Updates from WOLA tagged “Illicit Crop Eradication”

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

Forced Coca Eradication Operations amid the COVID-19 Crisis: Letter to the Colombian Government

April 1, 2020

On March 30, 2020, the Action for Change (Acciones para el Cambio – APC) coalition published a letter addressed to the Colombian government urging it to stop forced coca eradication operations amid the COVID-19 public health crisis. The letter encourages the government to instead enforce quarantine measures to prevent the spread of the virus among vulnerable farmer communities.

Despite calls to follow quarantine measures, the Government of Colombia has continued forced coca eradication operations in the Catatumbo region and the departments of Caquetá and Putumayo. These operations, the letter states, violate voluntary substitution agreements signed with farmer communities within the framework of the peace accord.

The letter also highlights the increased use of force and violence against farmers and condemns the murders of Marco Rivadeneira and Alejandro Carvajal. Here is the English text of the letter:

THE ACTION FOR CHANGE (ACCIONES PARA EL CAMBIO – APC) COALITION CALLS ON THE NATIONAL GOVERNMENT TO SUSPEND FORCED ERADICATION OPERATIONS DURING THE COVID-19 CRISIS TO GUARANTEE THE RIGHTS OF RURAL POPULATIONS

The COVID-19 pandemic places the Colombian State in a unique situation, in which it must implement rigorous measures to contain the spread of the virus and guarantee its citizens the right to life, health, and survival.

Despite the measures implemented by the national government to address the emergency, several organizations in the Catatumbo region and the departments of Caquetá and Putumayo have denounced intensified forced coca eradication operations, specifically in municipalities where collective agreements were signed under the Comprehensive National Program for the Substitution of Illicit Crops (Programa Nacional Integral de Sustitución de Cultivos de Uso Ilícito, PNIS). To date, the national government has not fully complied with these agreements. Such noncompliance, coupled with uncertain isolation measures to combat the COVID-19 pandemic, has in recent days caused a number of violations to rural populations’ rights.

Amid the national quarantine on March 19, Marco Rivadeneira was assassinated in the Nueva Granada territory, located in Puerto Asís municipality, Putumayo. Marco was a prominent leader who promoted the substitution of crops in the department and sought alternatives for those who had been left out of crop substitution programs. According to data from the Coordinator for Coca, Marijuana and Poppy Growers (Coordinadora de Cultivadores de Coca, Marihuana y Amapola, COCCAM), Marco Rivadeneira’s murder raises to 60 the total number of people killed for leading crop substitution processes in Colombia. Three days after that, on March 22, the arrival of state forces was denounced, as they began to fumigate coca crops with glyphosate using manual spray pumps.

According to public complaints from the COCCAM and the Departmental Coordinator of Social, Environmental and Peasant Organizations of Caquetá (Coordinadora Departamental de Organizaciones Sociales, Ambientales y Campesinas del Caquetá, COORDOSAC), since March 23 in Caquetá, members of the National Army have carried out forced eradication operations using force and gunfire against farmers. Despite the public health crisis, these operations are occurring in the Palestina, Inspección Unión Peneya territory in Montañita municipality.

Finally, according to information from the Peasant Association of Catatumbo (Asociación Campesina del Catatumbo, ASCAMCAT) and the COCCAM, Alejandro Carvajal was killed by members of the National Army in the context of forced and violent eradications last Thursday, March 26. This assassination occurred in the territory of Santa Teresita, La Victoria, which forms part of Sardinata municipality in Norte de Santander. The National Army has already assumed responsibility for said killing. 

Faced with the aforementioned context, the APC coalition urges the Colombian government to:

  1. Investigate the incidents and punish those responsible for the killings of Marco Rivadeneira and Alejandro Carvajal. Additionally, investigate and punish the members of the National Army who use threats and force against rural populations in Catatumbo, Caquetá, and Putumayo.
  1. Implement the mandatory, preventative measures ordered by the President and suspend forced eradication efforts to prevent the spread of COVID-19. The rural population is already at risk and its right to health and food security needs to be guaranteed.
  1. Respect and advance compliance with voluntary substitution agreements signed with farmer communities.

SIGNED

THE ACTION FOR CHANGE (ACCIONES PARA EL CAMBIO – APC) COALITION

Tags: Attacks on social leaders, Caqueta, Catatumbo, Coca, coronavirus, Illicit Crop Eradication, Putumayo

Over 21 International Civil Society Organizations Urge the Colombian Government to Investigate the Assassination of Marco Rivadeneira

March 25, 2020

On March 25, over 21 international civil society organizations signed a letter calling on the Government of Colombia to investigate the assassination of Marco Rivadeneira, a community leader from Putumayo, Colombia. Social leaders like Rivadeneira – who strive to fully implement the 2016 Peace Accords – continue to be targeted for working valiantly to bring human rights protections and peace to their communities. Sadly, Rivadeneira was killed on March 19, 2020, by three armed men who entered a meeting where he was discussing voluntary eradication agreements between farmers and the Colombian government.

