Updates from WOLA tagged “Human Rights”

Blog entries, commentaries, and statements from WOLA’s Colombia team

What we know about the March 28, 2022 military raid in Putumayo, Colombia

April 14, 2022

What happened?

The Guardian called it a “botched army raid.” An Indigenous group called it a “massacre.” The commander of Colombia’s army insisted that it took place “with strictest observance of human rights and international humanitarian law.”

Early on the morning of March 28, dozens of people were gathered in a communal space in the town of Alto Remanso, near the Ecuador border in Colombia’s southern department of Putumayo. They had been partying all night, the ground littered with beer cans. Speakers were still blasting music. It was the third day of a community “bazaar,” a festival to raise money to pave a nearby stretch of dirt road.

Just after 7:00 AM, shots rang out. Community members say that men dressed in black, shouting “we’re not the security forces,” fired at the gathering. Some people at the bazaar—almost certainly members of an ex-FARC dissident group active in the area—returned fire. Shooting continued for at least an hour and a half. At that point, helicopters arrived, and the townspeople were shocked to find out that the black-clad invaders were Colombian soldiers.

Later that day, Colombian President Iván Duque and Defense Minister Diego Molano posted tweets celebrating the “neutralization” of 11 ex-FARC dissidents, and the arrest of 4 more. The Army said it was a long-planned operation to capture Carlos Emilio Loaiza, alias “Bruno,” a leader of the Comandos de la Frontera, a Putumayo-based armed group that trafficks cocaine. (“Bruno” was not present.) The Comandos are believed affiliated with the “Segunda Marquetalia” network, led by re-armed former FARC guerrillas, which the U.S. State Department added to its list of foreign terrorist organizations last November.

Much remains unclear about the Alto Remanso incident. What we know comes from denunciations by local Indigenous and campesino groups, and Bogotá-based human rights groups; three Colombian media outlets’ thorough fieldwork; and a mission from the UN High Commissioner for Human Rights. The Colombian daily El Espectador has produced a helpful timeline of events.

What was the human toll of the operation?

Eleven people died in Alto Remanso on March 28. At least four (one source claims six) were civilian non-combatants: the president of the town’s Community Action Board, Divier Hernández; his pregnant partner, already a mother of two, Ana María Sarrias; a Kichwa Indigenous reserve governor, Pablo Panduro; and a 16-year-old boy, Brayan Santiago Pama. Another of the dead was a former FARC guerrilla who demobilized in 2017, Jhon Jairo Silva.

Four more people were wounded, the Inter-American Human Rights Commission confirms, including a soldier who was shot in the arm.

Were four additional people captured?

No. Early reports, including President Duque’s tweet, noted the arrest of “four criminals” in addition to the eleven killed. Colombia’s Prosecutor-General’s Office (FIscalía) responded days later that no suspects had been handed over. Three people who had been wounded in the operation received medical care at clinics elsewhere in Putumayo, and were freed.

Were those killed combatants, or civilians?

Witnesses insist that at least four (or perhaps at least five) of those killed had nothing to do with armed groups.Of the other six or seven, it is unknown which or how many were armed or engaged the military in combat. The Army recovered only six weapons from the scene.

Alto Remanso is an area with very little state presence. People who are not combatants coexist every day with armed groups like the Comandos de la Frontera. It is not surprising that members of this armed group, which keeps close watch over all activity in the area, would have been present at a large community gathering.

Rather than admit errors or “collateral damage” in a crossfire, Colombia’s Army and Defense Ministry insist that every single one of the dead was a combatant. Military sources provided the pro-government Semana magazine with an account of months of preparation and intelligence leading up to the operation, including soldiers’ surveillance of what the magazine called a “cocalero bazaar” starting on March 26. In a March 30 Twitter response to opposition presidential candidate Gustavo Petro, Defense Minister Molano wrote that the operation “wasn’t against innocent Indigenous people, but against narco-cocaleros [apparently a reference to coca farmers]. It wasn’t at a bazaar, but against criminals who attacked soldiers.”

The commander of Colombia’s Army, Gen. Eduardo Zapateiro, reiterated on April 11 that all of those killed were guerrilla dissidents. “This isn’t the first operation in which pregnant women and minors get killed,” Gen. Zapateiro told a television interviewer. (Gen. Zapateiro caused controversy in February 2021 with a tweet comparing human rights advocates to venomous snakes, posted the day after major revelations about past extrajudicial executions.)

On April 12, Gen. Juan Carlos Correa, commander of the Army’s Air Assault Division, told the Caracol radio network that all of the dead were armed-group members, either fighters or support personnel. Gen. Correa is a close U.S. ally: he spent 2019 and 2020 in Miami, at U.S. Southern Command headquarters, as the director of the U.S. military command’s J7/J9 (Exercises and Coalition Affairs) Directorate.

The Colombian Armed Forces shared a document purporting each deceased individual’s ties to the armed group. It claims that Hernández, the community leader, went by the alias “Gordo,” and his partner, Sarrias, was alias “Dayana.” It alleges that Panduro, the Indigenous leader, was shooting a rifle with a scope. In the document, Pama, the 16-year-old, was allegedly carrying a rifle too.

Townspeople say that the four had no armed-group affiliation; even if they did, though, that would not be grounds for use of lethal force against them. Hernández and Sarrias were not armed when they were shot: investigative journalist José Guarnizo of the online media outlet Vorágine writes that he has photos, too explicit to publicize, that prove it. Panduro “never picked up a weapon, and there is an infinity of testimonies” supporting that, wrote Guarnizo. Witnesses of the military operation say that Pama was shot not while carrying a rifle, but while trying to offer first aid to a combatant who had been carrying a rifle.

What is the security situation in Putumayo?

The security situation is dangerous. A Maryland-sized department (province) of about 350,000 people, Putumayo has long been ungoverned and conflictive. One of Colombia’s principal coca-growing departments, it is also a key corridor for cocaine transshipment across the border into Ecuador. It was a stronghold of FARC guerrillas, until paramilitary groups made inroads into towns—with military support —in the late 1990s. In 2001, Putumayo was the initial theater of U.S.-backed military operations supported by the first “Plan Colombia” aid package.

Do the military units involved receive U.S. aid?

Yes. A pro-government media report identifies the Colombian Army’s 3rd Counternarcotics Battalion as the unit to which the soldiers who carried out the attack belonged. This mobile battalion was created with generous U.S. support in the early 2000s with funding from the first Plan Colombia appropriation, and continues to get U.S. support today. During the Duque government, this and other counternarcotics battalions were reorganized into a Command Against Narcotrafficking and Transnational Threats (CONAT), which also works closely with U.S. counterparts. U.S. trainers were present for the CONAT’s March 2021 activation ceremony.

This is one of the Colombian Army’s most elite units, whose members “are trained day and night about international humanitarian law and human rights,” law of war expert Jean Carlo Mejía told El Espectador.

The Leahy Law prohibits U.S. aid to foreign military units that commit gross human rights violations unless “effective” or “corrective” steps are being taken. As long as investigations continue (see below) and responsible officials are held accountable, the Leahy Law will not be invoked. Should investigative and accountability processes stall, assistance to the 3rd Counter-Narcotics Battalion, and possibly to the CONAT, could be in jeopardy.

Did this operation violate International Humanitarian Law?

A consensus view in recent reporting is that it is very likely that this attack, launched in the middle of a party crowded with civilians, violated international humanitarian law. “According to International Human Rights Law, the intentional use of lethal weapons can only occur when it is strictly unavoidable, and with the purpose of protecting life,” the UN High Commissioner for Human Rights’ Colombia field office recalled in a April 13 tweet .

The armed forces insist that the operation was legitimate: that it was planned and executed at all phases “based on the principles of international humanitarian law.” President Duque said on April 11, “There was an exchange of fire, members of the security forces were wounded, and all protocols were followed.”

However, the decision to pursue a “high value target,” spurring a firefight in the midst of dozens of civilians, including women and children, ran a very high risk of violating the “principle of distinction,” which requires soldiers to avoid harming non-combatants in all but the extreme circumstances, like urgent self-defense. The soldiers took that risk on March 28, ordering snipers to fire “discriminately” (in their words) at the gathering—even after video taken through a sniper’s rifle sights, shared later with Caracol, showed women and children present.

Did the soldiers wear black outfits and say they weren’t the Army?

Yes to the first, “probably” to the second. Townspeople in Alto Remanso say that the soldiers arrived in the town dressed all in black, and that they shouted, “Get down, we are not the security forces.” Some had their faces hidden; some had facial hair. Gen. Correa said that special-forces units do occasionally wear black uniforms, a practice that “is totally regulated.”

It is a violation of international humanitarian law to wear outfits lacking “a fixed distinctive sign recognizable at a distance.” It is also a violation (perfidy) for actors to pose as members of another side.

Did the Army delay or deny urgent medical assistance?

Almost certainly. The Inter-American Human Rights Commission “ received information about a supposed denial of medical assistance required by affected people.” Indeed, it appears that some of those killed in Alto Remanso bled to death from wounds that might have been treatable.

Divier Hernández, the Community Action Board president, lay bleeding outdoors, well enough to ask another townsperson to take the keys to his boat and bring his wounded, pregnant partner, Sarria, to get medical aid. The townsperson carried Sarria to the river’s shallows where they sat, submerged, unable to reach the boat because of gunfire. Sarria eventually bled to death from her leg. Panduro, the Kichwa governor, lay on the ground for half an hour begging for help until he, too, perished. Amid the shooting, nobody could get near him to assist.

Was the scene tampered with?

It appears likely. Army personnel had Alto Remanso to themselves for about seven hours: investigators from the Prosecutor-General’s Office (Fiscalía) did not arrive until after 2:00 PM on March 28th. By then, soldiers had moved the dead, allegedly to “keep them in a secure area.” The Fiscalía personnel were initial crime scene investigators, some of whom were seen hugging Army commanders upon their arrival. Fiscalía detectives did not begin to interview witnesses in the town until four days later.

More serious are allegations that victims’ bodies may have been manipulated to make them appear to have been combatants. Strong questions surround Brayan Santiago Pama, the 16-year-old who was killed. Reporters from Cambio, El Espectador, and Vorágine have photos of Pama’s body—which they’ve reproduced as artist renditions out of respect for the victim’s family—showing Pama first lying on the ground unarmed, and then later lying on the floor of a boat with a rifle laid on top of him.

In another video shared by Vorágine we see a grieving woman, while an off-screen voice asks soldiers, “We civilians don’t have weapons, why are you doing this to us? What is most shocking is that you put guns on them. The man you put a rifle on is a governor accredited by the mayor’s office. He was an unarmed person.”

What happened to the money and the whiskey?

