As part of the Comprehensive System of Truth, Justice, Reparation and Non-Repetition (Sistema Integral de Verdad, Justicia, Reparación y No Repetición, SIVJRNR), the 2016 peace accord, via Article 5.1.1., created the Special Unit on the Search for Persons Deemed as Missing in the context of the armed conflict. Colombia’s national government signed Decree Law N° 589 of 2017 to establish the Unit for the Search of Disappeared Persons (Unidad de Búsqueda de Personas Desaparecidas, UBPD). The UBPD started formally operating in August 2017 after the President signed three decrees to determine the unit’s structure. Its mandate lasts 20 years. The goal of this unit is to direct, coordinate, and contribute to the implementation of humanitarian measures to search for and identify all people missing as a result of the armed conflict. In cases where individuals are no longer alive, the UBPD is responsible – whenever possible – for the recovery, identification, and dignified delivery of the remains.
In February 2018, Luz Marina Monzón was sworn into office as the UBPD’s General Director. She is advised by a council made up of the President of the Truth Commission, senior national government officials, the Director of the National Institute of Legal Medicine and Forensic Sciences (INMLCF), delegates of the National Victims Roundtable, delegates of victims’ organizations, and a representative of civil organizations with technical forensic expertise. In the last quarter of 2018, the unit was approved for a $26.3 million operating budget.
By September 2019, the UBDP met with 870 people in order to ensure the participation of victims and social organizations in the search process. They played an important role in the early stages of designing the unit’s search plan. During October 2019, eight meetings were held with Indigenous and Afro-descendant organizations, members of the LGBT+ community, women’s groups, relatives of forcibly disappeared and kidnapped victims, families of missing state force members, exiled Colombians, human rights organizations, and state entities. Overall, 124 organizations participated in the October meetings. In these meetings, people and organizations who have historically worked on missing persons cases were able to share their experiences and the difficulties of the search process. The UBPD is able to better carry out its search work with an ethnic and gender focus as a result of broader civil society involvement.
2019 PNB Meetings with Civil Society
Location
Date
Group
Bogotá D.C.
September 30 and October 1
Human Rights Organizations and Families of Forced Disappearance Victims
Bucaramanga, Santander
October 3 and 4
Gender Focused Organizations
Barranquilla, Atlántico
October 7 and 8
LGBTI Organizations
Cali, Valle del Cauca
October 10 and 11
Afro-Descendant Organizations
La Mesa, Cundinamarca
October 15, 16, and 17
Indigenous Organizations
Nevia, Huila
October 17 and 18
Relatives of forced disappearance victims and missing Public Force members
Bogotá, Cundinamarca (virtual)
October 23
Exiled Colombians
Bogotá D.C.
October 24
State Entities
Source: Plan Nacional de Búsqueda 2020, UBPD
UBPD’s National Search Plan Article 5.2 of Decree 589 states the UBPD must design and implement a national plan which, along with regional plans, will establish procedures for the search, localization, recovery, identification, and return of missing persons. On May 6, 2020, the UBPD officially launched the National Search Plan (Plan Nacional de Búsqueda, PNB). The PNB is the unit’s framework to find the more than 100,000 people missing due to the armed conflict. As stated in Decree 589, the national plan must be executed in collaboration with victims and human rights organizations. UBPD’s General Director Luz Marina Monzón confirmed at the launch event that the PNB’s main characteristic is its participatory nature.
The PNB framework allows the UBPD to plan, organize, and implement tools to search for missing persons. Based on the evolving circumstances due to continued armed violence in the territories, the national plan is subject to change. Updates to the Regional Search Plans (Planes Regionales de Búsqueda, PRB) will also result in PNB revisions. The PRB’s places emphasis on the specific characteristics of different regions, sectors of the population, or even certain time periods. Meanwhile, the PNB centralizes search efforts while still being responsive to the unique needs of different regions and communities. The plan’s structure can be broken down into three main points:
Information This first point focuses on information collection, categorization, systematization, and analysis. It also ensures that any information received is not used in judicial processes. Given the unit’s humanitarian mandate, it is essential the UBPD prioritize the wellbeing of victims and their families. These groups generally provide information to the state because it is useful to search efforts. The PNB encourages a more mutual relationship that guarantees the persons giving information receive answers in return. Building trust between the different actors is the first step. UBPD’s efforts also need to go beyond just numbers by understanding the scope and nature of the disappearance. It is important for the unit to actively investigate the information they receive. In addition to improving the national registry for disappeared persons, the UBPD is committed to establishing the National Registry of Ditches, Illegal Cemeteries, and Graves (Registro Nacional de Fosas, Cementerios Ilegales y Sepulturas, RNF).
Location The UBPD seeks to implement various strategies to address the difficulties searching for disappeared persons. The search begins by assuming the victim is alive. The information previously gathered and inter-institutional coordination is essential for investigations. In the case of death, the UBPD will try to locate the body and return the remains to the family. The unit will coordinate with the Institute of Legal Medicine, the Prosecutor’s Office, and universities to identify bodies found in cemeteries and morgues.
Participation Historically, participation involves families providing information and/or being reunited with the disappeared person. The PNB challenges this simplistic view of participation in favor of a more humanitarian state response. This involves families and organizations being involved in all stages of the search process. For the UBPD, families include non-blood relatives, same-sex couples, and family conceptions of Indigenous and Black communities.
