex-FARC dissidents might not be responsible. While he also casts doubt on “self-attack” hypotheses, Mantilla faults the government for a clear failure of counter-intelligence and force protection, asking how an attacker could so easily enter a base in one of Colombia’s most militarily fortified regions.

Tags: Weekly update

July 3, 2021

Ingrid Betancourt faces her former captors (Colombia Peace Update June 26, 2021)

During at least the first half of 2021, we’re producing weekly updates in English about peace accord implementation and related topics.

The Truth Commission hosted three “recognition encounters” during the week, in which those responsible for war crimes met with, and showed contrition to, their victims. The highest-profile of these took place on June 23 in Bogotá, where FARC leaders who have admitted responsibility for kidnappings met with several people whom the group had held captive for years. The post-conflict transitional justice tribunal, the Special Jurisdiction for Peace (JEP), has estimated that the FARC kidnapped 21,396 people during the conflict, either to extort ransom payments or to press for prisoner exchanges.

The best-known former hostage at the Bogotá event was Íngrid Betancourt, a French-Colombian politician whom the FARC held captive between 2002 and a July 2008 rescue. This was the first time Betancourt had agreed to meet with former FARC leaders. She participated at the invitation of the Truth Commission’s president, Fr. Francisco de Roux.

FARC leaders Rodrigo Londoño, Pastor Alape, Julián Gallo, and Pedro Trujillo voiced contrition. “We committed a serious crime, a product of the process of dehumanization into which we fall when we only see the world as divided between friends and enemies,” said Alape. “When we believe that all resources are valid to win the war.”

In her remarks, Betancourt noted that the ex-guerrillas’ participation was cause for “hope.” But she said she had wanted more. “I must confess that I am surprised that we on this side [the victims] are all crying, while the other side has not shed a single tear.” From some FARC leaders, she said she heard a “political speech” of contrition, but not enough words spoken from the heart.

Betancourt asked her former captors to reflect more fully on how they lost touch with their humanity, tying her remarks to the ongoing social protests that have swept Colombia since late April.

Interviewed by El Tiempo, Betancourt applauded the work the JEP did in documenting the FARC’s kidnappings and leading the ex-guerrilla leadership to recognize its responsibility. “Now what we are waiting for are the sentences, which I hope will be at the same level as the indictment,” she said, hoping that the JEP hands down punishments in conditions as austere as the peace accord allows. “It would be very sad if after having done this exercise, after weaving together all the experiences of so many people, we end up with justice condemning them to planting trees.”

Tags: Weekly update

July 3, 2021

U.S. reports an unexpectedly large increase in estimated coca cultivation (Colombia Peace Update June 26, 2021)

During at least the first half of 2021, we’re producing weekly updates in English about peace accord implementation and related topics.

On June 25 the White House Office of National Drug Policy (ONDCP, also known as the “Drug Czar”) released the U.S. government’s estimate of coca cultivation in Colombia in 2020. It found a 16 percent increase from 2019, from a record 212,000 estimated hectares of coca to an even greater record of 245,000 hectares. This coca was potentially used, ONDCP estimated, to produce 1,010 metric tons of pure cocaine, up from 936 in 2019—an 8 percent increase.

The release notes that the cultivation increase happened despite Colombia’s government reporting a record 130,000 hectares of manual eradication of coca bushes, and the seizure of nearly 580 metric tons of cocaine and cocaine base.

In 2020, the Trump administration’s ONDCP release covering 2019 had called for more forced coca eradication, including aerial spraying of the herbicide glyphosate. The government of Juan Manuel Santos had suspended this controversial U.S.-backed “fumigation” program in 2015 due to public health concerns, but the current government of Iván Duque has been working to reinstate it.

The June 25 ONDCP release barely mentions eradication. It makes no mention of the (now probably unreachable) objective of cutting coca cultivation in half by 2023, which the outgoing Santos administration had agreed with the Trump administration in 2018.

The U.S. estimate emerged about two weeks after the UN Office on Drugs and Crime (UNODC) made public its estimate of 2020 cultivation. (ONDCP and UNODC are the two institutions that estimate coca cultivation in the Andes.) Unlike the White House, the UN agency found a downward cultivation trendline. The UN estimate of 143,000 hectares is a 7 percent decrease from 2019, and 102,000 hectares fewer than what the U.S. government estimates.