They’re gone. Reporters who visited Alto Remanso and spoke to townspeople heard that the three-day bazaar was going well, having raised about 11 million pesos (US$3,000) for the road-paving. The boozy gathering still had about eight cases (96 bottles) of Buchanan’s whiskey still left to sell or drink.

Several witnesses said that the Army took the money, and that the whiskey is no longer in the town. Some say soldiers also took another 36 million pesos in cash (nearly US$10,000), the proceeds of a land sale. A sex worker said that, as she lay on the ground, a soldier put his foot on her head and wrested away her mobile phone “without any explanation.”

The Army reported seizing 9.8 million pesos in cash during the raid, along with weapons. A Defense Ministry source told Cambio that it would be “unthinkable” for the soldiers to have taken the liquor, because “each one would have had to carry two bottles.”

Are credible investigations happening?

Investigations are ongoing, for now. The Internal Affairs Office (Procuraduría) has launched a preliminary inquiry into what happened in Alto Remanso, though the Army has so far not provided requested documents. Senators are calling on Defense Minister Molano to testify. Reporters from El Espectador couldn’t ascertain whether personnel from the Human Rights Ombudsman’s office had managed to visit Alto Remanso.

Real judicial accountability resides with the Prosecutor-General’s Office (Fiscalía). “We urge the Fiscalía to conduct a thorough and independent investigation to guarantee the victims’ rights to truth, justice and reparation,” the UN High Commissioner for Human Rights field office tweeted on April 13. “We recommend that all disciplinary and criminal measures be taken to prosecute and punish those responsible for what happened.”

The quality of the Fiscalía investigation is not assured. Detectives came to interview witnesses four days after the events occurred, though reporters and NGO investigators were able to arrive days before. Interviews with witnesses took place outdoors without privacy. Military personnel stood nearby, some with video cameras mounted to their helmets.

What is the humanitarian situation now for community residents?

Serious. Residents say they have alerted the Fiscalía about the disappearance of five people from the Alto Remanso community, including an eight-year-old boy. Meanwhile, the town is virtually abandoned: El Espectador’s reporter wrote that about 20 people came to the town to talk to her, but “by the evening, the village was once again nearly unoccupied.” Contagio Radio noted, “fear reigns due to reprisals following the denunciations, and many of the region’s inhabitants continue to suffer forced displacement without government assistance.”

What does this mean for politics and civil-military relations in Colombia?

Unless clarity and accountability come swiftly, it is a bad sign. The Alto Remanso, Putumayo attack has generated a political firestorm as Colombia heads toward May 29 first-round presidential elections. The deeply conservative Duque government, which is unpopular, is facing calls for Defense Minister Molano’s resignation and a move by opposition legislators to censure him (which probably lacks necessary votes).

All presidential candidates have weighed in. While all call for an investigation, their postures vary. Rightist, pro-government candidate Federico Gutiérrez assures that the military “rigorously respects human rights.” Rightist independent candidate Rodolfo Hernández criticizes “media tribunals that, without knowing the full facts, make these narco-guerrilla meetings look like a Boy Scout camp.” Centrist Sergio Fajardo said, “the government cannot present a disproportionate and vile action as a successful operation.” Leftist Gustavo Petro called it “a war crime against Putumayo’s population,” adding, “In my government, honor will be the security forces’ axis.”

Of particular concern is the Defense Ministry’s and security forces’ defiant attitude in the face of mounting evidence that not all of those killed were combatants. Mistakes happen in combat. For leaders to insist that none occurred in Alto Remanso—that what happened on March 28 was an exemplary operation—carries serious and lasting risks to the credibility of Colombia’s security sector, when much careful reporting indicates otherwise.

Retired Col. Pedro Javier Rojas, a moderate, oversaw doctrinal reforms a decade ago but resigned from Colombia’s army in late 2020 over disagreements with the current, harder-line high command. Speaking with El Espectador, Rojas viewed the Putumayo attack as an ominous sign that the armed forces are losing their way. “Today, doctrine, one of the three pillars of any military force—together with cohesion and principles and values—is weakened. The current Army leadership did not continue to build it, and furthermore it has not been correctly internalized and disseminated. That is why we see these repeated mistakes in operations.”

Tags: Civil-Military Relations, Human Rights, Putumayo

SOS Cauca: International Community Condemns Murder of Indigenous Leader Albeiro Camayo Güeito

January 31, 2022

On January 25, the Washington Office on Latin America (WOLA) and 19 other international civil society organizations, as part of Colombia’s Cooperation Space for Peace, published a statement heavily condemning the murder of former Regional Coordinator of the Indigenous Guard Albeiro Camayo Güeito by armed actors from the Jaime Martínez Front of the FARC’s dissidents.

With the murder of Camayo Güeito, illegal armed actors have murdered three kiwe thegnas (Indigenous Guards) in under two weeks. The other two individuals are Breiner David Cucuñame and Guillermo Chicame. Given this context, Indigenous authorities have declared a maximum alert throughout their territories in Cauca department.

The international civil society organizations reinforced the alert by the Nasa Indigenous community and requested that the diplomatic corps present in Colombia urge the national government to implement efficient and effective measures to protect the Indigenous communities of Cauca, including the comprehensive implementation of the 2016 peace accord. They also called on the Ombudsman’s office to fulfill its constitutional mandate by immediately traveling to the territory and issuing appropriate and necessary Early Warning alerts.

Read the original, Spanish statement here.
Read the translated, English statement here.

Tags: Attacks on social leaders, Human Rights, Indigenous Communities, Security Deterioration

SOS Arauca: International Civil Society Organizations Demand Peace in Arauca, Colombia

January 25, 2022

On January 24, the Washington Office on Latin America (WOLA) and 26 other international civil society organizations, as part of Colombia’s Cooperation Space for Peace, published an SOS statement demanding peace in Arauca department amid escalating violence in the region.

As the organizations note, Arauca started 2022 with egregious episodes of violence by illegal armed groups that deepened the humanitarian situation for Arauca’s civilian population. At least 33 people were murdered, 50 disappeared, 170 families and 36 former FARC combatants internally displaced, and a car bomb detonated against a human rights organization’s office. The Ombudsman’s office and civil society organizations have warned of this escalating violence for years now.

The statement calls on the international community to urge the Colombian government to prioritize dialogues with guarantees and humanitarian agreements as solutions forward from this senseless violence and to consolidate peace.

See the original statement here
See the unofficial English translation here.

Tags: Arauca, Armed Groups, Human Rights

Colombia’s Peace Movement: “Arauca Deserves True Peace and Democracy”

January 4, 2022
“Defend the Peace”

The first weekend of 2022 saw one of the most serious humanitarian situations in recent years in Arauca—a department in Northeastern Colombia that borders Venezuela. Armed confrontations among illegal armed actors, believed to be members of the National Liberation Army (Ejército de Liberación Nacional, ELN) and dissidents of the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia, FARC), left at least 23 people killed and several others displaced. Details surrounding the situation are still emerging.

On January 3, Defend the Peace Colombia (Defendamos La Paz Colombia, DLP) published a statement calling on all armed actors to cease their hostilities and to respect the lives and dignity of the communities, organizations, and leaders impacted by the confrontations. DLP further reiterated the importance of advancing a peace process with the ELN, addressing the dynamics brought forth by the FARC’s dissidents, and ratifying a humanitarian accord to bring an end to cycles of violence.

An English-language translation of the statement is below:

Defend the Peace observes with great concern the sensitive situation occurring in Arauca. The ongoing insecurity further reiterates the importance of advancing a peace process with the ELN, handling the dissidents of the FARC who continue their armed actions, and ratifying a global humanitarian accord to move away from these relentless cycles of armed conflict.

Given this situation of ongoing confrontations and the repercussions on communities and their organizations, we are grateful for all the humanitarian action and accompaniment of both national organizations with legal capacities and the international community, as accompaniment to the communities must always be a priority.

Arauca will only find a path of coexistence and true democracy if agreements are reached to leave behind more than four decades of armed conflict.

We call on the ELN and FARC dissident structures to cease their armed confrontations and respect the communities, their organizations, and their leadership.

Tags: Civil Society Peace Movement, Dissident Groups, ELN, Human Rights, Security Deterioration

Advance the Promises of the 2016 Peace Accord: Civil Society Perspectives on Peace in the Chocó

December 17, 2021
Read the full report

Between February 2021 and May 2021, the Washington Office on Latin America (WOLA) worked with Colombia-based consultants and partners to gather the perspectives of people at the community level about their experiences with the implementation of Colombia’s historic 2016 peace accord.

While there are good academic, statistical, and investigative reports on different aspects of Colombia’s peace, WOLA gathered perspectives on how various civil society actors were viewing the implementation of the 2016 peace on the ground. For peace to be properly consolidated on the ground, understanding how those most affected by the conflict is key and their viewpoints are vital to guaranteeing that peace is successful. Colombia’s regions are each unique with their own historical, cultural, geographic and ethnic differences and the conflict has played itself out differently throughout the country, which has resulted in distinct dynamics on the ground.  

Our research covered four different regions of Colombia—Arauca and Catatumbo in the northeast, Chocó in the northwest, and northern Cauca in the southwest. For people to speak candidly without fear of reprisals, there is no direct attribution of the sources of the information in this report.

The report, “Advance the Promises of the 2016 Peace Accord: Civil Society Perspectives on Peace in the Chocó,” summarizes the findings of WOLA’s work with partners in Chocó and includes recommended actions voiced by the communities themselves. This collaboration also sought to identify recommendations for the United States’ and international community’s support for the peace accord and its implementation.

When persons interviewed were asked what can the U.S. government and civil society organizations do to support peace efforts in the region, the following proposals were made:

Recommendations

1)    Support the creation of a Commission that can dialogue directly with U.S. policymakers

The U.S. government and civil society organizations should support the creation of a binational commission that serves as an interlocutor with U.S. policymakers to advance peace accord implementation in the Chocó. The Commission would include the U.S. government, Chocoan civil society, U.S. civil society and experts chosen due to their expertise). By helping create this commission, the international community can ensure the 2016 peace accord’s Ethnic Chapter is prioritized, and that peace is implemented in Chocó with a differentiated ethnic, gender, and disability approach. This commission should also incorporate the peace-related demands from various social movements that have formed in the department to petition the government. These include civic strikes (paro civicos) and Indigenous collective peaceful protest actions known as Mingas, all of which urge for the Ethnic Chapter’s comprehensive implementation.