The letter urges the Colombian government to effectively investigate and prosecute the assassinations of social leaders, especially amid the emergency situation created by the COVID-19 pandemic. The letter also calls on the U.S. government to vigorously support the Peace Accord implementation in Colombia. You can read the English version of the letter below. (Versión en español).

International Civil Society Organizations Call for the Colombian Government to Investigate Killing of Marco Rivadeneira and to Protect Human Rights Defenders
March 25, 2020

We are grieved to learn of the death of Marco Rivadeneira, a community leader in Putumayo, Colombia. Rivadeneira was killed on March 19, 2020, by three armed men who entered a meeting where Rivadeneira and other community members were discussing voluntary eradication agreements between farmers and the Colombian government.

Rivadeneira was a human rights defender, a promoter of the peace accords, and a proponent of voluntary coca eradication efforts in his rural community. He was a leader of the Puerto Asis Campesino Association and a representative to the Guarantees Roundtable (a process intended to protect human rights defenders). Rivadeneira was also the representative of his region for the national network of 275 Colombian human rights groups known as the Coordinación Colombia Europa Estados Unidos. Coordinación and its members are close partners of many of our organizations.

This killing “underscores once again the lack of security guarantees for the work of human rights defenders and the lack of political will on the part of the Colombian government to dismantle the criminal structures and paramilitary organizations that continue to attack social leaders and those who defend peace in the countryside,” as Coordinación asserts. The Coordinación urges the government to act decisively to ensure that “enemies of peace” do not use the emergency situation created by the COVID-19 virus to continue to exterminate social leaders.

107 social leaders were assassinated in 2019, according to the UN High Commissioner for Human Rights office in Colombia. One out of three human rights defenders killed in 2019 (documented by Frontline Defenders) was from Colombia. 2020 has started off with a wave of violence against them.

We urge the Colombian government to ensure this crime is effectively investigated and prosecuted and to communicate what steps are being taken to bring the perpetrators to justice. We also urge the Colombian government to provide effective guarantees for human rights defenders, social leaders, and those working to build peace in Colombia. This starts with the vigorous implementation of the 2016 peace accords in Colombia, including convoking the National Commission of Security Guarantees to create and implement a plan to protect communities and social leaders at risk.

We urge the U.S. government to vigorously support peace accord implementation in Colombia. This includes adhering to the drug policy chapter of the accord which mandates working closely with farming communities to voluntarily eradicate and replace coca with government assistance, rather than returning to ineffective and inhumane aerial spraying programs.

Colombia must not lose more leaders like Marco Rivadeneira who have worked so valiantly to bring human rights protections and peace to their communities.

Tags: Attacks on social leaders, Human Rights, Human Rights Defenders, Illicit Crop Eradication

U.S.-Colombia Anti-Drug Plan Pushes Failed Policy of Aerial Fumigation

March 6, 2020

Here’s the text of a press release posted this morning to wola.org. (Versión en español) And below, a 2-minute video from Adam Isacson, WOLA’s director for defense oversight.

Washington, D.C.—On March 5, the United States and Colombian governments reaffirmed a bilateral agenda aimed at halving the cultivation and production of coca in Colombia by 2023. The announcement, which reflects growing alarm about record-high rates of coca cultivation and cocaine production, pushes an anti-drug strategy that includes the aerial herbicide spraying of coca-growing zones from spray aircraft dispensing the herbicide glyphosate. This policy risks causing serious harm: it may push some of Colombia’s poorest citizens deeper into poverty, generate violence and unrest, harm the environment, and detrimentally impact efforts to implement Colombia’s 2016 peace accords.    

“It’s clear that the United States is pushing for aerial fumigation, and that they’ve found a willing partner in Iván Duque,” said Adam Isacson, Director for Defense Oversight at the Washington Office on Latin America (WOLA). “What both countries are ignoring is the lack of evidence supporting aerial fumigation as an effective long-term drug control strategy. The plan also ignores the very real possibility that restarting fumigation will result in grave consequences for communities in vulnerable situations.”