While the two entities’ coca estimates are rarely close, it has been unusual for their trendlines to diverge, as has now happened for two consecutive years. The Colombian government considers the UN number to be “official” but does not publicly dispute the U.S. figure.

The UN estimate of Colombia’s potential 2020 cocaine production, however, increased by 8 percent from 2019 to 2020. More cocaine from fewer hectares probably means taller coca bushes, higher-yielding crops, and more robust chemical extraction methods. The UNODC estimate of Colombian cocaine production—1,228 metric tons—is, in fact, higher than the U.S. estimate (1,010).

“Technicians from both countries and the United Nations will review [the statistics] to identify methodological criteria necessary to harmonize for the next measurement cycle,” El Espectador reported. We know more about how the UN derives its estimates than we do about the U.S. methodology. In coming weeks, we can expect UNODC to publish a full report presenting crop monitoring trends by region. That report usually includes a discussion of how the agency relies on satellite imagery and closer monitoring of selected regions. The U.S. government has been more secretive; the State Department’s International Narcotics Control Strategy Report points to much extrapolation, noting that it “conserves limited personnel and technical resources by employing sample survey methodologies to estimate illicit crop cultivation.”

Tags: Weekly update

July 3, 2021

Some protests continue as Colombia has difficult human rights discussions (Colombia Peace Update June 26, 2021)

During at least the first half of 2021, we’re producing weekly updates in English about peace accord implementation and related topics.

The committee of civil-society leaders—mainly union leaders—who called for a national strike (Paro Nacional) on April 28, only to see protests go on for many weeks, have stopped calling for street demonstrations for now. They are taking their demands to Colombia’s Congress, where they plan to work with sympathetic legislators to introduce a raft of bills when the next legislative session begins on July 20. Labor leader Francisco Maltés told Reuters that if the Comité del Paro’s demands go unmet, an even greater national strike will take place during the second half of the year.

The Comité does not command all protesters, of course, and groups of mostly young people continued to take to the streets in Bogotá’s poorer southern neighborhoods, in “resistance” sites around Cali, and in Medellín, Bucaramanga, Pasto, and Popayán. While demonstrations and blockades were mostly peaceful, violence between police and protesters broke out several times during the week. A protester was killed in Bogotá. In Tuluá, north of Cali, the decapitated head of a young man who had participated in protests was found in a plastic bag; police blamed local drug trafficking gangs.

As the country eased COVID-19 restrictions before vaccines were widely available, Colombia now finds itself in a devastating third wave of infections and deaths. Colombia recorded more than 23,000 new infections per day in June, about three times as many as in March, Public Radio International reported. More than 600 people are dying every day, well over double the number in the United States right now. Only India and Brazil are seeing more death. Intensive-care wards in major cities are over 95 percent full.

The government and human rights defenders continue to disagree vehemently about the extent of human rights abuses committed by security forces.

Homicide

The Prosecutor-General’s Office (Fiscalía) counts 24 deaths linked to the protests and is investigating 11 more.

  • As of June 18, the widely cited NGO Temblores counted 43 homicides and was investigating 21 more.
  • As of June 22, an effort to cross and verify databases by the investigative journalism website La Silla Vacía found 47 people likely killed in the framework of protests, 44 of them protesters. La Silla notes that the Fiscalía is omitting 23 killed people from its statistic even though they appear to meet the agency’s criteria.
  • Voicing “deep concern about allegations of serious human rights violations by the state’s security forces,” UN High Commissioner for Human Rights Michelle Bachelet told the UN Human Rights Council that “from April 28 to June 16 we have recorded allegations of 56 deaths, including 54 civilians and 2 police officers.” Bachelet’s remarks, which contrast with the Colombian government’s official figures, drew an angry response from Colombia’s ambassador to the United Nations, Alicia Arango, who had drawn attention for troubling statements about killings of social leaders while in her previous post as interior minister.

Missing or disappeared people

A June 23 overview of people missing or disappeared in the context of the protests, compiled by La Liga Contra el Silencio, finds a variety of estimates of the missing, some of whom may still be in custody of the authorities. The Fiscalía counts 84 people who have yet to be found.