Current Status of the UBPD The UBPD received 5,195 search requests by April 2020. Out of those requests, 2,385 of them were made by victims’ organizations, 1,670 by family members, and 271 by armed groups. Earlier this year, the UN Human Rights Office (OHCHR) recognized the contributions of former members of the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia, FARC) in the search for disappeared persons. In addition to these search requests, there are currently 11 PRBs. Various files from institutions such as the INMLCF and Prosecutor’s Office were also added to the UBPD’s database.
After two years in operation, the UBPD still needs to fill staff vacancies in order to advance their search process. As of February 2020, 341 positions out of 522 were staffed. The government approved a hiring process where 30% of the staff would be hired in 2018, 50% in 2019, and the remaining 20% in 2020. It was not until September 2018 that the Constitutional Court ruled on how UBPD’s staff would be hired.
August 5, 2020“If Trump loses the elections in November, Washington will support the peace process, the protection of social leaders, and the defense of human rights in Colombia”
A Google search for appearances of “Colombia” during the first six months of 2020 at house.gov, the domain of the U.S. House of Representatives, yields no more than 20 meaningful results. Most of those were brief mentions of the country’s record coca cultivation levels, or the impact of Venezuela’s crisis.
While the Senate is controlled by the Republican Party, the Democrats won the majority of the House in the 2018 elections. Since then, the House has spoken little about Colombia. But surprisingly, over the last few weeks, it has made statements about Colombia’s peace process, its social leaders, and its military espionage scandals.
On July 6, 94 Democratic legislators signed a letter expressing their concern about these issues.
Days later, the 2021 foreign aid budget bill passed the full House. This bill, and its accompanying narrative report, do much to move U.S. assistance to Colombia in a more pro-peace, pro-human rights direction.
It appropriates $458 million in new assistance for Colombia in 2021, of which less than $200 million would go to the country’s police and military forces. By contrast, the Trump White House had requested, in February, $413 million, of which more than $250 million would go to the armed forces and police.
It lists specific purposes for which U.S. aid should be used, placing implementation of the peace accord at the center, along with a greater presence of civilian state institutions in ungoverned zones. It calls for greater attention to victims, small farmers, women, and indigenous and Afro-Colombian peoples, as well as coca substitution “as agreed to in the peace accord.”
It conditions fumigation, freezing 20 percent of the State Department’s $189 million in International Narcotics Control and Law Enforcement funds until the Department certifies that Colombia’s coca reduction strategy “is not in violation of the 2016 peace accord.”
As in past years, it adds human rights conditions holding up 20 percent of $38.525 million in one of the main military aid programs, Foreign Military Financing (FMF), until the Department certifies that Colombia’s justice system is holding gross human rights violators accountable; that the Colombian government is taking effective steps to protect social leaders and ethnic communities; and—in a new measure—that the Colombian government “has investigated and is taking steps to hold accountable” officials involved in illegal surveillance of civilians, “including the use of assets provided by the United States for combating counterterrorism and counternarcotics for such purposes.”
Two Amendments About Colombia
In addition, on July 21, the House passed its version of the 2021 Defense Authorization Act (NDAA), the annual bill making adjustments to the law underlying the Pentagon and the U.S. military, including budget guidelines. This is perhaps the only major bill likely to pass through both chambers and become law before the November election. The NDAA includes two amendments on Colombia.
The first, proposed by Rep. Jim McGovern (D-Massachusetts), requires the Secretary of State, working with the Secretary of Defense and the Director of National Intelligence, to submit a report assessing allegations, revealed by Revista Semana in January and May, that U.S. aid to Colombia has been misused for “unlawful surveillance or intelligence gathering directed at the civilian population, including human rights defenders, judicial personnel, journalists, and the political opposition.” That report must detail:
Any use of U.S.-provided assistance for such activities;
Colombian security forces’ involvement in illegal intelligence gathering between 2002 and 2018;
An assessment of the full extent of such activities, including identification of units involved, relevant chains of command, and the nature and objectives of such surveillance or intelligence gathering”;
Steps that U.S. diplomatic, defense, or intelligence agencies took to respond to misuse of assistance;
Steps that the Colombian government took in response to misuse of U.S. assistance; and
The adequacy of Colombian military and security doctrine and training for ensuring that intelligence operations are in accordance with human rights standards.
The second amendment, introduced by Rep. Alexandria Ocasio-Cortez (D-New York), places limits on U.S. support for aerial herbicide fumigation in coca-growing areas. Though it will probably not block any U.S. aid for aerial glyphosate spraying, it is noteworthy that a high-profile Congresswoman expresses concern about the issue. A spokesperson toldBusiness Insider that aerial fumigation was a destructive tactic of the US’s failed drug war. It negatively impacted the yield of many farmers and the public health of many Colombians.
The amendments prospered in significant part because of Rep. McGovern’s chairmanship of the Rules Committee, a powerful committee that meets each evening to approve (rule “in order”) amendments to be debated during the next day’s proceedings. Rep. McGovern is the member of the House who has most closely followed Colombia from a pro-peace and pro-human rights perspective. He toldBusiness Insider on July 27, “If it was up to me, I would end security assistance to Colombia right now. Those who are responsible for illegal acts ought to be held accountable … Clearly that doesn’t happen in Colombia.”
