Updates from WOLA tagged “Stabilization”

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

Q&A: A Corruption Scandal Undermines Colombia’s Peace Accord Implementation

August 16, 2022

Corrupt officials in Colombia allegedly abused their positions to steal hundreds of millions of dollars in peace accord implementation funds, which were meant for some of the country’s poorest, most violent, and least governed territories. Their actions, documented in 2021 but likely occurring earlier, have undermined one of the most important commitments in Colombia’s fragile peace process: better governance in conflictive rural areas.

All involved did harm to a priority vital to any who share an interest in helping Colombia improve security and diminish illicit economies. They must be held accountable.

The so-called “OCAD Paz” scandal came to light thanks to a six-month investigation by journalists at the Colombian outlet Blu Radio.. Here’s an overview of what they found, what has happened since, and what it means for Colombia’s peace process as a new government takes over in Bogotá.

What is the OCAD Paz program?

The Colombian government’s budget is not funded entirely from taxes. Royalties collected from oil and mining companies make up very roughly five percent of central government income, a figure that varies with commodity prices. A 2012 reform created “Collegial Administrative Bodies” (Órganos Colegiados de Administración, OCAD) to administer these funds.

The 2016 peace accord with the FARC guerrilla group (Revolutionary Armed Forces of Colombia, Fuerzas Armadas Revolucionarias de Colombia) committed Colombia to carrying out dozens of promised efforts with an estimated total cost of about $41 or 42 billion over 15 years. About 85 percent of that would go to implement the peace accord’s first chapter, “Comprehensive Rural Reform.”

In 2018, Colombia’s government set up a subset of the OCAD, known as “ OCAD Paz,” to channel some royalty funds into meeting these rural reform commitments. Though a critic of the 2016 peace accord, President Iván Duque (August 7, 2018-August 7, 2022) rhetorically supported the accord’s rural reform chapter. From 2019 to 2021, his government channeled about 6.6 trillion Colombian pesos (about $1.5 billion) to the OCAD Paz.

What was the OCAD Paz money meant to pay for?

The 2016 accord’s rural reform provisions aim to achieve a longstanding goal: to bring the government into long-abandoned agricultural frontier areas where armed groups thrive and farmers grow illicit crops. While the Duque government didn’t give the “rural reform” chapter all of the resources it needed, it did increase rural development funding.

In particular, OCAD Paz funds supported “Territorially Focused Development Programs” (Programas de Desarrollo con Enfoque Territorial, PDETs), a crucial feature of the 2016 accord. The PDETs are 15-year plans to bring government presence and services into the most conflictive and ungoverned 170 of Colombia’s 1,100 municipalities (counties), covering 36 percent of national territory and 13 percent of the population.

These areas suffer from chronic statelessness. Roads and formal land titles are rare. Disputes tend to get settled informally or by armed groups. These 170 municipalities contained 94 percent of Colombia’s coca crop when the program started. Some areas are so far from government presence that currency is hard to come by, and stores allow customers to weigh coca paste on scales to pay for goods.

The PDETs, along with the FARC’s exit from the conflict, offered a crucial opportunity to address this chronic statelessness. But they would be expensive. The OCAD Paz funds were a critical part of the response.

In 2021, as part of an effort to fund the COVID-19 pandemic recovery, the government and opposition agreed on a legal provision allowing expenditure of future years’ OCAD Paz money. The program’s budget jumped from just over 1 trillion pesos ($225 million) in 2019 and in 2020, to 4.4 trillion pesos (about $1 billion) in 2021.

What did the journalists find?

With that, “corrupt people smelled blood in the water,” say Blu Radio reporters Valeria Santos and Sebastián Nohra. Over their 6-month investigation, they spoke to 25 mayors of PDET municipalities who found corrupt central government gatekeepers standing in the way of OCAD Paz funding for infrastructure and other projects in their territories.

Those gatekeepers were in the Presidency’s National Planning Department (Departamento Nacional de Planeación, DNP), which administers OCAD Paz. Some were in the national Comptroller’s Office (Contraloría), an auditing body that signs off on these expenditures. Some were members of Colombia’s Congress serving as “godfathers” shepherding the funding projects through the approval process.

All told, Santos and Nohra very roughly estimate that about 12 percent of 2021 OCAD Paz resources, perhaps 500 billion pesos ($115 million) meant for about 355 of the peace accords’ vital PDET infrastructure projects, was lost to bribes and kickbacks.