For public health reasons, Colombia suspended a U.S.-backed aerial fumigation program in 2015, after 21 years and 4.4 million acres (1.8 million hectares) sprayed. But from 1994 to 2015, mass campaigns of aerial fumigation in Colombia were the cornerstone of U.S. drug policy in the region. It took at least 13 acres of spraying (some estimates go as high as 32 acres) to reduce coca-growing by one acre—and years of evidence showthose gains were not permanent. In areas absent of government presence, with no farm-to-market roads, land titles, or even basic security, replanting happens quickly after spraying, even if there is an initial reduction in coca acreage. A Government Accountability Office (GAO) report published in 2018 found that coca farmers had adopted easy ways to counter mass campaigns of aerial spraying. 

“Aerial fumigation is a short-term tactic with no long-term results, like losing weight on a crash diet only to gain it again,”said Isacson. “The regions where families plant coca need basic government services: roads, food security, an effective police force. Sending police and contractors to anonymously spray herbicides from overhead is the direct opposite of what those government services should look like.”

The potential costs of aerial fumigation are significant. Past WOLA research in the region has documented how aerial fumigation displaces ethnic communities and destroys food security. Another concern is social discord in coca-growing areas: about 120,000 Colombian households currently make a living from growing coca, earning an average of $130 per month. There is also the question of environmental harm and potential health damage, as a growing number of studies point to a potential link between glyphosate and forms of cancer. A 2015 literature review published by the World Health Organization found that glyphosate, the chemical used in aerial fumigation, was “probably carcinogenic to humans.”  

“The accords already provide for crop substitutions, economic opportunities in rural areas, and social development. The Duque government needs to uphold these commitments, not restart a failed and risky aerial spraying program,” said Gimena Sánchez-Garzoli, Director for the Andes at WOLA. “Rather than pressure Colombia to fumigate, the United States should instead encourage President Duque to quit dragging his feet on the full implementation of the 2016 peace accords.”

“It’s incredibly frustrating. We have this historic opportunity to provide avenues for economic and social development thanks to the 2016 peace accords, and both President Duque and the United States are ignoring it,” added Sánchez-Garzoli. “Instead, they want to bring back fumigation. Imagine, for some of the people living in these regions, a police plane dropping glyphosate on their communities could be the first evidence of state ‘presence’ they see since the accords were signed in 2016.” 

Adam Isacson explains why we can’t spray our way out of Colombia’s coca cultivation challenges.

Tags: Coca, Drug Policy, Illicit Crop Eradication, U.S. Policy

Notes on the UN High Commissioner for Human Rights’ Annual Report

February 29, 2020

On February 25 the Colombia office of the UN High Commissioner for Human Rights (OHCHR) released its annual report on the human rights situation in Colombia. It is a very useful document, full of hard-to-obtain statistics. It also makes some reasoned, high-credibility judgments about controversial topics like implementation of the peace accord and government efforts to protect threatened social leaders.

The Colombian Government didn’t like the report. President Iván Duque criticized “imprecisions” and “not telling the truth” about the government’s performance in implementing the FARC peace accord’s rural provisions, adding that the report’s recommendation that the National Police pass from the Defense Ministry to the Interior Ministry was an “infringement of sovereignty.” High Counselor for Stabilization Emilio Archila, who is charged with implementing many peace accord commitments, said “I have no problem with being told that things are being done badly, but blunders [chambonadas] like this don’t lead to anything.”

This is not the first time that Colombia’s government and the OHCHR have had public disagreements since the office’s establishment in 1996. This won’t be the last time, either. The Office’s injection of inconvenient facts and perspectives into the high-level debate shows why its continued presence in Colombia, with a strong mandate, is so important.

Here are some highlights from the report:

On attacks on social leaders and human rights defenders

In 2019, OHCHR documented 108 killings of human rights defenders, including 15 women and two LGBTI defenders.

The Timely Action Plan initiated by the Ministry of Interior in December 2018 was developed to improve such coordination. To increase the effectiveness of this Plan, broader and more sustained participation of regional authorities and civil society should be prioritized.

Killings of women human rights defenders increased by almost 50 per cent in 2019 compared to 2018.

Of the 108 killings documented by OHCHR, 75 per cent occurred in rural areas; 86 per cent in municipalities with a multidimensional poverty index above the national average; 91 per cent in municipalities where the homicide rate indicates the existence of endemic violence; and 98 per cent in municipalities with the presence of illicit economies and ELN, other violent groups and criminal groups. Fifty-five per cent of these cases occurred in four departments: Antioquia, Arauca, Cauca and Caquetá. The sectors most affected continued to be those defending the rights of communities and ethnic groups, amounting to 65 per cent of all killings and sustaining a trend documented by OHCHR since 2016.