  • “Between April 28 and May 27, the Working Group on Enforced Disappearances registered 775 missing persons, of which 327 have yet to be found.”
  • “In the report that Temblores ONG, Indepaz and PAIIS delivered to the Inter-American Commission on Human Rights (CIDH) during its visit to Colombia, 346 people were reported missing directly to these entities between April 28 and May 31.”
  • Just in the department of Valle del Cauca, of which Cali is the capital, “the Francisco Isaías Cifuentes Human Rights Network has a report of 179 people missing since the strike began. Of these, 75 remain unaccounted for. …More than twenty of the people found had been taken to police stations and held without the right to communicate with their families. Some of them had wounds from firearms and sharp weapons, and signs of torture.”

The La Liga investigation recounts the experience of a Bogotá protester who, after being detained, was one of several young men kept in the back of a truck that uniformed police drove around the city nonstop, changing drivers, for more than two days while they threatened to kill their captives.

Gender-based and sexual violence

  • The Human Rights Ombudsman’s Office (Defensoría), which has come under fire and may be undergoing senior management changes after a less-than-vigorous response to the protests’ human rights situation, counts at least 113 cases of gender-based violence, the BBC reports.
  • Temblores counts 28 cases of protesters being sexually abused.

Police reform?

The need to reform Colombia’s National Police, which President Duque acknowledged with a series of modest proposals on June 6, continues to be a frequent topic of discussion.

  • Ingrid Betancourt, the former FARC hostage, raised it in a June 21 meeting with Duque. “What we have seen is that the security forces confronted them as if they were confronting the traditional enemies of this war, without the peace transition having happened,” Betancourt told El Tiempo. “The security forces have not been able to adapt to the new reality of peace.”
  • Defense Minister Diego Molano sent a letter to Chief Prosecutor Francisco Barbosa refusing Barbosa’s June 1 request to provide information about protest-related human rights cases currently before the military justice system. Molano said that, due to recent reforms, the military courts are no longer under his direct command, and that it is up to the judges in each case to share information.
  • American actor Kendrick Sampson, who is Black, wrote in El Espectador of extreme hostility from police while on a visit to Cartagena last December. “Two police officers pulled up behind me, yelling and gesturing for me to face the wall. This was the sixth time I had experienced Cartagena’s stop and frisk policy in five days.I thought I knew what to expect, but this time was far more violent.” He concluded, “Our political leaders are funneling the bulk of our taxes into violent, militarized policing and the oppression of Black and Indigenous communities worldwide, instead of bringing adequate housing, healing and care.”
  • La Silla Vacía’s Daniel Pacheco sat down with a group of police, who voiced grievance and a sense that the allegations against them are unfair and out of context. “If you make a mistake in your actions, if you do wrong, if you go too far, go to jail, my friend. But if you do nothing, you just lost your life, my friend.”
  • A Datexco poll gave President Duque an approval rating of just 16 percent, with 79 percent disapproval. 31 percent of Colombians surveyed approve of the National Police, compared with 64 percent disapproval. (March 2020 was the first time Datexco found the Police with higher disapproval than approval.) The Police’s anti-riot unit, the ESMAD, had 28 percent approval and 66 percent disapproval. The Army is still in positive territory, with 56 percent approval and 38 percent disapproval.

Tags: Weekly update

July 3, 2021

Congress lets peace accord bill expire (Colombia Peace Update June 26, 2021)

During at least the first half of 2021, we’re producing weekly updates in English about peace accord implementation and related topics.

On June 21 Colombia’s Congress finished a legislative session that had begun on July 20, 2020. While Interior Minister Daniel Palacios celebrated that the legislature passed 49 laws during the past year, the session ended with the Senate failing to bring up for debate a law necessary to implement key elements of the 2016 peace accord.

The “Agrarian Specialty” law intended to fulfill a key commitment of the accord’s first chapter, which covers “comprehensive rural reform,” seeking to address issues of land tenure, rural inequality, and lack of state presence that have underlain so much of the armed conflict.

The law would have established a system of judges specializing in rural issues. While Colombia’s cities have 11 judges per 100,000 inhabitants, the country’s notoriously abandoned rural areas have only 6 judges per 100,000. Notre Dame University’s Kroc Institute, which the peace accord gives a formal role in monitoring implementation, noted in May that “other important Point 1 [chapter 1] commitments depend on the implementation of this system.”

