Updates from WOLA tagged “U.S. Policy”

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

Latest Table of Aid to Colombia

July 9, 2020
Click to enlarge. If you’d prefer this as a spreadsheet for easier copying-and-pasting, go here.

The House of Representatives’ Appropriations Committee finished work on the 2021 State Department and Foreign Operations bill on July 9. In addition to offering some language very supportive of peace accord implementation, the narrative report accompanying the bill provides a table explaining how the House appropriators (or at least, their strong Democratic Party majority) would require that this money be spent.

The table above shows how the House would spend the 2021 aid money, and how it fits in with what the Trump White House requested, and what aid has looked like since 2016, the year before before the outgoing Obama administration’s “Peace Colombia” aid package went into effect.

If the House were to get its way, less than $200 million of the $458 million in 2021 U.S. aid to Colombia would go to the country’s police and military forces. However, the bill must still go through the Republican-majority Senate, whose bill may reflect somewhat more “drug war” priorities. A final bill is unlikely to pass both houses of Congress until after Election Day.

Sources for most of these numbers:

Not reflected here is assistance to Colombia to manage flows of Venezuelan refugees.

Tags: U.S. Aid, U.S. Congress, U.S. Policy

As many as six civilians have been killed during coca eradication operations amid the pandemic

July 7, 2020

On July 1, a team of coca eradicators and security forces arrived in the village of Caucasia, in Puerto Asís municipality, in Colombia’s department of Putumayo. In Colombia’s far south along the Ecuador border, Putumayo is where U.S.-backed operations under “Plan Colombia” began. Its first phase in 2000, what the Clinton Administration called the “push into southern Colombia,” expanded military and coca-eradication operations there. Twenty years later, the region’s farmers remain so isolated and abandoned that Putumayo still concentrates tens of thousands of hectares of coca plants.

Dozens or hundreds of Caucasia farmers gathered to protest the eradicators’ arrival. They had been in the midst of negotiations with Colombia’s Interior Ministry on a pilot project to eradicate their coca voluntarily, in exchange for assistance. Those dialogues got put on hold when the COVID-19 pandemic hit Colombia. But forced eradication did not get put on hold: eradicators and police escorts arrived and prepared to pull up the bushes.

Though details of what happened remain elusive, it is clear that the situation grew tense on July 3. Members of the Colombian Police anti-disturbances squadron (ESMAD) opened fire at some distance, killing one of the community members: 56-year-old Educardo Alemeza Papamija. Three others were wounded.

Episodes like this have become very common in 2020, especially since Colombia went into pandemic lockdown. Colombia’s Ideas for Peace Foundation think-tank counted 15 confrontations between security forces and farmers between January and April, with 4 civilians killed. Overlapping this count somewhat, during the first three months of COVID-19 response—between late March and late June—Colombia’s Peace and Reconciliation Foundation counted five civilians killed:

  • Alejandro Carvajal, in Sardinata, Norte de Santander, on March 26;
  • Ángel Artemino Nastacuas Villarreal, in Tumaco, Nariño, on April 22;
  • Emérito Digno Buendía Martínez, in Cúcuta, Norte de Santander, on May 18;
  • Ariolfo Sánchez Ruíz, in Anori, Antioquia, on May 20; and
  • Salvador Jaime Durán, in Teorama, Norte de Santander, on June 27.

Adding the July 3 incident in Putumayo makes six civilians killed in coca eradication operations since late March. This is the deadliest period since 2017: in October of that year, police accompanying coca eradication operations massacred seven farmers in the village of El Tandil, in Tumaco, Nariño.

The eradication operations have become more aggressive as the U.S. government has prodded Colombia to expand them, while paying much of the bill. “Under pressure from Washington, the year-old government of President Ivan Duque has quadrupled the number of eradication teams to 100 since taking office. It aims to raise that to 150,” Reuters reported last September. Colombia has pledged to forcibly eradicate 130,000 hectares of coca in 2020, which would smash its 2019 record of 94,606 hectares.

That dramatic expansion is being helped along by a quarter of a billion dollars in 2020 U.S. assistance for drug interdiction and eradication: $125 million in this year’s foreign aid appropriation, and another $124 million that the Trump administration slashed from aid originally appropriated for Central America, and delivered to Colombia last October. The strategy is being reinforced by a large deployment of military trainers who arrived in the country in early June.

While we don’t have visibility over what is happening inside the Colombian security forces’ eradication teams, it is quite possible that their increased aggressiveness this year is tied to their rapid, U.S.-backed expansion. It’s difficult for any organization to expand this quickly without experiencing managerial issues or slippages in training—including use-of-force training.

These expanded operations are dangerous for the soldiers and police too: armed groups protect the coca with landmines, booby traps, snipers, and ambushes. The Ideas for Peace Foundation counts 126 members of the security forces or coca eradicators killed during manual eradication operations between 2009 and 2018, and 664 more wounded. Protesting farmers, meanwhile, aren’t always non-violent, and security force members are sometimes injured during protests against eradication.

This, though, is yet another reason for Colombia and its U.S. government supporters to pursue a different strategy: a less violent and confrontational one that might actually reduce the dependence on coca that has led the crop to persist in rural zones for 40 years now. A better strategy would seek specifically to lower the number of Colombian families that plant coca, in most cases for lack of other viable options. Estimates of that number currently range from over 119,500 to over 230,000 families.

An alternative strategy exists, and it was the product of years of intense negotiations. Colombia’s 2016 peace accord had a plan for reducing this number of coca-growing families dramatically. Under the accord’s fourth chapter, over 99,000 families signed voluntary coca eradication agreements, in exchange for promised assistance. That number could have been higher, but the government of President Iván Duque froze the program after taking office in August 2018. The accord’s crop substitution plan, along with its larger efforts to bring a government presence into historically abandoned rural areas, is underfunded, increasingly behind schedule, and not receiving anywhere near the emphasis that forced eradication is getting—especially during the pandemic.

Even in a pandemic, Colombia’s U.S.-backed expanded forced eradication campaign is happening without even food security assistance for the families affected, leaving many hungry after the eradicators depart. In June the Colombian daily El Espectador asked the Defense Minister why coca eradication was happening during the pandemic in an absence of any help for farmers. He replied flatly that coca is illegal and that eradicating is “our constitutional duty.” We know from years of experience that eradication unlinked to assistance doesn’t work: it may yield a short-term decrease in the number of hectares planted with coca, but replanting happens quickly.

This aggressive, cruel, and ineffective model must stop now. Coca eradication should be the product of dialogue with communities, with the goal of bringing a lasting government presence into vast areas of Colombia where people live without one. In the rare instances when that is not possible, eradicators should de-escalate confrontations with communities, seeking to avoid the use of force and the repetition of the sorts of tragedies that Colombia has witnessed six times now since the pandemic began.

And of course, Colombia should resist any effort to re-start eradication by spraying the highly questioned herbicide glyphosate from aircraft. Fumigation not only raises health and environmental concerns that the government has not yet addressed—it is the very opposite of a long-term solution based on having people on the ground to govern territory.

As the main foreign backer of Colombia’s coca eradication strategy, the U.S. government should play a determining role in helping Colombia pursue a more humane, long-term-focused, and ultimately successful strategy. If the United States does not help to change course, it will continue to share the blame for disastrous human rights outcomes like what we are seeing now. And within a few years—when coca-growing families inevitably replant after remaining without formal title to their lands, isolated from markets, and lacking even basic governance—the United States will also share the blame for the current strategy’s foreseeable failure.

Tags: Coca, Human Rights, Illicit Crop Eradication, Putumayo, U.S. Policy

McGovern and Pocan Lead 94 Members of Congress Urging Trump Administration to Push for Peace in Colombia

July 7, 2020

(Press release cross-posted from mcgovern.house.gov. Lea la declaración de WOLA en español.)

WASHINGTON, D.C., July 6, 2020 — Today, Representatives James P. McGovern (D-MA), Chairman of the House Rules Committee and Co-Chair of the Tom Lantos Human Rights Commission, and Mark Pocan (D-WI), Co-Chair of the Congressional Progressive Caucus, led a group of 94 Members of Congress urging Secretary of State Mike Pompeo to press the Colombian government to commit to peace and stop the escalation of violence against Colombian human rights defenders.

Since a 2016 peace accord brought an end to decades of conflict in Colombia, over 400 human rights defenders have been murdered, including 153 in only the first six months of 2020. The Colombian government’s slowness in implementing the peace accords, its failure to bring the civilian state into the conflict zones, and its ongoing inability to prevent and prosecute attacks against defenders have allowed this tragedy to go unchecked.

“This is not the first time Congress has demanded the U.S. and Colombian governments protect human rights defenders and social leaders in Colombia. Yet the assassinations continue to mount, and the pandemic has made them even more vulnerable. Enough is enough. Whatever the Colombian government thinks it’s doing, it’s simply not getting the job done. It should spend less time downplaying the statistics, and more time providing protection and, more importantly, hunting down, arresting, prosecuting and imprisoning those who order, carry out, and benefit from these murders. That’s what the peace accord calls for, and nothing less will do,” said Congressman McGovern. “The brutal murders of those working for peace and basic human dignity in Colombia is not only a tragedy for Colombians, it hurts all people around the world who care about human rights. The United States has an obligation speak out and demand an end to this unrelenting violence.”

“Three years after a historic peace accord was signed, human rights defenders, union leaders, land rights activists and indigenous leaders continue to face violence as the Colombian government looks the other way,” said Congressman Pocan. “Over 400 human rights defenders have been murdered since the signing of these peace accords. Secretary Pompeo must condemn this violence and urge the Colombian government to safeguard the lives of these defenders, prosecute the intellectual authors of these attacks and dismantle the structures that benefit from this violence. The COVID-19 pandemic has only made these leaders more vulnerable to attack, and we must ensure U.S. assistance to Colombia is used to ensure these peace accords are implemented—not continue to allow these acts of violence to occur with impunity.”

Violence appears to have intensified as illegal armed groups take advantage of the COVID-19 pandemic while the government fails to respond, further increasing the vulnerability of targeted rights defenders and local leaders who are being murdered in their homes and workplaces, out of the public eye and with impunity. Before the pandemic, large-scale demonstrations had taken place throughout the country demanding protection for human rights defenders and community leaders as Colombia confronts the greatest number of assaults and killings in a decade.

For example, on March 19, three armed men entered a meeting where farmers were discussing voluntary coca eradication agreements and killed community leader Marco Rivadeneira.  He promoted peace and coca substitution efforts in his community, represented his region in the guarantees working group to protect human rights defenders, and was a member of the national human rights network Coordinación Colombia Europa Estados Unidos.

This letter follows on recent revelations of illegal surveillance by military intelligence of journalists, human rights defenders and judges; the rape of an indigenous girl by several Colombian soldiers, reflecting a pattern of abuses by the military; and an in-depth memorial by El Espectador daily newspaper citing the names of 442 human rights and social leaders murdered since the signing of the Peace Accord.

The Members’ letter was also backed by several prominent human rights organizations which advocate for peace and social justice in Colombia.

“The peace accords offer Colombia a roadmap out of a violent past into a more just future. But there are no shortcuts.  The Colombian government and international community must recommit to full implementation. Not one more human rights defender should lose their life while peace founders,” said Lisa Haugaard, Co-Director of the Latin America Working Group.

“Social leaders are the most important people in bringing peace and democracy to Colombia. The United States, which is Colombia’s top donor, must do everything it can to stop the systematic killing of social leaders and ensure justice on cases of murdered activists. A consolidated peace in Colombia is in the best interest of the United States, and social leaders are how we achieve that peace,” said Gimena Sanchez, director for the Andes, at the Washington Office on Latin America (WOLA).

Until the government of Colombia adopts a security policy that prioritizes the protection of the lives and rights of indigenous and community activists, particularly in the former conflict areas, the promise of the peace accords for peace and justice will remain illusory,” said Mark Schneider, Senior Advisor at the Center for Strategic and International Studies.

The full text of the letter can be downloaded here. A copy of the letter translated into Spanish is here.

Tags: Attacks on social leaders, Human Rights, Human Rights Defenders, U.S. Congress, U.S. Policy

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

Open letter to the Department of State on Colombian military intelligence abuse

May 26, 2020

May 22, 2020

Acting Assistant Secretary of State for Western Hemisphere Affairs Ambassador Michael Kozak
U.S. Ambassador to Colombia Ambassador Philip S. Goldberg
U.S. Department of State and U.S. Embassy to Colombia, Bogota

Dear Ambassador Kozak and Ambassador Goldberg,

We write out of deep concern, which we are confident you share, regarding the revelations that Colombian Army intelligence units compiled detailed dossiers on the personal lives and activities of at least 130 reporters, human rights defenders, politicians, judges, union leaders, and possible military whistleblowers.  As you know, the group contained U.S. citizens, including several reporters and a Colombian senator.

