Author: Adam Isacson

January 14, 2020

  • In Puerto Guzmán, Putumayo, Jordan Tovar becomes the 17th social leader murdered in Colombia during the first 14 days of 2020.
  • A statement from the UN High Commissioner for Human Rights offers grim numbers, which contradict the Colombian Presidency’s earlier claims of a 25 percent reduction in social leader killings during 2019. The UN agency’s 2020 count is smaller because it doesn’t count fully verified killings.

We are deeply troubled by the staggering number of human rights defenders killed in Colombia during 2019. According to our records, 107 activists were killed last year, and our staff in Colombia are still in the process of verifying 13 additional cases reported during 2019 which, if confirmed, would raise the annual total to 120 killings. Attacks on human rights defenders had already intensified during 2018, when 115 killings were confirmed by the UN Human Rights Office in Colombia. And this terrible trend is showing no let-up in 2020, with at least 10 human rights defenders already reportedly killed during the first 13 days of January.

Tags: Attacks on social leaders, UN

January 14, 2020

January 13, 2020

  • UN Verification Mission Head Carlos Ruiz Massieu presents the Mission’s latest findings to the UN Security Council. “It is urgent,” Ruiz Massieu says, that the parties establish and implement “a public policy to dismantle illegal armed groups, criminal structures and their support networks through the National Commission on Security Guarantees,” as foreseen in the peace accord.

Tags: Attacks on social leaders, National Security Guarantees Commission, UN, UN Verification Mission

January 13, 2020

January 12, 2020

  • A cover story in the Colombian weekly Semana reveals that Army intelligence units have been illegally intercepting the communications of, following, and threatening high-court judges, opposition politicians, human rights defenders, and journalists—including Semana reporters investigating military human rights and corruption allegations. Those being followed and intimidated include Army officers who had been providing information to investigators about these allegations.
  • The magazine speculates that revelations about the illegal intelligence operation—the product of a dramatic judicial police raid on Army intelligence facilities in mid-December—forced the late-December exit of the Army’s chief, Gen. Nicacio Martínez. Gen. Martínez denies that he retired for this reason, blaming “retaliation” from elsewhere in the army “for denouncing and preventing corrupt acts.”
  • Semana hints that Army personnel were passing information from intercepted communications to a legislator in the government’s party, the Democratic Center. Much speculation centers on Senator Álvaro Uribe, who was embroiled in a wiretapping scandal during the latter years of his 2002-2010 presidency. One of those being wiretapped is a Supreme Court justice in charge of a case against the former president, who is under investigation for witness tampering. 
  • Supreme Court President Álvaro García calls for a special investigation.
  • The Inter-American Human Rights Commission expresses “deep concern” about the revelations.

Tags: Army, Civil-Military Relations, Inter-American System, Justice System, Military and Human Rights

January 12, 2020

January 12, 2020

  • National Police Chief Gen. Óscar Atehortua claims that his forces foiled a plot by two former FARC combatants to assassinate maximum FARC party leader Rodrigo Londoño. Police killed the two alleged assailants in Quindío department, apparently in self-defense, near where Londoño was vacationing. Gen. Atehortua, Interior Minister Nancy Patricia Gutiérrez, and National Protection Unit Director Pablo Elías González visited Londoño to tell him about the operation. They cited information that the two would-be assailants may have been sent by the FARC dissident faction led by former top leader and negotiator Iván Márquez.
  • “I’m here talking to you thanks to the Police and Army of Colombia, who were always guarding my life and frustrated the assassination,” Londoño tells a Quindío newspaper.
  • A top member of that faction, Henry Castellanos alias “Romaña,” denies on his Facebook page that the Márquez faction had anything to do with a plot against Londoño.
  • Security analyst León Valencia tells El Tiempo, “I believe there is much resentment, and one can see it, within the FARC, but I find it hard to believe the the first one they would confront would be Timochenko [Londoño].”
  • The girlfriend of one of the dead alleged hitmen cast doubt on the official story by sharing with prosecutors a WhatsApp message from him, minutes before he died, reading “My love, I’ll write you back, the Police just arrived.”