In the days following the amendments’ passage, McGovern appeared in numerous Colombian media outlets, includingEl Tiempo, El Espectador, andSemana. His message was quite critical of the current direction of U.S. policy, and voiced strong dismay at the Colombian military’s human rights abuses and the excesses of forced coca eradication undertaken by the Duque administration.
Two Incompatible Stances
It is clear that the Trump administration and the House have completely different priorities in Colombia today. The White House brings up record numbers of hectares of coca, and upholds Colombia as a partner and an ally in diplomatic efforts against Venezuela. In contrast, the House condemns slow implementation of the peace accord and the human rights abuses covered up by the Colombian government.
While Democrats are increasingly reluctant to accept these realities, very few Republicans today openly defend a militarized approach in Colombia. In the 1990s, a group of Republicans in Congress pressured the Clinton administration to increase military aid and fumigation in Colombia. In contrast, no Republican in Congress today advocates something similar with such force.
As a human rights advocate, I’ll give some credit to my own community: we are a solid group of experts and activists who have been working together since the 1990s to give higher priority to peace and human rights in U.S. policy toward Colombia. We have deep detailed knowledge, and a lot of institutional memory. Strategically minded donors have helped maintain this installed capacity, and when opportunity strikes, we can seize it.
What will happen in the next elections?
The next steps are in the Senate, where the 2021 State and Foreign Operations appropriations bill has yet to be drafted. There, the Appropriations Committee will probably reveal its bill after the August legislative recess. It will not become law before the November election. The NDAA, meanwhile, may pass after conciliation between the House version and the Senate version, which does not include the McGovern or Ocasio-Cortez amendments.
The Colombian government appears to have been blindsided by the House Democrats’ July barrage. We’ve seen an angry note from Ambassador Francisco Santos to some of the signers of the 94-person letter, repeating the Duque administration’s talking points—which leave out key information—defending its protection of social leaders and rejecting concerns about peace accord implementation.
That letter’s brusque tone indicates that the Duque government has decided to continue refraining from engaging the increasingly progressive Democrats. With public opinion running strongly in the Democrats’ favor 13 weeks before major elections, adhering mainly to the Republican Party seems like a strategic error.
Below you will find our latest list of human rights developments in Colombia requiring attention. We also invite you to read Protect Colombia’s Peace , a report written by the Latin America Working Group (LAWG), Washington Office on Latin America (WOLA) and 22 other international and local civil society organizations. Published on July 23, it outlines the current challenges of Colombia’s peace process, including: the obstacles to fully reintegrating ex-combatants, despite advances; the very partial implementation of the ethnic chapter and gender provisions; the increasingly dire situation of human rights defenders; the halting implementation of rural reforms; the return to drug policy solutions that are not sustainable and undermine the accords; and the impact of the Venezuelan refugee crisis on Colombia. Further, it outlines how the U.S. and international community can catalyze support for a sustainable peace by boldly encouraging compliance with the 2016 peace accords.
Key recommendations in the report advocate for U.S. aid and stronger diplomacy to call on the Colombian government to implement the peace accord’s ethnic chapter and gender provisions, ensure justice for the victims of the armed conflict, protect human rights defenders, advance sustainable drug policy and rural reforms to reach Colombia’s small farmers and Afro-Colombian and Indigenous communities, end abuses by the Colombian armed forces, and dismantle the paramilitary successor networks.
Unionist and Two Children of Leaders Killed (Bolívar) Three deaths were reported in El Carmen de Bolívar municipality on June 30. Union leader Ovidio Baena and two children of land claimants were killed in their homes over the weekend. Earlier this year, Colombia’s Ombudsman Office issued an official warning regarding the heightened risk paramilitaries in the region pose to these specific groups. The most prominent paramilitary is the Gaitanista Self-Defense Forces ( Autodefensas Gaitanistas de Colombia, AGC ). The AGC is targeting social leaders by sending threatening messages with a time and place to meet.
Social Leader Murdered (Chocó) On July 4, the social leader and educator Rubilio Papelito was murdered in the Bajo Baudó municipality. According to initial reports from community members, armed men entered Rubilio’s home and shot him. Indigenous leaders are calling on authorities to investigate the murder. Rubilio taught at the Santa María Birrinchao Educational Center.
Two Social Leaders Killed (Cauca) Paola del Carmen Mena Ortiz and Armando Suárez Rodríguez, members of the Afro Reborn Community Council ( Consejo Comunitario Afro Renacer ) in the El Tambo municipality, were killed on July 6. Council representative Tito Riascos reported the role of the Carlos Patiño front, dissidents of the Revolutionary Armed Forces of Colombia ( Fuerzas Armadas Revolucionarias de Colombia, FARC ). With these deaths, perpetrators have killed 67 social leaders in Cauca since January 2020 according to Indepaz reports .
Indigenous Leader Killed (Nariño) Rodrigo Salazar, alternate governor of the Piguambi Palangala reservation, was killed on July 9 in the Tumaco municipality. He was an adviser to the indigenous guard and granted protective measures by Colombia’s National Protection Unit.
Rural Farmer Killed (Cauca) María Victoria Valencia, a rural farmer from La Pedregosa, was murdered on July 14. Two individuals wearing masks and civilian clothes shot her five times. Community members placed her on a makeshift stretcher immediately after the perpetrators left the scene. Before she could be carried to a nearby medical center, the armed pair returned and shot her three more times.
