(As program staff were traveling in Colombia during the week of September 2-8, there will be no update for that week.)
Peace Commissioner Lays Out Four “Adjustments” to FARC Accord
In an August 27 interview with El Tiempo columnist María Isabel Rueda, President Iván Duque’s new high commissioner for peace, Miguel Ceballos, laid out four modifications that Duque’s government will seek to make to the FARC peace accord. As WOLA noted on its Colombia Peace site, the four proposals “either barely affect the FARC accord, are already in the accord, or will only become law with difficulty.”
The modifications the Duque government will pursue are:
- In future peace processes, kidnapping and drug trafficking to finance insurgents’ war effort may no longer be amnestied.
- Those who continue to commit crimes after the peace accord lose their right to amnesty for past political crimes, reduced sentences for past war crimes, or protection from extradition to other countries.
- Those who have committed war crimes or crimes against humanity cannot hold political office.
- While the Duque government will respect commitments to coca-growers who signed crop-substitution agreements, eradication will be mandatory from now on.
These adjustments, an analysis in La Silla Vacía contends, “are more symbolic than real.” Indeed, they may change little about the FARC process.
The first change, eliminating drug trafficking without personal gain as an amnesty-able “political” crime, cannot be done retroactively, so it will not impact demobilized FARC members. If implemented, however, it could be a stumbling block for a future accord with the ELN. And the FARC accord already doesn’t amnesty kidnapping: those who held civilians captive must make full confessions to the accords’ transitional justice system (Special Peace Jurisdiction or JEP), make reparations to victims, and serve reduced sentences of “restricted liberty.”
The second change simply repeats the existing terms of the peace accord. Any demobilized combatant guilty of committing crimes in the post-accord period already loses his or her benefits. “This doesn’t touch the accord even minimally,” La Silla Vacía notes.
If Duque gets enough votes in Congress to restrict ex-guerrilla war criminals from holding office—which is far from guaranteed and would involve a bitter fight—it could cause some former FARC leaders to abandon the process. The guerrillas’ leadership commanded a war effort that, over the course of decades, involved numerous crimes against humanity. Despite this, they demobilized with the expectation of practicing peaceful politics while paying the agreed-upon penalties. If their ability to serve as legislators or local officials is barred, some may drop out.
The decision to stop signing up coca-cultivating families for voluntary eradication is unfortunate, as many municipalities where the program hasn’t started up yet may be subjected to an “all stick and no carrot” approach of eradication without assistance, which has failed in the past. WOLA’s earlier post argues, “If by ‘mandatory eradication’ Ceballos means eradication without any governance or assistance, then as in the past, we can expect Colombia’s coca problem to remain severe and unsolved.”
Duque Meets With All Parties, Including FARC, To Discuss Anti-Corruption Measures
On August 26 Colombians voted in a referendum on seven anti-corruption measures, the result of an initiative launched by citizen groups and the opposition Green Party. It came closer to passing than any analysts predicted: 11.7 million Colombian voters participated, less than half a million fewer than the one-third voter participation threshold the measure needed to make it binding. Though it failed, the “Anti-Corruption Consultation” got about 3 million more votes than Iván Duque received in the June presidential elections.
President Duque showed up early on the 26th to cast a vote, marking distance from his political party’s de facto leader, Senator and former president Álvaro Uribe, who had taken to social media to attack the initiative.
Going still further, Duque held a meeting in the presidential palace the evening of the 29th with the Consultation’s organizers and the leaderships of all political parties represented in the Congress. Most notably, “all political parties” included the FARC, which as a result of the peace accord holds an automatic five seats in the Senate and five in the House until 2026. The meeting was only the second time that FARC party leader Rodrigo Londoño had ever been inside the Nariño Palace, and the first time for most other FARC legislators. Semana magazine described the scene:
When he arrived, they greeted him and a “welcome to Democracy” was heard. There was an ex-president, César Gaviria, congressmen from all political parties, including Gustavo Petro, the only senator who has no party. The promoters of the anti-corruption consultation. Prosecutor-General Néstor Humberto Martínez, Internal Affairs Chief [Procurador] Fernando Carrillo, and outgoing Comptroller-General Edgardo Maya Villazón were already seated.
President Duque congratulated Timochenko for having laid down his arms. The president of the FARC party thanked him for taking them into account and opening the doors to reconciliation. The atmosphere was cordial, although when Timo spoke, some congressmen from the Democratic Center [Uribe and Duque’s party] preferred to listen to him with their heads down.
FARC Conference Marked By No-Shows
At the end of the week, the FARC was to hold its first party-wide meeting in a year, its “National Council of the Commons” gathering 111 members of its political directorate. It did so amid speculation over whether all leaders of the increasingly divided group would actually attend.