Tags: Dissident Groups, Protection of Excombatants

January 12, 2020

January 11, 2020

  • Visiting Bojayá, Chocó, President Duque promises to increase military presence and social investment in the battered municipality.
  • That day, Bojayá social leader Leyner Palacios, who had met with President Duque three days before, receives a truculent letter from the commander of the Titan Joint Task Force, a Chocó-based military unit. Palacios had denounced episodes of collusion between members of the security forces and Gulf Clan paramilitaries. In what he calls a “freedom of information request,” Commander Darío Fernando Cardona Castrillón asks Palacios to provide “names or surnames of the security-force members, and the place and date during which such illegal acts were committed, so that respective investigations may be initiated.”

Tags: Afro-Descendant Communities, Armed Groups, Army, Chocó, Civil-Military Relations, Gulf Clan, Military and Human Rights, Stabilization

January 11, 2020

January 10, 2020

  • The ELN attacks an Air Force base in Yopal, Casanare, launching homemade explosives from a truck. One explosive lands near women’s barracks, wounding an enlisted woman. It is one of the first times the group has attacked an Air Force target, and Yopal is considered to be outside the ELN’s zone of influence.

Tags: Armed Groups, Casanare, ELN

January 10, 2020

January 9, 2020

  • President Duque “reiterates that behind the killings of social leaders are narcotrafficking, illegal mineral mining, and organized armed groups,” according to the Presidency. This contrasts with human rights defenders’ claims that powerful local economic and political actors are behind at least some of the killings. Duque claims that social-leader killings declined by 25 per cent, a figure that human rights groups vigorously dispute.

Tags: Attacks on social leaders

January 9, 2020

Notes on the Colombian Government’s Draft Decree to Restart Coca Fumigation

A National Police OV-10 plane sprays herbicides over a coca field in Colombia. [AP/WWP file photo]
Image from the State Department’s website.

On December 30 Colombia’s Ministry of Justice issued a draft decree that would allow it to re-start a U.S.-backed program of aerial herbicide fumigation in coca-growing zones. This program used aircraft to spray more than 4.4 million acres of Colombian territory between 1994 and 2015.

In 2015, a UN World Health Organization literature review found that glyphosate, the herbicide used in the program, was “probably carcinogenic to humans.” In 2018 and 2019, two California juries gave large awards to three U.S. plaintiffs who claimed a link between heavy use of glyphosate and cancer, particularly non-Hodgkin’s lymphoma. The government of Juan Manuel Santos suspended the coca spraying program in late 2015, but took years before replacing it with any other effort, like alternative livelihoods or manual eradication. As a result of this and other factors, coca cultivation increased dramatically in Colombia. By 2017, more than 119,500 families were making a living off of the crop.

Now, the government of Iván Duque is bringing fumigation back. The U.S. Department of State quickly put out a brief statement celebrating Colombia’s decision.

The decree is 20 pages long, and lays out some of the review, consultation, and complaint processes that should apply to a renewed fumigation program. We’d been expecting this document since July 18, 2019, when Colombia’s Constitutional Court issued a ruling, modifying a 2017 decision, softening the requirements that the government would have to fulfill in order to start fumigating again.

What happens next?

The draft decree is now undergoing a 30-day citizen comment period. Then, it will go to Colombia’s National Drug Policy Council (Consejo Nacional de Estupefacientes), a grouping of ministers, the police chief, the chief prosecutor, and the inspector-general, which must then vote to re-start the program. That vote probably won’t happen until at least March or April. The Colombian journalism website La Silla Vacía sees the process going on for months more:

Several more steps await: that the final decree be issued; that the Defense Ministry formally present a spray program, adjusting to this decree’s requirements, before the National Drug Policy Council; that this Council approves it; and that the Ministry obtains an environmental license for that program. All of that will take several months, and probably most of the year.