Armed Groups Kill Indigenous Girl (Chocó) On July 17, women in the Indigenous Bureau of Chocó ( Mesa Indígena del Chocó ) denounced the murder of 9-year-old Luz Elena Cáizamo Rojas from the Geandó community. She died on July 16 after getting caught in the crossfire of armed groups. According to reports from community members, the armed conflict between the National Liberation Army ( Ejército Nacional de Liberación, ELN ) and Gaitanista Self-Defense Forces ( Autodefensas Gaitanistas de Colombia, AGC ) is escalating in the Chocó department. The Indigenous Bureau of Chocó urges the national government to fully implement the Peace Agreement and Ethnic Chapter. They also demand armed groups to respect international humanitarian law.
Humanitarian Crisis in the Catatumbo Region (North Santander) On July 11, the Commission for the Life, Reconciliation, and Peace of Catatumbo ( Comisión por la Vida, la Reconciliación y la Paz del Catatumbo ) released a statement on the region’s alarming human rights crisis. The civilian population continues to face stigmatization resulting in violence. Forced eradication operations exacerbate the community’s social and economic problems. Additionally, the Venezuelan crisis generates confinement for communities at the border. The Commission for the Life, Reconciliation, and Peace of Catatumbo denounced the murders of Carmen Ángel Angarita, president of El Hoyo village Community Action Board ( Junta de Acción Comunal, JAC ), and Salvador Jaime Durán, member of the Filo Guamo JAC. The group also reported the abduction of Juan Jesús Peinando Mora, president of the San Isidro JAC. In response to these human rights violations, they urge:
President Iván Duque to immediately cease forced eradication operations and meet with social organizations and communities to discuss the situation.
The National Government to comply with the ruling of the Administrative Court of Cundinamarca that suspends activities of U.S. troops.
For Juan Jesús Peinando Mora to be safely released and returned to his family.
The Office of the Attorney General to investigate the death of Salvador Jaime Duran, which is believed to be an extrajudicial killing.
Paramilitaries Kill Eight People (North Santander) On July 18, paramilitaries killed eight people in the Tibú municipality. Among the victims were members of the Farmer Association of Catatumbo (Asociación Campesina del Catatumbo, ASCAMCAT ) and the National Coordinator of Coca, Poppy, and Marihuana Growers ( Coordinadora Nacional de Cultivadores de Coca, Amapola, y Marihuana, COCCAM ). ASCAMCAT attributed the deaths to the “Los Rastrojos” group. They urge Colombia’s Ombudsman Office to investigate the situation.
Death Toll Rises of Patriotic March Members (Antioquia) Edier Lopera’s corpse was recovered on June 24 after being murdered by paramilitaries the prior week. Edier was a member of the Farmer Association of Bajo Cauca (Asociación Campesina del Bajo Cauca, ASOCBAC ). Following his death, the Patriotic March ( Marcha Patriotica ) political party denounced the increasing violence against social leaders and human rights defenders. 238 Patriotic March members have been killed since the group’s constitution in 2011. The Inter-American Commission on Human Rights (IACHR) granted precautionary measures for the party’s members in May of 2018. Since those measures, 68 members have been killed— 20 of those deaths took place this year. Patriotic March members also reported attacks, disappearances, intimidation, and theft of sensitive information by paramilitary groups.
Social Leader Killed (Cauca) Rural farmer and social leader José Gustavo Arcila Rivera was murdered on July 26. According to witnesses, an armed man entered his farm and shot him. José Gustavo was part of Corinto municipality’s Farmer Association. He also worked for the territory’s rural guard.
Armed Group Kills Three Rural Farmers (Córdoba) On July 27, the Mission to Support the Peace Process in Colombia of the Organization of American States (MAPP/OAS) reported the murder of 3 farmers and forced displacement of 60 families after a raid in San José de Uré. According to community members, several hooded men entered homes and stole valuable items. Orlando Benítez, governor of Córdoba, stated the ‘Los Caparros’ paramilitary group is responsible.
Possible Extrajudicial Killing (North Santander) On June 27, the Farmer Association of Catatumbo ( Asociación de Campesinos de Catatumbo, ASCAMCAT ) denounced the murder of Salvador Jaime Durán in Teorama municipalty’s Caño Totumo community. ASCAMCAT reports 6 members of the National Army are responsible for the murder. Salvador Jaime was a member of Filo Guamo Community Action Board ( Junta de Acción Comunal, JAC ). Public Ministry representatives are expected in the area to further investigate the situation.
Armed Group Targets Social Leader (Putumayo) Plans to assassinate social leader Jani Silva were uncovered on July 2. According to the Inter-Ecclesial Commission for Justice and Peace ( Comisión Intereclesial de Justicia y Paz, CIJP ), the armed group “La Mafia” is targeting Jani because of her work promoting the voluntary crops substitution program in the region. Earlier this year, Jani was also a target of the military intelligence espionage.
Ombudsman’s Office Issues Warning Over Armed Groups (Meta) June 19, the Ombudsman’s Office warned that FARC dissident factions seek to reinstate military power in the municipalities of Mesetas and La Uribe. Their control is established through targeted killings, anti-personnel mines, displacements, threats, and coercion of local leadership. These armed groups have managed to infiltrate several Community Action Boards ( Junta de Acción Comunal, JAC ).