This scandal is disturbing in itself and for what it says about Colombia’s inability to reform its military and intelligence services.  In 1998, the 20th Military Intelligence Brigade was disbanded due to charges that it had been involved in the 1995 murder of Conservative Senator Álvaro Gómez Hurtado and his aide and, according to the 1997 State Department human rights report, targeted killings and forced disappearances.  In 2011, the Administrative Security Department (DAS), Colombia’s main intelligence service, was disbanded due to the massive surveillance, as well as threats against, human rights defenders, opposition politicians, Supreme Court judges, and reporters.  In 2014, Semana magazine revealed army intelligence was spying on peace accord negotiators in the so-called Operation Andromeda.  In 2019, Semana exposed another surveillance campaign using “Invisible Man” and “Stingray” equipment against Supreme Court justices, opposition politicians, and U.S. and Colombian reporters, including its own journalists.  In March 2020, a Twitter list compiled by the Colombian army identified the accounts of journalists, human rights advocates, and Colombia’s Truth Commission and Special Jurisdiction for Peace as “opposition” accounts.

The surveillance is far worse than a massive invasion of privacy.  The targeting of political opposition, judicial personnel, human rights defenders, and journalists leads to threats, attacks, and killings.  For example, during the 2019 surveillance operation, Semana reporters and their family members received funeral wreaths, prayer cards, and a tombstone.  This surveillance and targeting has a chilling effect on the very people and institutions needed to maintain a vibrant democracy.  It means that no amount of government protection programs can stop the targeted killing of human rights defenders and social leaders.  The persistence of this kind of surveillance suggests that an important segment of Colombia’s military and intelligence services – and of the political class – fail to appreciate the fundamental role of a free press, human rights and other civil society organizations, and peaceful dissent in any vibrant democracy.

We are also deeply concerned to hear that some U.S. intelligence equipment may have been used for these illegal efforts. Semana “confirmed with U.S. embassy sources that the Americans recovered from several military units the tactical monitoring and location equipment that it had lent them.”

As we review this latest manifestation of Colombia’s deeply rooted problem of identifying as enemies and persecuting those who wish to defend human rights, uphold justice, and report the truth, we ask ourselves:   What can ensure that this never happens again?

At a minimum, we recommend that the U.S. government:

  • Support the creation of an independent group of experts under the auspices of the Inter-American Commission on Human Rights to investigate and recommend steps to achieve justice and non-repetition.
  • Press for a thorough review of military doctrine and training to ensure that it promotes a proper understanding of the role of the military in a democratic society, including the role of human rights defenders, journalists, opposition politicians, and an independent judiciary. While the written doctrine was revised during the Santos Administration, clearly improvements to doctrine are not being followed.  The review should seek an accounting for the too-frequent episodes of senior military behavior that contradicts this revised doctrine.  Such a review must have input from Colombian human rights defenders and judicial experts, the United Nations High Commissioner for Human Rights and the Inter-American Commission on Human Rights.
  • Urge the Colombian government to provide all necessary protection measures, agreed upon with the targeted individuals and organizations, to ensure their physical and psychological integrity, as well as that of those around them.
  • Urge the Colombian government to purge all intelligence files, whether of state security forces or other organizations, collected on human rights organizations, finally addressing the long-standing demand by human rights organizations, unfulfilled for nearly a quarter century. 
  • Urge the Colombian government to reveal publicly the full extent of illegal intelligence operations targeting civil society activists, politicians, judges, and journalists, clarifying who was in charge, to whom they reported, what kind of intelligence was carried out, and with what objectives. 
  • The administration should direct DNI, CIA, NSA and DIA to inform congressional intelligence, armed services and foreign relations and foreign affairs committees of their conclusions on the full extent of illegal Colombian intelligence operations, clarifying who was in charge, to whom they reported, what kind of intelligence was carried out, and with what objectives.  The administration should direct the same agencies to inform these congressional committees whether and when the U.S. government learned of these actions by the Colombian military and intelligence services and whether U.S. intelligence agencies cooperated with their counterparts even after learning of those actions.
  • Investigate whether recipients of U.S. training and/or equipment participated in ordering or implementing these illegal activities and immediately suspend individuals and units involved from receiving U.S. training and equipment, per the Leahy Law.
  • Suspend all U.S. support for Colombia’s military and intelligence services if the Colombian government does not immediately suspend and promptly investigate and prosecute officials who ordered and executed these illegal activities and conduct the thorough review and rewriting of military doctrine and training mentioned above.

If the nation is to realize the vision of so many Colombians to create a truly “post-conflict” society with shared prosperity under the rule of law, then intelligence targeting and surveillance of democratic actors must finally end.  Thank you for your efforts to ensure Colombia turns the page for once and for all on these deadly, illegal, and anti-democratic activities.

Sincerely,

Center for Justice and International Law (CEJIL)
Chicago Religious Leadership Network on Latin America
Colombia Grassroots Support, New Jersey
Colombia Human Rights Committee, Washington DC
Colombian Studies Group, Graduate Center – College University of New York
Colombian Studies Group, The New School
International Institute on Race, Equality and Human Rights
Latin America Working Group (LAWG)
Network in Solidarity with the People of Guatemala (NISGUA)
Oxfam America
Presbyterian Peace Fellowship
School of the Americas Watch
United Church of Christ, Justice and Witness Ministries
Washington Office on Latin America (WOLA)
Witness for Peace Solidarity Collective

Tags: Civil-Military Relations, Human Rights, Military and Human Rights, Press Freedom, U.S. Policy

Video of WOLA’s May 19 event: Colombian Military Espionage—An Attack on Post-Conflict Reformers and the Free Press

May 23, 2020

On May 19 WOLA hosted a 2-hour discussion of new revelations that Colombian Army intelligence had been spying on journalists, judges, opposition politicians, human rights defenders, and other military officers. The nine speakers included several victims of the spying and some U.S.-based analysts.

The discussion’s video feed is below. The first is presented in the languages the speakers used, and the second is dubbed with a full English translation.

In English and Spanish:

Full English translation:

Tags: Civil-Military Relations, Human Rights, Human Rights Defenders, Military and Human Rights, Press Freedom, U.S. Policy

Podcast with Rep. Jim McGovern: “What if I was in Colombia? Would I have the courage to say what I believe?”

May 20, 2020

(Cross-posted from wola.org)

Rep. Jim McGovern (D-Massachusetts), the co-chair of the Tom Lantos Human Rights Commission in the U.S. Congress, is a longtime advocate of human rights, worldwide and in Latin America.

McGovern joins WOLA in this episode for a conversation about Colombia, a country to which he has traveled several times, and where he was one of the House of Representatives’ leading advocates for the negotiations that ended with a peace accord in 2016.

We’re talking weeks after new revelations that U.S.-aided Colombian military intelligence units had been spying on human rights defenders, journalists, judges, politicians, and even fellow officers. The Congressman calls for a suspension of U.S. military assistance to Colombia while the U.S. government undertakes a top-to-bottom, “penny by penny” review of the aid program. “If there’s not a consequence, there’s no incentive to change,” he explains.

He calls for the Colombian government and the international community to do far more to protect the country’s beleaguered human rights defenders, to change course on an unsuccessful drug policy, and to fulfill the peace accords’ commitments. Human rights, Rep. McGovern concludes, should be at the center of the U.S.-Colombia bilateral relationship.

Listen to the podcast above, or download the .mp3 file.

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: Attacks on social leaders, Audio, Human Rights, Human Rights Defenders, Military and Human Rights, Podcast, U.S. Aid, U.S. Congress, U.S. Policy

Inaccurate Trump Administration Charges Against Cuba Damage Prospects for Peace Talks in Colombia and Elsewhere

May 14, 2020

Cross-posted from wola.org / Español

On May 12, the Department of State notified Congress that Cuba and other countries were certified under Section 40A(a) of the Arms Export Control Act as “not cooperating fully” with U.S. counterterrorism efforts in 2019. This is the first year that Cuba has been certified as not fully cooperating since 2015. In its statement, the State Department referred to Cuba’s denial of Colombia’s request for the extradition of National Liberation Army (Ejército de Liberación Nacional, ELN) leaders who are stranded in Havana after broken-off peace talks, and the presence of fugitives wanted by U.S. authorities who have lived in Cuba for decades. These politically motivated charges, aimed at pleasing U.S. political constituencies, undermine existing U.S.-Cuba security cooperation as well as the possibility of peace negotiations in Colombia and potentially elsewhere. 

The sanctions attached to the “non-cooperation” designation—a prohibition on the sale or export of defense equipment and services to the designated country—do not have practical consequences for Cuba, since U.S. embargo regulations already prohibit the sale of defense-related equipment and services. However, this designation further poisons the diplomatic atmosphere between Cuba and the United States. 

Designating Cuba as “non-cooperative” might be one step short of returning the country to the State Department’s list of state sponsors of terrorism (Cuba was officially removed from the list in 2015).  The rationale cited by the State Department for labeling Cuba as “non-cooperative”   is similar to the justifications previous administrations invoked for keeping Cuba on the terrorism list. 

Since Cuba’s removal from the state sponsors of terrorism list, the U.S. government and Cuba have deepened security cooperation on issues of mutual interest for mutual benefits. In January 2017, these efforts culminated in the signature of a memorandum of understanding on law enforcement issues, where both governments committed to expanding operational collaboration on counter-terrorism, illicit drug traffic, cybercrime, and cybersecurity, among other issues. In addition, both governments established specific working groups in nine separate areas to exchange information, share best practices, and direct operational coordination in specific cases including counterterrorism.

The most recent public technical meeting took place in January of 2018 between the Cuban Ministries of the Interior and Foreign Affairs and officials from the Departments of Homeland Security, Justice, and State, who highlighted the importance of cooperation in these areas and agreed to continue the technical meetings in the future

One of the factors cited by the State Department for Cuba’s 2015 removal from the state sponsors of terrorism list was Cuba’s critical role in the successful peace talks between the Colombian government and rebel group the Revolutionary Armed Forces of Colombia (FARC). In May 2018, Colombia’s government, the ELN guerrilla group, and the government of Norway asked Cuba to host peace talks between Colombia and the ELN, which had been taking place in Ecuador. Cuba and Norway were serving as “guarantor countries” for those talks, aimed at ending a conflict that began in 1964. 

In April 2016, at the outset of the talks, all involved —including Colombian government representatives—signed a set of protocols. These stated clearly that, should the ELN talks break down, the ELN’s negotiators would not be arrested—they would have 15 days to leave Cuba and receive safe passage back to Colombia. However, President Iván Duque’s administration, which took office in August 2018, was much more skeptical about peace talks. In January 2019, the ELN set off a truck bomb on the premises of Colombia’s National Police academy, killing 22 people and forcing an end to the negotiations. After that, the Colombian government did not honor the protocols governing a breakdown of talks. It demanded that Cuba turn over the ELN’s negotiators for arrest, later formally requesting their extradition. Cuba would not do that, and the guerrilla negotiators remain stranded in Cuban territory. The ELN leaders themselves continue to demand to be allowed to leave Cuba, as detailed in the protocols that Colombia’s government signed.

The communities where the ELN operates have consistently pleaded with the Colombian government to engage in exploratory peace talks with the guerrilla group, especially amid the COVID-19 pandemic. These recent actions by the U.S. and Colombian governments disregard the security and well-being of afro-colombians, indigenous, and rural farmers who have no alternative but to deal with the negative implications of illegal groups like the ELN that operate in their territories. Rather than create obstacles to consolidating peacemaking efforts, the Colombian government should be taking all possible steps to create the conditions needed to reinstate dialogue and work towards establishing a durable peace. 

The “non-cooperation” designation sets a damaging precedent for future peace processes.

It sends the message that if a state agrees to host peace talks, and doesn’t violate its word, that state could still face severe consequences for its contribution to global peace and security. In Colombia, as reprehensible as the ELN’s actions were, this sends a perverse message to any group that might decide to enter into a future peace process with the government. 

Ultimately, this step by the Trump administration undermines ongoing cooperation on national security and law enforcement cooperation between Cuba and the United States, while undercutting effective international diplomacy.

Tags: Counter-Terrorism, ELN, ELN Peace Talks, U.S. Policy

A New Scandal Underscores Colombia’s Stubborn Inability to Reform Military Intelligence

May 7, 2020

(Cross-posted from wola.org)

Semana, a Colombian newsmagazine that often exposes human rights wrongdoing in Colombia’s armed forces, published another scoop on May 1, 2020. Army intelligence units, it found, had been developing detailed dossiers on the personal lives of at least 130 reporters, human rights defenders, politicians, judges, and possible military whistleblowers. The list of targets includes U.S. citizens who work in Colombia as reporters for major media outlets.

Semana has a long record of revealing malfeasance in the security forces. The last five covers are from the past twelve months.

This is the latest of a long series of scandals involving illegal wiretapping, hacking, surveillance, or threats from Colombia’s powerful, U.S.-backed security and intelligence forces. Though Colombia has taken modest steps toward accountability over its military, the Semana revelations show us how fragile and reversible this progress is.

The purpose of intelligence should be to foresee and help prevent threats to law-abiding people and their freedoms. In a country where a social leader is murdered every other day, such threats abound. For scarce intelligence resources to be diverted away from those threats, and channeled instead to illegal and politicized ends, is a betrayal of public trust and an attack on Colombian democracy.