How did the corrupt officials allegedly steal the money?

The DNP and Comptroller roles in approving OCAD Paz grants created an unfortunate opportunity for unethical officials to serve as gatekeepers, holding PDET funding hostage until they paid bribes or kickbacks. Without bribes, projects stalled or were canceled. The Colombian investigative website La Silla Vacía summarized the Blu Radio findings succinctly:

25 mayors…denounced off the record that in order to obtain the approval of a project in the OCAD Paz they had to pay several bribes: between 1 and 2 percent to officials of the Comptroller’s Office, who although they only exercise “preventive” control in the OCAD generated alerts that were enough for a project not to proceed; 5 or 6 percent to Álvaro Ávila, director of the General Royalties System [within the DNP], technical secretary of the Ocad Paz, appointed by then-DNP director Luis Alberto Rodríguez; and between 7 and 9 percent to the congressman who “sponsored” the project. They specifically mentioned Ape Cuello and Samy Merheg.

Cuello and Merheg are members of Colombia’s Conservative Party. They, along with Conservative Rep. Wadith Manzur, are now under investigation by Colombia’s Supreme Court. Others frequently mentioned in press coverage of the scandal are former top Comptroller’s Office officials Juan Carlos Gualdrón, who oversaw post-conflict issues, and Aníbal Quiroz, who oversaw royalties.

Together with Gualdrón and Quiroz, El Espectador explained, Ávila, the Planning Department’s royalties chief, “pressured officials of the Ministry of Transportation to withdraw approval from more than half of the tertiary road projects already approved for different municipalities.”

What was the Duque government’s response?

All of the above officials have denied requesting or receiving bribes or kickbacks to allow PDET projects to go forward using OCAD Paz money. The Duque government’s final DNP director, who was not in her position when most of the alleged corruption occurred, said that she looked into the allegations going back to August 2021 and, finding no proof, shelved internal investigations.

The Duque presidency’s top official for peace accord rural reform implementation, former presidential counselor for stabilization and consolidation Emilio Archila, said that he had heard these allegations as well, and had e-mailed information to the Colombian government’s Prosecutor-General’s Office (Fiscalía). Archila’s e-mails, though, did not constitute a formal complaint. “We find it hard to understand,” reads an El Espectador editorial, “why, if these allegations existed and Archila considered them of sufficient importance to forward them to the authorities, the government itself has not given more impetus to the investigations.”

What investigations are underway?

At least three investigations are now ongoing.

  • The Fiscalía is looking into the OCAD Paz allegations; in early July, investigators brought Archila in for questioning about what he knew. (Archila, who often served as the face of peace accord implementation within the Duque government, is not suspected of wrongdoing in this case.)
  • Colombia’s Internal Affairs Office (Procuraduría), which administers administrative investigations and punishments, has opened 24 disciplinary proceedings connected to the case, covering 13 of Colombia’s 32 departments (provinces).
  • As noted above, Colombia’s Supreme Court has opened preliminary investigations against three Conservative Party members of Congress.
  • Colombia’s Congress may carry out a political oversight debate, but that has not happened yet.

With the exception of the congressional action, these investigations are likely to take many months.

Is this the only scandal involving corrupt management of rural peace accord funds?

No, there are others.

  • In Chocó, Colombia’s poorest department, a local political boss—a former congressman who served prison time for working with paramilitary groups— offered a lawyer (himself the brother of a former paramilitary leader) “several projects in PDET municipalities” in exchange for a loan to his son’s congressional campaign. The lawyer turned him down flat. (Edgar Ulises Torres’ son failed to win election in March, winning just 2 percent of the vote.)
  • In the Caribbean department of Cesar, Ávila, the former DNP royalties chief, appeared in an anonymous complaint regarding major contracting irregularities in a multi-million-dollar solar panel project.
  • In Valle del Cauca, the Pacific department whose capital is Cali, more than US$100 million in OCAD Paz funds for PDET municipalities ended up being administered by a body run by the governor’s political machine, which mostly handed out no-bid contracts.

Why is this scandal particularly harmful to U.S. and international community interests in Colombia?

