Colombia peace update: Week of December 13, 2020

Between now and the end of the year, we’re producing weekly sub-1,000-word updates in English about peace accord implementation and related topics. After that, we will evaluate the experience—both audience response and our own time commitment—before deciding whether to produce these permanently.

Consultation puts a restart of fumigation on the front burner

On December 19 Colombia’s environmental authority, the ANLA, is holding a long-awaited public hearing about resuming coca fumigation. The term refers to a U.S.-backed program that uses aircraft spraying the herbicide glyphosate to eradicate coca. The hearing is a step toward ANLA’s deciding whether to award the controversial program an environmental license, one of several prerequisites that Colombia’s Constitutional Court has set for its restart.

Colombia suspended fumigation in 2015, after 21 years and over 1.8 million hectares sprayed, following a World Health Organization literature review’s finding that glyphosate was “probably carcinogenic.” Since then, the government was slow to implement an alternative—whether on-the-ground eradication or building state presence and services in coca-growing zones—and coca cultivation surged.

The December 19 public hearing centers on the 4,000-page modification that the National Police—which runs the spray program—is proposing to the ANLA’s environmental management plan for the spraying. The hearing responds to a March request from four NGOs, Acción Técnica Social, Elementa, Viso Mutop, y Dejusticia. The pandemic has delayed it: courts ruled that communities in remote areas far from internet access could not be consulted “virtually.” A higher court overruled that in October, however, finding that virtual consultations could go ahead.

The groups that called for the hearing contend that the spray program is risky and ineffective. DeJusticia’s co-founder, Rodrigo Uprimny, notes, “The argument against fumigation is simple: it is not effective, it has serious negative effects, its legal viability is precarious, and there are better strategies.” María Alejandra Vélez of the Universidad de los Andes’ Center for Security and Drugs (CESED) contends that fumigation causes “a loss of state legitimacy,” a “balloon effect” as coca cultivation moves elsewhere, and conflict with the peace accords’ offer of help with crop substitution.

Should this process lead to a restart of spraying, we can expect Colombian organizations—including those that called for the December 19 hearing—to challenge it before the Constitutional Court. An analysis from DeJusticia advocates finds “poor transparency and access to information in the process, weak evidence, and failure to comply with constitutional orders,” while little is known about the health study that Colombia’s equivalent of the CDC (the INS) has been required to carry out. A joint letter from numerous Colombian organizations found that “the government is not complying with the legal and constitutional mandate to respect consultation and free, prior, and informed consent in eradication plans in ethnic territories,” and demanded that the December 19 hearing be suspended.

Coca fumigation has been the subject of numerous WOLA reports and commentaries, a November 30 joint letter with Colombian partners, and an event we co-hosted on December 9.

International warnings about massacres and social leader killings

“I call on the Colombian authorities to take stronger and much more effective action to protect the population from this appalling and pervasive violence,” reads a statement from UN High Commissioner for Human Rights Michelle Bachelet that counts 375 people murdered in 2020 by massacres and targeted social leader killings. A summary of the statement was featured for at least two days this week on the main page of the United Nations’ website. During the past week, strong concerns about massacres (defined as the killing of multiple people at a time) and social leader murders also came from:

  • The 29th semi-annual report of OAS mission in Colombia (MAPP-OEA), drawing attention to “illegal armed groups’ territorial and social control.”
  • A Verdad Abierta resource that allows a reader to view brief biographical and geographical information about 602 social leaders killed between January 2016 and September 2020, selecting for year, region, and stage of judicial investigation.
  • WOLA’s monthly alert about the human rights situation, which “cannot stress enough that international actions are required to stop the human rights rollbacks occurring as a result of the inadequate implementation of the 2016 peace accord.”

Two reports warn about security along the Colombia-Venezuela border

Two high-credibility security think tanks released reports raising alarms about worsening security conditions at the Colombia-Venezuela border. Even as pandemic measures stop all legal border crossings, violent organized crime activity has increased, in a way that mixes dangerously with the neighboring governments’ poor diplomatic relations.

“In the 24 border municipalities of Colombia, during 2020, 472 people have been assassinated, 63 of Venezuelan nationality; 24 have been massacred; 1,365 persons have been forcibly displaced and 13 have been kidnapped,” reports the Fundación Paz y Reconciliación in a 55-page report on The Situation of Security and Migration on the Colombia-Venezuela Border. “On the Venezuelan side,” however, the Foundation could obtain “no known figures that would allow us to specify” how bad the situation is.

“Numerous armed groups clash with one another and harm citizens along a border marked by abundant coca crops and informal crossings,” reports the International Crisis Group’s Disorder on the Border: Keeping the Peace between Colombia and Venezuela. “High bilateral tensions could spur escalating border hostilities while perpetuating the mistreatment of migrants and refugees whose movements have been restricted by COVID-19.”

Both reports find the Rastrojos, a paramilitary-derived organized crime group, losing ground to the ELN along the border between Norte de Santander, Colombia and Táchira, Colombia: a more densely populated part of the border especially coveted by smugglers. The Rastrojos were found to have helped Venezuelan Assembly President (recognized by several dozen countries as Interim President) Juan Guaidó to cross overland into Colombia in February 2019. Since then, Venezuela’s security forces have cracked down on the group, along with the ELN, which moved quickly to fill the vacuum and to consolidate its dominance on the Venezuelan side on the border.

The Venezuelan government appears to have aided and abetted the ELN, the Crisis Group notes, as Caracas officials “view the ELN as a supplement to the state’s border defenses and seem willing to overlook occasional clashes between its fighters and the Venezuelan military.”

Other groups, like FARC dissidents, remnants of the EPL guerrillas, Venezuelan gang networks, and Mexican cartel middlemen, are also very active, adding to the chaos. “The Colombian army, for its part, is under orders not to rock the boat” in order to minimize the likelihood of conflict, the ICG finds.

Links

  • The Fiscalía is investigating 2,314 cases of “false positive” cases involving 10,949 members of the Army, including 22 generals, involving 3,966 victims, according to a September document that the prosecutor’s office sent to the International Criminal Court.
  • Despite the sharp rise in massacres and social leader killings, Colombia’s 2020 homicide rate to date is 23.8 murders per 100,000 residents, which Colombia’s Police say is the lowest in 46 years.
  • Kyle Johnson and Juanita Vélez of Conflict Responses take issue with government claims that nearly all 250 killings of ex-FARC guerrillas are related to narcotrafficking.
  • “Of the 75 municipalities with the most coca or substitution leader killings…there were specialized judges in only 3 (Puerto Asís, Tumaco, and Cúcuta) and criminal judges in 6. There were judicial police in 11 and specialized prosecutors in 7,” reads a La Silla Vacía analysis of the justice system’s absence.
  • Prominent center-left columnists Ramiro Bejarano, María Jimena Duzán, and Cecilia Orozco continued to question former Fiscal General Néstor Humberto Martínez, whom they accuse of plotting with the U.S. DEA to entrap participants and supporters of the peace process between 2017 and 2019.

Tags: Weekly update

December 20, 2020

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