Preventing a further repetition of these intelligence abuses will require Colombia’s government to take bold steps. These include holding those responsible, at the highest levels, swiftly and transparently accountable for their crimes. Because U.S. assistance may be implicated in, or at least adjacent to, the military intelligence units’ actions, how Colombia responds must have giant implications for the integrity of the bilateral relationship and the ostensible purposes of U.S. aid. Any indication that these crimes may once again end up in impunity must trigger a cutoff of U.S. aid to the units involved.

What we know about the latest revelations comes mainly from Semana and other Colombian media. We lay it out in the following narrative.

Prehistory: this keeps happening

Unauthorized wiretapping scandals recur with numbing regularity in Colombia. In 2009, Semana—which tends to reveal most of these misdeeds—uncovered massive surveillance and threats against opposition politicians, judicial personnel, reporters, and human rights defenders. These were carried out by an intelligence body, the Administrative Security Department (DAS), that reported directly to President Álvaro Uribe. The DAS had already run into trouble earlier in Uribe’s government (2002-2010) for collaborating with paramilitary groups on selective killings. As a result of the 2009 scandal, the DAS was abolished in 2011.

In 2013 Colombia passed a landmark intelligence law prohibiting warrantless surveillance or intercepts, and put strong limits on judges issuing warrants against people who were not organized criminals, drug traffickers, or terrorists. The law created a congressional oversight body that has been largely inactive, while a commission to purge intelligence files issued a report that was not acted upon.

By 2014, army intelligence was at it again. Semana revealed the existence of a hacking operation, “Andromeda,” working out of what looked like a restaurant in western Bogotá. Its targets included government negotiators participating at the time in peace talks with the FARC guerrillas. Since then, efforts to hold accountable those responsible for Operation Andromeda have shown “no results to date,” according to the Inter-American Human Rights Commission.

President Juan Manuel Santos’s second term (2014-2018), marked by the conclusion of a peace accord with the FARC, was a quieter period for military human rights scandals. A moderate, and moderately reformist, high command implemented doctrinal changes and supported the peace process, while human rights groups documented fewer extrajudicial executions committed directly by the armed forces.

2019, a bad year for Colombia’s army

Progress reversed sharply in 2019. The high command that new President Iván Duque put into place, including Army Chief Gen. Nicacio Martínez, fell under criticism from human rights groups for their past proximity to “false positive” extrajudicial killings a decade earlier. Colombian media began gathering reports about increased abuses, and abusive behavior, at the hands of military personnel. Semana revealed that in a January meeting Gen. Diego Luis Villegas, the chief of the military’s “Vulcan Task Force” and now head of the army’s “Transformations Command,” said, “The army of speaking English, of protocols, of human rights is over.… If we need to carry out hits, we’ll be hitmen, and if the problem is money, then there’s money for that.”

President Iván Duque and Army Chief Gen. Nicacio Martínez, February 4, 2019 (Image c/o the Colombian presidency). 

In April, troops in Gen. Villegas’s task force killed a former FARC guerrilla in northeast Colombia’s volatile Catatumbo region. Semana reported later in the year that a colonel had told his subordinates that he wanted Dimar Torres dead. (Gen. Villegas apologized publicly for the killing, and the colonel is detained awaiting trial.)

In May 2019, the New York Times ran with a story that Semana had been sitting on: army chief Gen. Martínez and his commanders were reviving “body counts” as a principal measure of commanders’ effectiveness. Rather than measure territorial security or governance, army brass decided to require unit commanders to sign forms committing themselves to a doubling of “afectaciones”—armed-group members killed or captured—in their areas of operations. This raised concerns about creating incentives for “false positives”: killings of innocent civilians in order to pass them off as combatants to pad body counts, as happened thousands of times in the 2000s. 

Whistleblowers within the military were the main sources for the Times story. Rather than upholding those whistleblowers and rethinking “body counts,” the high command launched a campaign to root out officers who talked to the media, including New York Times reporter Nicholas Casey. In what Semana revealed in July and called “Operación Silencio,” counterintelligence officers began interrogating and polygraphing army colleagues suspected of snitching. (We would learn in May 2020 what the army was doing at the time about Nicholas Casey.)

The second half of 2019 had more bumps for the army. Semana revealed corruption scandals, including selling permits to carry weapons and misuse of funds meant for fuel and other needs. These led to the firing of five army generals, including Gen. Martínez’s second in command. In November, the civilian defense minister, Guillermo Botero, was forced to resign amid allegations of a cover-up of an August bombing raid on a rearmed FARC dissident encampment, which killed eight children.

The January 2020 hacking revelations

After a stormy year-long tenure, Gen. Nicacio Martínez, the army commander, abruptly resigned on December 26, 2019. (The General told El Tiempo that he discussed his exit with his family on December 8, notified President Iván Duque the next day, and was out 17 days later.) On January 13, 2020, Semana published a bombshell cover story on what it called “the real reasons that caused the government to retire the army commander.”

Tags: Civil-Military Relations, Human Rights, Human Rights Defenders, Military and Human Rights, Press Freedom, U.S. Policy

Podcast: “These moments of social resistance are never moments. They have long histories.”

May 5, 2020

Winifred Tate, an anthropologist at Colby College and former WOLA staff member, is one of the country’s top experts on Colombia. She is the author of 2 books about Colombia: Counting the Dead, about the human rights movement in the country, and Drugs, Thugs, and Diplomats, about how U.S. policy toward Colombia gets made and how human rights groups have dealt with it. Tate has worked on Colombia from two perspectives: as a scholar, but also as an advocate, which gives her a unique perspective.

Here, she talks about the origins of Colombia’s human rights movement and the pros and cons of “professionalizing” defense of human rights. She discusses the importance of community-based organizing and the work of women activists in a very conflictive part of the country. The conversation delves into continuities in U.S. policy, especially Washington’s preference for military solutions to complex problems.

Listen above, or download the .mp3 file.

Tags: Audio, Civil Society Peace Movement, Drug Policy, Human Rights Defenders, Podcast, U.S. Policy

Colombia Pushes Coca Eradication During COVID-19 Pandemic

April 24, 2020

The following April 23, 2020 statement is cross-posted from wola.org. We are alarmed that Colombia is not only going ahead full-throttle with manual eradication operations in coca-growing zones during a pandemic, but that eradicators’ security-force escorts have killed two civilians in the past four weeks.

Washington, D.C.—On Wednesday, April 22, in an Indigenous community in southwest Colombia, public security forces killed one person and injured three others who were peacefully protesting a police operation to manually eradicate coca plants. Members of the police eradication team fired into a group of Awa Indigenous people, who were attempting to talk to them about why Indigenous authorities hadn’t been consulted about the planned eradication, as required by law. The death is the second related to manual coca eradication operations since Colombia went into national quarantine in late March.

Even while imposing a strict national quarantine, the Colombian government has launched more intense and aggressive coca eradication operations during the COVID-19 pandemic. These operations, which often require the deployment of public security forces without appropriate protective equipment, have sparked long-standing tensions in six Colombian departments. In addition to concerns about the spread of COVID-19 due to the deployment of eradication forces, the aggressive eradication campaign has ignored key elements of the historic 2016 peace accord. 

In the operation that led to the death of one Indigenous community member and three wounded in southwest Colombia, the government had failed to consult with the community prior to the operation. Additionally, in many of the other municipalities targeted in the last month, the Colombian government has systematically failed to deliver payments and other productive project support for crop substitution programs as laid out by Chapter 4 of the peace accords. 

The Duque administration’s push to intensify coca eradication has largely responded to an aggressive pressure campaign from the Trump administration. Citing rising rates of coca production and cultivation, the Trump administration has pushed the Duque government to expand its eradication teams from 25 in 2017 to nearly 150 today. This rapid expansion appears to have vastly outpaced any instruction in use-of-force protocols that the security forces accompanying the eradicators were receiving, heightening the risk that when these teams go into rural communities to destroy what is, for many families, their only steady source of income, the resulting confrontations involve excessive or even lethal force. 

Beside increasing coca eradication operations during the nationwide lockdown, Colombia has seen no slowdown in the pace of attacks and threats against social leaders, including those who are advocating for implementation of the peace agreement’s illicit crops chapter. On April 22 alone, three people at a local community council in southwest Nariño department were killed by dissident fighters from the now-demobilized FARC guerrilla group; another social leader, who formed part of the leftist Marcha Patriótica political movement, was killed in Cauca department; and two more were killed elsewhere in Cauca. Various Afro-Colombian communities in Cauca and Chocó department have also expressed concern about eradication operations and threats by armed groups in their area. According to Colombian think tank Indepaz, at least 71 social leaders were killed during the first three months of 2020; at least another dozen have been killed since Colombia’s national quarantine began. 

The Colombian government needs to rigorously and promptly investigate the killings of social leaders, securing convictions for those who carried out and those who ordered the crime. Additionally, instead of a drug policy that emphasizes forced eradication of coca, the Colombian government should uphold its commitments in the 2016 peace agreement and promote rural land reform, sustainable development, and the establishment of state presence in coca cultivation areas. Finally, given the number of leaders from farmers’ association the National Agrarian Coordinator (Coordinador Nacional Agrario) and the Marcha Patriótica who have faced violent attacks and threats, all armed actors—including FARC dissident groups and government forces—should avoid involving civilians in armed conflict.

Tags: Coca, Drug Policy, Human Rights, Illicit Crop Eradication, U.S. Policy, WOLA Statements

WOLA Podcast: “I Wish I Did More Positive Reporting About Colombia Because I Love the Place”

March 31, 2020

Since 1997, John Otis has been reporting from Colombia, covering the Andes, for many news outlets. You may recognize his voice as National Public Radio’s correspondent in the Andes, or seen his many recent bylines in the Wall Street Journal. He is also the author of a highly recommended book about aspects of the conflict, Law of the Jungle (2010).

Here, John talks about some of the many changes he has seen in both Colombia and Venezuela during his tenure. The conversation also covers Colombia’s peace process, the difficulty of explaining the country’s complexity, and some places and people who’ve left very strong impressions over the years.

Listen above, or download the .mp3 file.

Tags: Audio, Podcast, Politics of Peace, Post-Conflict Implementation, Transitional Justice, U.S. Policy

Podcast: “Guerrilla Marketing” in Colombia

March 19, 2020

Here’s a new Colombia-related installment in WOLA’s podcast series. A conversation with Alex Fattal, whose 2018 book “Guerrilla Marketing” tells the story of the Colombian military’s employment of advertising campaigns to convince guerrillas to demobilize during the country’s armed conflict. His work explores the overlap between national security, global capitalism, and “branding.”

The podcast is above, or download the mp3 here.

Tags: Audio, Demobilization Disarmament and Reintegration, Podcast, U.S. Policy

An outdated interpretation of counter-terror law has painted U.S. Colombia programming into a corner. The way out is simple.

March 11, 2020
The Humanicemos website uses a lot of the same mission language as U.S. government documents. But U.S. officials can’t even buy its members a cup of coffee.

(Español)

Humanicemos is a non-governmental organization dedicated to clearing landmines in Colombia. Its personnel are former combatants from the FARC guerrillas, who demobilized after the signing of a 2016 peace accord and are now embarking on new lives. It gets support from the UN and the European Union, and works with Colombian government agencies.

This sounds like the sort of feel-good group that the U.S. government would want to support. But it does not support it. In fact, for U.S. officials, the members of Humanicemos are untouchable.

In January, Andrés Bermúdez Liévano writes at JusticeInfo, Angela Orrego of Humanicemos reported to a Bogotá hotel to participate in a 2020 planning meeting of groups working on de-mining.

But when Orrego and two of her colleagues from Humanicemos, one of those organizations created to destroy landmines, arrived, another government official barred them from entering.

“I’m very sorry,” she told them. The meeting was partially funded by the U.S. State Department, she explained, and that meant they could not participate.

At issue is a U.S. law prohibiting “providing material support to terrorists” (18 U.S. Code Sec. 2339A). Though it demobilized nearly three years ago, the Revolutionary Armed Forces of Colombia, FARC, remain on the State Department’s list of foreign terrorist organizations, and all of its members are still considered to be terrorists. As a result, it is a crime—punishable with fines or up to 15 years in prison—for U.S. citizens to provide any FARC party members with money, lodging, training, expert advice or assistance, communications equipment, facilities, or transportation.

As currently interpreted, the prohibition doesn’t apply to former FARC members who demobilized individually and have in some way renounced membership in the FARC political party. Individual demobilized receive some U.S. support through the Colombian government’s Reincorporation and Normalization Agency.

The rest, though—the thousands of former FARC members who maintain some identity related with the FARC political party, like Ms. Orrego—are frozen out. It is illegal even to buy them a cup of coffee, much less instruct them in a skill like landmine removal.

This “material support” statute—or rather, the way it’s being interpreted right now—is more than an annoyance. It’s becoming an obstacle to U.S. interests in Colombia. The State Department, the Defense Department, and USAID all place a high priority on supporting “stabilization” in Colombia. That’s the term they and the Colombian government use to describe introducing a functioning government presence, with basic services and security, in vast ungoverned rural areas where coca and armed groups thrive. In these areas, thousands of former FARC members circulate freely today. Many have a strong interest in the goals of stabilization, which overlap closely with the first chapter of the peace accord (“rural reform”).