The U.S. government and Colombia’s other international donors have invested heavily in implementing the 2016 peace accord, including its promise of undoing the lack of government presence in the country’s rural areas. That state-building effort, foreseen in the accord’s “rural reform” chapter, required Colombia’s government to move fast, filling vacuums left by the FARC before other armed groups could move in.

Colombia has mostly failed to do that—and now a corruption scandal provides a compelling argument for more safeguards and red tape, which would slow the implementation process even further.

Government presence and services in PDET zones offer the greatest hope for denying territory to organized crime, armed groups, and illicit economies, from coca to illegal logging to wildcat mining. The OCAD Paz scandal shows that hope being undermined by corruption of the most vulgar sort: the kind that robs resources from the poorest and most violence-wracked Colombians.

This is exactly the kind of behavior that the peace accord sought to undo, by empowering social leaders, increasing community participation in the PDETs and similar development programs, and establishing strong oversight bodies. All of these efforts flagged badly during the Duque government.

The Petro government must ensure accountability

It is now up to the new government of President Gustavo Petro to restore trust in the peace accord implementation process. WOLA urges the Petro government to give the OCAD Paz investigations the resources and high-level political backing that they require. We urge Colombia’s Congress to move forward with oversight hearings.

Since the scandal involves the new government’s political opponents, much of that is likely to happen. However, the facts may at times lead investigators to people whose political support could be needed to achieve other priorities. (The Conservative Party’s legislators, for instance, are up for grabs, having decided not to join the opposition bloc in Colombia’s Congress.) The Petro government must ensure that those responsible for the OCAD Paz scandal face consequences, regardless of where the investigation leads.

WOLA encourages U.S. diplomats to make clear, in all appropriate ways, that those investigating this scandal have Washington’s full political support, and that the U.S. government continues to support the PDETs and other rural reform efforts within the peace accord.

Finally, WOLA urges Colombian authorities to provide any necessary protection to Santos and Nohra, the reporters who broke the OCAD Paz story. In mid-July, Nohra reported receiving threatening phone calls.

Tags: Budget, Corruption, Implementation, Stabilization

WOLA Podcast: “We believe there are multiple armed conflicts”: Kyle Johnson on security in Colombia

January 19, 2022

Colombia had a tumultuous start to 2022, as violence broke out in the northeastern department of Arauca, near the Venezuelan border, killing dozens. The armed groups involved are ELN guerrillas and a faction of ex-FARC guerrillas—but the actors are different elsewhere in the country. Colombia’s persistent armed-group violence has become ever more confused, fragmented, and localized, more than five years after a historic peace accord.

To make sense of the situation, Director for Defense Oversight Adam Isacson and Program Assistant Matthew Bocanumenth spoke with Kyle Johnson, an analyst and co-founder of the Bogotá-based Conflict Responses Foundation, a research organization that performs extensive fieldwork in conflict-affected territories.

With a nuanced but clear presentation, Johnson answers our many questions and helps make sense of this complex, troubling moment for security and governance throughout rural Colombia.

The way forward, Johnson argues, goes through negotiations and a renewed effort to implement the 2016 peace accord, especially its governance and rural development provisions. It requires abandoning the longtime focus on meeting eradication targets and taking down the leaders of what are now very decentralized armed and criminal groups.

Download the podcast .mp3 file here. 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: Arauca, Podcast, Security, Security Deterioration, Stabilization

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

“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

Bring the Trainers Home: This Is No Time for U.S. Military Personnel To Be Advising Offensive Operations in Colombia

June 1, 2020

Lea en español

On May 28 the United States’ embassy caused a commotion in Colombia by posting a brief announcement that “a U.S. Security Force Assistance Brigade (SFAB)” will arrive in early June “to help Colombia in its fight against drug trafficking.” The SFAB should stay home. This is not a time for the United States to be sending dozens of combat advisors and trainers to “post-conflict” Colombia.

What is an “SFAB?”

On June 1, about 45 or 50 Army personnel departed from their base at Fort Benning, Georgia, for Colombia. They will stay in COVID-19 quarantine for two weeks, then spend about four months in the country. 

Their unit, the 1st Security Force Assistance Brigade, was commissioned in early 2018 and has deployed to Afghanistan, Europe, and Africa. Its sole mission is to train and advise foreign military units, a task that had been heavily up to Special Operations Forces in the past. This will be the first time an SFAB has deployed anywhere in Latin America.