2)  Closely monitor the implementation of the Territorially Focused Development Plans (PDETs)

The full and comprehensive implementation of the PDETs, a central commitment of the peace accord’s first chapter, can help transform the structural obstacles to consolidating peace in Colombia. For these plans to function as envisioned by the peace accord, international actors need to closely monitor and advocate for their implementation to help guarantee their advancement and to address complications that may arise. All proposals and projects related to the PDET Chocó must fully integrate an ethnic and gender approach and include the full participation of beneficiary communities. An ethnic approach does not mean superficially placing Afro-Colombian and Indigenous individuals in key positions; rather, only by integrating ethnic communities into all levels of participation and governance at the national level can the PDET truly address on-the-ground realities. As for implementing a gender approach, women and LGBT+ individuals from the territories must be included in the PDET as designers, implementers, and beneficiaries. Finally, the PDET must seek to activate local economies by supporting economic projects proposed by the community councils and the cabildos.  Supporting the projects designed by the communities themselves will transform the rural countryside and foment peacebuilding among receptor communities.

3)    Send resources directly to civil society organizations

At the moment, resource allocation is at the whim of who holds political office, which often results in alleged embezzlement practices. Civil society organizations have noted suspicious instances where funds are channeled to individuals who actively supported the political campaigns that elected those who hold political office. Therefore, to ensure resources and funds truly meet the needs of implementing the peace accord, international resources to support Colombia’s peace should be administered directly by communities in the Chocó who uphold the well-being of the community. This means empowering civil society organizations to administer resources. These organizations, made up of and elected by the communities themselves, have a wide breadth of experience working to solve the department’s challenges.  As such, they hold a deep understanding of the needs of the communities and are beholden to them. Directly allocating much-needed resources to these civil society organizations provides stronger guarantees of transparency and accountability, increasing the likelihood that the resources will be used as intended and preventing their diversion when changes, inevitable in a politicized local context, occur in municipal and departmental governments. 

4)   Help develop an alliance among victims, ex-combatants, and civil society to demand and monitor the peace accord’s implementation 

To advance peace accord implementation at the departmental level, a transformative pedagogy of peacebuilding is required. This strategy must move beyond its current emphasis on university professors and students. It should prioritize the participation of victims of the internal armed conflict, former combatants who are signatories of the peace accord, and diverse sectors of civil society like territorial leaders, social leaders, women, LGBT+ leaders, and youth representatives. 

These different sectors already exist in some form. However, they must unify their efforts by forming an alliance that advocates for the peace accord’s full implementation. For such an alliance to form, and for it to be effective, these sectors should join together in solidarity and ensure their communities understand what the peace accord stipulates and how they can demand the implementation of what the state is obligated to fulfill.  This alliance should carry out broad-based education campaigns about the stipulations of the peace accord and how state institutions, including the National Police and the judicial and legislative branches, can be used as tools to guarantee short- and long-term compliance to what was agreed to in the 2016 peace accord. 

5) Advocate for the Humanitarian Accord Now Chocó!

To sustain the 2016 peace accord and for it to be fully implemented, the other illegal groups operating in the region need to be addressed. The optimal solution would be for them to be addressed via a politically negotiated solution and/or disarmament. Since such solutions have not advanced in the past decade, Chocoan civil society is proposing that all armed groups support the humanitarian minimums found in the Humanitarian Accord Now Chocó!. This Accord seeks to place limits on the internal armed conflict and violence linked to illegal armed groups.  It guarantees better protection for civilians stuck in the middle of all these groups and respect for international humanitarian law. It is an effort by coalitions of local civil society organizations and religious entities to step in where the government has failed to ensure guarantees for the lives and physical integrity of civilians living in the area. Its intent is to minimize the impact of the conflict on civilians and to help pave the way for future and continuing dialogues. However, for such an accord to be realized it requires support from the international community, in particular the United States. 

Tags: Chocó, Human Rights, Illicit Crop Eradication, Security Deterioration, Transitional Justice, U.S. Policy

Patriarchy in Action: The Struggle to Center Women’s Experience in Colombia’s Armed Conflict

December 17, 2021

By: Yadira Sánchez-Esparza, Fall 2021 Mexico & Colombia Intern

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Photo by Ryan Brown via Flickr

Women accounted for a significant percentage of victims of the violence from Colombia’s armed conflict—an unequal distribution of pain and overall suffering. Even 40% of the FARC guerrillas ranks were women, yet they remained excluded from the initial negotiations that led to Colombia’s 2016 peace accord. This intentional silencing reflects a larger pattern of structural violence that existed prior to the armed conflict, which is taught in the home, reinforced in society, and ultimately legitimized by the state. Yet, despite this oppressive status quo, women in Colombia have been active participants in advocating for themselves, their communities, and the peace process by institutionalizing their respective emotions.

Women’s groups across Colombia are leading peacebuilding efforts to bring to light the disproportionate, gendered impact of the internal armed conflict’s violence. For instance, Colombian feminist organization Casa de la Mujerin collaboration with a series of other organizations, published their recent report entitled TruthIs: Politicizing Women’s Pain and Emotions. The report, filled with sobering testimonies and concerted recommendations by victims of gender-based violence, was submittedtothe Truth Commission—an entity that forms part of Colombia’s tripartite transitional justice system and is responsible for clarifying the truth of what occurred during Colombia’s decades-long internal armed conflict. Three of Colombia’s departments—Meta, Córdoba, and Cauca—have dedicated chapters in the report, as they are home to many Indigenous and Afro-descendants who were disproportionately affected by the conflict. With the report’s submission to the Truth Commission, these women’s groups are contributing to implementing the 2016 peace accord’s trailblazing gender provisions, urging they be used as mechanisms for justice.

Women and the Peace Process

Reports like TruthIs are possible because of the efforts placed forth to include a gender approach in the peace process. The inclusion of the peace accord’s innovative gender provisions was no easy feat. When peace negotiations began between the Colombian state and FARC guerrillas, women were not granted a seat at the table to participate and it took the intentional efforts of about 450 women’s organizations to push then-Colombian President Juan Manuel Santos to allow for two seats. In September 2014, a gender subcommittee was launched that included five members in total from the FARC and the government. But nonetheless, the gender provisions that resulted from the subcommittees’ contributions received significant pushback, mainly due to an opposition movement that labeled the recognition of LGBTQ+ and women rights as a “gender ideology”. This push came mainly from evangelical factions who sought to hinder advances in protecting different gender identities and sexual orientations. Unfortunately, this opposition movement succeeded in helping deter support to the peace accord and help the plebiscite fail, resulting in the “no” vote succeeding by a margin of less than 1 percent.

Despite these setbacks, women’s eventual integration allowed them to play an essential role in the delegations of victims, where women represented 60% of the members. This integration has led the Colombian government and the FARC to release statements that reflected positively on women’s rights, inclusivity, and diversity. The largest impact can be seen in legislation around sexual violence in which many agreements have a gender focus and sexual violence is listed as a crime that can not be amnestied under the accord. Essentially, the peace process without women is not adept to face the dynamic problems that face civil society and the Colombian government.

Women’s lives before the armed-conflict

The report brings attention to the continuum of violence that existed prior to the known inception of the armed conflict. The pre-established systems of oppression against women were deeply ingrained from interpersonal relations and into the larger structure of financial, economic, and physical oppression in Colombian society. The harmful ideology of machismo upholds and perpetuates a traditional expression of masculinity and femininity, which is simultaneously tied to a rigid gender binary in which women are inferior to men.

“Habia una buena relación, las mujeres eran sumisas porque el que mandaba era el marido”145

“There was a good relationship, the women were submissive because the husband was in charge “145

Beyond this, machismo minimizes and normalizes violence against women often becoming internalized in men and women. Throughout the interview process, women shared that they found their relationships to their spouses, families, and communities to be generally positive in terms of their quality of life. However, In the same recounting of events they would include anecdotes of violence within families, partners, and insecurity for women in general:

“En alugnas familias había conflictos ecónomicos y pasionales cuando un hombre cela a una mujer, también en las familias había maltrato y violencia…no dejaban salir a la mujer por celos y golpes” (145, TruthIs)

“In some families, there were economic conflicts and conflicts of passion when a man was jealous of a woman, in families, there was mistreatment and violence…they did not let the woman go out because of jealousy and beatings” (145, TruthIs).

Additionally, there was an extreme division of labor and enforced subordination in which women had no rights to education or entrepreneurship. This, in turn, would not only confirm the biases against women but limit women to vulnerable socio-economic situations. The intentional retraction of resources was a manifestation of how little value women held in Colombian society thus making it easier for perpetrators to dehumanize and enact intimate and familial violence on them. The TruthIs report provides insight that before the conflict these girls and women had already been reduced to public commodities instead of dignified humans. Sexual violence was already systematically being practiced by perpetrators who exploited the physical and bodily autonomy of women:

[…] “antes de llegar los paramilitares, los ricos compraban a las niñas, la gente que tenía plata compraba a las niñas a sus padres: dos, tres vacas; tres, cuatro, diez mil pesos por una niña, y entonces se la llevaban a vivir uno, dos meses, y ahí la dejaban y salían y compraban otra.” (Narrativa de líder de Córdoba-68).

[…] “before the paramilitaries arrived, the rich people bought girls, those who had money bought the girls from their parents: two, three cows or three, four, ten thousand pesos for a girl. They took her to live with them for one or two months. They would leave her there and go out and buy another one.” (Narrative of a leader from Córdoba-68)

Ultimately, the qualitative research provided in the report demonstrated the extent of the normalization of violence in communities that would later be appropriated by various armed actors to use women as pawns for dominance.

Women’s experiences in the armed conflict

The TruthIs report highlights that the larger struggle during the armed conflict is impossible to understand without understanding how women experienced gender-based violence, a reality supported by the Constitutional Court’s report that sexual violence was a ‘systematic, habitual and generalized practice’ appropriated by all armed groups in the Colombian conflict. Estimates include that armed groups were responsible for the rape of 12,809 women, the forced prostitution of 1,575, the forced pregnancies of 4,415 women, and the forced abortions of 1,810 women. Both the falsehood of security and the unstable security vanished leaving only extreme direct violence, a reality that became unavoidable from the youngest child to elderly mothers. This new milieu instilled fear that did not allow them to live their lives as they had before, new biopolitics was being forcibly instilled in communities across Colombia.

“Mi mamá no me hizo fiesta de quince porque decía que eso era darles aviso a los hombres armados de que ya se lo podían comer a uno.”36

“My mother didn’t throw me a quinceañera because she said that would be a warning to the armed men that they could have me. “36

The TruthIs report highlighted how Afro-descendant and Indigenous women were disproportionately impacted not only because of the regions in which they live but the many dimensions of discrimination that they face. And so, Colombia’s history with slavery and oppression of bodies continued to burden those who have historically been disregarded. Sexual violence was used to control and dominate physically, culturally, economically, and territory for the larger perceived purpose of the conflict. For example, guerrillas have used sexual violence in the forced recruitment of girls as combatants, girls as sex slaves, and as payment to protect other family members.