Military Operation in Afro Colombian Community (Valle del Cauca) On June 23, around 90 members of the National Army and Technical Investigation Corps (CTI) arrived at the Guadualito village, ancestral territory of the Naya River Black Community Council. The organization Communities Building Peace in Colombia ( Comunidades Construyendo Paz en Colombia, CONPAZ ) and Caminos de Dignidad Association ( Asociación Étnica Caminos de Dignidad, ASOECAD ) report that the uniformed men assaulted community members and raided homes without judicial orders. The military claimed the commander of the Jaime Martinez Column, a FARC splinter group, was in the area. CONPAZ and ASOECAD denounced the military operation, stating that it goes against Law 70 of 1993 which granted Afro Colombians territorial rights to ancestral lands. Other regional protections include the precautionary measures granted by the Inter-American Commission on Human Rights (IACHR).
MOVICE Human Rights Defender Receives Death Threat (Sucre) On June 24, the National Movement of Victims of State Crimes ( Movimiento Nacional de Víctimas de Crímenes de Estado, MOVICE ) denounced the death threat against Sucre Chapter member Adil José Meléndez Márquez. Adil José is a human rights defender from San Onofre focused on land restitution and environmental protection. MOVICE believes he was targeted for speaking out against corruption in the department’s handling of the pandemic.
Afro-Colombian Social Leader Attacked (Cauca) On July 28, unidentified suspects threw a grenade outside the home of Yaneth Rivera Mosquera.
According to human rights defender and friend Luis Ernesto Olave, she is asking to be moved from the area for her safety. The social leader started receiving death threats the previous year after opposing the construction of the Popayan-Santander de Quilichao highway project. She is currently working to stop the recruitment of minors by armed groups.
Buenaventura City Hall Bombed by Hitmen (Valle del Cauca) On the evening of August 1, two hitmen threw an explosive device at the Buenaventura City Hall that targeted Mayor Victor Vidal. According to the Civic Strike Committee of Buenaventura, while no injuries were reported, the attack is an attempt to destabilize Mayor Vidal’s administration and occurred days after pleas for security measures from consistent threats. Vidal helped lead civic strikes in 2017, in which Buenaventura’s Afro-Colombian community demanded that the government provide basic healthcare, drinking water, and education. The Committee seeks adequate security measures and justice and accountability for the intellectual and material authors of the attack.
Afro-Colombian Leader Receives Death Threats (Bolívar) Henry Guizamano Vivas, delegate to the National Space for Prior Consultation of Black Communities ( Espacio Nacional de Comunidades Negras ), continues to receive death threats due to his work protecting the Swamp of the Virgin ( Ciénaga de la Virgen ) in Cartagena. He received a WhatsApp message threatening his life for giving a statement to El Tiempo newspaper on July 1.
Indigenous Leader Targeted (Meta) On July 12, a group of ten people entered the Naexal Lajt Reservation looking for Governor Hermes García. That previous week, four armed individuals detained a young man from the reservation and questioned him about the Governor’s place of residence. After contacting the Mapiripán police, Captain Castillo assured the leader a police motorcycle would patrol the reservation to guarantee his safety, beginning July 14.
Attack Against Indigenous Leader (Valle del Cauca) Colombia’s National Indigenous Organization ( Organización Nacional Indígena de Colombia, ONIC ) reported on July 22 that unidentified suspects set off an explosive outside the Kwe’sx Kiwe Nasa reservation home in the Jamundí municipality. Indigenous Governor Cristian Camilo Toconas, who was inside the building at the time of the attack, is unharmed. In the last two years, the Popular National Army (EPL), Dagoberto Ramos Mobile Column, and the Black Eagles ( Águilas Negras ) paramilitary group sent death threats to the leader. Before this latest attack, the Indigenous Organization of Valle del Cauca (Organización Regional Indígena del Valle del Cauca, ORIVAC ) received a letter threatening Governor Christian Camilo Toconas at its headquarters on June 17. The governor believes he is being targeted for speaking about the issue of illicit crops in the territories.
Peace Community Threatened by Paramilitaries (Antioquia) On July 22, the San José de Apartado Peace Community reported a series of incidents demonstrating paramilitary violence. These groups threatened social leaders in the region, implemented hunting fines of one million pesos, and violated quarantine protocol. The community also reports the murders of Mario Carmine Paciolla and Ernesto Aguilar Barrera. The same paramilitaries that killed Ernesto on July 18 entered the village of Totumito-Carboneras two hours later. They killed 6 farmers and displaced over 400 community members.
Threats Against Land Claimants (Antioquia) On July 23, the Forging Futures Foundation ( Fundación Forjando Futuros ) reported on the threats against rural farmers in the Turbo municipality. Flor del Monte property administrators are demanding 50% of the farmers’ lands. In the past two weeks, the administrators, accompanied by armed men, have threatened farmers in El Cedro and Tumaradocito communities to leave the property. The case is being reviewed by the First Civil Court of the Specialized Circuit for Land Restitution.