This means that today, U.S.-supported stabilization efforts are frequently running into engaged former FARC members, with bizarre results. In off-the-record conversations going back to 2017, U.S. officials have told WOLA staff of incidents in which former low-ranking guerrillas have been barred from Colombian government meetings to plan Territorially Focused Development Plans (PDETs) or to consult with communities about government services, just because the U.S. government was partially or fully covering the meetings’ cost.

In some cases, U.S. officials only found out afterward that low-level former guerrillas had attended U.S.-funded events. When that has happened, because that ex-guerrilla may have had a sandwich or drink provided by the conference organizers, or may have received some knowledge by attending the event, U.S. officials have had to endure numerous subsequent meetings with State Department lawyers, going over every detail to document and understand what happened, what the organizers knew, and whether it was punishable.

The FARC ceased to exist as an armed group in August 2017, after handing in 8,994 weapons and more than 938 arms caches to a UN mission. “Of 13,202 ex-combatants accredited before the accord’s signing,” the Colombian Presidency’s High Counselor for Stabilization and Consolidation reported last month, “12,940 remain committed to their reincorporation.” While some estimates of ex-guerrillas’ desertions from the peace process run as high as 830, the fact remains that the overwhelming majority of former FARC members continue to be engaged with the process. That their mere presence can halt or water down U.S. support for important stability and demining efforts is an absurdity. 

“The FARC are still part of the terrorist list,” U.S. Ambassador Philip Goldberg told a Colombian newspaper in February, “because, as we know, there are some dissident groups still involved in narcotrafficking and violence.” The dissident groups are a big challenge. Their approximately 2,400 members, scattered across about 23 groups, either refused to demobilize, abandoned the process later, or are new recruits. Their numbers are growing.

But the dissident groups aren’t the ex-FARC. In fact, they are one of the main threats to the security of ex-FARC fighters who have renounced violence. To date, about 186 demobilized FARC members have been killed. Of 93 cases for which Colombian government investigators have been able to attribute responsibility, FARC dissidents are the likely killers in 36—that is, 39 percent of cases. It makes no sense, as Ambassador Goldberg did last month, to conflate FARC party members who’ve renounced violence with the FARC dissidents who are attacking them. They don’t belong on the same list.

If this is truly the reason why peace process-respecting former guerrillas remain on the terrorist list, there’s an easy remedy that doesn’t necessarily even require removing a group called “FARC” from the terrorist list. The U.S. government just needs to reinterpret the existing statute in a way that distinguishes between dissident groups and demobilized guerrillas. If the current interpretation has painted U.S. programming into a corner, then that interpretation needs to be updated for the reality of Colombia in 2020.

That would mean screening out from U.S.-funded programs not everyone who is considered a FARC party member or affiliate, but instead only:

  • The few dozen ex-guerrillas who are wanted by U.S. courts for drug trafficking or kidnapping;
  • Those facing serious and specific accusations of war crimes before the Special Jurisdiction for Peace, the Colombian government’s system of war crimes tribunals;
  • Those on the Treasury Department’s “Specially Designated Nationals” list; and
  • Those credibly alleged to be continuing to engage in illicit activity.

The number of individuals meeting these criteria is a small percentage of the total universe of non-dissident ex-guerrillas. For the rest, there should be no other barrier to participation in U.S.-funded programs. The remaining rank and file, trying to build a peaceful life and contribute to Colombia’s reconciliation, must lose their “untouchable” status.

Three years is enough: it is past time to realign the statute’s interpretation to match up with Colombia’s reality. And Congress should communicate to the State Department, in any way appropriate, that it does not object to this common-sense adjustment.

Tags: Counter-Terrorism, U.S. Aid, U.S. Policy

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

Latest Table of Aid to Colombia

February 24, 2020
Click to enlarge.

The Trump administration issued its 2021 State Department and foreign aid budget request to Congress on February 10. It calls for a big increase in counter-drug aid to Colombia’s police and military, along with cuts in economic aid and non-drug military aid.

Congress is certain to reverse this, as it has, on a bipartisan basis, with the Trump White House proposals to cut aid for 2018, 2019, and 2020. But in the meantime, here are the numbers from the past few years, starting before the Obama administration’s “Peace Colombia” aid package went into effect in 2017.

Sources for most of these numbers:

Not reflected here is assistance to Colombia to manage flows of Venezuelan refugees.

Tags: U.S. Aid, U.S. Policy

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

Colombian Congress Concerned About U.S. Ambassador Whitaker

April 24, 2019

The below post features a letter from several members of Colombia’s Congress who support full implementation of the peace accord. They emphatically reject views that U.S. Ambassador Kevin Whitaker expressed in some unusual early April meetings with Colombian legislators. An account of these meetings was first reported in the Bogotá daily El Espectador. That report showed Whitaker, a career diplomat now completing his fifth year as ambassador, hinting that

  1. All U.S. aid to Colombia may be cut if Congress rejects President Iván Duque’s objections to the law underlying the transitional justice system. Colombia’s House overwhelmingly rejected those objections on April 8
  2. President Trump may “decertify” Colombia in September for being a poor partner in the drug war.
  3. The extradition of former FARC negotiator Jesus Santrich is a “point of honor” for the U.S. government.

The letter continues:

 

Press Release

Denouncing the Ambassador of the United States in Colombia’s Intrusion

 

We, the undersigned Members of Congress, affirm the following:

  1. We reject the U.S. Ambassador Kevin Whitaker’s open intrusion into Colombia’s domestic politics. We do not consider the intervention into the legislative debate a legitimate exercise of his diplomatic privileges in Colombia, especially in regard to the transitional justice system and the peace process. Thus, any form of political pressure on members of the Legislative or Judicial branches, even in the form of statements or suggestions in a public forum, are inadmissible. The role of diplomacy is to cultivate and maintain good relations between countries, people, and governments and not to get involved in the country’s own political issues and democratic functions.
  2. We express our solidarity with John Jairo Cárdenas, representative of the Chamber of Representatives and member of the U Party on the Chamber’s Peace Commission, in light of the announcement from the U.S. Embassy suspending his visa. We consider this action to be an unwarranted conflict in our normally cordial bilateral relations. We are willing to respond proportionately to express our dissatisfaction with the treatment given to our fellow Representative Cárdenas.
  3. We additionally establish that the position taken by the U.S. ambassador regarding the Special Jurisdiction for Peace (JEP) and its legality contradicts the statements and positioned that the U.S. government has adopted in its capacity as a Permanent Member of the United Nations Security Council. Jonathan Cohen, the previous ambassador from the United States, issued the following statement in the name of his government: “We reaffirm the importance of Colombia’s enforcement of the Statutory Law of the JEP, as it empowers the judicial body to act in an independent and effective manner.
  4. We ask that President Iván Duque Márquez, acting through the offices of Chancellor Carlos Holmes Trujillo, communicates this position from the National Government of Colombia rejecting this act violating our national sovereignty.

Signed:

Angélica Lozano

Senator of the Republic of Colombia

Gustavo Petro

Senator of the Republic of Colombia

Julián Gallo Cubillos

Senator of the Republic of Colombia

Iván Cepeda Castro

Senator of the Republic of Colombia

Wilson Arias Castillo

Senator of the Republic of Colombia

Luis Alberto Albán Urbano

Representative of the Republic of Colombia

Jorge Gómez

Representative of the Republic of Colombia

Juanita Goebertus

Representative of the Republic of Colombia

Ángela María Robledo

Representative of the Republic of Colombia

Jorge Enrique Robledo

Senator of the Republic of Colombia

Katherine Miranda Peña

Representative of the Republic of Colombia

Omar Restrepo

Representative of the Republic of Colombia

Fabián Díaz

Representative of the Republic of Colombia

Alberto Castilla

Senator of the Republic of Colombia

Antonio Sanguino

Senator of the Republic of Colombia

Jairo Cala Suárez

Representative of the Republic of Colombia

Carlos Alberto Carreño

Representative of the Republic of Colombia

Benedicto González

Representative of the Republic of Colombia

María José Pizarro

Representative of the Republic of Colombia

León Fredy Muñoz

Representative of the Republic of Colombia

Wilmer Leal

Representative of the Republic of Colombia

David Racero

Representative of the Republic of Colombia

Tags: Human Rights Defenders, U.S. Congress, U.S. Policy

Last Week in Colombia’s Peace Process: Week of September 30-October 6

October 13, 2018

Prosecutor’s Office Raids Transitional Justice System Headquarters

On the afternoon of October 4 agents of Colombia’s Chief Prosecutor’s Office (Fiscalía, which investigates and prosecutes crimes in the regular criminal justice system) showed up at the offices of the new, separate transitional justice system created by the peace accords (Special Peace Jurisdiction or JEP, which investigates and prosecutes war crimes committed during the armed conflict). The agents, sent by the Fiscalía, demanded to be allowed to carry out a “judicial inspection” of the files in the new justice system’s first and largest case so far, numbered “case 001”: charges of mass kidnapping against 31 FARC leaders.

This action, which appeared to be a blatant interference in the new justice system’s workings, generated expressions of outrage against Prosecutor-General Néstor Humberto Martínez, a frequent critic of the JEP and other aspects of the FARC peace accord. Though Martínez quickly rescinded the order and called back the agents, JEP President Patricia Linares declared, “the Prosecutor’s Office obtained a digital copy of the casefile, due to the hasty manner in which the procedure was carried out.”

Linares “strongly and emphatically reject[ed]” what she called “the Fiscalía’s undue interference with the autonomy and judicial independence” of the JEP, adding that it was “openly violative of the judicial reserve that covers the investigations carried out by JEP judges.”

The UN Verification Mission and Office of the High Commissioner for Human Rights in Colombia issued a joint declaration following the incident:

The rights of victims and the legal security of participants in the armed conflict depend on strict respect of all public powers for the independence and autonomy of the Special Jurisdiction for Peace. We underline the importance that collaboration between jurisdictions be harmonious and fully respectful of their respective competences.

What Colombian media called a “train crash” between the old and new judicial bodies could have consequences for the peace process. It appeared to be a political move seeking to intimidate the JEP and demonstrate the Fiscalía’s relative power. It may have increased former FARC leaders’ fear of being arrested in a similar future show of political power, which risks causing more of them to abandon the process, either going into hiding or taking up arms again.

Missing FARC Leaders Send a Harshly Worded Letter

Two of the most prominent leaders who have already gone clandestine surfaced in a letter sent to the Peace Committee of Colombia’s Congress. Iván Márquez, the FARC’s chief negotiator during the Havana peace talks, and Óscar Montero alias “El Paisa,” once head of a powerful FARC mobile column, have been missing since June or July. Their letter, the first communication from them in months, had some very harsh words for a process they view as failing.

“The peace accord has been betrayed,” reads the letter, which laments having agreed to turn in weapons before reaching more specific agreement on the terms of ex-combatants’ reintegration. The letter outlines what, in the missing leaders’ view, are three “structural flaws” in the November 2016 accord.

First, they cite “judicial insecurity,” believing themselves vulnerable to arbitrary arrest and possible extradition. They allege that this is what happened to Jesús Santrich, a guerrilla negotiator close to Márquez who was arrested in April and faces an extradition request to the United States on charges of conspiring to transship cocaine. The two ex-guerrilla leaders write that these charges are a “judicial setup hatched by the Attorney General, the U.S. Ambassador, and the DEA.” Writing in La Silla Vacía, analyst Héctor Riveros notes that regardless of the truth behind the Santrich case, the “judicial insecurity” argument has served “hundreds of ex-guerrillas” as a pretext for exiting the process and joining armed dissident groups.

The second “flaw” noted in the letter are the changes made to the accord after it was narrowly rejected in an October 2016 plebiscite, which in their words “transfigured the Havana Accord into a horrific Frankenstein.” Third, they cite the Colombian Congress’s failure to pass all the legislation needed to implement the accord, especially reforms to the political system and the failure to create special temporary congressional districts to represent victims’ groups.

The FARC political party held a press conference in the Congress, with its legislators rejecting the arguments in Márquez and Montero’s letter. “They’re totally wrong,” said FARC Senator Carlos Antonio Lozada.

“I could hardly go and say that there are no conditions or guarantees while I’m sitting in the Senate press room leading a press conference. What we’re saying is that the process has difficulties, the implementation has not been consistent on the part of the state, but there are some spaces that have been won, we value them and they are very important to achieve progress in the implementation of the peace accords.”

Lozada called on the missing leaders to “understand” that the ex-guerrilla party has adopted a supportive but critical position on the accord’s implementation, and that they “reconsider their position.”

Meanwhile, Defense Minister Guillermo Botero told the Blu Radio network that “the police have intelligence reports” about Márquez and Montero’s current location. While refusing to reveal anything on the radio, Botero acknowledged that both are in Colombia.

US Ambassador Pushes for Santrich Extradition

The Jesús Santrich case remains a big test for Colombia’s new transitional justice system. The former guerrilla negotiator remains in prison awaiting a decision from the JEP about whether he may be extradited to face charges in a New York federal court of conspiring to send 10 tons of cocaine to the United States in 2017, after the peace accord was ratified.