OHCHR continued to document attacks against representatives of Community Action Councils (JACs). 16 Especially in rural areas, JACs serve as the main body for communities’ political participation and the promotion of development and human rights initiatives. While noting a significant reduction from 2018, when it verified 46 cases, OHCHR documented 30 killings of representatives of JACs in 2019.

On the government’s response to these attacks

OHCHR appreciated the efforts of the Office of the Attorney General to investigate the cases it reported and noted some progress in 55 per cent of these cases, all of which occurred between 2016 and 2019. However, challenges persisted in the prosecution of intellectual authors of attacks against human rights defenders. The accused had been convicted in 16 per cent of the cases; 20 per cent were at trial stage; indictments had been issued in 7 per cent of cases; and a valid arrest warrant had been delivered in 11 per cent of cases.

The National Commission on Security Guarantees should be more regularly convened in order to fulfill its full role pursuant to the Peace Agreement, particularly concerning the dismantlement of criminal groups that succeeded the paramilitary organizations and were often responsible for killings of human rights defenders.

The Intersectoral Commission for Rapid Response to Early Warnings (CIPRAT) should sharpen its focus on human rights defenders, especially by defining coordinated and concrete measures to implement actions based on recommendations of the Ombudsman’s early warning system.

The Ministry of Interior’s National Protection Unit (UNP) made significant efforts to respond to the extraordinarily high demand for individual protection measures. Still, measures granted were not always adequate for the rural contexts in which most human rights defenders were killed. In 2019, six human rights defenders were killed in rural areas of Cauca, Chocó, Nariño and Risaralda despite protection measures. Prevention and early warning should be prioritized over temporary, individual and reactive protection measures, which do not address the structural causes behind the attacks.

OHCHR highlights the need to increase collective protection measures. Such measures constitute a prevention mechanism, inasmuch as they seek to address risks faced by communities and organizations through the coordination of different authorities to advance human rights guarantees. Whereas the 2019 budget for collective protection measures represented merely 0.22 per cent of the budget of UNP, the implementation of collective protection measures was often hampered by coordination issues between national, departmental and municipal institutions.

On the military and human rights

OHCHR documented 15 cases of alleged arbitrary deprivation of life in Antioquia, Arauca, Bogotá, Cauca, Guaviare, Meta, Nariño, Norte de Santander, Santander and Valle del Cauca. This was the highest number of such cases OHCHR recorded since 2016. In 13 cases, the deaths appeared to have been caused by unnecessary and/or disproportionate use of force. According to information documented by OHCHR, in 11 cases the deaths occurred in military operations related to public security involving anti-narcotics and law enforcement activities. In six cases, the deaths were preceded by law enforcement activities that potentially could have allowed for the arrest of the suspects and thus avoided their killing. In one case, OHCHR observed that weak command and control appeared to result in the killing and attempted enforced disappearance of one person. The military was allegedly responsible in 10 cases and the police in four, while there was alleged joint responsibility for one killing. In all 15 cases, the Office of the Attorney General initiated investigations, but these did not appear to follow the Minnesota Protocol.

OHCHR documented cases of alleged arbitrary deprivation of life by members of the military and police. In following up on these cases, OHCHR was concerned that the military criminal justice system continued to request jurisdiction over such investigations. In some instances, the Office of the Attorney General even referred cases to the military justice system. In the case of El Tandil, Nariño, the Office of the Attorney General did not take the necessary actions to retain the case within its jurisdiction.

On blurring the lines between military and police

OHCHR observed an increased resort to the military to respond to situations of violence and insecurity. Despite existing protocols, norms and public policies regulating the participation of the military in situations related to public security, these were not fully applied in a range of settings, such as in rural areas in Arauca, Antioquia, Caquetá, Cauca, Córdoba, Cesar, Chocó, Meta, Nariño and Norte de Santander. Nor were they fully applied in urban centres, such as Convención, Medellín, Santa Marta and Valledupar, where the military conducted anti-narcotics operations and other law enforcement activities. Military training, equipment and the nature of military duties are inappropriate in such circumstances. According to police statistics, homicides increased in municipalities in Arauca, Norte de Cauca, Catatumbo and Sur de Córdoba, despite an increased military presence.

On 15 September, the General Command of the Colombian Armed Forces’ announcement establishing anti-riot squads composed of professional soldiers raised questions concerning Colombia’s respect for the Inter-American Commission on Human Rights’ guidance related to the responsibility of the police, rather than the military, to maintain public order.

In line with the need to strengthen the police’s institutional capacity, OHCHR recommends transferring oversight of the police to the Ministry of Interior.