The Court’s requirements

Though it loosened restrictions on a new spray program, the Constitutional Court still requires that:

  • The regulations governing spraying come from a different agency than the one charged with spraying.
  • The regulation must be based on an evaluation of health, environmental, and other risks. That evaluation must be “participatory and technically sound,” and must happen continuously.
  • Newly emerged risks or complaints must receive automatic review.
  • Scientific evaluations of risk must be rigorous, impartial, and of high quality.
  • Complaints about health, environmental, or legal crop damage must be processed in a “comprehensive, independent, and impartial” way that is “tied to the risk evaluation.”
  • “Objective and conclusive” evidence must demonstrate “absence of damage to health and the environment,” though the Court says that absence doesn’t need to be total.

Limits on spraying

The draft decree excludes from aerial spraying “natural parks of Colombia, whether national or regional; strategic ecosystems like páramos, wetlands as defined by the Ramsar convention and mangroves; populated centers; settlements of populations; and bodies of water.” According to Colombia’s Semana magazine, “researchers consulted…calculate that 70 percent of illicit crops are located in territories where aerial fumigations aren’t viable” under the decree’s definitions because “they are protected zones, because prior consultation is required, or because they are out of the planes’ reach for logistical reasons.”

Oversight, evaluation, and complaints

As in the past, Colombia’s National Police Anti-Narcotics Directorate, a heavy recipient of U.S. assistance, would manage the new spray program. The draft decree gives crucial oversight and approval responsibilities to three small agencies elsewhere within the Colombian government.

  • The Colombian Agricultural Institute (ICA), within the Agriculture Ministry, will be charged with processing and adjudicating complaints about the inadvertent spraying of legal crops. It must do so within 15 days, though the decree allows very wide latitude for postponements. (During the past spray program, people whose legal crops suffered damage from fumigation had to go to the Anti-Narcotics Police, which approved only a small single-digit percentage of compensations. Police usually responded that “we didn’t spray there that day,” “there was coca mixed in with the legal crops”—which many farmers denied, or “the zone is too insecure to evaluate the alleged damage.”)
  • The National Environmental Licensing Agency (ANLA), an Environment Ministry entity established in 2011, will approve aerial eradication projects, perform initial studies, and monitor their environmental impact, while processing complaints about environmental damage.
  • The the National Health Institute (INS), an entity within the Health Ministry, will monitor the human health impact of aerial eradication, carrying out continual evaluation of health risks, while processing health complaints.

These agencies seem quite small, with sporadically updated websites. In some cases they will have to depend on the National Police for logistical support necessary to perform their oversight work. Their capacity to handle a large docket of complaints and monitoring requests is far from assured.

Participation and consultation

The decree states that the Anti-Narcotics Police must “announce to local and regional authorities, as well as to the citizenry in general, the initiation of spray activities.” This announcement must explain complaint and evaluation mechanisms, and use local media. After spraying in an area, the Narcotics Police must “guarantee participation spaces with local authorities and with the citizenry in general, in which comments, complaints, and suggestions may be expressed.” Conclusions of these “participation spaces” will be included in the Anti-Narcotics Police’s monthly report to the ANLA.

What the peace accord says

Semana notes that the Constitutional Court had “immovably” required the Colombian government to build a spraying policy “that complies with what was established by the FARC peace accord,” adding that “the expression ‘peace accord’ isn’t mentioned even once in the decree’s text.” The peace accord (section 4.1.3.2) limits aerial spraying only to cases in which communities have not agreed to crop substitution, and where manual eradication is “not possible.”

In cases where there is no agreement with the communities, the Government will proceed to remove the crops used for illicit purposes, prioritising manual removal where possible, bearing in mind respect for human rights, the environment, health and well-being. If substitution is not possible, the Government does not waive the instruments that it believes to be most effective, including aerial spraying to ensure the eradication of crops used for illicit purposes. The FARC-EP consider that in any case of removal this must be effected manually.