“Ya el pensamiento era de oder que la mujer conquistara al que tiene el poder…cuando empezaron a llegar los grupos armados, más que todo los paramilitares y los soldados…ya no se buscaba marido por amor sino alguien que nos protegiera”. 38

“The idea was that the woman should conquer the one in power…when the armed groups began to arrive, especially the paramilitaries and the soldiers…they were no longer looked for a husband for love, but for someone who would protect us. “38

State Security Forces’ have been distinctively damaging as the civilian population has no mechanism for justice. These militias’ essential position is to protect and support civilians’ rights to a life free of violence. However, as described by many victims, these entities often took advantage of the chaos to extend harm on vulnerable populations exercising violence against women on a mass scale. Unlike FARC or ELN groups targeted by the government, the State Security Forces were never held accountable for their actions since they operated as the rule of law in these sometimes remote areas. The impunity surrounding State Security Forces has protected many individuals and battalions from being held accountable for the crimes committed against their civilians.

The significance of a report like TruthIS being presented to the Truth Commission

  • It’s innovative, it highlights not only the perseverance of women’s resistance but how women in these communities utilized their pain and emotions to contribute to the peace process. This report refutes the machismo mindset, that normalizes victim-blaming, and minimizes the suffering of women instead highlighting how women can strengthen peacebuilding efforts.
  • It’s intentional, the report is taking advantage of the gender provisions in order to create a historical record nationally and internationally affirming the violence committed against women in the context of the armed conflict. It demonstrates how important it is for women to be integrated into the peacebuilding process since their participation also promotes gendered provisions. The regional focus on the Pacific Coast is to emphasize that Afro-descendant and Indigenous women were impacted in specific and targeted ways.
  • It’s an example, using testimony as an integral component in communicating the differentiated impact the internal conflict had on women. These individuals’ experiences centered on sexual and physical violence but also brought to light how women experienced forced disappearances, forced displacement, forced recruitment, and psychological trauma. The report also includes the experiences of trans individuals and those with different sexualities which as previously discussed are realities that are often overshadowed.

The struggle to end sexual violence continues

While this report is an exceptional demonstration of how far women’s engagement has come in terms of their healing, liberation, and role in the peace process, it can’t begin to entirely eclipse the intricacies of trauma that remains in the wake of the armed conflict. The recent webinar hosted by Oxfam, WOLA, and the Latin America Working Group provided space for women to share in their own words how they experienced violence and the intergenerational trauma felt in their families and communities. The sheer courage displayed moving and the overall message that the fear and continued instability are incredibly prevalent. The women shared a general desire for their daughters and sons to live in reality free of violence, a dream that seems almost unattainable in the current reality.

Presently, the Pacific Coast home to the Cauca and Cordóba departments continue to be disproportionately impacted by violence against women as the demobilization of guerrillas and the increase of militarization in areas previously abandoned by the state has maintained the armed conflict’s violence continuum as young women are still forced into armed prostitution and sexual abuse. Nationally, UN Women reported that 37% of women in Colombia will experience physical and/or sexual intimate partner violence at least once in their lifetime, and over 50% of Colombian men surveyed for a 2010 UN study admitted to abusing their female partners. This violence has continued to be exacerbated following COVID-19 the FISCALIA reported 60.581 cases of domestic violence across the country.

Women’s Resistance

The silencing of women’s voices and experiences has been constant before, during, and after Colombia’s armed conflict. However, new forms of advocacy and resistance have forced attention onto wounds that many responsible and complacent actors would rather ignore. Of these actors, the Colombian state should grant a public apology to victims of sexual violence experienced by girls, women, and those with different sexual orientations and gender identities. In addition, the international community should hold the Colombian state accountable for implementing the gender provisions of the 2016 Peace Accord that focus on women’s rights, gender, and their social and political participation. Ultimately, the resistance of female victims and community non-profits such as Casa de la Mujer is integral in pushing forward narratives deserving of public attention and justice. Therefore, defending and amplifying the voices and experiences of women that have endured Colombia’s armed conflict is not only a peace mechanism but an active step towards protecting women’s dignity and autonomy.

“Bueno yo pienso que al principio pues no éramos visibles, éramos invisibles para todo el mundo porque la mujer no se tenía en cuenta para nada, pero a raíz de todo lo que nos pasó yo creo que reaccionamos y dijimos que Dios nos dejó por algo, y yo pienso que tenemos que dejar una huella de bien en la comunidad, en la sociedad, en nuestra familia, que nos empoderemos en muchos espacios y en muchas cosas. Ver tantas mujeres asesinadas, desaparecidas y uno que ha logrado superar esas cosas es una razón para que otras mujeres vivan a través de nuestra experiencia, que se den cuenta [de] que sí vale la pena luchar y cambiar este país. Los grupos, fundaciones y todo eso nos ayudan a superarnos emocional y económicamente, y si lo hacemos unidas, mejor.” (Narrativa de mujer del Meta-143).

“Well, I think that at the beginning, we were not visible. We were invisible to everyone women were not taken into account at all. But as a result of everything that happened to us, I think we reacted, and we said that God left us for something, and I think that we have to leave a mark of good in the community, in society, in our families, and our world. We empower ourselves in many spaces and in many things. Seeing so many women murdered, disappeared, and even one woman who has managed to overcome these despite it all is a reason for all of us to overcome. It is a reason for other women to live despite our experiences, to realize so that they realize [that] it is worth fighting and changing this country. The groups, foundations, and all that help us overcome ourselves emotionally and economically and help us better ourselves emotionally and financially, and if we do it united, all the better.” (Narrative of a woman from Meta-143)

Tags: Gender Perspective, Human Rights, Transitional Justice, Victims

WOLA Report: A Long Way to Go: Implementing Colombia’s peace accord after five years

November 24, 2021

November 24 is the five-year anniversary of a landmark peace accord that ended a half a century of fighting in Colombia. While there are aspects worth celebrating, this is a far less happy anniversary than it promised to be.

The 2016 accord ended the most violent facet of a multi-front conflict that killed 260,000 people, left 80,000 more missing, and led to more than 9 million of Colombia’s 50 million people registering with the government as conflict victims. The months after November 2016 saw the disarmament and demobilization of the Revolutionary Armed Forces of Colombia (FARC), the largest guerrilla group, though smaller armed groups remain.

For a time after the FARC left the scene, battered rural areas notorious for violence and illicit drug production experienced a moment of calm. A historic window of opportunity opened for Colombia to break its recurrent cycles of violence.

Five years later, the window is closing. Implementing the peace accord has gone more poorly than anticipated. A new report from the Washington Office on Latin America, “A Long Way to Go,” examines the experience of the past five years, presenting a wealth of data about each of the 2016 accord’s six chapters. While there are some positive developments, WOLA finds, Colombia is well behind where it should be.

It was up to Colombia’s government to preserve the peace, by fully implementing the commitments it made in the ambitious 300-page accord. That document promised not just to end the FARC, but to undo the causes underlying more than a century of rural strife in Latin America’s third-largest country: unequal land tenure, crushing poverty, an absent government, and impunity for the powerful.

That hasn’t happened. Parts of Colombia’s government acted, but what they did wasn’t enough. Opponents of the accord came to power in August 2018 and allowed many commitments to languish, keeping investments well below the necessary tempo and encouraging skepticism through messaging that regularly disparages the agreement.

10 notable facts from “A Long Way to Go: Implementing Colombia’s peace accord after five years”
1. As of March 2021, Colombia was 29 percent of the way into the peace accord’s implementation timetable, but had spent just 15 percent of what implementation is expected to cost.
2. One third of the way into the implementation process, the PDETs—the vital plans to bring the government into historically conflictive areas—are only one-seventh funded, and that’s according to the most optimistic estimate.
3. A nationwide mapping of landholdings, expected to be complete by 2023, was only 15 percent done as of March 2021.
4. 2021 is on pace to be Colombia’s worst year for homicides since 2013, and worst year for massacres since 2011.
5. Analysts’ estimates coincide in finding significantly less than 10 percent of demobilized ex-FARC members taking up arms again. “Dissident” groups’ membership is mostly new recruits.
6. Estimates of the number of social leaders murdered in 2020 range from 133 to 310. But the justice system only managed 20 convictions of social leaders’ killers that year, while the Interior Minister argued that “more people die here from cell phone thefts than for being human rights defenders.”
7. Of coca-growing families who signed up for a “two-year” package of crop substitution assistance three or more years ago, just 1 percent had received a complete package of payments by the end of 2020.
8. If the transitional justice tribunal is correct, half of the Colombian military’s claimed combat killings between 2002 and 2008 may have been civilians whom soldiers executed and then falsely claimed were members of armed groups.
9. 20 of the transitional justice tribunal’s 38 magistrates are women. 4 of 11 Truth Commissioners are women.
10. Since accord implementation began in fiscal 2017, U.S. assistance to Colombia has totaled about US$3.1 billion, roughly half of it for the military and police.

Read the report

In historically conflictive territories all around the country, violence is on the rise again. New armed groups are quickly filling the vacuums of authority that the government would not or could not fill on its own. As massacres, displacements, and confrontations increase again, in too many regions—including many Afro-descendant and Indigenous communities—it no longer makes sense to speak of a “post-conflict.”

The “Long Way to Go” report walks through many of the most important commitments Colombia’s government made, evaluating the extent to which each is truly being implemented after five years. The discussion passes through 17 sections.

  • The first looks at the overall budget and use of resources, finding that Colombia is well behind where it should be after five years.
  • The next four cover commitments to Colombia’s countryside, like addressing land tenure, making rural economies viable, and improving security and governance. These commitments, too, are falling alarmingly behind: state presence has not been increasing, land tenure programs are struggling, and violence indicators are worsening.
  • The sixth, seventh, and tenth sections explore commitments to expand political participation and protect social leaders. Despite some important steps forward, the continued pace of attacks and killings and occasional government displays of indifference show how much remains to be done.
  • The eighth and ninth evaluate assistance and security for demobilized ex-combatants. Assistance efforts have been worthy, but security lags amid a low probability of killers being brought to justice
  • The remaining seven sections look at separate sets of commitments: crop substitution, transitional justice, inclusion of ethnic communities, the accords’ gender focus, laws that remain to be passed, verification mechanisms, and the U.S. government’s role. There are positive notes here, like the transitional justice system’s performance, useful external verification, and a more supportive tone from the Biden administration. For the most part, though, these seven sections sound alarms as ground continues to be lost.

Finally, WOLA’s new report explains why, despite the many setbacks documented here, this is absolutely not the time to give up on the peace accord and its promise. Instead, WOLA expects this five-year evaluation to motivate and inform the government that will take power after Colombia’s May 2022 elections, which will need to redouble implementation together with international partners.

Although many findings in “A Long Way to Go” are grim, the report also upholds the bright spots of the past five years. More than nine in ten demobilized guerrillas remain committed to the peace process. The special post-conflict justice system is functioning, earning recent praise from the International Criminal Court. Though beleaguered by threats and attacks, Colombia’s civil society and free press remain vibrant, and the country is headed into 2022 elections with a broad spectrum of candidates.