“Extradition is a very strong tool for Colombia, for the United States, for the victims and for the peace agreement,” U.S. ambassador Kevin Whitaker said this week. “Jesus Santrich is accused in a United States Court of having violated U.S. law, that is why we are seeking his extradition and we will continue in that.” The ambassador added, “Any person or institution that can stop the extraditions affects the interests of the United States, affects the interests of Colombia and of all those who long for peace.”

The FARC insists that Santrich, a FARC ideologist who has poor eyesight and little apparent prior involvement in the guerrillas’ narcotrafficking, is innocent. They doubt the evidence made public so far, which appears to show Santrich offering approval to a plan, hatched by a nephew of Iván Márquez, to send coca to Mexican narcotraffickers who are, in fact, DEA agents or informants.

Farc Senator Victoria Sandino said, “It’s been more than six months since they captured Jesus Santrich, with the argument that U.S. justice has the evidence,” but “the Prosecutor-General’s office then goes out and says it does not have it. And now the Embassy persists in the extradition. What we say is show the evidence and present it to the JEP. And Santrich’s legal defense demands freedom, because no evidence has been shown.”

Sandino is referring to this chain of events:

  • When another country requests the extradition of an individual facing trial in the JEP, the peace accord requires the JEP to determine whether the alleged crime took place before or after the December 2016 ratification of the FARC peace accord—the official end of the conflict. If the crime happened before that date, then extradition would be blocked.
  • This procedure left unclear whether the JEP was merely to perform the clerical task of certifying the date of the alleged crime, or whether it was also empowered to decide whether there was enough evidence to back up the allegation.
  • Colombia’s Constitutional Court settled this question in August, when it determined that the JEP does have the ability to evaluate the evidence backing an allegation.
  • On September 18, the JEP asked the Fiscalía to turn over all the evidence in its possession about the Santrich case.
  • On September 27, the Fiscalía sent a letter to the JEP stating that it had turned over everything it its Santrich file. La Silla Vacía commentator Héctor Riveros characterized this as “the ‘bureaucratic file,’ that is, some letters and little else.”
  • On October 1, the Fiscalía announced via Twitter that it had sent 12 more audio files to the JEP. But it also surprisingly announced that it “does not have audio or video evidence. …The elements being requested now are those that form part of a judicial process in the United States.” That the proof against Santrich is not available in Colombia drew much attention in Colombian media.
  • According to Riveros, the Chief Prosecutor then tried to do some damage control: “Prosecutor Néstor Humberto Martínez, aware of the seriousness of Santrich’s detention, invited the directors of the most influential media in the country to his office to show part of the evidence on the basis of which the former negotiator’s arrest was ordered. They were short videos and some photos that, although they did not reveal anything, hinted that Santrich may have been literally caught ‘with his hands in the cookie jar.’”

“If everything keeps going like this,” Riveros wrote, “that Jurisdiction [JEP] can not say anything other than that there is no proof that Santrich has committed crimes after the accord’s signing.”

New Security Council Report

The UN Verification Mission in Colombia issued its latest quarterly Secretary General’s report to the Security Council on the demobilization and reintegration process. It covers July 21 to September 26. Some of its key findings:

  • As of August 30, approximately 13,000 demobilized FARC members had been accredited by Colombia’s Office of the High Commissioner for Peace, and 12,773 of them had been provided with their accreditation, an increase of 150 since July. It’s hard to notify some of these ex-guerrillas of their accreditation because of their “increased dispersal.”
  • On August 10 the FARC gave the Office of the High Commissioner for Peace a list of about 1,000 additional former members, who were not on the “final” list of August 15, 2017, the date the FARC officially disarmed. Most of the new names, the Secretary-General’s report notes, “come from areas affected by continuing security challenges and where the integration of the individuals into the process could be beneficial. As such, I hope that this matter will be treated by the new Government as a priority.”
  • As of late August, 232 accredited ex-guerrillas were still in prison, even though the accord calls for amnesty for their crime of sedition, and then for their future appearance before the JEP for more serious crimes.
  • The UN Mission reiterated concerns about “the departures of several former FARC-EP commanders from the territorial areas for training and reintegration in the south-eastern region. Some of them have cited concerns about their physical and legal security as a motivating factor.” Ominously it adds, “this development has underlined the continued fragility of the peace process, owing in particular to the persistence of violence in the zones of conflict linked mainly to criminal groups.”
  • The Mission’s chief, UN diplomat Jean Arnault, said that about 4,000 ex-FARC members remain in the “territorial areas,” or demobilization sites, or their immediate vicinity. (Ex-guerrillas have been free to leave these sites since August 15, 2017.) More than 2,000 have moved to “several dozen new regrouping points and thousands are dispersed throughout all of the country, including in the main cities.”
  • “The process of economic reintegration is clearly lagging behind other dimensions of reintegration,” the report states. “[T]he fundamental goal of providing income-generating opportunities to some 14,000 former combatants is far from being realized, as illustrated by the fact that only 17 projects have been approved, of which only 2 are currently funded.” Former FARC members are carrying out dozens of productive projects, informally, on their own. Many could succeed, the UN report contends, “if provided with better access to technical and marketing advice, land and overall support from the Government, local authorities and the private sector, among others.”
  • Nine former FARC members were killed during the 90-day period, making a total of 71. The Fiscalía’s Special Investigation Unit, set up by the peace accord to investigate these killings, notes that three-quarters of these killings took place in five departments: Nariño (16), Antioquia (15), Cauca (12), Caquetá (8), and Norte de Santander (7). The UN report notes further, “In 34 cases, the Unit reported significant progress in its investigations, with 17 instigators or perpetrators arrested. Of these, 15 cases involved dissident groups, 7 involved private individuals, 6 were attributed to ELN, 4 cases were attributed to the Clan del Golfo criminal group, 1 involved local criminal organization and 1 case remains under investigation. According to the Investigation Unit, the principal motives behind the attacks are related to territorial control (21 cases) and revenge (3 cases).”
  • Even without direct negotiations, the UN report states that “continued direct communication between the Government and ELN is welcome.” The report finds that renewed peace talks are certainly possible: “The Government has made it clear that it expects a cessation of all violence; the ELN, for its part, has stated that it aims to bring about substantive change based on a broad social dialogue. The two goals are not incompatible.”

FIP Report Finds Deteriorating Security Conditions

The Ideas for Peace Foundation (FIP), a Bogotá-based think-tank founded by members of the business community, released an extensive report on October 3 about deteriorating security guarantees for practicing peaceful politics in post-conflict Colombia. “From a feeling of tranquility and expectation for the returns that the implementation of what was agreed with the FARC would bring,” the report reads, post-conflict regions “have passed into distrust and fear for the reactivation of violence.” It zooms in on four conflictive regions: Arauca, Catatumbo, Cauca, and southern Bolívar.

Among the report’s findings:

  • In the 170 municipalities (counties, of which Colombia has about 1,100) that Colombia has prioritized for post-conflict Development Programs with a Territorial Focus (PDETs), homicides increased 28 percent in January-July 2018, compared to the same period in 2017.
  • In these municipalities, forced displacement tripled, from 5,248 people to 16,997.
  • In these municipalities, crimes against social leaders also nearly tripled, from 24 to 67.
  • Throughout the country, 93 social leaders were killed between January and August, compared to 50 during the same period in 2017.

In the four regions it looked at, the FIP found common patterns:

  • an unstable confluence of armed actors;
  • a reactivation of social conflicts;
  • vulnerability of social leaders;
  • delays in the implementation of the peace accord;
  • weaknesses in ex-combatants’ reincorporation process; and
  • difficulties in implementing security guarantees at the local level.

The FIP calls for urgent measures to prevent further deterioration of post-conflict zones’ security situation. “Under these conditions, the implementation of the peace accord is at a critical moment. We still have time to prevent and contain the manifestations of violence and intimidation in the territories affected by the presence of illegal armed groups and armed confrontation.”

Kidnapping of Mayor’s Son, Age Five, in Catatumbo

Two armed, motorcycle-mounted men kidnapped the five-year-old son of the mayor of El Carmen, a municipality in the violence-torn region of Catatumbo, in Norte de Santander department near the Venezuelan border. The mayor, Edwin Contreras, is part of a political dynasty in the 2,000-person municipality; his uncle had held the post before him. “Since he became mayor, he has received strong intimidations,” reports El Espectador.

The Catatumbo region, with 11 municipalities and a population of about 300,000, has suffered frequent fighting between the ELN and a local guerrilla group, the EPL, since March. The two groups previously had cordial relations, but the departure of the FARC from part of the zone, and a sharp rise in coca cultivation, undid the local power equilibrium. Violence has since shuttered schools at times and displaced thousands.

While the kidnappers’ identity is unknown, speculation points to the ELN. “In this municipality, even a needle can’t move without the ELN knowing about it,” local residents who asked to remain unnamed told El Espectador. “We’re so exposed that on any given day they can kidnap the mayor’s son,” the municipal ombudsman said. “There is no Army here. There is a police presence, but they can’t do their job. They can’t go out. We’ve reiterated this issue in all official security meetings. We are abandoned to our fate.”

In-Depth Reading

Tags: Extradition, Transitional Justice, U.S. Policy, UN, Weekly update

Last Week in Colombia’s Peace Process: Week of September 23-29

October 7, 2018

Presidents Duque and Trump Meet in New York

Seven weeks into his presidency, Colombian President Iván Duque had his first meeting with U.S. President Donald Trump, outside the UN General Assembly meetings in New York. “It was a great meeting,” Duque later told the Washington Post’s Lally Weymouth. “We are going to strengthen our relationship with the U.S.—not only the military cooperation, but also trade and development assistance. We also talked about Venezuela and got the president’s strong support for the refugee situation we’re facing due to the [Venezuelan President Nicolás] Maduro regime.”

The leaders had an 18-minute exchange with reporters. Trump stressed the U.S. desire that Duque address Colombia’s recent increase in coca and cocaine production.

What I want — what I want and what we’ve discussed, and one of the reasons I was so happy to see the President’s victory — that was a great victory and there was a very worldwide, world-renowned victory because of his strong stance on drugs.

Now, if he comes through, we think he’s the greatest. If he doesn’t come through, he’s just another President of Colombia. (Laughter.) But I think he’s going to come through. I really do.

Semana reported that Duque has set a goal of reducing the number of hectares of coca grown in Colombia by 70 percent during his four years in office. This is a very ambitious goal. Even eradicating 70 percent of the coca that the UN Office on Drugs and Crime detected in Colombia in 2017 would mean 120,000 eradicated hectares per year (much of which would quickly be replanted); Colombia eradicated 18,000 in 2016 and about 60,000 in 2017. Getting to 120,000 would probably only be possible through a vast expansion in forced eradication through aerial herbicide spraying, and an intense series of confrontations with organized coca cultivators. Duque says he favors herbicide fumigation but has not yet announced a plan.

Asked about Colombia’s peace process, Trump appeared startled and unprepared.

Q Are you going to talk about FARC and ELN, the peace process?

PRESIDENT TRUMP: Are you asking me that question? We’re going to be talking about everything.

Much of the presidents’ conversation surrounded the crisis in neighboring Venezuela. President Trump resisted commenting on a “military option” for dealing with Venezuela, though he did state that the Venezuelan military could easily overthrow President Nicolás Maduro if they so chose.

“It was known” that in their bilateral meeting, Trump “had discarded the idea of a military solution” for Venezuela, El Colombiano reported. The U.S. president supported his Colombian colleague’s plan for a concerted campaign of diplomatic pressure and sanctions to remove Maduro, including a six-country petition to the International Criminal Court alleging the Venezuelan government’s commission of crimes against humanity.

Duque criticized Venezuela in his Washington Post interview, calling the Caracas government “a narco-trafficking state. It is a human rights violator. They have been sponsoring and helping and providing safe haven to Colombian terrorists in their territory.” He concluded, though, that “I don’t think that a military solution is the solution, because that’s what Maduro wants. Maduro wants to create a demon so that he can exacerbate patriotism and remain in office.”

The Venezuelan armed forces meanwhile announced a deployment of troops to the Colombia-Venezuela border, in the state of Táchira across from Norte de Santander department. The commander of the Venezuelan military’s Strategic Operational Command said that the deployment’s purpose was to combat narcotrafficking and illegal groups’ cross-border activity. During the UN sessions, U.S. Vice-President Mike Pence seized on this news to offer Colombia an explicit security guarantee.

News reports today are that the Maduro regime has moved military troops to the border of Colombia, as they have done in the past. An obvious effort at intimidation. Let me be clear: the United States of America will always stand with our allies for their security. The Maduro regime would do well not to test the resolve of the president of the United States or the American people in this regard.

Back in Bogotá, the leader of President Duque’s party, former president Álvaro Uribe, called on Venezuela’s military “not to aim at the sister country of Colombia, but to aim at the Miraflores [Presidential] Palace to kick out the dictatorship.”

Some FARC Leaders Reappear, Voice Discontent and Security Concerns

Some questions were answered in the crisis of at least nine top former FARC leaders who have gone missing in recent months. Some have “clandestinized” themselves citing security concerns, some have voiced fear of trumped-up judicial charges against them, and some, it is feared, may be inclining toward re-armed dissident groups.