Tags: Coca, Illicit Crop Eradication

January 8, 2020

Detoxifying Colombia’s drug policy: Colombia’s counternarcotics options and their impact on peace and state building

Published by the Brookings Institution on January 8, 2020.

Vanda Felbab-Brown analyzes Colombia’s options for reducing the size of its coca crop, and concludes, “The most effective policy to sustainably reduce illicit crops would deliver robust assistance before demanding eradication.”

Tags: Coca, Cocaine, Drug Policy, Illicit Crop Eradication, Stabilization

January 8, 2020

January 8, 2020

  • President Duque meets with UN Verification Mission Head Carlos Ruiz Massieu to go over the Mission’s findings, as documented in the Secretary-General’s latest report to the Security Council. Duque calls on the Mission to extend its mandate to 2022. It is currently set to expire at the end of 2020.
  • Ruiz Massieu says that although “very important advances” had been made in the accord’s implementation, it faced “great challenges.”
  • A FARC communiqué rejects President Duque’s claims, following his meeting with Ruiz Massieu, that the government has made significant advances in implementing the peace accord. The process “is going through a critical moment,” according to the ex-guerrillas, who called on the UN verification to exercise “greater neutrality.” The FARC called out the government for referring at all moments to its own “peace with legality” policy instead of to the peace accord.
Photo source: Colombian Presidency

Tags: Compliance with Commitments, Politics of Peace, UN, UN Verification Mission

January 8, 2020

January 8, 2020

  • Amid reports of 23 homicides of social leaders in December, a large-scale “Gulf Clan” paramilitary incursion in Bojayá, Chocó, and the murder of human rights defender Gloria Ocampo in Putumayo, the Presidency convenes a rare meeting of the National Security Guarantees Commission that was established by the peace accord.
  • Bojayá social leader Leyner Palacios, who denounced serious recent threats on his life, is invited to join the Commission’s meeting. Palacios is known nationally as a survivor of the 2002 FARC indiscriminate bombing that destroyed the village’s church, killing 79 people—including 5 of Palacios’s relatives—seeking refuge inside.
  • High Commissioner for Peace Miguel Ceballos voices doubt that 300 Gulf Clan members could be deployed all at once in Bojayá, as local groups have denounced.
Photo source: David Romo, Colombian Presidency
Photo source: David Romo, Colombian Presidency

Tags: Afro-Descendant Communities, Armed Groups, Attacks on social leaders, Gulf Clan, High Commissioner for Peace, National Security Guarantees Commission

January 8, 2020

Lecture: “Saving Colombia’s Fragile Peace”

WOLA’s Adam Isacson was at Florida State University on October 30, 2019 delivering a Broad International Lecture on Colombia’s conflict and peace accord implementation.

It’s a recent iteration of Adam’s “Colombia 101” talk, covering the conflict, U.S. policy, Plan Colombia, the peace process, and today’s security challenges. It’s 55 minutes plus questions and answers.

The staff at FSU did a great job of integrating dozens of slides into the video, and the sound and lighting are very good. We’re grateful to them for sharing this.

Tags: Armed Groups, Compliance with Commitments, Stabilization, U.S. Policy

January 3, 2020

Control de los riesgos para la salud y el medio ambiente en el marco de la erradicación de cultivos ilícitos mediante el método de aspersión aérea

Publicado por el Ministerio de Justicia de Colombia el 30 de diciembre de 2019.

The Colombian government’s draft decree laying out the functioning of a re-initiated aerial herbicide spraying program in coca-growing areas, and how the government would satisfy the Constitutional Court’s restrictions on that program.

