The first weekend of 2022 saw one of the most serious humanitarian situations in recent years in Arauca—a department in Northeastern Colombia that borders Venezuela. Armed confrontations among illegal armed actors, believed to be members of the National Liberation Army (Ejército de Liberación Nacional, ELN) and dissidents of the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia, FARC), left at least 23 people killed and several others displaced. Details surrounding the situation are still emerging.
On January 3, Defend the Peace Colombia (Defendamos La Paz Colombia, DLP) published a statement calling on all armed actors to cease their hostilities and to respect the lives and dignity of the communities, organizations, and leaders impacted by the confrontations. DLP further reiterated the importance of advancing a peace process with the ELN, addressing the dynamics brought forth by the FARC’s dissidents, and ratifying a humanitarian accord to bring an end to cycles of violence.
An English-language translation of the statement is below:
Defend the Peace observes with great concern the sensitive situation occurring in Arauca. The ongoing insecurity further reiterates the importance of advancing a peace process with the ELN, handling the dissidents of the FARC who continue their armed actions, and ratifying a global humanitarian accord to move away from these relentless cycles of armed conflict.
Given this situation of ongoing confrontations and the repercussions on communities and their organizations, we are grateful for all the humanitarian action and accompaniment of both national organizations with legal capacities and the international community, as accompaniment to the communities must always be a priority.
Arauca will only find a path of coexistence and true democracy if agreements are reached to leave behind more than four decades of armed conflict.
We call on the ELN and FARC dissident structures to cease their armed confrontations and respect the communities, their organizations, and their leadership.
The security situation worsens in the Bajo Cauca region of northeastern Antioquia, a coca and cocaine-producing region with presence of two paramilitary groups, FARC dissidents, and ELN.
The ELN is the largest of several armed groups operating, and mostly fighting each other bitterly, along the border between Norte de Santander department and Venezuela.
Caption: “El Equipo EXDE de la #Fudra3 desactivó controladamente dos minas antipersonales, presuntamente instaladas por el GAO – Eln, con las cuales pretendía atentar contra la población civil y Fuerza Pública en la vereda San Luis municipio de Ábrego #NorteDeSantander.”
An interview with social leader Luis Ernesto Olave from Chocó department’s Bajo Baudó region, which is suffering intense combat between the ELN and the Gulf Clan.
The Rastrojos, a remnant of what had been a larger post-AUC paramilitary group, massacres seven people in rural Tibú, Norte de Santander. The attack displaces 400 people. Meanwhile an armed group’s explosive on the roadside between Cúcuta and Tibú kills two soldiers and wounds eight more. The violence highlights a worsening conflict between the Rastrojos and the ELN for control of border crossings between Colombia (Tibú, Puerto Santander, and Cúcuta municipalities) and Venezuela.
Colombia’s government rejects an ELN call for a bilateral ceasefire, which did not specifically address kidnapping, extortion, or other illegal non-combat activity.
Nuestro gobierno nunca dejará de cumplir deber constitucional de enfrentar la criminalidad en todo el territorio. El ELN es un grupo terrorista que ha flagelado con barbarie el país por décadas. Colombia les exige que liberen los secuestrados y pongan fin a sus actos criminales.
Authorities give a press conference about the capture of ELN members involved in the January 2019 bombing of the National Police cadet school in Bogotá.
Community members in the village of Filoguamo, in Teorama municipality in Norte de Santander’s Catatumbo region, allege that Army soldiers killed social leader Salvador Jaimes Durán. The military’s Vulcano Task Force, which operates in Catatumbo, releases a photo of guerrillas insinuating that Durán was a member of the ELN. The ELN denies it and the guerrillas release a recording of the individual who appeared in the photo.
Caption: “@ArmadaColombia en #Chocó ubicó y destruyó tres áreas campamentarias donde el #ELN procesaba sustancias ilícitas. Los hechos tuvieron lugar en los sectores de Puerto Bolívar, Cabré y Guapagra en el Bajo Baudó.”
The ELN releases four civilian hostages to a commission from the International Committee of the Red Cross, the Human Rights Ombudsman (Defensoría), and the Catholic Church in rural Norte de Santander. The release comes two days after the guerrillas turn over two oil workers in Arauca. Colombia’s government claims that the ELN continues to hold 10 other hostages. Among them is Nubia Alejandra López Correa, an Army corporal abducted in Arauca on June 7.