The bill passed Colombia’s House of Representatives, with apparent support from President Duque’s governing Centro Democrático (CD) party. But it ran into trouble in the Senate, even as it sailed through committee on May 25 by an 18-3 vote. The three opponents were CD senators.

Ultraconservative CD Senator María Fernanda Cabal, an outspoken defender of large landholders’ interests (her husband heads Colombia’s cattlemen’s federation, Fedegán), began to campaign against the bill. Cabal, La Silla Vacía reports, “recorded a video urging peasants to call their senators to oppose the ‘dangerous desk law’ that would create ‘an agrarian JEP where judges will begin to persecute rural property.’”

The congressional session neared its end without the bill coming up for Senate consideration. President Duque and Justice Minister Wilson Ruiz told foreign diplomats, including U.S. Ambassador Philip Goldberg, that the Agrarian Specialty law would move ahead. But it did not. La Silla Vacía alleges that Duque was saying one thing and doing quite another.

The reason [for the bill’s expiration], as La Silla was able to confirm with two sources who have ways to know, was that the Government expressly asked [Senate President Arturo] Char not to place it on the agenda. Calendarizing is a key step for a bill to be voted on the following day.

“The Colombian Senate adjourned its session and did not consider the Agricultural Specialty Law,” tweeted Rep. Juanita Goebertus, who before her election was a member of the government’s negotiating team with the FARC in Havana. “The government committed to moving it forward. The Minister of Justice lied and betrayed his word. They swore to the entire international community that they are implementing the peace accord, and they’re laughing in our faces.”

Tags: Weekly update

July 3, 2021

Longtime maximum ELN leader quits (Colombia Peace Update June 26, 2021)

During at least the first half of 2021, we’re producing weekly updates in English about peace accord implementation and related topics.

After 23 years as top commander of the National Liberation Army (ELN) guerrilla group, Nicolás Rodríguez Batista alias “Gabino” is standing down at age 71. Rodríguez joined the ELN as a 14-year-old in 1965. He is among guerrilla leaders who remain in Cuba after the 2019 collapse of peace talks, and has been getting medical treatment there since 2018.

His replacement atop the group’s loose chain of command is longtime top leader Antonio García (the alias of Eliécer Chamorro Acosta), who is considered a hardline ideologue but has participated in past dialogues with the government. The new number-two ELN leader is alias Pablo Beltrán, who also remains in Cuba; he was the chief guerrilla negotiator during the peace process that failed following a January 2019 guerrilla bombing of Colombia’s police academy in Bogotá. The new number three leader, Pablo Marín, also known as “Pablito,” commanded the ELN’s largest unit, the Eastern War Front located in and around Arauca, and across the border in Venezuela. He is probably a skeptic of peace negotiations. Fighters under Marín’s command almost certainly carried out the 2019 bombing.

Tags: Weekly update

July 2, 2021

Links (Colombia Peace Update June 26, 2021)

During at least the first half of 2021, we’re producing weekly updates in English about peace accord implementation and related topics.