The window has not closed all the way. All is not lost yet. By taking the temperature of implementation at the five year mark in the most clear-eyed possible manner, WOLA hopes to contribute to Colombians’ effort to resume and rethink their fight to curb the conflict’s historic causes.

Tags: Coca, Human Rights, Implementation, Stabilization, U.S. Policy, WOLA Statements

Podcast: Colombia’s peace accord at five years

November 24, 2021

(Cross-posted from wola.org)

Colombia’s government and largest guerrilla group signed a historic peace accord on November 24, 2016. The government took on many commitments which, if implemented, could guide Colombia away from cycles of violence that its people have suffered, especially in the countryside, for over a century.

Five years later, is the peace accord being implemented? The picture is complicated: the FARC remain demobilized and a transitional justice system is making real progress. But the countryside remains violent and ungoverned, and crucial peace accord commitments are going unmet. WOLA Director for the Andes Gimena Sánchez joins host Adam Isacson for a walk through which aspects of accord implementation are going well, and which are urgently not.

Download the episode (.mp3)

Listen to WOLA’s Latin America Today podcast on Apple Podcasts, Spotify, iHeartRadio, or wherever you subscribe to podcasts. The main feed is here.

Tags: Human Rights, Implementation, Podcast

Recommendations from the Black, Afro-Colombian, Palenquero, and Raizal People’s 2021 Summit

November 1, 2021

On October 21 and 22, 2021, representatives from five macro regions in Colombia held the Black, Afro-Colombian, Palenquero and Raizal People’s Summit in Santiago de Cali, Valle del Cauca department. They engaged in collaborative work and analysis to advance their common objectives at a time when their communities and territories face serious challenges. These challenges stem from a historical and systematic marginalization; the resurgence of armed conflict and widespread violence, forced internal displacement, and dispossession of their territories and natural resources; the COVID-19 pandemic; and Colombia’s national strike, which brought to light the severity of these ongoing situations.

The summit resulted in a concerted set of recommendations that urge for the comprehensive implementation of the 2016 peace accord and its Ethnic Chapter, the active enforcement of the Afro-Colombian collective land ownership Law 70 of 1993, the declaration of humanitarian emergencies in Afro-descendant territories, the need to promote economic reactivation targeted towards Black communities, a protection strategy that focuses on social investment, among other key issues.

In view of the absence of high-level government officials at the summit, members plan to go to Bogotá to deliver these demands and recommendations personally to President Iván Duque.

You can read unofficial, English-language translations of the recommendations here and here.

Tags: Afro-Descendant Communities, Displacement, Human Rights, Security Deterioration

17 U.S. Civil Society Organizations Urge Secretary Blinken to Prioritize Peace and Human Rights in Colombia

October 18, 2021
(Andrew Caballero-Reynolds/Pool via AP)

On October 18, the Washington Office on Latin America (WOLA), alongside 16 other U.S. civil society organizations, sent a letter to U.S. Secretary of State Antony Blinken urging him to use his travel to Colombia as an opportunity to press the Colombian government for progress on peace accord implementation, among other critical human rights matters. Secretary Blinken is set to travel to Bogotá on October 20, where he will meet with President Iván Duque and Vice President-Foreign Minister Marta Lucía Ramírez, co-lead a migration ministerial, open the U.S.-Colombia High-Level Dialogue, engage in a conversation on democracy and human rights with youth leaders and civic activists, and participate in an event about tackling the climate crisis.

The letter expresses disappointment with the Biden administration’s position on Colombia-related matters thus far. They encourage Secretary Blinken to “avoid public statements that praise the U.S.-Colombia partnership while skirting over the deeply disturbing patterns of human rights violations that should be a major focus of U.S. concern and diplomacy.” These matters of concern include the serious problems of police brutality and racial injustice, addressing the needs of low-income and landless farmers, improving the dire situation of social leaders, advancing ethnic rights, and fully and comprehensively implementing the historic 2016 peace accord. The organizations provide detailed recommendations that should guide the State Department’s foreign policy on and engagement with Colombia.

Read the full letter here.

Tags: Human Rights, U.S. Policy

Police Violence in Colombia is Unacceptable, U.S. Policymakers Must Take Action

May 3, 2021
Protesters, one with a sign that reads in Spanish “No to tax reform” march during a national strike against government-proposed tax reform in Bogota, Colombia, Wednesday, April 28, 2021. (AP Photo/Fernando Vergara)

(Cross-posted from wola.org) // Versión en español

Since April 28, thousands of people throughout Colombia have exercised their right to protest—triggered by a controversial, government-proposed tax reform plan—and have been met with unacceptable violence by members of the Colombian National Police (Policía Nacional de Colombia). The Washington Office on Latin America (WOLA) is pleased to learn that President Iván Duque has withdrawn the plan, which would have placed a severe burden on the middle class through regressive sales taxes. The legislation’s withdrawal provides the country with an opportunity to build a consensus on ways to address the country’s fiscal gap, without deepening inequalities that were further exacerbated by the pandemic. It is also a victory for the many Colombians who exerted their right to protest in order to guarantee democratic governance in Colombia. Such widespread, multisectoral, and regional protests were extremely rare before Colombia’s historic 2016 peace accord.

Despite this victory, WOLA condemns the disproportionate use of force employed by the anti-riot police (Escuadrón Móvil Antidisturbios, ESMAD) and other police units against protestors, as well as the hostile words of high-level officials and influential politicians. Many of these public figures reacted to the protests in ways that escalated violence, stigmatized protesters, and served a larger anti-peace accord agenda, for instance by attacking the Special Jurisdiction for Peace (Jurisdicción Especial para la Paz, JEP). 

In light of these events, which have left dozens of people killed or injured, WOLA calls on the Biden administration and U.S. Congress to condemn police excesses, distance the United States from officials’ inflammatory rhetoric, and insist that the Colombian government reform the ESMAD and hold accountable those who violated human rights since the protests began on April 28. 

On that day, Colombian civil society initiated national protests against a presidential tax reform proposal erroneously titled the “sustainable solidarity law,” (ley de solidaridad sostenible). Divisions existed among multiple social movements whether to proceed with protests in the midst of a grim wave of the pandemic. Ultimately, the government’s brazen efforts to squash the right to protest emboldened thousands of people to take to the streets throughout the country. The police responded repressively using a disproportionate, and in several instances lethal, use of force, with the justification that it acted to restore order and stop looting. According to data compiled by the Defend the Life Campaign (Campana para defender la vida), so far, public security forces are responsible for 21 homicides, several whom were youth; 208 wounded individuals, including 18 cases of serious ocular injuries; 42 aggressions and abuses committed against human rights defenders and journalists; 10 cases of sexual assaults against women; and 503 mostly arbitrary detentions.

The police’s response was particularly brutal in Cali, Valle del Cauca department, where at least 10 individuals were killed by police on Friday, April 30. The Minister of Defense Diego Molano’s problematic tweets equating the Minga, an Indigenous collective peaceful protest action, with terrorists, and former President Álvaro Uribe’s tweets defending police use of firearms against protestors—later removed by Twitter for violating community guidelines that prohibit glorifying violence—fueled the repression against protestors. On Saturday May 1, President Duque announced he would deploy troops into several cities, a move rejected by the Mayors of Bogotá, Medellín and Cali. Given the tax reform’s retraction, we expect militarization will not take place but the announcement itself was concerning as soldiers are trained for combat, not for distinguishing between peaceful protesters and rioters.

The police response to country-wide protests in November 2019, September 2020, and April-May 2021 force us to reexamine the need to apply stronger human rights protections to U.S. assistance that benefit the Colombian National Police. The ESMAD must not receive U.S. assistance, as it has an egregious record of committing gross violations of human rights with impunity. Any assistance to the ESMAD probably is a violation of the Leahy Law—which prohibits U.S. funding to security forces implicated in human rights violations—and should remain so. WOLA strongly recommends that sales of crowd control materials to Colombia be suspended  pending evidence of stricter adherence to proper procedures for de-escalation and use of lethal and non-lethal force.


La violencia policial en Colombia es inadmisible, los legisladores estadounidenses deben tomar medidas

Desde el 28 de abril, miles de personas en toda Colombia han ejercido su derecho a la protesta, provocada por una controvertida reforma tributaria propuesta por el gobierno. Pero estos manifestantes han sido recibidos con una violencia inadmisible por parte de los miembros de la Policía Nacional de Colombia. La Oficina en Washington para Asuntos Latinoamericanos (WOLA) se complace en saber que el presidente Iván Duque ha retirado la propuesta, que habría supuesto una grave carga para la clase media a través de impuestos regresivos sobre las ventas. El retiro de la legislación le da al país la oportunidad de lograr un consenso sobre las formas de abordar la brecha fiscal del país, sin profundizar las desigualdades que fueron exacerbadas por la pandemia. También representa una victoria para los muchos colombianos que ejercieron su derecho a la protesta para garantizar la gobernabilidad democrática en Colombia. Tales protestas a gran escala, multisectoriales y regionales, eran muy poco comunes antes de los históricos Acuerdos de Paz de 2016 en Colombia.

A pesar de esta victoria, WOLA condena el uso desproporcionado de la fuerza utilizado contra los manifestantes por el Escuadrón Móvil Antidisturbios (ESMAD) y otras unidades policiales, así como las declaraciones hostiles de altos funcionarios y políticos influyentes. Muchas de estas figuras públicas reaccionaron a las protestas agravando la violencia, estigmatizando a los manifestantes y sirviendo a una agenda más amplia contra los Acuerdos de Paz, por ejemplo, atacando a la Jurisdicción Especial para la Paz (JEP).

Ante estos hechos, que han dejado decenas de muertos y heridos, WOLA pide al gobierno de Biden y al Congreso de Estados Unidos que condenar los excesos policiales, distanciar a Estados Unidos de la retórica incendiaria de los funcionarios, y exigir al gobierno colombiano reformar el ESMAD y que responsabilizar a quienes han violado los derechos humanos desde el inicio de las protestas el 28 de abril.

Ese día, la sociedad civil colombiana inició protestas nacionales contra una propuesta de reforma tributaria presidencial erróneamente titulada “ley de solidaridad sostenible.” Con divisiones entre múltiples movimientos sociales sobre si las protestas se debían realizar en medio de una grave ola de pandemia, al final, los esfuerzos flagrantes del gobierno por aplastar el derecho a la protesta impulsaron a miles de personas a salir a las calles en todo el país. La policía respondió de forma represiva haciendo un uso desproporcionado, y en varios casos letal, de la fuerza, con la justificación de que actuaba para restablecer el orden y detener los saqueos. Según datos recopilados por la Campaña para Defender la Vida, hasta el momento las fuerzas de seguridad pública son responsables de 21 homicidios, varios de los cuales eran jóvenes; 208 personas heridas, incluidos 18 casos de lesiones oculares graves; 42 agresiones y abusos cometidos contra defensores de los derechos humanos y periodistas; 10 casos de agresiones sexuales contra mujeres; y 503 detenciones, en su mayoría arbitrarias.