On “stabilization” and establishing state presence in ungoverned territories

Efforts to establish a comprehensive State presence, particularly of civilian authorities, including the Office of the Attorney General and the police have been insufficient, especially in rural areas. The five Strategic Zones for Comprehensive Intervention established by the Government through Decree 2278 of 2019 were created to address this vacuum. However, OHCHR observed that State presence in these areas has remained predominantly military and that the pace of establishing a stronger presence of civilian authorities was slow.

The Office of the Attorney General is present in almost half of Colombia’s municipalities. Nevertheless, it continued to face difficulties to reach rural areas, especially in Antioquia, Arauca, Amazonas, Caquetá, Cauca, Chocó, Guaviare, Huila, Meta, Nariño and Vaupés, greatly affecting its capacity to guarantee access to justice for all.

In 2018, 16 PDETs were formulated with high levels of community participation, including indigenous peoples and Afro-Colombian communities. While this generated significant hope for the effective implementation of PDETs, during the reporting period, OHCHR observed few advances and minimal coordination with other relevant programmes, such as the Collective Reparation Plan contained in the Victims and Land Restitution Law and the Comprehensive National Programme for the Substitution of Illicit Crops (PNIS).

[T]he Comprehensive Rural Reform should be supported by an adequate budget to fully implement all of the plans, entities and mechanisms established in the Peace Agreement, rather than a limited focus on PDETs. However, the 2020 budget was reduced for all the institutions responsible for implementing the Comprehensive Rural Reform.

On illicit crop eradication and substitution

Police continued to recruit civilians to eradicate illicit crops. This practice exposes civilians to loss of life or injury due to the presence of anti-personnel mines and unexploded ordnance among the crops. Between January and November, 24 civilians and 8 antinarcotics police officers were affected by such devices in Tumaco, Nariño, while eradicating illicit crops.

OHCHR highlights the recent determination, in a joint report by the Government and United Nations Office on Drug and Crime (UNODC), that 95 per cent of families participating in PNIS fulfilled the voluntary eradication requirement, whereas 0.4 per cent returned to the cultivation of illicit crops.

Tags: Attacks on social leaders, Civil-Military Relations, Human Rights, Human Rights Defenders, Illicit Crop Eradication, Military and Human Rights, Stabilization, UN

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

January 8, 2020
A National Police OV-10 plane sprays herbicides over a coca field in Colombia. [AP/WWP file photo]
Image from the State Department’s website.

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

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

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

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

What happens next?

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

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

The Court’s requirements

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

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

Limits on spraying

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

Oversight, evaluation, and complaints

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

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

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

Participation and consultation

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

What the peace accord says

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

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

Tags: Coca, Illicit Crop Eradication

Last Week in Colombia’s Peace Process: Week of September 16-22

October 1, 2018

UNODC Publishes Its 2017 Coca Cultivation Estimate

The UN Office on Drugs and Crime published an executive summary of its 2017 estimate of coca cultivation and cocaine production in Colombia. The UN agency has usually produced this document, in complete form, in June or July of each year. Among the latest report’s most notable findings:

  • Coca cultivation increased by 17 percent in Colombia between 2016 and 2017, growing from 146,000 to 171,000 hectares. (A hectare is about two and a half acres.) In June, the U.S. government publicized its own estimate for 2017, finding an 11 percent increase to 209,000 hectares. According to Defense Minister Guillermo Botero, the UN figure is “the official statistic that the Colombian government works with.”
  • 64% of the increase was concentrated in four departments: Antioquia, Putumayo, Norte de Santander and Cauca. Nearly all coca is grown in municipalities where coca was grown a decade ago.
  • The department with the most coca is still Nariño, as has been the case every year since 2006. Nariño makes up 27% of all Colombian coca cultivation, but the crop increased by only 7% there in 2017.
  • Tumaco, a giant municipality (county) in southwestern Nariño, remains the number-one coca-growing municipality in the country. However, coca cultivation declined by 16% in Tumaco last year.
  • The department of Guaviare saw the largest decrease, shrinking 28% from 6,800 to 4,900 hectares. Guaviare, along with Tumaco, has been a main focus of crop-substitution efforts within the framework of the peace accord. In Meta, another department that saw a lot of crop substitution, coca increased 2%.
  • The areas where the Colombian government has managed to get crop-substitution programs up and running comprise 14% of coca-growing territories. But in those territories, cultivation fell 11% in 2017.
  • 33% of coca crops were detected in “isolated areas, 10 km away from any populated center.”
  • 34% of coca crops were detected in areas that were covered by forests in 2014.
  • Probably due to increased supply, prices crashed in 2017. Coca leaf prices fell 28%; cocaine paste fell 14%, and cocaine fell 11% inside Colombia. This isn’t entirely supply and demand: local circumstances, like changes in armed-group control, may be more important factors in some areas.
  • Colombia’s cocaine exports were worth about US$2.7 billion in 2017. Colombia’s coffee exports totaled about US$2.5 billion. Only oil and coal produced more export revenue.
  • All cocaine base produced in the country was worth US$1.315 billion. All coca leaf was worth US$371 million.
  • In the ten municipalities (counties) with the most coca crops, the coca leaf market adds up to US$302 million. These counties’ combined municipal budgets were US$196 million.
  • 5% of coca was planted within national parks, and another 27% within 20 kilometers of a national park.
  • 10% was planted within indigenous reserves. 15% was planted in land belonging to Afro-Colombian communities.
  • 16% of coca was planted within 10 kilometers of a border, mainly those with Venezuela and Ecuador.
  • The National Comprehensive Substitution Program (PNIS), the voluntary crop-substitution program set up by the FARC peace accord, had enrolled 54,027 families by the end of 2017. By June 2018, that had climbed to 77,659 families.
  • Mainly because the bushes have had time to grow taller than they used to be, their yield—the amount of cocaine that can be produced from a hectare of coca—has increased by one third since 2012. As a result, Colombia’s potential cocaine production grew from 1,053 tons in 2016 to 1,379 tons in 2017.
  • Processing that much cocaine required that 510 million liters of liquid precursor chemicals, and 98,000 tons of solid precursors, be smuggled in to very remote areas.
  • “When we talk about coca growers,” UNODC Colombia Director Bo Mathiasen told El Espectador, “we talk about there being today about 119,500 households that depend on that. If we estimate that each family has four members, we are talking about almost half a million Colombians, just those involved with crops.” That is 1% of Colombia’s population of about 50 million.

Asked whether the increase in coca-growing was “a failure of the peace agreement,” Mathiasen replied that Colombia’s government over-promised to coca-growing families.

It’s an agreement with promises that had no basis. They promised more than they could fulfill. The Government does not have the money to fulfill the prior commitments. There was a lack of realistic communication about the resources that were available and what could be delivered. This caused the campesinos to think that if they planted more coca, they could have subsidies and be part of the substitution program.

Mathiasen also criticized the simultaneous implementation of crop substitution and crop eradication, two strategies that “work with different timeframes.” He cautioned against relying too heavily on renewed fumigation of coca with the herbicide glyphosate.

The United Nations does not have an opinion either in favor or against the use of glyphosate, and I must add that it is widely used in agriculture in Colombia and in many countries. The effectiveness of forced eradication has limits. Yes, the plant is done away with, but replanting has historically been high in eradication zones where there is no program of social and economic intervention going hand-in-hand. If you want a more sustainable outcome over time you have to combine forced or voluntary eradication with investment programs to develop these territories.

President Iván Duque said that in coming days, “he would present a new plan to combat drugs that would ‘strengthen our air, sea and land interception capacity’ and ‘dismantle completely the supply chain, both precursors and product,’” the New York Times reported, adding that “so far, he has provided no details.”

Interviewed by El Tiempo, U.S. Ambassador Kevin Whitaker reiterated his support for glyphosate-spraying, despite a California jury’s August ruling that a gardener who contracted cancer was entitled to hundreds of millions of dollars in damages from Monsanto, the company that produces most glyphosate herbicide sold in the United States.

I have always said, and I maintain, that the use of glyphosate is safe and effective. It can be a very important tool in the fight against narcotics as part of eradication, which is only one aspect of a comprehensive program. Evidently there was a jury decision in California, and you have to respect that. But that decision does not change the science at all, and the science is clear.

Government Won’t Name an ELN Negotiating Team Until Conditions Met

In a statement, the ELN’s negotiators in Havana called on the government to re-start frozen peace talks, citing its release of nine captives during the first half of September. The Duque government announced that it would not name a new negotiating team until the ELN releases all hostages. The government has a list of ten individuals who remain in ELN captivity. It is unclear whether all are alive, and the guerrillas have not addressed their cases.

This week the ELN released Mayerly Cortés Rodríguez, a 16-year-old whom guerrillas had kidnapped in Chocó. By holding a minor, government High Commissioner for Peace Miguel Ceballos said, the ELN “broke all the rules.” The ELN’s Chocó-based Western War Front stated that it was holding Cortés not as a hostage, but “to clear up her collaboration with the Marines,” accusing her of providing intelligence to the local unit. The commander of Colombia’s Pacific Naval Force (Marines are part of the Navy) insisted that it does not seek intelligence from minors.