Colombian Defense Minister Carlos Holmes Trujillo told the daily El Espectador, “The purpose is to advise the general staffs” of three regional task forces (discussed below) and the Colombian Army’s Counter-Narcotics Brigade, a unit created in 2000 with resources from the Clinton administration’s initial “Plan Colombia” aid package. “It’s a consultative and technical advising role, which will be carried out within the military unit’s installations, not in the field.… The U.S. advisory personnel will not participate in military operations.”

Is this a big deployment? Is it new?

A contingent of 45 or 50 U.S. troops is large, but far from unprecedented in Colombia. A State Department response to a 2010 inquiry, the last time WOLA has received solid numbers on the U.S. military and contractor presence in Colombia, showed that during the 2000s the number of U.S. military personnel there ranged from a low of 91 to a high of 563. As Colombia’s remains one of the largest U.S. diplomatic and security missions in the world, we doubt that the numbers have declined significantly since then. Adding 45 or 50 more to this total is noteworthy, but not earth-shaking.

While many of these U.S. military personnel are probably reporting to work at the embassy in Bogotá, many others are continually visiting Colombian military bases around the country, providing training and advising ongoing operations. 

Is this about Venezuela?

U.S. and Colombian officials are billing the SFAB mission as support for the “Zonas Futuro” territorial governance and counter-drug strategy discussed below. They are also portraying it as the land component of a large ongoing counter-drug naval deployment in the Caribbean and the eastern Pacific. As with that deployment, which began in April, observers, mostly on Colombia’s left, see another target or audience: the Maduro regime in Venezuela.

Does the SFAB aim to address cocaine flows, help Colombia govern conflictive territories, or send a message to Venezuela? The answer, of course, may well be “all of the above.” 

The profile that the U.S. government gives the deployment will tell us whether the SFAB has Venezuela in mind. Over the past 20 years, most such visits have been secretive: due to force-protection concerns and a tendency to classify information, it has been very hard to get information about what U.S. trainers are doing in Colombia. If, though, the SFAB deployment is instead the subject of regular tweets from the U.S. embassy and Southern Command accounts, if reporters are invited to witness training and advising missions and talk to the instructors, then we’ll know that the U.S. government wants to send a message to Colombia’s neighbor. Similarly, in 2020 we’ve seen significant public-affairs efforts promoting the “Enhanced Counter-Narcotics Operations” naval deployment, “rare access” to a January paratrooper exercise in Tolima, and a March humanitarian exercise in La Guajira.

If Venezuela is the audience, the SFAB may do more harm than good in Caracas. U.S. saber-rattling has so far appeared to increase unity within the Maduro regime and its armed forces. It may also be increasing divisions within the opposition: as WOLA’s Venezuela program has noted, while some in the opposition favor a political solution, U.S. operations embolden hardliners who cling to hope of a military intervention.

The U.S. Embassy says the trainers are helping with “Zonas Futuro.” What are those?

The SFAB will “focus its efforts primarily on the ‘Zonas Futuro’ defined by the National Government,” reads the U.S. Embassy announcement. The Zonas Futuro are an initiative spearheaded by the National Security Council of Colombia’s Presidency. Their stated goal is to introduce government presence in five abandoned, violent regions, making up less than 3 percent of Colombia’s national territory, with much armed-group presence and drug production or transshipment.

The five “Zonas” are comprised of parts of:

  • Tumaco, in Colombia’s southwest corner bordering Ecuador and the Pacific, the country’s number-one coca producing municipality;
  • The Catatumbo region of Norte de Santander department in the northeast, near the Venezuelan border, a zone of heavy ELN presence and cocaine production;
  • The area around the Chiribiquete National Park in Caquetá department, a zone of significant FARC dissident activity;
  • The department of Arauca, bordering Venezuela in northeastern Colombia, a longtime ELN stronghold; and
  • The Bajo Cauca region of northeastern Antioquia department and adjoining southern Córdoba department, a cocaine-producing zone brutally contested by two neo-paramilitary groups, FARC dissidents, and the ELN.

Defense Minister Trujillo told local media that the U.S. trainers will be accompanying military units in the first three of these zones: Tumaco (the Colombian armed forces’ Hércules Task Force), Catatumbo (the Vulcano Task Force), and Chiribiquete (the Omega Task Force). They will also accompany the Army Counter-Narcotics Brigade, which operates throughout the country.