La respuesta de la policía fue particularmente brutal en Cali, Valle del Cauca, donde el viernes 30 de abril al menos 10 personas fueron asesinadas por la policía. Los problemáticos tuits del ministro de Defensa, Diego Molano, en los que igualaba a la Minga, una acción de protesta colectiva indígena pacífica, con ser terroristas, y los tuits del expresidente Álvaro Uribe, eliminados posteriormente por Twitter por violar las políticas de la comunidad que prohíben glorificar la violencia, en los que defendía el uso de armas de fuego por parte de la policía contra los manifestantes, alimentaron la represión contra estos. El sábado 1 de mayo, el presidente Duque anunció que desplegaría tropas en varias ciudades, una medida que fue rechazada por los alcaldes de Bogotá, Medellín y Cali. Dada la retracción de la reforma tributaria, esperamos que la militarización no tome lugar, pero el anuncio en sí es preocupante, ya que los soldados están entrenados para combatir, y no para distinguir entre manifestantes pacíficos y agitadores.

La respuesta de la policía a las protestas que tomaron lugar en todo el país en noviembre de 2019, septiembre de 2020, y abril a mayo de 2021, nos obligan a reexaminar la necesidad de mayor rigurosidad en condicionar a la protección de derechos humanos, la asistencia estadounidense que beneficia a la Policía Nacional de Colombia. El ESMAD no debe recibir asistencia de Estados Unidos, ya que tiene un historial atroz de cometer graves violaciones de los derechos humanos con impunidad. Cualquier ayuda al ESMAD probablemente sea y deberá seguir siendo considerada una violación de la Ley Leahy, la cual prohíbe la financiación estadounidense a fuerzas de seguridad implicadas en violaciones de derechos humanos. WOLA recomienda firmemente que se suspenda la venta de materiales antidisturbios a Colombia hasta que se demuestre una adhesión más estricta a los procedimientos adecuados para la desescalada y el uso de la fuerza letal y no letal.

Tags: Human Rights, police brutality, U.S. Policy

Colombian Government, U.S. Policymakers Must Protect Black Lives in Buenaventura

February 7, 2021
(AP Photo/Fernando Vergara)

(Statement cross-posted from wola.org)

Colombia’s largest port city, Buenaventura, saw a 200 percent increase in homicides in January, compared to the same time period last year. The killings are attributed to deep-rooted problems: state abandonment, systemic racism, and a lack of concerted investments in Afro-Colombian communities. 

These conditions have allowed illegal armed groups—who seek to control the Afro-Colombian civilian population—to violently dispute territorial control in efforts to advance illegal economies. These conditions work to serve powerful political and economic interests. While the state heavily militarized Buenaventura, this violence continues to take place due to corruption within the public forces, and among other local actors. Armed groups terrorize communities, many made of displaced persons from surrounding rural areas, by recruiting children, extorting local businesses and informal workers, and threatening or killing those who don’t follow strict curfews or “turf borders” (líneas invisibles). Recently, at least 400 people became internally displaced due to a lack of effective response by the national government to protect them.

Residents in the Buenaventura neighborhoods severely impacted by the armed groups’ horrific violence and restrictions are speaking out. Protests have taken place in the port city and in nearby Cali, with more planned in the coming weeks. The Colombian state has neglected to bring basic services—drinkable water, reliable electricity, adequate housing, health care, and schools—to Buenaventura. This neglect has long driven citizen responses: in 2017,  a general strike paralysed all activity in the port for nearly a month, amidst a brutal deployment of the ESMAD (anti-riot police) to forcibly repress the peaceful protests. During that civic strike, all sectors of civil society demanded that the national government care as much about the Afro-Colombian citizens of Buenaventura as it does for the economic benefits that port brings to the country’s commerce. Shortly after the strike, there was movement in implementing the agreements with the Civic Strike Committee (the civil society body representing protestors’ demands), but this slowed after the Iván Duque administration took power. 

Local authorities in Colombia must respect the right to peaceful protest, as communities continue to take to the streets to call attention to Buenaventura’s crisis of violence and poverty. Recent history shows that sending in the military to patrol the streets is not a sustainable, long-term solution for Buenaventura. What’s needed is a deeper reckoning with the wealth, housing, security, and many other disparities that affect Afro-Colombian livelihoods.  

President Iván Duque’s administration and future administrations need to prioritize investing in Buenaventura’s future in a way that is equitable and just. The government neglect, poor living conditions, and insecurity that affect Buenaventura are a longstanding expression of the structural racism that persists in Colombia.

U.S. policymakers have a role to play as well. The 2012 U.S.-Colombia Free Trade Agreement (FTA) helped drive massive construction projects to Buenaventura, but this has not benefited the city’s Afro-Colombians who continue living in extreme poverty. The U.S-Colombia Labor Action Plan, put in place to advance the FTA, includes ports as a priority sector whereby both countries agreed to improve labor rights and strengthen trade unions. In Buenaventura, the initial steps to improve port workers’ rights were quickly forgotten once the FTA came into fruition. The U.S. government should advocate for upholding port workers’ labor rights as committed in the FTA labor action plan. Additionally, to better protect Black and Indigenous lives in Colombia, the U.S. government should push Colombia to fully implement its 2016 peace accord, which contains commitments meant to address the country’s ethnic minorities that are entrenched in inequality and inequity.  

In Buenaventura, “the people know how they deserve to be treated as a people, they know what their collective dreams are, and they are working towards a collective and dignified life project,” said Danelly Estupiñán, a social leader with the Black Communities Process (PCN) who documents violence in the city and advocates for the rights of Afro-Colombian communities. Across Colombia, social leaders like Danelly are fighting for transformative change in Buenaventura and beyond. 

Support their work and protect their lives. Join WOLA’s #ConLíderesHayPaz campaign:

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Tags: Afro-Descendant Communities, ConLideresHayPaz, Human Rights, Security Deterioration, U.S. Policy

“Measuring the drug trafficking problem by cultivated hectares is a mistake”

November 27, 2020

WOLA’s Adam Isacson had a conversation this week about peace and security in Colombia with Juan Sebastián Lombo, a reporter from the Colombian daily El Espectador. That newspaper posted an edited transcript of the interview to its site on the evening of November 26. Here’s a quick English translation.

“Measuring the drug trafficking problem by cultivated hectares is a mistake”: Adam Isacson

By Juan Sebastián Lombo, El Espectador, November 26, 2020

For Adam Isacson, head of the Defense Oversight Program at the Washington Office on Latin America (WOLA), we must also talk about the absence of the state, poverty, inequality, corruption, and impunity.

Last Monday, Defense Minister Carlos Holmes Trujillo again referred to drug trafficking as “Colombians’ main enemy” and asked to restart glyphosate spraying to avoid clashes with growers protesting forced eradication. Amid many different responses, from the United States came a questioning of Trujillo’s position, pointing out that the Colombian government should see the real causes of drug trafficking.

The criticism came from Adam Isacson, director of the Defense Oversight Program at the Washington Office on Latin America (WOLA). For most of Isacson’s career, he has focused on Colombia as a subject of study and has even accompanied several peace processes with different organizations, including that of Havana with the FARC. In an interview with El Espectador, Isacson discusses his criticisms of the Defense Minister’s position, gives WOLA’s perspective on human rights in the country, and even discusses their monitoring of the case of former President Álvaro Uribe.

Why do you say that the main problem in Colombia is not drug trafficking?

They are confusing a symptom with the causes. Drug trafficking is a serious problem in Colombia and has been since the 1970s, but it is much more important to think about why this illegal business thrives so much in your country. It is as if someone had cancer, but only focused on the resulting headaches. Why doesn’t the Minister of Defense talk about the vast territories where the state doesn’t reach? That is where coca is easily planted and laboratories are located. Why doesn’t he talk about poverty and inequality? Why doesn’t he talk about corruption and impunity? All this is the oxygen that drug trafficking breathes. To speak only of drug trafficking as the cause of all problems is 1980s rhetoric that’s very discredited. No one makes policy nowadays seriously thinking that ending drug trafficking is going to end the rest of the country’s problems.

Is Colombia wrong to continue with the same strategy then?

If prohibition were dropped and drugs were regulated, Colombia would probably do much better. The country has a certain problem of addiction to drugs like cocaine, but not as much as larger consumer countries. What Colombia suffers is that because it’s an illegal business, the cost of cocaine is high and that feeds organized crime, which corrupts everything. If it were a low cost, regulated product like alcohol, it would not cause so many problems. What we don’t know is if in the rest of the world the damage would be greater if it were legalized. How many more people would become addicted? How many would neglect their children? How many would die from an overdose? All these harms aren’t known. In the United States we are experimenting with legal marijuana, which is a drug with fewer health hazards. There is a fear of experimenting with more addictive drugs such as cocaine, methamphetamines, heroin, among others. That’s why we have to say that one doesn’t know how it would go for the world as a while, but for Colombia specifically there would be a net benefit if cocaine were legalized.

You also talk about the coca growers and the government’s fixation on one of the weakest links.

Measuring the problem in hectares of coca cultivation is a mistake. A more useful figure would be the number of families forced to live off of that crop, that’s the figure that needs to be lowered. The United Nations, in 2017, revealed that there were at least 120,000 families, or half a million Colombians, living off coca, whether they were farmers, raspachines, processors, or others. That figure must be lowered by offering alternatives. The State must also reach the territories to offer services and legal economy alternatives. Eradicating does not reduce much the number of families that depend on coca, because replanting, and migration to plant elsewhere, are enormous. So the hectare number stays high. You have to really think about opportunities for those families. The security and governance situation where these families live is also an important issue.

WOLA has been following the peace process.

As has been documented by foundations, legislators like Juanita Goebertus, and the United Nations, there is a lot of work to be done on implementation. What is most behind schedule is everything having to do with the first chapter: rural reform and the state’s presence in the territory. Of course, Dr. Emilio Archila is doing what he can, with the resources he is given to implement the PDETs, but four years later, too much still just exists on paper, in plans, and in PowerPoint presentations. It has not been possible to implement the accord in many places, much less establish the physical presence of the state. This is a long-term issue, but so far they are far behind where they should be after four years of setting up implementation investment and personnel. The presence of the government in places like Bajo Cauca, Catatumbo, Tumaco, and La Macarena, among others, is not seen. In some places it is limited to the presence of troops, and often not even that. That’s what’s most lacking. In each chapter of the accord there are successes and failures. An important effort has been made in the demobilization and reintegration process, but more needs to be done, although it should be noted that well below 10 percent of ex-combatants have gone to the dissidents. The JEP and the Truth Commission are working, but they need more support and budget.