The ELN talks remain stalled. “It’s evident that neither the government nor the ELN wants to be seen as the one slamming the door on the peace process, but neither of the two parties wants to be the one that gives up the most to restart the dialogues,” El Tiempo’s Marisol Gómez observed.

Elsewhere in Chocó, combat between the ELN and Army displaced about 80 indigenous people from the Murindó River reserve.

FARC Dissident Leader “Guacho” is Wounded, Military Says

A military offensive against FARC dissident groups has intensified in Nariño, along what may be Colombia’s busiest cocaine production and trafficking corridor. Last week, troops killed alias “David,” commander of the United Guerrillas of the Pacific dissident group. This week, special forces reported wounding his rival, Walter Arízala alias “Guacho,” commander of the Oliver Sinisterra Front dissident group.

Though born in Ecuador, Guacho rose through the FARC’s ranks in Narino over 15 years, becoming deeply involved in narcotrafficking. He refused to demobilize in 2017, then became one of the two or three most-wanted armed-group leaders in Colombia earlier this year, after he staged attacks on government forces in Nariño and across the border in Ecuador, and then kidnapped and killed two Ecuadorian reporters and their driver. The tragedy of the El Comercio journalists was front-page news in Ecuador for weeks.

On September 15, at a site in the northern part of Tumaco further from the border, a joint unit seeking to capture Guacho was closing in, but was detected by the dissident leader’s innermost security ring. During the resulting firefight, troops shot a fleeing Guacho twice in the back, but his men helped him to escape.

Though Colombian and Ecuadorian troops reportedly did not coordinate, Ecuador’s military and police strengthened security on their side of the border with the aim of preventing Guacho from crossing. There were no new reports about the guerrilla leader’s condition or whereabouts during the rest of the week.

Semana magazine, claiming that Guacho’s influence in Nariño had been declining, reported that the guerrilla leader “is fleeing with the last of his bodyguards, and the search continues.”

Three Mining Company Geologists Killed in Antioquia; Guerrilla Dissidents Blamed

A group of armed men burst into a mining company camp in the predawn hours of September 20 in Yarumal, Antioquia, opening fire and killing Laura Alejandra Flórez Aguirre, Henry Mauricio Martínez Gómez, and Camilo Andrés Tirado Farak. The three were geologists carrying out explorations for Continental Gold Mines, a Canadian company.

No group has claimed responsibility. Colombian authorities told the media that dissident members of the FARC’s 36th Front are very active in Yarumal. Precious-metals mining has been a principal income stream for organized crime groups here and in many parts of the country.

In the nearby municipality of Buriticá, Continental Gold is building what El Espectador calls “the first large-scale subterranean gold mine in Colombia,” which is to begin operation in 2020 and produce an average of 253,000 ounces of gold per year over 14 years.

Accord Implementation Budget Appears Insufficient

Colombia’s Comptroller-General’s Office (Contraloría) sent a new report to Congress on expenditures to implement the FARC peace accord. It concludes that, over the next 15 years, the government will need to come up with about US$25 billion to fulfill the commitments made in the accord. Most of the resources needed would go to the accord’s first chapter on rural development.

The Treasury Ministry has estimated a 15-year cost of accord implementation at 129.5 trillion pesos, or about US$43 billion. The Contraloría sees a need for an additional 76 trillion pesos, which

would represent 0.4% of annual GDP that would be added to the fiscal deficit projected for the coming years. These calculations could increase to up to 1.1% of GDP if we add the additional costs of covering all the municipalities with scattered rural territories as contemplated in the Final Agreement, and the reparation measures in the public policy of attention to victims.

The Contraloría report found that the government spent 6.9 trillion pesos (about US$2.3 billion) in 2017 on activities related to the FARC peace accord.

El Espectador meanwhile notes that Colombia’s defense budget has increased during the post-accord period, growing 8 percent from 2017 to 2018.

FARC Remains on U.S. Terrorist List

The U.S. Department of State released its annual report on international terrorism on September 19. This report includes and updates the Department’s list of foreign terrorist organizations. The FARC—recognized as a political party today in Colombia—remains on that list.

“Colombia experienced a continued decrease in terrorist activity in 2017, due in large part to the November 2016 peace accord with the Revolutionary Armed Forces of Colombia (FARC),” the report reads, citing the disarmament, demobilization, and reincorporation process that the ex-guerrillas underwent last year. Still, a footnote in the report explains that the FARC remains on the terrorist list because the party’s ties to increasingly active guerrilla dissident groups are “unclear”:

The FARC remains a Foreign Terrorist Organization under the Immigration and Nationality Act. However, the Colombian government classifies FARC dissidents as criminals. While the ideological motivations of such groups and ongoing connections with demobilized FARC are unclear, we have included acts of violence by FARC dissidents in this report.