Colombian government security planners interviewed by WOLA say that the goal of the Zonas Futuro is to make possible the entry of the entire Colombian government into these abandoned territories: not just soldiers and police, but civilian service-providers. 

That’s a noble goal, and it is also the goal of the 2016 peace accord, the first chapter of which sets out to bring government services into 170 of Colombia’s 1,100 most neglected and conflictive municipalities (counties). Though the presidential Counselor for Stabilization and Consolidation, the government of President Iván Duque has voiced a strong rhetorical commitment to fulfilling this first chapter by implementing Territorially Focused Development Plans (Los Programas de Desarrollo con Enfoque Territorial PDET) in these 170 municipalities. The PDETs have far less of a military component than the Zonas Futuro.

The Zonas Futuro territories are entirely located within PDET territories. The government is implementing the PDETs slowly, though, with funding levels that aren’t keeping up even with their 15-year timeframe. In the subset that are Zonas Futuro, the idea is to speed up implementation, with a big military presence at the outset, which implies offensive operations against the armed groups currently located there.

We can surmise, then, that the U.S. SFAB trainers deployed to the “Zonas Futuro” will be advising the Colombian military task forces’ offensive operations. These are likely to come with intensified forced coca eradication.

Does it make sense to send an SFAB to Colombia right now?

The decision to send a contingent of several dozen military advisors to Colombia right now is misguided.

The Zonas Futuro aren’t the first time that Colombia has attempted to bring governance to historically neglected regions in a planned, sequenced fashion: this has been tried a few times in recent decades. Past efforts have tended to run aground when the civilian part of the government fails to show up. 

If anything, then, the U.S. government should be helping Colombia to avoid a repeat of that by contributing to the buildup of civilian government capacities in the “Zonas Futuro” (and the PDET zones as a whole). Instead, tragically, the focus is once more on the military component.

The SFAB will be working in areas where Colombian government coca eradicators have already killed three people, two farmers and an indigenous person, since February. If the “Zonas Futuro” seek to win the population’s buy-in to establish a functioning government presence, the experience of coca eradication this year is making that goal ever more distant. U.S. funding and pressure is encouraging Colombia to intensify ground-based eradication, adding new eradication teams and entering new territories. As this happens, we’re hearing more reports of wantonly aggressive behavior from security forces, the opposite of a “hearts and minds” campaign.

Worse, the U.S. deployment is tantamount to a public endorsement of forcibly eradicating smallholding families’ crops in a way that is completely unlinked to basic food security support for those who lose what was their only, very modest, source of income. After the eradicators leave, families go hungry. We know from years of experience that eradication unlinked to assistance doesn’t work. And now it’s happening in the middle of a pandemic, which adds a vicious new layer of cruelty. El Espectador asked Defense Minister Trujillo why coca eradication was happening during the pandemic in an absence of food security assistance to farmers. He replied flatly that coca is illegal and eradicating is “our constitutional duty.”

Still worse, the SFAB trainers are arriving at a time when the Colombian Army’s intelligence apparatus has been revealed to be keeping illegal dossiers of personal information about judges, journalists, human rights defenders, opposition politicians, and even some fellow officers. It’s far from clear right now that there will be judicial accountability for this behavior. Sending 45 or 50 new U.S. trainers in the midst of this tense climate makes for very poor optics. It looks like a pat on the back.

It’s shocking, in fact, that the United States is sending trainers at all at a moment like this. As our cities become battlegrounds over severe and unaccountable human rights violations at home, as a torture-endorsing U.S. President makes daily statements escalating the violence, what can the U.S. trainers’ message be to their Colombian counterparts right now? “Do as we say, not as we do?” In fact, we have no visibility over the messages about human rights that U.S. personnel will convey behind closed doors in the far-flung headquarters of Colombia’s military task forces.

This is no time for U.S. forces to be advising offensive military operations elsewhere, with our own house in such disorder and with Colombia’s military taking alarming steps backward on human rights. The SFAB needs to come home.

Tags: Drug Policy, Illicit Crop Eradication, Stabilization, U.S. Policy, Venezuela Crisis, Zonas Futuro

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

Lecture: “Saving Colombia’s Fragile Peace”

January 3, 2020

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

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

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

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