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

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

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