Colombia’s VP Rescinds Criminal Defamation Suit Against Insight Crime On July 24, Colombia’s Office of the Attorney General informed Insight Crime journalist Jeremy McDermott of a criminal defamation lawsuit filed against him by Vice President Marta Lucía Ramírez. The lawsuit cites his article published on May 29, 2020 that allegedly links the Vice President’s husband Álvaro Rincón with a suspected drug trafficker. According to the Committee to Protect Journalists (CPJ), Jeremy McDermott states his reporting never implicated the Vice President in any illegal activity and that he interviewed her for his investigation. If convicted, the journalist could face 16 to 54 months in prison, as well as a fine up to $375,000. Colombia’s Vice President later rescinded the suit after its announcement received push back from the international community and freedom of press organizations. While it is positive that the lawsuit was stopped, it is still unacceptable that journalists are intimidated in this fashion.
National Police Harass “March for Dignity” Protestors (Santander) A coalition of Colombian social organizations formed “March for Dignity” ( Marcha por la Dignidad de los Pueblos) to raise awareness on state abandonment in the territories, the murders of social leaders, and the precarious healthcare system. Protestors from the city of Barrancabermeja started the march to Bogotá on July 13. That same day, the National Police stopped the bus with protestors on four separate occasions. In each of those stops, police requested identification and took pictures of the protestors. March for Dignity denounced the actions of the National Police in a letter addressed to the Ombudsman’s Office, Office of the Inspector General of Colombia, and Presidential Adviser on Human Rights. The movement asks state institutions to respect the people’s right to protest.
Forced Eradication:
Communities Request Removal of Military Units (Putumayo) On July 1, more than 100 delegates from the Farmer Reserve Zone of the Amazonic Pearl ( Zona de Reserva Campesina de la Perla Amazónica, ZRCPA ) requested the removal of military units belonging to the 25th Jungle Brigade ( Brigada XXVII de Selva ). The military carried out forced eradication operations in the area despite the voluntary substitution pacts signed by over 400 ZRCPA families. The Inter-Ecclesial Commission for Justice and Peace ( Comisión Intereclesial de Justicia y Paz, CIJP ) reports that community members plan to remain in the area to disrupt forced eradication efforts.
Forced Eradication Disrupts Conservation Area (Putumayo) On the weekend of July 18, the National Police eradicated two hectares of coca crops belonging to families of the Kwe`sx Nasa Cxyuce community. The police camped out in a protected zone until July 21. They left a large amount of solid waste and cut down various trees in the area. In addition to ignoring the territorial autonomy of the Nasa People, community members state these actions violate Point 4 of the Peace Agreement.
Indigenous Boy Dies in Forced Eradication Operation (Putumayo) On July 20, 15-year-old José Oliver Maya Goyes was killed during a forced eradication operation led by the Public Force. The Inter-Ecclesial Commission for Justice and Peace ( Comisión Intereclesial de Justicia y Paz, CIJP ) reports that he died after being shot in the chest. José belonged to the Awá community in the Villagarzón municipality. This is the second death in the month of July resulting from forced eradication operations.
COVID-19:
Rural Communities Pen Open Letters to Armed Groups On June 27, the Inter-Ecclesial Commission for Justice and Peace ( Comisión Intereclesial de Justicia y Paz, CIJP ) published a series of letters from over 70 communities and social organizations across Colombia. The six letters are addressed to the armed group La Mafia , the Second Marquetalia , AGC combatants , ELN combatants , FARC dissidents , and President Iván Duque . In the letters, communities express their desire to stop the violence and reconstruct a new future. They ask the armed groups to adopt necessary measures to prevent the spread of COVID-19, which include refraining from entering their villages. Due to the coronavirus pandemic, they also encourage the groups to reconsider a Global Humanitarian Agreement. The letter recipients are invited to participate in dialogue on humanitarian issues.
Young Girl Dies After Trouble Accessing Healthcare (Chocó) On July 13, nine-year-old Escarlen Ávila died from a disease known as tabardillo . Escarlen and her six-year-old brother began experiencing a high fever, headaches, and abdominal pain on Saturday, July 11. Given the severity of their symptoms, they were transferred to the Nueva Esperanza de Dios Humanitarian Zone. The Inter-Ecclesial Commission for Justice and Peace ( Comisión Intereclesial de Justicia y Paz, CIJP ) reported that the lack of medication, along with the transportation difficulties due to the presence of armed groups, aggravated their conditions.
Indigenous Community Confined by COVID-19 and Armed Conflict (Chocó) The Wounaan Indigenous community near the San Juan River has faced a severe confinement situation since July 3 due to the COVID-19 pandemic and intensification of armed conflict. Food supply has decreased because of the difficulty in accessing the farms and rivers. It is also increasingly dangerous traveling to Buenaventura to buy products unavailable in the territories, which includes medical supplies. On July 16, 9-year-old Luz Elena Cáizamo Rojas was killed in the crossfire from armed groups. Faculty from the Lumen Gentium Catholic University Foundation ( Fundación Universitaria Católica Lumen Gentium, UNICATÓLICA ) released an urgent action letter on July 17 demanding protection for their Wounaan students and their communities. They urge the national government and international community to attend to the humanitarian situation in the territories. Additionally, they request an investigation into the murder of Luz Elena Cáizamo Rojas.