And with regard to crop substitution…

It’s a mixed picture. It’s something that the Duque government didn’t like. They stopped allowing the entry of new families [into the substitution program]. The current administration complains that the Santos government was making promises that could not be financed, and that is true. But the pace of delivery to families who committed to replacement has been too slow.

Since you were talking about the JEP before, how have you seen its work and the attacks from the governing party?

The JEP has always had the challenge that it is the product of a compromise, which does not satisfy anyone 100 percent. Everyone had to “swallow a toad.” The criticisms of the JEP are also because it was a reason the plebiscite was rejected, it was born weakened. In spite of that I believe that its magistrates have shown great professionalism and have built a fairly robust institution from scratch in only three years. They have not made any major political mistakes. Patricia Linares and Eduardo Cifuentes are upright, serious and professional people. With the last confessions of the Farc (Germán Vargas Lleras, Álvaro Gómez, and Jesús Bejarano) it has been shown that there is hope of revealing unknown truths, and this must continue. The most important challenge is that although most magistrates are great academics, they do not have political heavyweights to defend them. Another important element is that next year the first sentences will be handed down and it has not yet been defined how the ex-guerrillas and military personnel who have been prosecuted will be punished. This will be very important for the credibility of the JEP.

How does the organization view the human rights situation in Colombia?

We are seeing more massacres, more murders of human rights defenders and social leaders compared to the prior 10 years. We knew that the first years after the peace accord were going to be more violent than the last years of negotiation, but one would hope that, after that, institutions would adapt and justice would begin to function so that levels of violence would begin to diminish. But we aren’t seeing this, there is no significant increase in the number of convictions of the masterminds behind massacres and murders of leaders. When this impunity persists, the consequence is that the murderers feel free to continue killing.

The numbers continue to snowball. It is worrying that we see the rights situation worsening. There are elements within Ivan Duque’s government who are concerned, but there is no major action in the Ministries of Defense and Interior, the latter with the National Protection Unit. It remains to be seen whether the new Ombudsman will continue with the same energy as his predecessor, I hope so. We have to say out loud what the United Nations and other governments have said diplomatically: Colombia is not improving in human rights and there isn’t enough political will on the part of the government to do so.

Returning to the issue at hand, President Duque has said that drug trafficking is the main cause for the assassination of social leaders. Is there a possible truth here, or is this another simplification of the problem?

Drug trafficking is a source of funding, probably the main source of funding, for organized crime. That, often in collaboration with individuals in “legal” Colombia, is the main cause of the assassination of social leaders in Colombia. So it can be said that drug trafficking finances much of what Colombia is experiencing, but organized crime also lives from extortion, kidnapping, human trafficking, illegal mining and so many other things that require control of a territory, which the state is not disputing.

I would also add that the organized crime groups behind all these human rights violations are a much more difficult enemy to combat than the FARC. The FARC at least tried to fight the state, but these groups prefer not to do that: they seek to have relations with the State, with local landowners, with local political bosses. They prefer to bribe and coerce the authorities instead of fighting them. This makes them harder for a state to combat, because its own institutions are infiltrated in a way that the Farc never managed to do. That’s why it must be said that to get rid of a few kilos of cocaine, while these organizations live off other businesses and infiltrate institutions, is very simplistic. I don’t know who would be fooled by such facile arguments.

Regarding Joe Biden’s victory in the United States, can this change the Colombian government’s position or actions?

I don’t know, because the Biden government places a high value on the bilateral relationship. It’s going to continue aid as usual and many of the counter-narcotics programs will continue as before. Trade is not going to be touched, it will probably expand. Colombia and the United States, as a country-to-country relationship, will be fine. But the Democratic Party and the Centro Democrático aren’t fine. Colombia saw Biden’s advisors and Democratic Party members calling on members of its ruling party to stop campaigning in Florida and to stay away from the U.S. presidential campaign.

Trump won Florida and two south Florida Democrats lost their seats, so there’s no love lost with the Centro Democrático. While the bilateral relationship will remain close, Biden and the Democrats will find ways to be a nuisance to the Centro Democrático. They are sure to talk more about issues that the Duque government would rather not touch, like implementing the peace accord, protecting social leaders, cleaning up the Army after so many scandals. They might even speak out about the Uribistas’ attempts to weaken the judicial system in the case of their leader.

Speaking of the Uribe case, WOLA announced it would do special monitoring of this judicial process. Why does a judicial action against a former president for alleged manipulation of witnesses have such importance and international relevance?

For Colombia it’s an important case because it is a great test for the independence of the judiciary and the principle that no one is above the law. This process would also answer many questions about the past of Álvaro Uribe and his associations. It is an opportunity to learn the truth about the rumors of his possible relationship, and those of his closest associates, with paramilitarism. All of these things must come out through a legal process. It is a great test for Colombian democracy. We are experiencing something similar here with our outgoing president. We are going to see if the legal and ethical violations he has committed can be prosecuted by our justice system.

In four months of monitoring, what have you observed?

Nothing new has emerged for us. When we say that we are doing monitoring, it does not mean that we have investigators on the ground. Although there is something of concern: that Uribe’s family has hired a lobbyist here. We have seen that a former Florida congressman has published some things attacking Ivan Cepeda. They have sought to educate other Republicans in favor of Uribe. What is worrying about this is that they are looking to create solidarity between politicians with a populist and authoritarian tendency. A “Populist International” is being formed, and we see this in this effort to name a street after Alvaro Uribe or to issue tweets celebrating his release from house arrest. It is a sign that they don’t care about justice but about authoritarianism. The Bolsonaristas in Brazil are part of this too.

Tags: Compliance with Commitments, Human Rights, Illicit Crop Eradication, Stabilization, U.S. Policy, WOLA Statements

The Cooperation Space for Peace Condemns Widespread Instances of Police Brutality in Bogotá

September 29, 2020

On September 21, WOLA and 43 other international civil society organizations published a statement condemning widespread instances of police brutality during the recent demonstrations in Bogotá. The demonstrations were prompted by the September 9 police killing of Javier Ordóñez, which State forces responded to with disproportionate use of force against civilians exercising their rights.

According to the statement, 13 deaths were recorded, more than 400 people were injured (72 instances from firearms), and three women were sexually assaulted.

The several recommendations for the international community proposed by the organizations include: rejecting violence during peaceful demonstrations, providing sufficient guarantees for political participation, accompanying the peace process and the implementation of the 2016 accord, monitoring cases of police abuse, and supporting processes that contribute to an active and informed civic culture.

The full statement is available here.

Tags: Human Rights, Politics of Peace, Security

Action Required to Stop Massacres and Violence in Colombia

September 23, 2020

(Cross-posted from wola.org)

We remain extremely concerned about the violence taking place in Colombia namely massacres, killings and attacks against social leaders, and the abuses committed by the police in recent social protests. We encourage you to view the video of our recent Spanish-language event Social Leaders’ Perspectives on Colombia’s Recent Massacres (Perspectivas de líderes sociales sobre las recientes masacres en Colombia) to hear the perspectives and recommendations of social leaders from some of the regions most impacted by the violence. Also, we urge that you publicly condemn these violations and urge the Colombian authorities to bring the perpetrators to justice.

Below are incidents reported to WOLA since July:

Massacres

Three Massacres in a Day (Bolívar and Antioquia)
On September 7, 12 Colombians were victims of three separate massacres that occurred in the span of 24 hours. The assassinations occurred in the municipalities El Carmen de Bolívar and Simití in the Bolívar Department and Zaragoza in the Antioquia Department. The Ombudsman’s Office had alerted authorities to the increased presence of the Gaitanista Self-Defense Forces (Autodefensas Gaitanistas de Colombia, AGC) in Bolívar and Antioquia and the risks their presence poses for civilians in these areas.

Three Men Killed (Cauca)
On September 5, El Espectador reported that three corpses were found tied up and abandoned in public view in Seguengue. Officials are in process of identifying the identities of the victims. This massacre occurred less than 24 hours after another massacre in Santa Fe (Nariño).

Another Massacre in Southwestern Colombia (Nariño)According to El Espectador, on September 4, four victims who died from gunshot wounds were found in the Santa Fé hamlet of the Buesaco municipality. El Tiempo identified the victims as 29-year-old Luis Alberto García Caicedo, 24-year-old Carlos Alfredo Rosero, 36-year-old José Omar Castillo Ojeda, and 25-year-old Johan Wayner Ángulo. Over six massacres were recorded in Nariño in the past month. While media reports classify the incident as a massacre, the government deployed an elite unit to search and identify the perpetrators of what it classifies as “collective homicides”. Preliminary investigations have not identified the perpetrators, but investigators believe that the deaths are a result of armed disputes about drug trafficking among illegal armed groups. State officials revealed that García Caicedo was a former ELN combatant who was under house arrest for charges related to arms trafficking. Rosero had charges against him for drugs and arms trafficking. State officials were also investigating Castillo Ojeda for intrafamily violence and Ángulo Martínez for fraud.

Three Adolescents Murdered in Another Massacre (Antioquia)
On August 23, two masked perpetrators on motorcycles shot at five people in Venecia, a town located southwest of Medellín. The attack killed three adolescents: a 19-year-old, an 18-year-old, and a 15-year-old. Blu Radio reported on August 24 that an investigation is underway, and authorities believe narcotrafficking gangs are responsible for the massacre.

Civil Society Denounces Massacres and Pleads with Government for Multilateral Ceasefire
On August 22, over 91 civil society groups and community action boards from southwestern Colombia published a statement addressed to President Iván Duque denouncing a recent spate of massacres. Since March 16, the signatories have requested on several occasions that the government call for a multilateral ceasefire and implement a humanitarian agreement. The signatories argue that calling for a multilateral ceasefire will help stop the ongoing massacres across the country.

Massacre Leaves Six People Dead (Cauca)
On August 21, a FARC dissident group known as the ‘Second Marquetalia’ allegedly killed six people in the municipality of El Tambo. El Tiempo reported that local officials found the bodies of the six individuals in a remote area known for disputes among armed groups for control of drug trafficking routes. According to community accounts, the six victims planned to attend a municipal meeting.

Rural Massacre (Arauca)
On August 19, unidentified gunmen assassinated five persons, who locals believe were Venezuelan, in a rural part of Arauca. Meridiano 70 reports that the incident could be linked to a robbery that was reported a few days prior.