  • “Given the large volume of reports we have received from Colombia since the start of the national strike on April 28, we are releasing English-language information about these human rights violations in two parts,” begins WOLA’s latest regular overview of Colombia’s human rights situation. It is, sadly, a long document.
  • Colombia’s Defense Minister and National Police Chief told those at a June 22 press conference that Dairo Úsuga alias “Otoniel,” the maximum head of the Gulf Clan neo-paramilitary group, is “cornered and going hungry” as security forces pursue him in the country’s northwest.
  • A graphical update from the UN Office for the Coordination of Humanitarian Affairs (OCHA) reports a 101% increase in forced displacement in Colombia from January to May 2021, compared to the same period in 2020. The agency counted 29,252 people displaced in 63 events, with Nariño, Antioquia, Cauca the hardest-hit departments.
  • Senators Rick Scott (R-Florida), Marco Rubio (R-Florida), and Ted Cruz (R-Texas) introduced a resolution supporting Colombia’s government and condemning “efforts to undermine democracy.” It makes no mention of the Colombian security forces’ human rights record in the context of recent protests. Four Florida Republican House of Representatives members introduced an identical resolution in their chamber.
  • Former top leaders of the United Self-Defense Forces of Colombia (AUC) paramilitary confederation, who demobilized in the mid-2000s, told a transitional justice judge that they feel unprotected and fear for their lives. Among those participating virtually in the hearing was former maximum AUC leader Salvatore Mancuso, who is in a U.S. immigration detention center, fighting deportation to Colombia after serving a drug trafficking sentence in U.S. prison. They said that 4,000 of the more than 30,000 paramilitaries who demobilized in the so-called “Justice and Peace Process” have since been killed, some of them in Colombian prisons.
  • The Venezuelan NGO FundaRedes reported that six members of the Jivi indigenous nation were killed by ex-FARC dissident fighters in the state of Apure, which borders Colombia and has seen combat between dissidents and Venezuelan forces since March. The crime may have been retribution for the indigenous people’s theft of government food handouts from a truck.
  • El Espectador profiles 11 social leaders and local government officials in Arauca whom authorities arrested in the early morning hours of May 27. Prosecutors allege that they are part of the support network for the “10th Front” ex-FARC group, believed to be aligned with dissident leader Gentil Duarte.
  • The Bogotá-based think tank CERAC, which maintains a database of political violence, reports a decline in deaths resulting from political violence since December 2020.

Tags: Weekly update

July 2, 2021

U.S.-Based Organizations Call for Suspension of Security Aid to Colombia and an End to Repression of Protests in Colombia

On June 5, 23 organizations, including WOLA, called on the U.S. government to immediately stop all police and military assistance and arms and crowd control equipment sales to Colombia. They also urged the Colombian government to end violence by security forces, ensure accountability for abuses, search for the missing, and establish meaningful dialogue to address the underlying economic and racial inequality, as well as denial of basic human rights, which gave rise to the protests.

The full statement is below:

STATEMENT BY U.S.-BASED ORGANIZATIONS CALLING FOR A CUT-OFF OF SECURITY
AID TO COLOMBIA AND AN END TO REPRESSION OF PROTESTS IN COLOMBIA

As U.S.-based activists, advocates, and accompaniers of the human rights of all Colombians, we have seen with growing alarm in the weeks since the protests began in Colombia repressive actions by the Colombian security forces against largely peaceful demonstrations. The daily deluge from Colombian streets and countryside of horrific images and videos of abuses, and the myriad credible reports about the Colombian government’s systematic acts of repression, have demonstrated not only a continuing but an escalating attack on the core of human dignity. These images, accounts, and reports demonstrate a refusal of Colombian state agents to acknowledge some of the most basic and fundamental rights of the Colombian citizenry.

The escalation of repression by the police forces, the increasing involvement of the armed forces, and statements of support for these forces by high-level government ministers and supporters indicate a deafness of the Colombian government to the growing international and Colombian clamor for the repression to stop, for the human rights of all to be respected, and for the pursuit of genuine dialogue. Because the Colombian government appears dead set on continuing and escalating the repression against mostly non-violent and peaceful demonstrators, we call on the
Government of the United States of America to immediately stop all police and military assistance and arms and crowd control equipment sales to Colombia.

We urge the Colombian government to end the security force violence, ensure accountability for the abuses, search for the missing, and establish a meaningful dialogue to address the underlying economic and racial inequality and denials of basic human rights that gave rise to the protests.

AFL-CIO
Amazon Watch
Amnesty International USA
ARRAIGO. ORG
Center for International Environmental
Law (CIEL)
Center for Justice and International Law
(CEJIL)
Chicago Religious Leadership Network on
Latin America
CODEPINK
Colombia Human Rights Committee
Denver Justice and Peace Committee
(DJPC)
EarthRights International
FOR Peace Presence
Healing Bridges
International Institute on Race, Equality
and Human Rights
Latin America Working Group (LAWG)
Movement Rebel
Presbyterian Church (USA)
Presbyterian Peace Fellowship
Robert F. Kennedy Human Rights
School of the Americas Watch
United Church of Christ, Justice and
Witness Ministries
Washington Office on Latin America
(WOLA)
Witness for Peace Solidarity Collective
World BEYOND War

Tags: police brutality, U.S. Aid

June 11, 2021