They did not. The two most prominent missing leaders were Iván Márquez and Óscar Montero alias “El Paisa.” None of the guerrilla leaders in attendance, in fact, could say with certainty where either of them are currently located. Márquez, the guerrillas’ chief negotiator during the Havana peace talks, a hardliner who represents the party’s radical wing, was the number-one vote-getter when the party chose its 111 leaders. Montero had headed the FARC’s feared Teófilo Forero Column, a unit that carried out some of its most spectacular attacks on civilian targets during the conflict.
Márquez left Bogotá and abandoned his automatic Senate seat in April, when his close associate, FARC negotiator Jesús Santrich, was arrested pending extradition after a U.S. grand jury charged him with conspiring to send cocaine to the United States. He retreated to a FARC demobilization site in Caquetá, south-central Colombia, where Montero was already located. Sometime in June or July, both Márquez and Montero abandoned that site and have since been incomunicado.
FARC Senator Carlos Antonio Lozada told La Silla Vacía that the party’s leadership has tried and failed to locate Márquez, even after sending Senator Pablo Catatumbo to Caquetá. Both Márquez and Montero are awaiting war-crimes trials before the JEP; under the terms of the peace accord, neither may leave Colombia without permission. If it is revealed that they have crossed a border—into Venezuela, for instance—they could lose their benefits under the peace accord.
The situation reveals growing divisions within the FARC party. The main split appears be between the leadership in Bogotá and the rank-and-file, most of which remains in the countryside, at the former demobilization sites and dozens of unofficial gathering points around the country. The Bogotá contingent, represented most visibly by the ex-guerrillas’ ten legislators, who appear to be following a more moderate political line than the middle and lower ranks. The latter are angry about the slow pace of peace accord implementation, worried about facing the same fate as Jesús Santrich, concerned about the election of a president who opposed the accord, and feeling unrepresented by top leadership. Some are contemplating following the path of Iván Márquez and “El Paisa.”
La Silla Vacía reported an illustrative example:
A week ago, La Silla spoke with Iván Merchán, a mid-level commander from La Macarena and a member of the political leadership, who told us that his plan was to disappear.
“It’s not about joining the ‘dissidences,’ like everyone says. It’s about going to a small town, where one has friends, where there are no signs or ways to be located. So one is calmer and less afraid of falling victim to a setup like Santrich,” he told us.
When we tried to communicate with Merchán again for this story, he no longer received calls or messages. According to him, other middle managers in Meta department had already “clandestinized,” as he told us to refer to what Márquez did.
“They (the ex-combatants) feel that those in the FARC Secretariat are happy wearing a tie in Congress, while they continue to have a bad time due to money and security,” a source in Santander told La Silla.
Spain Offers To Accompany ELN Peace Talks
Spain’s prime minister, Pedro Sánchez, paid a visit to Colombia as part of a tour of the region. Meeting with President Duque, Sánchez offered Spain’s assistance to push forward the flagging peace talks with the ELN guerrillas. “Anything Colombia needs from Spain to consolidate and advance peace we will say yes to. We will be with our Colombian brothers so that this will be a reality sooner rather than later,” said Sánchez, a member of Spain’s Socialist Workers’ Party.
President Duque, who announced at his August 7 inauguration that he was taking 30 days to review whether to continue the ELN talks, was circumspect. Duque is demanding that the 2,000-member guerrilla group cease all hostilities, including kidnapping and extortion, as a pre-condition for resuming talks that began officially in February 2017. “If there’s a suspension of criminal activities, a will for peace, we very much welcome the offer that has been made by our good friend President Pedro Sánchez,” the President said at a joint press conference with Sánchez.
Interviewed by El Tiempo, Peace Commissioner Miguel Ceballos reiterated the demand that the ELN state clearly that it will respect humanitarian standards and cease kidnapping, “which would be excellent news for Colombians and would facilitate the [peace] table’s continuity.” Ceballos said that he had opened up a confidential line of communication with chief ELN negotiator Pablo Beltrán, who is in Havana, but “unfortunately, this confidentiality wasn’t maintained, as several ELN spokespeople have made public my telephone contracts with Beltrán.”
JEP Takes on a “False Positive” Case
The transitional justice system (JEP) called 11 members of Colombia’s army to appear for the so-called “false positive” killings of 13 people in Casanare department in 2006 and 2007. The term “false positive” refers to soldiers’ grim practice of killing civilians and then presenting the bodies, falsely, as those of armed-group members killed in combat, in order to reap rewards for battlefield results. At least 3,000 Colombians may have fallen victim to such killings at the hands of the military between 2002 and 2008.
Major Gustavo Soto Bracamonte, former head of the Army’s GAULA anti-kidnapping unit in Casanare, appeared before the JEP’s Definition of Legal Situations Chamber, the first step for a case in the new system, with ten former subordinates, to answer for the killings they allegedly committed and falsified. All said they are prepared to contribute to clarifying the truth of what happened and to make reparations to their victims. In a dramatic moment, María Isabel Riascos, the mother of victim Darwin Esnin Riascos, demanded to know why the soldiers killed her son.