Three Indigenous Adolescents Massacred (Nariño)
The Awá Major Council of Ricaurte (Organización Cabildo Mayor Awa de Ricaurte, CAMAWARI) mourned the August 17 assassinations of three Awá adolescents that took place in the Pialambí Pueblo Viejo Indigenous reserve. CAMAWARI reported that despite pleas they have made to the government asking for protection since April 2020, systemic murders continue to take place. The Indigenous urge the government to implement the orders of the Constitutional Court and the precautionary measures issued to protect their communities by the OAS. Effective investigations by the regional government and the offices of the Human Rights Ombudsman, Public Prosecutor, and Attorney General are required. CAMAWARI urges the National Protection Unit to provide protective measures to the communities under threat.

Five Afro-Colombian Teens Brutally Massacred (Valle del Cauca)
The National Association for Displaced Afro-Colombians (Asociación Nacional de Afrocolombianos Desplazados, AFRODES) published a statement decrying the brutal massacre of five Afro-Colombian teens in Llano Verde on August 11. Llano Verde is a neighborhood located in eastern Cali where thousands of families, who were displaced due to the internal armed conflict, reside. The victims of the massacre included Luis Fernando Montaño, Josmar Jean Paul Cruz Perlaza, Álvaro Jose Caicedo Silva, Jair Andrés Cortes Castro, and Leider Cárdenas Hurtado. All of them were between the ages of 14 and 18. Evidence of torture was found on their bodies. They were also shot with firearms and one victim had his throat slit. AFRODES calls on the authorities to not only conduct a thorough investigation leading to the prosecution of those responsible for these crimes but to also investigate the racial dimensions of this massacre.

On August 13, WOLA echoed AFRODES’ requests and urged the Colombian government to make justice, peace, and rights-respecting investment for ethnic communities a national priority. WOLA has reported on the insecurity and abuses taking place in Llano Verde and lack of effective efforts on the part of the authorities to properly protect and assist displaced communities for the past 10 years. WOLA also urges U.S. and Colombian authorities to bring the intellectual perpetrators of this crime to justice and provide effective protection for the family members of the murdered youth and the AFRODES leaders and members living in this community.

On August 26, AFRODES rejected the systematic violence enacted upon Afro-Colombian communities, including the assassination of social leaders in Valle del Cauca. According to AFRODES, Cultural House Association of Chontaduro (Asociación Casa Cultural El Chontaduro), Other Black Women and… Feminists! (otras negras y… ¡feministas!), Diverse Women (Mujeres diversas), Anti Racist Resistance (Resistencia antirracista), and “Cimarroneando” the Verb (Cimarroneando El Verbo) over 200 youths have been murdered in Llano Verde in the past seven years.

Attacks against Social Leaders

Tags: Human Rights, Human Rights Defenders, Public Health, Security Deterioration

In a nation on edge, officials are in denial

September 18, 2020

It was stunning to see, over the past weekend, top Colombian officials start pushing the narrative that “the ELN and FARC dissidents” were behind last week’s confrontations between police and thousands of citizens all over Bogotá. This seems bizarre and removed from reality, but they continue to promote it.

A September 8 mobile phone video showed Bogotá police administering repeated electric shocks to Javier Ordóñez, a lawyer in his 40s, as he begged them to stop. Ordónez died of blows to his skull later, in police custody. The images triggered citywide protests on September 9 and 10. Some of them were violent: the police reported nearly 200 agents wounded, and 54 CAIs—small posts set up as a “community policing” model around the city—were defaced, vandalized, or destroyed.

These numbers would have been lower had the police employed their profession’s “lessons learned” about crowd control, practicing de-escalating techniques. Instead, they did the opposite: they escalated aggressively.

Police in Bogotá and the poor neighboring municipality of Soacha killed 13 people on the nights of the 9th and 10th, and wounded 66, some of them with firearms. Widely shared videos showed cops beating and kicking people who were already on the ground, shooting rubber bullets into subdued people at pointblank range, and discharging their firearms indiscriminately. Bogotá Mayor Claudia López, whose direct orders to the police were ignored, gave President Iván Duque a 90-minute video compiling citizen-recorded examples of this brutality.

You’d think that the people running Colombia right now would want to treat what happened last week very seriously. They’re governing one of the most unequal societies on the planet, and it’s on the edge right now. In Bogotá, a city of 8 million, people in the middle, working, and “informal sector” classes were already angry at stagnating living standards and an out-of-touch government. Last November, they participated in the most massive protests that the city had seen in more than 40 years (which the police also, at first, escalated violently).

Their situation has grown desperate after a six-month pandemic lockdown that pushed millions out of work (or out of informal-sector subsistence), and back into poverty. People are hurting. Anxiety, stress, and mental health issues are off the charts. The police, too, are frayed after enforcing semi-quarantine for so many months.

With all that going on, if a foreign analyst were to claim that last week’s protests were the artificial result of “guerrillas” or coordinated agitators, the proper response would be “you don’t understand this country, and its complexities, at all.” It defies all belief that the ELN and FARC dissidents could have orchestrated an uprising in Bogotá on the scale of what we saw on September 9 and 10. But that is the narrative that officials like Defense Minister Carlos Holmes Trujillo and Peace Commissioner Miguel Ceballos are pushing.

As Ariel Ávila of the Peace and Reconciliation Foundation said, if that were true, it would’ve been the guerrillas’ largest coordinated operation in Bogotá in the armed conflict’s history. Today, the ELN has 2,400 members and a support network of another 4,000 or 5,000. Over 20 “dissident” groups led by former FARC members, which often fight each other and the ELN, have a cumulative membership of 2,600 plus about 2,000 in support networks. These 11,000-12,000 people are scattered across several vast rural regions in Colombia and Venezuela. Their urban presence is minimal: most have probably never seen one of Colombia’s major cities.

They do have toeholds in Bogotá, and some of their members may have participated in, and egged on, crowds in some of the Bogotá protest actions. But this disunited collection of bands, most of them focused on narcotrafficking and illegal rent-seeking, are obviously not the masterminds of what happened in Bogotá.

There were no masterminds. There is, instead, a population pushed to the edge by economic uncertainty and a perception that the government doesn’t care. For most, emergency assistance has totaled only about US$40 to US$70 since COVID-19 measures began. More often, their interaction with government has been with the police enforcing lockdowns, at times harshly. The likelihood of a social explosion has been one triggering event away. There’s no need for guerrillas to manage it.

Taking this reality seriously, though, is hard, especially for people in the thick-walled bubble of Colombia’s clase dirigente. The sectores populares—the poor and lower-middle class, and the middle class who have fallen into poverty during the pandemic—are so distant as to be abstract. When you’ve placed your faith in the free market, in a technocratic oligarchy, and—if that fails—in the security forces, then it’s hard to stare in the face of a reality like “an immense number of people are hungry, scared, frustrated, and angry at you.”

These people need empathy right now. But Colombia’s political system isn’t set up for empathy, especially not under its current management. Instead, police fired indiscriminately into fleeing crowds as though they’d never had a day of training in their lives. That response calls into question the viability of institutions. It calls into question the assumptions underlying longstanding economic and security policies.

Instead of empathy, leaders are reaching for the tried-and-true “it was the guerrillas” narrative. It’s a common reflex. Here in the United States, factotums at the White House and Homeland Security don’t lose an opportunity to blame anti-racism and anti-police brutality protests on fictional or marginal “anarchist” or “Antifa” groups. Though most people don’t believe that, it’s rich fodder for a large minority whose views come from what they read and share on FOX News, Facebook, and WhatsApp.

In Colombia it’s the same thing, but mixed in with a perverse nostalgia for the armed conflict and its simplicity. For decades, guerrillas gave Colombia’s political elite a perfect go-to excuse whenever elements of civil society came forward with strong grievances. Just label them as terrorists, (or “spokespeople for terrorists” in Álvaro Uribe’s famous phrase): people aligned with the FARC, which until 2016 was Colombia’s largest guerrilla group by far. It usually worked: social movements had the oxygen (in the form of media attention and legitimacy in mainstream public opinion) sucked out of them.

When the FARC disappeared along with the peace accord, though, so did that convenient scapegoat. Today, when politicians want to de-legitimize a political adversary, the collection of bands now active in the countryside just isn’t as compelling. But apparently, that’s not going to stop them from trying.

Bogotanos say they’ve never seen this face of the government before. “Police shooting in the streets of Bogotá at fleeing people, like rabbits from a hunter,” writes veteran columnist and author Cecilia Orozco in El Espectador. “Even those of us who are older don’t remember having seen, in urban scenarios, such openly defiant conduct from state agents who aren’t hiding their identities.”

Colombians of a different social class, of course, see that on a regular basis. Indigenous people in Cauca say it’s common. So do displaced Afro-descendant communities in marginal neighborhoods like Aguablanca, Cali. Communities opposing forced illicit crop eradication are constantly documenting cases of aggression and inappropriate force.

This kind of authoritarianism and arbitrariness, of escalation and lack of empathy, has long marked poor and marginalized parts of Colombia. What’s new, perhaps, is its abrupt arrival in Bogotá’s middle and working class neighborhoods. And it’s happening just as the pandemic knocks millions out of the middle class (back) into poverty.

Think about that. Already, many Colombian analysts are sounding alarms about mounting authoritarianism. They see a weakening of checks and balances: a narrow congressional majority for the ruling party built with political favors, close presidential allies now in charge of the prosecutor’s office and other oversight bodies, and an ongoing assault on the independent judiciary that intensified after ex-President Uribe was put under house arrest in early August.

A backlash is underway from the people running Colombia, the people who are so slow to show empathy, but so quick to deny reality with fairy tales about guerrillas orchestrating mass protests. Last week gave us a vicious preview of what that backlash might look like once it consolidates.

New national protests are called for Monday. Even though neither the ELN nor guerrilla dissidents are in evidence, don’t expect a democratic or reasoned response on the streets of Bogotá.

Tags: Bogotá, Human Rights, Politics of Peace

The relationship between Colombia and the United States could change soon

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”

(Commentary cross-posted and translated from Razón Pública)

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 told Business 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 told Business 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, including El Tiempo, El Espectador, and Semana. 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.

Tags: Human Rights, Illicit Crop Eradication, Military and Human Rights, Social Leaders, U.S. Aid, U.S. Congress, U.S. Policy

Colombia Update: The State of Peace and Human Rights Amid the Pandemic

August 5, 2020

(Cross-posted from wola.org)

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. 

Related to the peace process, we share with you WOLA’s response to the recent interview President Duque gave to The Hill: Congress Should Be Alarmed by Colombia’s Crumbling Peace

Human Rights Abuses

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.

Tags: Human Rights, Human Rights Defenders, Public Health, Security Deterioration

Ongoing Legal Process Against Uribe an Important Advance for Justice and Accountability in Colombia

August 4, 2020

(Press release cross-posted from wola.org)

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.”

Tags: Human Rights, Justice System, Politics of Peace