Although the UN verification mission and other observers fault both the Colombian government and the FARC for the slow pace of ex-guerrillas’ reintegration programs, the State Department report places all the blame on the FARC. It essentially faults the ex-guerrillas for insisting on collective reintegration, instead of accepting the government’s standard individual reintegration offer:

The Agency for Reincorporation and Normalization (ARN), formerly the Colombian Reintegration Agency (ACR), is the implementing arm of this process. Delays in implementing the program, caused by the refusal of FARC leadership to permit members to actively and effectively participate, increased the prospects that some ex-combatants would return to engaging in criminal activities.

Asked by a reporter why the FARC party remains on the list, State Department Coordinator for Counterterrorism Nathan Sales offered no specifics.

I’m not going to be in a position to comment on any internal deliberations that may or may not be taking place. What I can tell you is that the statutory standards for getting on the FTO list or getting off the FTO list are very clear, and it – we apply the standards that Congress has given us consistent with the evidence in front of us, and we do that regardless of the organization or country.

Interviewed by El Tiempo, U.S. Ambassador Kevin Whitaker insisted that Washington would push for the extradition of any wanted FARC members believed to have committed crimes after the peace accord’s December 2016 ratification. “Any effort, by any actor or institution, to limit extradition, affects U.S. interests.”

Whitaker criticized a Constitutional Court finding that appears to give the transitional justice system (JEP) the power to review evidence against those wanted in extradition for alleged post-accord crimes, like FARC negotiator Jesús Santrich. The way extradition works, he said, is that the requesting country evaluates the evidence.

The Ambassador also rejected the idea that wanted individuals should first remain in Colombia to provide victims with truth and reparations. “I don’t accept the mistaken idea that if there is extradition, then there can be no truth. In the case of the paramilitaries extradited a decade ago, we have set up 3,000 hearings, including victims, prosecutors, magistrates, etcetera. There has been every opportunity to clarify the truth. So both can be done.”

President Duque Meets UN Mission Chief

Jean Arnault, the chief of the UN verification mission that just had its mandate extended for another year, met with President Iván Duque. Arnault’s mission is overseeing the reintegration and security of FARC ex-combatants, which have moved forward but faced setbacks and obstacles over the past year.

Appearing publicly with the President, Arnault said, “I encourage you to continue with a difficult process, full of obstacles and still very fragile. We encourage you to continue not only for the sake of Colombia, but also for the sake of the international community.” Duque said that the government remains committed to “the people who have genuinely bet it all on demobilization, disarmament, reintegration and non-repetition, can make a transition to coexistence and a life of legality.”

Arnault said that Duque’s six-week-old government was in the midst of a “useful reflection” about its ex-combatant reincorporation policy. Duque and Arnault agreed that finding productive projects for ex-combatants was a priority. These projects, Duque said, “had to incorporate more than 10,000 people in the process, but today do not exceed 100 people.” The President and the mission chief agreed that future reintegration projects should benefit entire communities, not just the ex-guerrillas.

In response to a written request from FARC party leader Rodrigo Londoño, Duque’s government named its representatives to the Commission of Follow-up, Impulse and Verification (CSIVI), the government-FARC mechanism meant to oversee implementation of the peace accord. They are Emilio José Archila, the High Counselor for the Post-Conflict; High Commissioner for Peace Miguel Ceballos; and Interior Minister Nancy Patricia Gutiérrez.

Meanwhile, one of the highest-profile demobilized guerrilla leaders, Luciano Marín alias Iván Márquez—the guerrillas’ lead negotiator during the Havana peace process—remains missing. FARC leaders insist that Márquez has not abandoned the peace process, that he has “clandestinized” himself out of concern for his security.

Márquez is free to roam the country pending his eventual transitional-justice trial for war crimes. But he now faces calls to clarify his situation.

  • The Congressional Peace Committee, which recently traveled to the demobilization site in Caquetá that Márquez abandoned in June or July, published a letter calling on him to “unequivocally reiterate your commitment to this process very soon.”
  • During the week of September 9, the transitional-justice system (JEP) called on Márquez and 30 other former FARC commanders to submit a written statement that each remains committed to the process and intends to comply with the peace accord. The JEP demanded a response within ten business days. Márquez’s lawyer may have bought some additional time by submitting an official information request to the JEP about its demand.

In-Depth Reading

Tags: Coca, ELN Peace Talks, Extradition, Illicit Crop Eradication, Transitional Justice, U.S. Policy, Weekly update