The Bogotá-based think tank CERAC, which maintains a database of conflict events, finds no significant increase in offensive armed actions committed by the ELN since the end of the group’s April unilateral ceasefire. “Since March there is no registry of the death of civilians or security force members in violent events attributed to the ELN,” CERAC reports. However, the guerrilla group commits several kidnappings during this period.
On June 2, 2020, EarthRights and 15 other international and Colombian civil society organizations, including WOLA, published a statement condemning the murder of Indigenous U’wa leader Joel Aguablanca Villamizar and the militarization of the ancestal U’wa territory.
Joel Aguablanca Villamizar was murdered on May 31, 2020 in the Department of North Santander during a Colombian military operation against fronts of the National Liberation Army (Ejército Nacional de Liberación, ELN). The Indigenous community has adamantly stated that their leader had no link to the armed group.
The militarization of the territory has had a detrimental impact on the indigenous U’wa population. The organizations demand that authorities investigate and punish those responsible in a timely manner and implement the necessary measures to prevent other senseless murders from occurring in the future.
Below is the text of the statement:
Human rights organizations condemn the murder of indigenous U’wa leader Joel Aguablanca Villamizar and the militarization of ancestral U’wa territory
Washington D.C, June 2, 2020: Last Sunday, indigenous leader Joel Aguablana Villamizer was murdered by the Colombian army in the Chitagá municipality of Norte Santander, Colombia. Joel was an indigenous leader and education coordinator for the U’wa Association of Traditional Authorities and Cabildos (ASOU’WA). The army murdered Joel as part of a mission to capture Darío Quiñonez, alias Marcial, third leader of the Efraín Pabón Pabón Front and commander of the Martha Cecilia Pabón Commission of the National Liberation Army (ELN). Earthrights Executive Director Ka Hsaw Wa issued the following statement in response:
“In carrying out this operation, the Colombian National Army and the ELN did not respect the basic principles of international humanitarian law, threatening the life and security of the U’wa civilian population, including five minors.
“The military operation that resulted in Joel’s murder was carried out in close proximity to the U’wa United Reservation, which is part of the U’wa Nation ancestral territory. This highlights the impacts that the Colombian government’s fight against armed forces still has on the indigenous U’wa population. The U’Wa have been declared an endangered group by the Constitutional Court of Colombia.
“The organizations below stand in solidarity with the U’wa voices who denounced this heinous act and who stated that ‘[they] are not going to allow this unfortunate situation to be considered a false positive for the Colombian State, since the murdered U’wa brother was never linked to the ELN insurgent group (A SOU’WA Communiqué).’
“We are concerned and outraged at the frequency of events such as this one. According to the Catatumbo Peasant Association (Ascamcat), with the death of Joel Aguablanca there have already been three cases of extrajudicial executions in the department of Norte Santander in 2020 (El Tiempo, 2020).
“We demand that authorities investigate and punish those responsible in a timely manner and implement the necessary measures to prevent other senseless murders from occurring in the future. Likewise, we will bring the situation to the awareness of the Inter-American Commission on Human Rights and the United Nations Rapporteurship on the Rights of Indigenous Peoples. EarthRights is currently supporting the U’Wa in a long-standing land rights case at the Interamerican Commission on Human Rights”
Signatures:
Almáciga (Spain)
Alma y Corazon (USA)
Amazon Watch (USA)
Asociación Interamericana para la Defensa del Ambiente (AIDA) (Regional-Americas)
Colombia Human Rights Committee (USA)
Corporación Colectivo de Abogados José Alvear Restrepo (Colombia)
EarthRights International (Amazon)
Indigenous Environmental Network (USA)
Mujer U’wa (USA)
Perifèries del món (Spanish State)
Rainforest Action Network (USA)
Rete Numeri Pari (Italy)
University of California Irvine Community Resilience Projects (USA)
Citing recent captures of mid-level leaders and demobilizations of a few dozen fighters, High Commissioner for Peace Miguel Ceballos calls on the ELN “to make a clear political decision: whether it wants to continue with peace or not.”
Colombia’s air force bombs an ELN encampment in southern Bolívar department. The think tank CERAC, which maintains a database of conflict events, finds this to be the security forces’ first offensive operation against the ELN in 63 days. (In May, though, CERAC records “11 non-violent security force operations in which at least 20 guerrillas were captured.”)
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.