Tags: Coca, Drug Policy, Illicit Crop Eradication

December 30, 2019

WOLA Podcast: Protest and Politics in Post-Conflict Colombia

WOLA’s Defense Oversight Director Adam Isacson talks about Colombia with WOLA Andes Program Director Gimena Sánchez-Garzoli. She explains Colombia’s four-week-old wave of social protests, the continuing challenge of peace accord implementation, and efforts to protect social leaders. Isacson and Sánchez-Garzoli talk about what they saw and heard during October field research in the historically conflictive, and still very tense, regions of Arauca and Chocó.

(mp3 download)

Tags: Arauca, Attacks on social leaders, Audio, Chocó, Human Rights, Podcast, Politics of Peace

December 17, 2019

The Colombian Army’s Very Bad Year

Here’s an English translation of a column WOLA’s Adam Isacson wrote for the Colombian political analysis website Razón Pública, which it posted today. It voices strong concerns about Colombia’s military, especially its army, which has been showing signs of institutional backsliding all year.

The Colombian Army’s Very Bad Year

Adam Isacson, Director for Defense Oversight, Washington Office on Latin America

The ties between the U.S. government and Colombia’s armed forces “are like the heart of this [bilateral]  relationship,” said outgoing U.S. ambassador Kevin Whitaker, in his last interview with the Colombian daily El Tiempo. “They are very dear to us and very professional. There are elements of the Police and the Armed Forces that have a 21st-century character and are among the best in the world.”

Let’s leave aside how troubling it is that an ambassador in any country might say that the military relationship is more central than the diplomatic, commercial, or cultural relationships. Is the latter part of Whitaker’s statement true? Have Colombia’s armed forces—especially its army, which makes up 84 percent of all military personnel—become a professional twenty-first century force, among the world’s elite?

For much of this decade, Colombia’s military seemed to be headed in that direction. Accusations of extrajudicial executions and other serious human rights violations plummeted after 2008. High-ranking officers participated honorably in the peace talks with the FARC, and about 2,000 current and former soldiers agreed to participate in the Special Jurisdiction for Peace. The armed forces developed a forward-looking new doctrine as they sought to adapt to a future, for the first time in decades, without a large-scale national-level insurgency. NATO agreed to include Colombia as a “global partner.” A new, post-“false positives” generation of mid-level officers, with years of training in much-improved military colleges, appeared to place a much higher value on human rights, international humanitarian law, and measuring results through territorial legitimacy. While some concerns persisted, especially allegations of espionage against participants in the peace process, the overall trajectory had been positive. 

Then came 2019, which has been an annus horribilis for Colombia’s Army. The high command that new President Iván Duque put into place came under immediate attack from human rights groups for their past proximity to “false positive” killings a decade earlier. The ultraconservative new defense minister made repeated statements minimizing the severity of killings of social leaders and calling for crackdowns on social protests. And then, scandals started to hit.

On May 18, the New York Times revealed that, at the beginning of the year, the Army’s new high command had taken a leap backward in time, bringing back “body counts” as a principal measure of commanders’ effectiveness. After years of seeking to measure progress by measures of security and state presence in territories from which government had long been absent, the new commanders decided to seek something simpler. Unit commanders were instead required to sign forms committing themselves to a doubling of “afectaciones”—armed-group members killed or captured—in their areas of operations. While this signaled a return to a long-discredited territorial stabilization strategy, it also raised major human rights concerns about creating incentives for “false positives.” Already, Colombian media had been gathering reports about increased abuses, and abusive behavior, at the hands of military personnel in 2019.

July saw the Army buffeted by corruption scandals, including selling permits to carry weapons and misuse of funds meant for fuel and other needs. The scandals, mostly revealed by Semana magazine, have so far led to the firing of five Army generals, one of them imprisoned, and the jailing of nine more soldiers. One of the generals fired under a cloud of corruption allegations was the Army’s number-two commander, Gen. Adelmo Fajardo. Semana columnist María Jimena Duzán, meanwhile, revealed that Gen. Fajardo allegedly arranged to have his favored staff sergeants approved for officer training, even though they were not the most qualified candidates.