Anti-Union Measures Amidst Coronavirus Pandemic (Magdalena) On July 29, the National Union Coordinator of La Cut in La Palma Industry ( Coordinadora Nacional de Sindicatos de La Cut en la Industria de La Palma) denounced Gradesa S.A.’s violation of COVID-19 safety protocols. According to the industry’s unions, the company’s administration is not doing enough to stop the contagion, putting workers and Ciénaga residents at risk. Some of the managers of Sintraimagra Union faced disciplinary hearings for speaking against the administration. Workers urge local and national health authorities to intervene and guarantee the community’s safety. They also call on the Ministry of Labor to guarantee the rights of workers.
Peace Process:
Missing Ex-Combatant (Nariño) On July 4, James Andrés Montaño Esterilla was reported missing by the Association of Afro Amazon Community Councils of the San Miguel River in Ipiales-Nariño ( Asociación de Consejos Comunitarios Afro-Amazónicos de las Riveras del Río San Miguel de Ipiales-Nariño, ASOCCAFRAIN ). James Andrés is a member of the Nueva Esperanza Community Council. He was last seen traveling through the San Miguel River on July 2. The Community Council began search efforts the following day. They found the sunken boat, as well as the ex-combatant’s jacket and bag on the river bank.
Ex-Combatant Murdered (Nariño) On July 7, the Putumayo, Piamonte Cauca, and Cofanía Jardines de Sucumbíos Ipiales-Nariño Human Rights Network ( Red de Derechos Humanos del Putumayo, Piamonte Cauca y Cofanía Jardines de Sucumbíos de Ipiales-Nariño ) reported that James Andrés Montaño Esterilla’s body was found on the San Miguel River bank. Community members discovered a gunshot wound in his head. James Andrés was last seen traveling through the San Miguel River on July 2 . The departmental Human Rights Network states authorities at the national and regional level did not respond to the community’s request to activate an urgent search mechanism after he was reported missing on July 4. James Andrés, member of the Nueva Esperanza Community Council, was in the process of reincorporation.
Ethnic Commission Addresses Human Rights Situation On July 10, the Ethnic Commission for Peace and the Defense of Territorial Rights ( Comisión Étnica Para La Paz Y La Defensa De Los Derechos Territoriales ) released a statement echoing the comments Monsignor Darío Monsalve made about the human rights situation in Colombia. The Ethnic Commission explains the territories continue to suffer from armed conflict. They have referred to the current situation as a genocide, which has worsened with the state’s handling of the coronavirus pandemic. The group invites the Cardinal Secretary of State to support the initiatives of bishops such as Monsignor Darío Monsalve defending the peace process. The Ethnic Commission also urge the national government to fully implement the entirety of the Peace Accord, including the Ethnic Chapter.
Petition Supporting Truth Commission (Cundinamarca) A petition letter with 3,166 signatures from individuals and organizations supporting Colombia’s Truth Commission was published on July 17. As part of Colombia’s transitional justice system, the Truth, Coexistence, and Non-Repetition Commission began operating in November 2018. The letter encourages the commission to continue its work listening to victims of the armed conflict. It also seeks to prevent the mistreatment and politicization of the peace process.
Truth Commission Receives Over 6,000 False Positive Cases On July 22, the Committee on Extrajudicial Killings presented two databases detailing 6,912 potential false positive cases to the Truth Commission. 15 social organizations documented the cases dating from 1990 to 2015. Most of these cases were concentrated in the Antioquia and Meta departments, and 5,763 of them occurred between 2002 and 2010. According to Alberto Yepes of the Colombia-Europe-United States Coordination ( Coordinación Colombia-Europa-Estados Unidos, CCEEU ), the committee asks the Truth Commission to clarify the motivations behind the strategies that allowed these acts to be committed. If the commission finds the state responsible, the organizations hope institutional responsibility can be established.
Organizations Denounce Politicization of Truth Commission (Cundinamarca) On July 29, the National Movement of Victims of State Crimes ( Movimiento Nacional de Víctimas de Crímenes de Estado, MOVICE ) and the Colombia-Europe-United States Coordination ( Coordinación Colombia-Europa-Estados Unidos, CCEEU ) denounced attempts to politicize the Truth Commission. Commissioner Carlos Guillermo Ospina, a representative of the military, uses social media to deny the reality of extrajudicial killings known as “false positives.” Internal debates of the Truth Commission are being aired on social networks, a breach in confidentiality. MOVICE and CCEEU urge the Commission and its members to remain faithful to its clarification mandate by acknowledging the state’s responsibility.
Other items of interest:
Legal Case Could Lead to New Protections for Human Rights Defenders (Cundinamarca) On July 9, the Inter-American Commission on Human Rights (IACHR) presented Case 12.380 on the situation of the José Alvear Restrepo Collective Lawyers Corporation (CAJAR) members to the Inter-American Court. This litigation originated in 2001 when the Center for Justice and International Law (CEJIL) and CAJAR filed a complaint regarding the stigmatization, harassment, threats, violence, exile, and surveillance carried out against CAJAR members. The Court now has an opportunity to address the shortcomings of state institutions in protecting human rights defenders and to discuss the protection guarantees needed for them to continue their work.
Civil Society Endorse Human Rights Ombudsman Candidates (Cundinamarca) Colombia’s House of Representatives is set to elect the nation’s new Ombudsman from a shortlist presented by President Iván Duque. On July 21, the “Defendamos la Defensoría” campaign circulated a petition letter addressed to the President. This letter encourages the President to select candidates that possess the necessary merits, as well as expert knowledge in the field of human rights. It also provides a list of 22 candidates, who not only meet these requirements but are also recognized by civil society and human rights organizations.