In addition to Henry Castellanos alias “Romana”—an eastern-bloc chieftain responsible for numerous kidnappings who penned a letter ratifying his continued participation in the peace process—top Southern Bloc leader Fabián Ramírez also surfaced. Ramírez sent a letter to the Interior Ministry’s National Protection Unit (UNP) complaining about the inadequacy of the vehicle-and-bodyguard scheme that the Unit had assigned to him.

“I request for the third time that you resolve for me, quickly, the reinstatement of two missing bodyguards and a conventional car, which are part of my security scheme that the UNP, through its approved risk study, had given me for my protection since the beginning of this year,” Ramirez wrote. He added that he has never abandoned the peace process, although he left the demobilization site where he had been staying. Ramirez says he is now assembling a group of ex-guerrillas in the southern departments of Caquetá, Putumayo, and Huila to pursue income-generating projects. Ramírez writes that he seeks this reinforced security scheme because this work requires him to “be moving through zones where there are armed dissident-group personnel.”

For their part, three unnamed former FARC commanders have sought precautionary protection measures from the OAS Inter-American Human Rights Commission, citing personal insecurity. The formal request went through lawyers, and the FARC leaders asked that their names be held in reserve. El Tiempo reported, though, that one of the three is among nine ex-FARC leaders whose wheareabouts are currently unknown.

The FARC submitted a 10-page report to the Peace Committee of Colombia’s Congress alleging that only 87 of the guerrillas’ 14,000 ex-members have received government funds to carry out productive income-generating projects, as laid out in the peace accord. Seventeen such projects are so far under consideration or nearing approval, covering about eight percent of the FARC’s membership, but only two have yet been approved and begun to receive funds. The report claims that on a less-formal basis, former FARC fighters have started 259 income-generating projects on their own, two-thirds of them with their own funds and 12 percent of them with international support.

Displacement is Up Sharply

The Consultancy for Human Rights and Displacement (CODHES), a human rights group that has closely tracked forced displacement trends for over 20 years, issued a report counting 38,490 Colombians displaced by violence during the first eight months of 2018. This represents an increase over 2017.

CODHES counts 126 events of mass displacement. Of the victims, 8,376 were members of Afro-Colombian communities and 7,808 were indigenous. The majority of displacements happened in three departments; Norte de Santander, Antioquia, and Nariño. Fighting for territorial control between illegal armed groups, principally the ELN, EPL, post-paramilitary groups, and guerrilla dissidents, was the main cause.

Rightist Parties Advance Plan to Try Military Human Rights Cases Separately

Legislators from the governing Democratic Center party, together with the center-right Radical Change party, introduced legislation that would create a new chamber in the new transitional justice system, the Special Jurisdiction for Peace (JEP) to judge current and former military personnel accused of war crimes.

A procedural law for the JEP, passed in June and awaiting Constitutional Court review, freezes human rights cases against military personnel while the Congress designs a new chamber to judge them separately from former guerrillas. The bill introduced this week would do that—though the Constitutional Court could invalidate the whole effort if, when it completes its review, it strikes this provision from the June procedural law.

The law calls for the new chamber’s judges to be experts in international humanitarian law with prior knowledge of how the armed forces function. It would allow military personnel who recognize their crimes, tell truth, and give reparations to victims to serve their sentences in special military facilities. After five years, they could be released on probation.

By contrast, former guerrillas who fulfill their truth and reparations duties would be held in “restricted liberty”—a term that the judge in each case will need to define, though it can’t be prison—for up to eight years.

The chief of the Democratic Center bloc in the Senate, former president Álvaro Uribe, introduced the bill, arguing that “the Armed Forces of a democratic country can not be equalized, put on the same level as those who have committed terrorist acts.”

ELN Talks Remain Stalemated; Venezuela Removed from Guarantor Countries

The Duque government, which pulled back its negotiating team last week, continues to suspend talks in Havana with the ELN guerrillas until the group releases all individuals it has kidnapped and agrees to cease hostilities. The ELN this week put out a statement claiming that, if the Duque government changes the rules and agenda agreed with the prior government of Juan Manuel Santos, then it is showing that “the Colombian state is unable to keep its word” from one government to the next. The guerrilla delegation in Cuba tweeted a picture of its negotiators sitting across a table from a row of empty chairs with the caption “We’re ready here. The counterpart is missing.”

President Duque, in New York, insisted on his terms: “I have every wish to be able to establish a dialogue with the ELN, but you have heard me say it: I hope that the basis of the construction of a dialogue will be the liberation of all the kidnapped and an end to criminal activities.”

Duque also announced that Venezuela was no longer welcome to be one of the ELN talks’ “guarantor” countries, a list that also includes Norway, Brazil, and Chile. Duque blamed Venezuela’s harboring of ELN fighters on its soil, which made the neighboring government less than an honest broker. “A country that has sponsored the ELN in its territory, that has protected it, that has allowed criminal acts against the Colombian people to be formed from its territory, is far from being a guarantor, it is a dictatorship that has been an accomplice of many criminal activities, I’m not saying that for the first time.”

“Most of the ELN kingpins are in Venezuela,” Duque told the Washington Post. “It’s impossible to come to consider a ceasefire when part of their troops or of their membership is in another country,” said High Commissioner for Peace Miguel Ceballos. The ELN’s chief negotiator, Pablo Beltrán, dismissed allegations of guerrilla presence in Venezuela as “a myth that has been invented in Washington,” adding, “I don’t see any association between a ceasefire and where the ELN’s leaders are.”

Semana cites a recent opinion column by Carlos Velandia, a former ELN leader who went by the name “Felipe Torres” and is now a go-between for peace talks, voicing the belief that in the event of a conflict involving Venezuela, the ELN might take Venezuela’s side on Venezuelan soil.

Semana notes that Venezuela had played a big role in getting the ELN talks started during the Santos government, “the dialogues’ public phase—which opened in 2017—was even achieved and announced from Venezuela.” The magazine sees no other country stepping up to fill the vacuum.

Which country can join the group? Among the guarantors who were there when the table opened is also Cuba, but that idea doesn’t convince the government at all.

Norway, Brazil and Chile are also in the group of guarantor countries. But each has its own problems to serve even as a place to relaunch the table. Brazil is in a presidential campaign and is quite divided about it. Norway has its attention placed on the [FARC] post-conflict and the chances of it serving as the venue for negotiations are very low. Chile has had a better disposition, it even offered itself as headquarters when Ecuador withdrew as a guarantor country following a wave of “terrorist attacks” on the border.

In-Depth Reading

Tags: Demobilization Disarmament and Reintegration, ELN Peace Talks, U.S. Policy, Venezuela Crisis, Weekly update

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

Last Week in Colombia’s Peace Process: Week of September 9-15

September 21, 2018

ELN Talks Remain Suspended

In his August 7 inaugural speech, President Iván Duque said that he would take 30 days to decide whether to continue peace talks with the National Liberation Army (ELN) guerrillas. That period has expired, and Duque did not end the talks—but he has suspended them pending the ELN’s renunciation of kidnapping and release of all captives.

ELN fighters freed nine captives over two releases in September. On the 7th, guerrillas in Arauca released three soldiers whom they had taken on August 8. On September 11 in Chocó, they released three policemen, a soldier, and two civilians taken on August 3 from a boat on an Atrato River tributary. The Duque government did not negotiate these releases’ protocols; the ELN performed them unilaterally in coordination with the Catholic Church, the government’s independent Human Rights Ombudsman’s Office (Defensoría), and the International Committee of the Red Cross. “This did not imply any negotiation with the national government,” insisted the Duque government’s peace commissioner, Miguel Ceballos.

While Ceballos and President Duque recognized this gesture, they said there is more to do: they count 10 more individuals who remain in ELN custody. “There were 20 on the list,” Ceballos said, “later there was one liberation in Arauca, and later three more. If we take away the three in Chocó, 10 remain.” Of the ten, one has been a hostage since April 2002; two were taken in 2011, and one in 2012. The ELN has offered no responses about these captives, if they are even still alive.

“The door is not necessarily closed” to peace talks with the ELN, Ceballos told El Tiempo. But Duque’s demands for changed ELN behavior, including a cessation of kidnapping and all other hostilities, may be more than what some ELN commanders might agree to. “I want to be clear,” President Duque said this week. “If we want to build a peace with this organized armed group, they must start with the clearest show of goodwill, which is the suspension of all criminal activities.”

Still, Ceballos told El Espectador the ELN may be flexible. “I think the ELN is understanding things, because if not, this process of liberation of kidnapped people would not have begun. I believe that in these 30 days a space of understanding has been achieved beyond the need for the formal structure of a [negotiating] table. These have been 30 days in which no armed actions have been presented. There’s a dynamic here.”

The Peace Commissioner added that, should talks re-start, the Duque government may seek to alter the negotiating agenda agreed with the Santos government, which has been criticized for imprecise language that has made it difficult to implement. “President Duque said it in a very clear way in Amagá (Antioquia), last Saturday,” he said. “Any future scenario would need a credible agenda and specific timeframes; that necessarily implies the consideration of adjustments.”

Gen. Montoya, Former Army Chief, Appears Before the JEP

Gen. Mario Montoya, who headed Colombia’s army from 2006 to 2008, appeared before the Special Peace Jurisdiction (JEP), the transitional justice system set up by the peace accord. The retired general denied any guilt for human rights crimes. Montoya is the highest-ranking officer to appear before the JEP so far, though another retired general, Henry Torres Escalante, has already appeared in relation to a case of extrajudicial executions.

Montoya resigned in November 2008, amid revelations that members of the Army had killed thousands of civilians, then presented them falsely as combat kills in a criminal effort to boost body counts and earn rewards for battlefield performance. Montoya allegedly pressured subordinates to rack up body counts and produce “rivers of blood” in counter-guerrilla operations, thus creating an environment that rewarded extrajudicial executions, making him emblematic of what Colombians call the “false positives” scandal.

Montoya decided in July to submit to the JEP rather than the regular criminal justice system, where some cases against him had been stalled since 2016. The highly decorated, U.S.-trained general denies any wrongdoing, lawbreaking, or knowledge of his subordinates’ criminal behavior. Though most defendants enter the JEP to confess crimes in return for reduced non-prison sentences, Montoya intends to challenge any charges against him. Should the JEP find him guilty anyway, he could be sentenced to up to 20 years in regular prison.

During his initial hearing in the JEP’s Definition of Legal Situations Chamber, Montoya and his lawyers heard a listing of accusations and investigations against him that had been filed in the regular justice system. Cases included a few dozen “false positives” victims, as well as the “Operation Orion” military offensive in Medellín’s western slums, in October 2002 when Montoya headed the local army brigade, which killed several civilians and benefited from open support of paramilitary groups. Relatives of “false positives” victims attended the hearing.

Montoya’s defense lawyer argued that the general cannot be held responsible for the “false positive” crimes committed when he headed the Army, since the murders took place in units several levels below his command. In the end, Montoya’s hearing had a disappointing outcome: as defense lawyers challenged the standing of some of the victims involved, Magistrate Pedro Díaz suspended the session and put it off for a later date.

FARC Party Holds Conference Marked By No-Shows

News coverage took stock of a “National Council of the Commons,” a meeting of the new FARC political party’s leadership, in Bogotá the week earlier. The “Council” sought to bring together 111 delegates whom the ex-guerrilla membership had elected a year ago, to make decisions about the party’s future.

In the end, 29 of the 111 did not appear. Five have resigned their posts. Seven offered excuses for being unable to attend. Another 17, though, gave no reason for their absence. That number includes:

  • Luciano Marín alias Iván Márquez, the FARC’s chief negotiator during the Havana peace talks. Márquez left Bogotá and abandoned the Senate seat that awaited him in April 2018, after the arrest of Jesús Santrich, a close Márquez associate and fellow negotiator. Santrich is wanted in extradition by a U.S. federal court in New York on charges of conspiring to send cocaine to the United States. Until June or July, Márquez—a hardliner on the FARC’s left flank who was the top vote-getter when the membership chose delegates last year—abandoned the demobilization site where he had been staying in the southern department of Caquetá. He blamed nearby “military operations” and concerns for his security. His whereabouts are now unknown. It is not clear at the moment whether he intends to continue participating in the peace process.
  • Hernán Darío Velásquez alias El Paisa, the former head of the FARC’s feared Teófilo Forero mobile column, disappeared around the same time as Márquez; he was managing the Caquetá demobilization site where Márquez had been staying.
  • Henry Castellanos alias Romaña, who led FARC units that kidnapped hundreds in a region just south of Bogotá, had been managing a demobilization site in Nariño but has also gone clandestine.
  • Fabián Ramírez, a former top leader of the FARC’s Southern Bloc.
  • Zarco Aldinever” and “Enrique Marulanda,” who managed the demobilization site in Mesetas, Meta.
  • Iván Alí,” who ran a site in Guaviare. (Peace Commissioner Miguel Ceballos said that he met with “Alí” days before his disappearance, and that the FARC leader had told him “he was going to [the remote eastern department of] Vichada and that communication would be difficult.”)
  • Albeiro Córdoba,” who ran another site in Guaviare.
  • Manuel Político,” who ran a site in Putumayo.