Non-commissioned officers, “the base of the Army, are furious,” Duzán reported. “There is a sense that too many generals are occupied more with benefiting from the perks of power than with serving the country, and that good soldiers and good officers are being left without power in the hierarchy, defeated not by a strategic enemy, but because they don’t want to participate in the feast of corruption.”

Duzán reveals something important here. The scandals that have buffeted Colombia’s Army this year have not originated from the work of human rights defenders or reporters. In all cases, the source of the information has been outraged members of the Army. That is new. Fifteen or twenty years ago, when the Army stood accused of working with paramilitary groups or committing extrajudicial executions, the sources were almost always victims, witnesses, or prosecutorial investigators. Now, the chief source is whistleblowers from within the institution: officers and soldiers who love the Army, believe that it has made important progress, and are deeply worried about the direction it is taking under current leadership.

On the other side is the “old guard,” at times allied with powerful retired officers, who opposed peace negotiations, resisted recent reforms, and who apparently believe that the key to victory is to lift commanders from the apparent burdens of accountability. Emblematic of that attitude is a January quote, revealed by Semana, and attributed to Gen. Diego Villegas, the commander of the military task force responsible for the conflictive Catatumbo region:

The Army of speaking English, of protocols, of human rights is over. What we have to do here is takedowns. And if we have to ally ourselves with the Pelusos [the EPL guerrillas] we will ally with them—we already talk to them—in order to fight the ELN. If we need to carry out hits, we’ll be hitmen, and if the problem is money, then there’s money for that.

We must hope that this quote is false, or at least that the number of “old guard” officers who really think this way is small. We must also hope that the high command—Defense Minister Guillermo Botero, Army Chief Gen. Nicacio Martínez—is not inclined toward the “old guard.” If they are, and if this faction is large, then Ambassador Whitaker’s sunny portrayal of today’s Colombian military is a sad caricature.

The high command’s handling of these scandals gives us even greater reason for worry. Instead of pledging to clean house, protect whistleblowers, and demand the most honorable behavior of all officers, the Army’s counter-intelligence apparatus has been deployed on an internal campaign of polygraphs, surveillance, and interrogations to identify those who have leaked to the press. Gen. Martínez, the army chief, has denied knowledge of what Semana calls “Operación Silencio,” but the Procuraduría has unearthed evidence that his denials are false: that the General in fact ordered the witch hunt. The Army’s botched damage control effort has done harm to the institution’s credibility at a critical moment.

And this is a critical moment. The number of armed groups, and armed group members, continues to proliferate in regions of former FARC influence. Homicides increased for the first time in six years in 2018, and if they are slightly down in 2019, as a new report from the Bogotá-based Peace and Reconciliation Foundation points out, it is only because criminal groups have secured dominance in some zones, or made accords with competitors in other zones. If Colombia’s security forces were achieving important security gains, it is likely that public opinion would overlook some of these scandals. But they are not making gains. “We see a paralysis of the military forces with regard to security at the territorial level,” the Foundation’s Ariel Ávila noted, citing ongoing scandals and strategic drift under President Duque and Defense Minister Botero.

Much can be done about this, immediately. While the Duque/Uribe government will always have a conservative high command, it is possible for that high command to be simultaneously conservative, competent, and institutionally forward-looking. Such officers must be identified and promoted.

It is meanwhile imperative that whistleblowers within the armed forces be given maximum protections. They are our best source of “early warning” about the institution’s direction. Colombia’s Congress, courts, and Public Ministry must maintain their protection from retaliation as a high priority.

And finally, the U.S. government, the Colombian Army’s most important international counterpart, must do more than just sing the Army’s praises. It must keep its eyes wide open and voice concerns about backsliding, whether publicly or privately, in strong terms. The U.S. Congress must maintain conditions in foreign aid law that freeze some assistance pending progress on human rights. These are the best ways to ensure that Colombia’s armed forces can once again move toward Ambassador Whitaker’s idealistic description of them.

Tags: Civil-Military Relations

September 2, 2019