Community Calls Out Institutional Racism in Bogotá (Cundinamarca) On July 29, the Black, Afro-Colombian, Raizal and Palenquero people of Bogotá called on the City Council and community to join efforts and take to the streets. This comes a month after the signing of the District Development Plan. According to the communities, Horacio Guerrero, head of ethnic issues for Bogota’s mayor’s office, ignores representatives’ input. The call to protest states that the City Council is implementing measures harmful to the communities. They request a dialogue with the representation of Black, Afro-Colombian, Raizal, and Palenquero people for development plans.
Venezuelan Sex Workers Killed (Cauca) On July 20, two Venezuelan sex workers in Cauca’s Buenos Aires municipality were shot dead. The victims were identified as 24-year-old María José Hernández Márquez and 22-year-old Yanexi Carolina Lugo Brocha. They were taken from the Caldono municipality in a white truck. The Jaime Martinez Column is known to be active in the region. So far this year, the number of women murdered in Cauca is 45.
Washington, D.C.—In response to news that Colombia’s Supreme Court ordered that former president Álvaro Uribe be held under house arrest, in connection to allegations of witness tampering, WOLA Director for the Andes Gimena Sánchez-Garzoli issued the following quote:
“Uribe has always been one degree of separation from crimes against humanity and unaccountable, authoritarian behavior. Despite massive circumstantial evidence, others have always taken the fall for the DAS intel scandal, the parapolitics scandal, links to paramilitaries on the U.S. terrorism list, false positive killings, paramilitary massacres, and violence against Afro-Colombian and Indigenous peoples. This case involves the ex-president’s lawyers making payoffs to ex-paramilitary witnesses, so they might alter their testimonies and falsely incriminate a political adversary. We hope that it begins the process of peeling off Álvaro Uribe’s Teflon vest so that all the victims of these crimes can finally have justice.”
“This sends a strong message that no one is above the rule of law in Colombia,” said Adam Isacson, Director for Defense Oversight at WOLA. “These kinds of sensitive investigations, implicating some of Colombia’s most powerful political elites, are only advancing in the first place thanks to the courageous work of human rights defenders, journalists, justice officials, and other reformers who are fighting every day to uncover the truth of what happened during Colombia’s conflict. As the legal processes involving Uribe continue, it is critical that state officials respect and uphold the independence of Colombia’s courts and justice system.”
Four years after the signing of the peace accord between the Colombian government and the Revolutionary Armed Forces of Colombia (FARC), a new era of conflict plagues the Pacific department of Chocó. Illegal armed groups continue to viciously contest territorial control, inflicting violence and forcibly displacing Afro-Colombian and Indigenous communities. The groups are interested in controlling this biodiverse area rich in minerals including gold. Artisanal mining by Afro-Colombians is a practice started since the time enslaved Africans were exploited and forced to work the mines. This practice takes into account Afro-descendants’ cosmology of environmental preservation and sustainable practices.
In their new book The Price of Gold, Steve Cagan and Mary Kelsey describe how these practices were changed once mechanized mining was introduced to Chocó. While traditional panning for gold minimally affects rivers and forests, mechanized machines and the use of toxic chemicals are creating grave environmental, health, and social damage. In their book, Cagan and Kelsey present an in-depth view of Afro-Colombians’ ancestral mining process and how this cultural practice was integrated into their daily lives. They discuss the impact that widespread mechanized mining is having in these communities and offer testimonials of persons who are fighting for the rights of these communities and the environment.
On Monday, August 3 please join us for a presentation by Steve Cagan and Mary Kelsey about their book The Price of Gold: The Cost of Mechanized Mining in Chocó, Colombia. The event will be moderated by WOLA Director for the Andes Gimena Sánchez-Garzoli.
Steve Cagan has been working closely with the Catholic Diocese of Quibdó, federations of Afro-Colombian and Indigenous communities, and Colombian and international NGOs in Chocó, Colombia since 2003. His photographs and writing on issues facing the communities there have been exhibited and widely used in publications on social and environmental consequences of gold mining on four continents. Since the mid-1970s, he has been practicing what he prefers to call activist photography. He’s most concerned with exploring strength and dignity in everyday struggles of grassroots people resisting pressures and problems.
Mary Kelsey has exhibited paintings in New York and other cities, and published drawings and paintings with academic, environmental and other organizations in the United States, Honduras, Guatemala, and Colombia. Her art addresses the interface of cultural and natural systems. She was awarded a Fulbright research grant in Costa Rica for her project, “Drawings and photographs: communities, rain forest conservation and sustainable development,” and subsequently returned as a USIA cultural advisor to Honduras, where she worked with teachers and local artists to create the first illustrated school primer in the Miskito language.
Gimena Sánchez-Garzoli is the Director for the Andes at the Washington Office on Latin America (WOLA), where she advocates for the human and territorial rights of Colombia’s Afro-Colombian and indigenous communities, among others. She fell in love with Colombia due to the abundant natural beauty of the Pacific region in 1999. Since then, she’s worked in partnership with ethnic activists to advance peace, protect their rights and preserve their biodiverse areas.
The event will be conducted in English, with Spanish translation available.