Most of the missing 17, points out La Silla Vacía, come from the former guerrilla group’s Eastern and Southern blocs, where were its strongest militarily at the time the peace accord was signed.

Most members of the Colombian Congress’s Peace Committee visited Caquetá September 10 to seek information about the missing leaders. Sen. Iván Cepeda, a close supporter of the FARC peace process, said that people “very close” to Márquez and “El Paisa” told them that the two men remain committed to the peace process, and in fact are still in Caquetá. Both, however, fear being extradited capriciously, Cepeda said, adding that both had heard spurious rumors about pending arrest warrants. The Colombian government, Cepeda said, needs to find a way to keep “extradition from becoming a sort of detonator for the end of the peace process.”

Some of the missing leaders sent messages insisting that they remain in the peace process. A letter from “Romaña” appeared in which he reiterated his will to honor his demobilization commitments. Fabián Ramírez also sent a letter affirming his continued participation, though he expressed deep mistrust as a result of Santrich’s arrest. Ramírez said that, along with 100 other ex-guerrillas, he was seeking to set up a new, safer demobilization space with the goal of preventing their defection to dissident groups.

The disappearances are a sign of deepening internal divisions within the FARC. These were laid bare in a strongly worded letter from former Southern Bloc leader Joaquín Gómez and high-ranking ex-commander Bertulfo Álvarez. It accuses maximum leader Timoleón Jiménez and other Bogotá-based FARC bosses—most of whom have turned out to be political moderates—of “spiteful and vengeful lack of leadership.” The letter accused Jiménez of “dedicating himself to defending the bourgeois order with surprising and unexpected zeal.” The letter’s authors, who run the demobilization site in La Guajira, cited health reasons for their absence from the Bogotá meeting.

FARC Senator Victoria Sandino blamed security concerns for many of the no-shows, and denied that the FARC is dividing.

“No, there is a debate. Many people make criticisms within the party, but none will make criticisms like ‘oh no, let’s go back to guns, let’s create another party.’ No. There are internal political debates, but those debates aren’t about separating. There are some comrades who are critical of [accord] implementation, but I guarantee that in these debates none, absolutely nobody, has expressed the idea that the way out of here is to return to arms. No one.”

In the end, the FARC “Council of the Commons” agreed to set up an executive committee to prepare for October 2019 local elections, with regional representatives including Joaquín Gómez. They decided that going clandestine for security concerns was acceptable behavior, but established procedures to kick out renegade members.

U.S. Officials Visit, Speculation Over a Return to Coca Fumigation Increases

On September 11 the White House issued an annual memo to the State Department identifying major illicit drug producing and transit countries, and highlighting which of these are “decertified”—subject to aid cuts and other penalties—for failing to cooperate with U.S. counter-drug strategies. As in past years, Venezuela and Bolivia were decertified.

Last years’s memo included controversial language stating that President Trump “seriously considered” adding Colombia to the decertified blacklist because of sharply increased coca and cocaine production. This year’s document did not repeat that threat, but called out Colombia, Mexico, and Afghanistan for “falling behind in the fight to eradicate illicit crops and reduce drug production and trafficking.” The U.S. government estimated that Colombia’s coca crop increased 11 percent in 2017, to a record 209,000 hectares.

The certification memo’s release coincided with a visit to Bogota from the deputy director of the White House’s Office of National Drug Control Policy, James Carroll, and the commandant of the U.S. Coast Guard, Adm. Karl Schultz. According to El Tiempo, in a meeting that lasted over an hour, the two officials told President Duque that, under normal circumstances, the White House would have decertified Colombia:

“During the meeting the White House’s envoys told Duque that the amount of coca planted in Colombia, more than 200,000 hectares, was enough for the country to be decertified.

“However, they clarified that they understand that this is an ‘inherited’ problem [for the recently inaugurated president], which comes from previous years. In that sense, they expressed the Washington government’s confidence in the policies that Colombia is going to implement to eradicate crops and counteract the cartels who carry the drug to their nation.”

Duque told the U.S. officials he plans to respond with a mix of strategies, referring to “a principle of integrality” (comprehensiveness), rather than putting all focus on forced coca eradication. That mix, however, may include a return to eradication through aircraft-based spraying of the herbicide glyphosate, reviving a U.S.-backed program that Colombia carried out on a massive scale between 1994 and 2015. The government of Juan Manuel Santos suspended aircraft-based spraying in 2015 after some studies pointed to a possible link between glyphosate and cancer; officials also argued that spraying had proved to be ineffective.

Duque, however, may bring it back. “Fumigation can happen if some protocols are complied with,” he said. “In the comprehensive policy that we want in the fight against illicit crops, these protocols should be reflected in such a way that any action is upheld by the Court’s guidelines.”

The president refers here to 2015 and 2017 decisions by Colombia’s Constitution Court, its highest judicial review authority, which placed significant restrictions on coca eradication via aerial glyphosate spraying. Any future fumigation must avoid nature reserves, indigenous reservations, and campesino reserve zones—sites that host a significant portion of current cultivation. Spraying can only proceed after an “objective and conclusive” scientific study showing a lack of health and environmental damage. Colombia’s National Drug Council (CNE), a decision-making body incorporating several ministries and agencies, must agree on a set of regulations to govern future spraying, in a process that includes ethnic communities’ participation, and these regulations must be passed as a law. An ethnic representative must be added to the CNE. Colombia must undergo prior consultation with ethnic communities in areas where it plans to spray, although the Court allows spraying in the absence of consent if the CNE issues a finding.

Duque’s government includes some aggressively enthusiastic backers of renewed glyphosate fumigation. “I don’t see any alternative to using herbicides,” Defense Minister Guillermo Botero said in August. “You have to use it because the world is not going to accept us swimming in coca. …Glyphosate is used in Colombia since time immemorial.” Added Francisco Santos, the new ambassador to the United States: “Fumigation is essential. The Constitutional Court must understand that it must return, because we are facing a social, economic and national security emergency. It has to come back, understanding the restrictions.”

Dissident Leader “David” Killed in Nariño

The Defense Ministry announced that a military-police operation killed Víctor David Segura Palacios, alias “David,” the chief of one of the two main FARC dissident groups operating in Nariño, Colombia’s largest coca and cocaine-producing department. Soldiers arrived at 2:00AM on September 8 at a house where “David” was staying; he and his sister, who allegedly handled his group’s finances, were killed in an ensuing shootout.

A former member of the FARC’s Nariño-based Daniel Aldana mobile column, David refused to demobilize, along with his brother Yeison Segura, alias “Don Y.” The dissident group they formed, the “United Guerrillas of the Pacific” (GUP), recruited former FARC militias along Nariño’s coast and took over cocaine trafficking routes. After “Don Y” was killed in a November 2016 firefight with former FARC comrades, “David” assumed command.

Defense Minister Guillermo Botero told reporters that the GUP had grown to control 4 percent of Colombia’s cocaine exports. The Nariño governor’s office said that the group has control or influence in at least 10 of the department’s 64 municipalities (counties).

For the past year, David had been the main rival of Walter Artízala alias “Guacho,” leader of the Oliver Sinisterra Front (FOS), a Nariño-based FARC dissident structure that gained region-wide notoriety after it kidnapped and killed three Ecuadorian journalists in early 2018. David blamed Guacho for his brother’s death, and the two groups had been battling for control of cocaine routes, and of urban neighborhoods in Tumaco, all year.

“According to various reports,” notes InsightCrime, the rival GUP and FOS are both “associated with Mexican drug trafficking organizations, who will have an interest in maintaining the steady passage of cocaine out of the country.” La Silla Vacía reports that, “According to the Police, during recent months David already had contacts with the [Mexican] Jalisco New Generation cartel (while Guacho, according to the Prosecutor-General’s Office, is one of the links of the Sinaloa cartel), and had an Interpol Blue Notice.”

David’s death is the largest battlefield result against guerrilla dissidents or organized crime so far in President Iván Duque’s 6-week-old government, but it is unlikely to reduce violence in Nariño. Citing sources in Colombia’s Navy and the Tumaco ombudsman’s office, La Silla counts 12 other major armed or criminal groups active in “post-conflict” Nariño besides the GUP, “like Guacho’s dissident group, the Gulf Clan [paramilitary successor group], the ELN which has tried to enter the south of Nariño, and other groups of lesser national impact like La Oficina [paramilitary successor], La Gente del Orden [ex-FARC militias], Los de Sábalo, and, more recently, the so-called ‘Stiven González’ front.”

In-Depth Reading

Tags: Drug Policy, ELN Peace Talks, Transitional Justice, U.S. Policy, Weekly update

Last Week in Colombia’s Peace Process: Week of August 12-18

August 23, 2018

Constitutional Court Upholds, Modifies Law Governing Transitional Justice System

Colombia’s maximum judicial review body, the Constitutional Court, completed an 8½-month review of the law governing the Special Jurisdiction for Peace (JEP), which is the body that the peace accords set up to put on trial, and punish, those who committed war crimes and crimes against humanity during the armed conflict. In Colombia’s system, the Court has the power to make alterations to laws, and it addressed some provisions that Colombia’s Congress had controversially added to the JEP Statutory Law’s text last November.

According to press coverage of the 800-page judicial decision, the Court’s changes include:

Allowing those accused of, or guilty of, war crimes to hold political office—as long as they are participating fully in the JEP. This largely upholds what the peace accord and the statutory law allow. War criminals may hold office as long as they have submitted to the JEP, are recognizing and confessing the full truth of their crimes, and are making reparations to victims. Those who do this serve sentences of “restricted liberty,” but not prison, lasting up to eight years. It is not yet clear whether these sentences—which are up to the judge in each case—might interfere with an individual’s ability to hold office.

The Court specifies, though, that those found to be withholding information from their confessions, or those who refuse to recognize crimes and are found guilty, may not hold political office. The accord and law dictate that people in this category must go to regular prison.

The JEP can look at the evidence when it makes extradition decisions. When an ex-combatant is wanted in another country for a crime, the JEP must certify whether the crime happened during the conflict or after it (that is, after December 2016, when the peace accord was ratified). If the crime occurred during the conflict and is covered by the JEP—including the crime of narcotrafficking, if it wasn’t for personal enrichment—Colombia will not extradite the individual.

In April, U.S. prosecutors began the process of asking Colombia to extradite top FARC negotiator Jesús Santrich on charges of conspiring to transship cocaine to the United States in 2017-18. The ensuing process raised confusion about whether the JEP’s role is simply to sign off on the date of the alleged crime, or whether it is able to consider the evidence backing up the allegation. In June, when it passed a law laying out the JEP’s internal procedures, Colombia’s Congress limited the JEP to certifying the date only. The Constitutional Court just reversed that: the JEP may now consider the proof underlying the extradition request.

Judges who’ve worked in human rights during the previous 5 years may remain. The Congress had added a provision to the statutory law banning the JEP from including any judges who, in the past five years, had brought cases against the government, participated in peace negotiations, or taken part in any case related to the armed conflict. This would have disqualified at least 15 of the JEP’s 53 already-chosen judges and alternates. As most observers expected, the Constitutional Court threw this provision out.

Sexual crimes against minors remain under JEP jurisdiction. In the statutory law, the Congress had excluded sexual crimes against minors from JEP jurisdiction, demanding that those accused of such heinous crimes be punished with prison sentences in the regular criminal-justice system. The Constitutional Court stripped out this exclusion.

Some legal and victims’ groups had argued that even though the penalties for child violators would be harsher in the regular justice system, trying such crimes through the JEP will allow victims to hear the truth and receive reparations much more quickly. “If the perpetrators know that they will receive high prison sentences instead of those contemplated in the peace agreement, it is very likely that they would have no reason to recognize sexual crimes against girls, with would force the state to go about proving the allegation, and the victims would have to wait a long time to obtain truth, justice and reparation,” read a statement from Dejusticia, Ruta Pacífica de las Mujeres, Women‘s Link WorldWide and Red de Mujeres Víctimas y Profesionales.

Third parties’ participation in the JEP remains voluntary, not obligatory. But prosecutors in the regular criminal justice system must prioritize their cases. The Congress—in an apparent move to protect landowners, narcotraffickers, local officials, and other politically influential individuals who sponsored armed groups or planned killings—had added language to the statutory law preventing the JEP from compelling private citizens to participate. The concern is that such powerful individuals have little to fear from an overburdened, institutionally deficient “regular” justice system that is unlikely to take up old cases. The Constitutional Court maintained the “voluntary” participation standard, but, as El Espectador puts it, “emphasized that the Prosecutor-General’s Office has the obligation to prioritize, in the criminal justice system, investigations against third parties and non-combatant government agencies who have not voluntarily submitted to the JEP.”