To date, 1,944 current and former security-force members have requested to have their human rights cases tried in the JEP. Of those, about 90 percent are false-positive cases. The inclusion of “false positive” cases in the transitional-justice system—where perpetrators can receive vastly reduced sentences—remains controversial. Some human rights organizations contend that they were criminal activities—murders for rewards—that had no relationship to the conflict. For now, the killings’ entry into the JEP is being determined on a case-by-case basis under unclear criteria.
The same is true for civilian officials who participated in human rights crimes by aiding paramilitary groups. In April, the JEP had refused to take the cases of Álvaro Ashton and David Char, two former congressmen from the Caribbean coast who had been convicted in the “para-politics” scandal for aiding and abetting paramilitary groups. The Definition of Legal Situations Chamber determined that the former legislators had aided the paramilitaries for political gain, making their crime irrelevant to the armed conflict. Ashton and Char appealed their case, and the JEP’s Appeals Section overturned the earlier decision, making them the first “para-politicians” to enter the transitional justice system.
Military Presents Report to Truth Commission
On August 27 Colombia’s armed forces presented a 50-volume, 18,380-page document to the new Truth Commission, detailing international humanitarian law and human rights violations committed by the FARC over the course of the conflict. Armed Forces commander Gen. Alberto Mejía said that the volumes resulted from an “inter-disciplinary study” involving the Prosecutor-General’s Office and intelligence services. “This isn’t meant to be a smokescreen, it doesn’t seek to hide the errors committed by soldiers in this war,” he added.
Father Francisco de Roux, the president of the Truth Commission, thanked the armed forces. “When you come to us with 50 volumes, this places in evidence what the FARC war was; this shows the meaning of the peace process.”
Asked about the report, FARC Senator Julian Gallo alias Carlos Antonio Lozada said:
We appreciate that all bodies want to contribute to the truth, and we invite not only the Armed Forces, but also businessmen, political parties, the church, the entire Colombian society to go to these bodies and contribute their version of what they consider conflict to have been, so that Colombia might have a complete version of what happened in the conflict and not just a biased version like the one that was told during the confrontation.
Gen. Mejía added a troubling bit of news: the new Duque government is “reviewing” the agreement that the prior administration of Juan Manuel Santos had signed with the Truth Commission regarding the handover of classified information in military policy and manuals. This, along with legislation introduced by members of Duque’s party in Congress, may throw up obstacles to the Truth Commission’s ability to access information in the military’s files that, unlike this week’s 50-volume submission, portrays the armed forces’ behavior in a less flattering light.
- “Choco, Martirizado por Expansion de ‘Elenos’ y ‘Gaitanistas’” (Verdad Abierta (Colombia), August 31, 2018).
- Andres Cajiao, Angela Maria Silva Aparicio, Irina Cuesta, Juan Carlos Garzon Vergara, Lorena Zarate Martinez, Paula Andrea Tobo, Tatiana Prada, “Inseguridad en las Fronteras, los Desafios del Nuevo Gobierno” (Fundacion Ideas por la Paz (Colombia), August 30, 2018).
- Ricardo Monsalve Gaviria, “Fiebre del Oro Poco a Poco Acaba Con el Agua de 152 Municipios” (El Colombiano (Medellin Colombia), August 30, 2018).
- “La Guerra por la Frontera, Otra Amenaza a los Migrantes Venezolanos” (Semana (Colombia), August 30, 2018).
- Geoff Ramsey, Gimena Sanchez-Garzoli, “Venezuelan Refugees Are Miserable. Let’s Help Them Out.” (Washington Office on Latin America, The New York Times, August 30, 2018).
- Dairo Sanchez-Mojica, “‘El Posconflicto No Debe Perpetuar la Impunidad’: Santiago Arboleda” (El Espectador (Colombia), August 29, 2018).
- “‘Penas de la Jep para Violadores de Ninos No Traeran a la Cpi’: Directora del ICTJ” (Semana (Colombia), August 29, 2018).
- “Arauca, Asediado por la Inseguridad y la Disidencia de las Farc” (Verdad Abierta (Colombia), August 29, 2018).
- Juan David Moreno Barreto, “Pistas para Encontrar a los Desaparecidos” (El Espectador (Colombia), August 28, 2018).
- “De Heroe de Guerra de EE. UU. en Afganistan a Narco” (El Tiempo (Colombia), August 28, 2018).
- Rafael Croda, “Viaje al Corazon de la Oficina, la Heredera del Cartel de Medellin” (Proceso (Mexico), El Tiempo (Colombia), August 28, 2018).
September 16, 2018