Though there might be language about these items in the very long text of the Constitutional Court’s opinion, it appears to have left untouched the following concerns about the JEP:

  • It remains up to the judges in individual cases how austere the conditions of “restricted liberty” will be for those who give full confessions and reparations.
  • A watered-down definition of “command responsibility” for war crimes committed by the military, which may exonerate commanders who should have known what their subordinates were doing, remains in place. This could set Colombia on a collision course with the International Criminal Court, whose founding statute uses a “should have known” standard to determine command responsibility.
  • It remains unclear under which circumstances “false positive” killings may or may not be tried within the JEP. It appears that most of these thousands of extrajudicial killings were committed by soldiers for personal gain, and thus unrelated to the armed conflict. It will be up to judges to decide on a case-by-case basis. Of 2,159 current or former security-force members participating in the JEP, at least 1,824 are accused of committing extrajudicial executions, most of them probably “false positives.”

Top FARC Leaders Have Gone Off the Grid

FARC Senator Victoria Sandino confirmed to reporters that two top FARC leaders have left the demobilization site where they had been staying, and that their current whereabouts are unknown. They are Iván Márquez, a former FARC Secretariat member who was the guerrilla group’s lead negotiator during the Havana peace talks, and Hernán Darío Velásquez, alias El Paisa, who headed the guerrillas’ Teófilo Forero Column, a notoriously lethal unit once active in southern Colombia.

Both had been in the Miravalle “reincorporation zone” in Caquetá department. Márquez had relocated there in April when his close associate, former negotiator Jesús Santrich, was arrested pending possible extradition to the United States for narcotrafficking. While they are not required to remain at the site, that their whereabouts have been unknown for about two weeks raises concerns that the two leaders, both considered hardliners, might have abandoned the peace process.

Sandino, the FARC senator, told Colombia’s Blu Radio that Márquez and Velásquez left the Miravalle site after “a situation that happened about a month ago, where there were several operations [nearby] with some pretty complicated aspects, in which people wearing face masks came to the dwelling where Iván Márquez was present. They left beforehand. At this moment, they’re not there, and in my personal case I don’t know where they are.”

In July, the two leaders had sent a letter to the chief of the UN verification mission, Jean Arnault, claiming that “since Friday, July 6, special Army counter-guerrilla troops, belonging to the 22nd and High Mountain Battalions, have deployed a land operation around the El Pato region, which we have no doubt aims to sabotage the progress of hope for peace.” Luis Carlos Villegas, the defense minister at the time, denied that military operations were occurring. He said that drone overflights that the leaders may have observed, which are not prohibited, were actually those of oil companies carrying out seismic explorations.

Sen. Sandino said that she has had no contact with Márquez and Velásquez, as there is no phone service where they are. Asked whether the two could be in Venezuela, according to El Espectador, “the senator said that is only speculation, and that they remain active members of the [FARC] political party.”

Personnel Changes

Newly inaugurated President Iván Duque has named the two officials who will be most responsible for implementing the FARC peace accord and for carrying out negotiations with the ELN, should they continue.

Miguel Ceballos will be the Presidency’s next high commissioner for peace, directing negotiations and some aspects of accord implementation. He replaces Rodrigo Rivera, who in 2017 replaced Sergio Jaramillo, a chief architect of the FARC accord and of the Santos government’s post-conflict territorial implementation strategy. The nomination of Ceballos, a former vice-minister of justice who taught at Georgetown University and Bogotá’s Conservative Party-tied Sergio Arboleda University, was well-received. Though he was a key advisor to the Conservative Party wing that supported a “no” vote in the October 2016 plebiscite on the peace accords, Ceballos is viewed as a pragmatist who would not seek to “tear up” the accords, as some in President Duque’s coalition have urged. He takes over the process of deciding whether to continue the Santos government’s peace talks in Havana with the ELN; in his inaugural speech, President Duque called for a 30-day review period to make this decision.

Emilio José Archila replaces Rafael Pardo as high counselor for the post-conflict, a position within the Presidency that manages implementation of the peace accord. Archila, too, is identified with the Conservative Party. A lawyer focused on economic issues, he served in the past as head legal officer in the Commerce and Industry Ministry. He will oversee the struggling coca crop-substitution program set up by the peace accord’s fourth chapter, and the ambitious Territorially Focused Development Plans (PDET) program foreseen in the first chapter, which seeks to build state presence and provide basic services in sixteen conflictive regions.

Ceballos and Archila will sit on the Committee for Follow-up, Stimulus, and Verification of Peace Accord Implementation (CSIVI), the main oversight mechanism to guarantee that accord implementation is on track, along with representatives of the FARC and the accord’s guarantor countries.

Ariel Ávila, an analyst at Bogotá’s Peace and Reconciliation Foundation, voiced concern about possible name changes for both officials’ agencies: the High Commissioner for Peace might become the High Commissioner for Legality, and the High Counselor for the Post-Conflict might become the High Counselor for Stabilization. “All state institutions must act under legality, there’s no need to create an office for that,” Ávila noted, adding that “stabilization” is just the first phase of a post-conflict period—it should be followed by “normalization,” which he defines as “the building of a new society, long-term reforms, and reconciliation.”

Meanwhile historian Gonzalo Sánchez, the longtime head of the government’s autonomous Center for Historical Memory, resigned this week. The Center has produced dozens of highly regarded reports and an extensive public archive documenting some of the most severe violations of human rights, committed by all sides, during the long conflict. El Tiempo reports that the two most likely candidates to head the Center are Eduardo Pizarro, who headed the Center’s precursor, the National Commission for Reparation and Reconciliation, during the government of Álvaro Uribe, and Alfredo Rangel, a onetime academic conflict analyst who later became a hardline senator in Uribe’s party.

ELN May Release Captives and Kidnap Victims

Colombia’s Defense Ministry announced that protocols have been activated for the release of nine people—seven security-force personnel and two civilians—whom the ELN had captured or kidnapped in Arauca and Chocó departments. The Ministry said it is awaiting the ELN’s provision of geographic coordinates for the handovers.

Pablo Beltrán, the guerrilla group’s chief negotiator in Havana, said on August 14 that the liberation should happen in eight days, although a guerrilla communiqué stated that nearby security-force operations could complicate logistics and put the victims’ lives “at high risk.” The guerrillas also provided a proof-of-life recording of three policemen and one soldier whom they had taken from a boat on a tributary of the Atrato River in Quibdó municipality, Chocó.

In his August 7 inauguration speech, President Iván Duque said that he would spend 30 days reviewing whether to continue peace talks with the ELN. Duque said that an end to ELN kidnappings, and the freeing of all guerrilla captives, is a precondition for any resumption of negotiations.

Meanwhile, after the Human Rights Ombudsman’s Office (Defensoría) denounced that the ELN has recruited 24 minors so far this year, the Prosecutor-General’s Office (Fiscalía) issued arrest warrants for sixteen ELN leaders, including all five members of the group’s Central Command. Chief negotiator Beltrán, speaking from Havana, denied that the ELN had committed a war crime: “Here, nobody is recruited or kept against their will. Those who want to enter, enter; those who want to leave, leave.” Tacitly admitting that minors are recruited, Beltran said that the group does not recruit anyone under 15 years old. (The ELN’s maximum leader, Nicolás Rodríguez Bautista alias “Gabino,” joined the group in 1964 at age 14.)

The ELN negotiator said the group remains willing to engage in a bilateral ceasefire, like the one in place during a 100-day period that ended in January. President Duque was not warm to the idea: “I haven’t agreed with those who now seek to intimidate the country seeking bilateral ceasefires while they commit acts that are deplorable and despicable in the light of any eye.” Speaking before a military audience, he continued, “What we want is that anyone who wants to demobilize, disarm and reinsert does so on the basis of the immediate suspension of all criminal activities.”

A week before the end of Juan Manuel Santos’s administration, government and ELN negotiators closed a sixth round of talks in Havana without an agreement on either a ceasefire or a mechanism for involving civil society in the talks, as the ELN demands. Citing “two sources who have access to privileged information about the negotiations,” Ana León of La Silla Vacía noted that the ELN is now willing to consider a halt to kidnappings and extortion during a ceasefire. But she cited three issues on which the ELN talks are stuck:

  1. How to monitor and verify a ceasefire. While the ELN would keep in place the mechanisms employed during the late-2017 ceasefire, the government wants more specificity. During the earlier ceasefire, a source told León, “There was no clear definition of what a hostility was, what a ceasefire violation was, and so the UN was not going to commit to verification.” That source said the ELN is unwilling to ease monitoring by providing more detail about its zones of geographic control, since many of these are in dispute with other illegal armed groups.
  2. The ELN’s demand that the government commit to halting murders of social leaders. While virtually all analysts agree that the government should be doing more to protect social leaders, the government does not have the power to stop the killings completely, especially those that result from local dynamics.
  3. The definition of “civil society participation” in the negotiations, a longtime ELN demand that is included, but poorly defined, in the talks’ agreed agenda.

Anticorruption bill, with a clause preventing ex-guerrillas in politics, is withdrawn

The new Duque government introduced a bill to fight corruption, but abruptly withdrew it after it was found to include language that would prevent former guerrillas from holding political office. Juanita Goebertus, a former government peace negotiator recently elected to Congress as a Green Party representative, denounced the presence of text deep within the bill stating, “those who have been convicted at any time for crimes related to membership, promotion, or financing of illegal armed groups, crimes against humanity, or drug trafficking cannot be registered as candidates for popular election.”

Colombian politics has a term for a snippet of unrelated and probably unpopular legislative language stuck into a larger bill: a “mico” or “monkey.” Interior Minister Nancy Patricia Gutiérrez withdrew the anti-corruption bill and pledged to re-submit it without the mico. (In Colombia, the Interior Minister manages the Presidency’s legislative agenda.)

Minister Gutiérrez also pulled back the nomination of Claudia Ortiz to head the Interior Ministry’s National Protection Unit (UNP), which provides bulletproof vests, bodyguards, vehicles, and other protection to threatened individuals, from politicians to opposition figures to ex-guerrillas to social leaders. An outcry followed the revelation of tweets from Ortiz, a longtime supporter of ex-president Álvaro Uribe, attacking opposition figures. The tweets’ vicious language called into question Ortiz’s will to protect those who disagree with and criticize the government. No new nominee to head the UNP has been named.

Visit from Defense Secretary Mattis

The U.S. secretary of defense, James Mattis, paid a brief visit to Colombia on August 17, the last stop of a South America tour that took him to Brazil, Argentina, and Chile. Mattis met with President Duque and with Defense Minister Guillermo Botero.

We know little about the subject matter of Mattis’s discussions. “The leaders discussed a broad range of defense issues, and the secretary thanked the minister for their country’s regional leadership role as a security exporter” was how a Pentagon spokesman vaguely put it. Mattis also thanked Duque for Colombia’s regional diplomacy to “denounce undemocratic actions” in Venezuela and Nicaragua.

Earlier on his trip, Mattis criticized Venezuela’s authoritarian government, but made clear that the crisis in Venezuela is “not a military matter.” In Bogotá, he discussed the heavy flow of Venezuelan migrants into Colombia. “A subject [that] came up in both of my meetings this morning … was on what we’re working on in terms of the Venezuelan refugees and their destabilizing impact they have,” Mattis said.

He announced that sometime this fall, the Defense Department would dispatch the USNS Comfort, a giant Navy hospital ship, to Colombia’s Caribbean coast to attend to Venezuelans in Colombia. The Secretary added that President Duque and Colombian defense officials “not only agreed in principle” to the Comfort deployment, “they gave details on how we might best craft the cruise through the region,” Mattis said. The State Department and USAID have otherwise committed US$46 million in assistance to Colombia to help attend to Venezuelan refugees.

Colombia’s Foreign Ministry has announced that it will ask the United Nations to name a special envoy to coordinate humanitarian aid for Venezuelans in Colombia and elsewhere in the region.

In-Depth Reading

Tags: Demobilization Disarmament and Reintegration, ELN Peace Talks, Transitional Justice, U.S. Policy

Snapshot of U.S. aid to Colombia

August 21, 2018

Here is a table of current aid to Colombia. In sum, it looks like Congress will once again refuse the deep aid cuts the Trump White House had requested for 2019. Aid will continue to follow the “Peace Colombia” framework that guided assistance in 2017 and 2018.

In a nutshell:

  • Economic Support Funds are economic aid administered by USAID. The table shows some ESF earmarked for specific purposes. The rest funds efforts to increase non-military state presence in post-conflict areas, aid to vulnerable populations, crop substitution, human rights, and similar priorities. The Trump administration sought to cut this from $187 million to $100 million; Congress disagreed.
  • International Narcotics Control and Law Enforcement, administered by the State Department’s bureau of the same name, pays for “hard side” programs like coca eradication and drug interdiction, and for “soft side” programs, mostly assistance to Colombia’s judicial system.
  • The Nonproliferation, Anti-Terrorism, Demining, and Related Programs account, in Colombia, is devoted entirely to demining programs.
  • Foreign Military Financing, the State Department’s main non-drug military assistance program, is funding counternarcotics battalions, aviation support, and especially the Colombian armed forces’ involvement in post-conflict construction projects.
  • Defense Department Counter-Drug Support, from the Pentagon’s budget, pays for training, boats, mostly non-lethal equipment upgrades, computers and software, and much intelligence and reconnaissance support.
  • The additional assistance for Venezuelans in Colombia figures come from a July 18 State Department fact sheet. and an August 8 USAID press release.

Tags: U.S. Aid, U.S. Policy