Tag: Human Rights

Marta Ruiz on the “Reverse Land Reform” in Montes de María

If a drug-funded armed group on the U.S. government’s terrorist list forces thousands of family farmers off their land, can companies who bought that land just a few years later really claim to have done so “in good faith?”

Marta Ruiz, a journalist who served as a commissioner of Colombia’s Truth Commission, asked that question in a September 10 column at the Colombian news site La Silla Vacía. She was writing about the Montes de María, a region near the country’s Caribbean coast where small farmers struggled to win titles to their lands, only to be massively displaced by an early 2000s scorched-earth campaign, including a string of notoriously bloody massacres, by the United Self-Defense Forces of Colombia (AUC). The AUC were a paramilitary network—on the State Department’s terrorist list between 2001 and 2013—that colluded with large landowners, narcotraffickers, and elements of Colombia’s armed forces.

In late August, Colombian President Gustavo Petro visited El Salado, a village in the Montes de María known for a grisly 2000 massacre. There, he called out Argos, a cement company that is one of Colombia’s largest corporations. (Argos USA’s website calls it “the most sustainable company in the industry.”) Marta Ruiz reported that Petro said:

“Argos took the land of the displaced, I am not going to accuse them of the massacre, but they benefited from the fruit of the massacre and the blood.” The company immediately responded by arguing its good faith in the purchase of 6,600 hectares in the municipalities of Carmen and Ovejas.

Ruiz’s column then recounts the recent history of this troubled region, which is less than two hours’ drive from Cartagena. First, the land-tenure struggles of the 1960s and 1970s, the subject of many histories and academic studies in Colombia.

Populated by mestizos, indigenous people and Afros, it was the scene of strong agrarian struggles against unproductive large estates throughout the 20th century. In fact, it was the site chosen by [1966-1970 president] Carlos Lleras Restrepo to launch the ANUC [government-sanctioned small-farmers’ organization] and his agrarian reform, with much more radical speeches than Petro’s against the rentier landowners and landlords. In those years, many peasant families obtained plots of land of a maximum of 12 hectares, and others after 1994 when, with Law 160, land adjudication resumed.

Then, the paramilitary onslaught of the late 1990s and early 2000s, which reversed so many farmers’ hard-won gains.

By the mid-1990s, the FARC-EP—which were already in the region—became very strong in the mountains, and from there they tried to dominate the entire region. The ranchers, tired of kidnapping and extortion, demanded that [top AUC leader] Carlos Castaño send his army of thugs to that part of the Caribbean. But since a war is expensive and they were not going to finance it, it was obvious that drug traffickers, who eventually became owners of immense lands in the region’s lowlands and coastal areas, would have to enter the war, thus consolidating their illicit trade routes.

Then came the “expediting” of massacres. First was Pichilín, a small village high in the mountains between Colosó and Morroa. Everyone left there, except one old man who ended up talking to the trees. Then followed Macayepo, Chengue, El Salado, Las Brisas, Capaca, Los Guaimaros… I can go on until I fill the page with more than 50 names of villages that were razed to the ground. Between 2000 and 2005 at least one million peasants in the Caribbean region were displaced and lost their land. In Carmen de Bolivar alone, once a prosperous town, 80 percent of the rural inhabitants were exiled.

Home abandoned in Chinulito, Colosó, Sucre (photo by me in 2011)

The AUC went through a sort of demobilization process in the mid-2000s. By then, for a time, the armed forces became the major human rights violators in the Montes de María.

After the demobilization of the AUC…there was a time of extrajudicial executions, disappearances, dispossessions and mass arrests. The latter were a nefarious practice of the public forces because they were based on biased intelligence, based on the stigmatization of entire towns such as Ovejas, where 130 people were arrested in a single day. Between paramilitaries, guerrillas and security forces, a century’s worth of campesino organization was almost wiped out.

In 2007 the final “battle” took place with a bombing where [top regional FARC leader] Martín Caballero died. Thus the guerrillas were annihilated in that region.

President Álvaro Uribe (2002-2010) oversaw military operations that weakened the FARC, and also oversaw a negotiation process that demobilized the paramilitaries in exchange for light jail sentences. Uribe had the full support of large landowners and business elites, who moved rapidly into the lands abandoned by the small farmers of the Montes de María.

Meanwhile, President Uribe and his closest circle encouraged his countrymen in Medellín and Envigado to buy land and invest in Montes de María.

…The consolidation of Democratic Security [Uribe’s signature security policy] would be done hand in hand with businessmen, and the military committed themselves to the construction of a road that would join the Magdalena River with the Caribbean Sea: the Montes de María transverse road. And they did it. Thus, the counterinsurgency strategy contained an anti-peasant bias which, aligned with a certain vision of development, assured that Colombia’s progress depended on businessmen’s money rather than on the regions’ human capital.

What happened next was a “reverse land reform” throughout the mid-2000s to the early 2010s.

The massive purchase of land was done at a surprising speed and with all kinds of trickery… The businessmen had access to these databases [of forcibly displaced farmers’ delinquent mortgages] and set themselves the task of looking for the displaced in the poverty belts of Sincelejo, Cartagena, and Barranquilla to ask them, through trickery, half-truths and deceit, for the transfer of their titles… The intermediaries took the land and in exchange left the campesinos with despair, fear, lack of protection and defeat. It was an express agrarian counter-reform.

It is a legend, but absolutely true, that in order to consummate this operation, notary offices worked 24 hours a day for several weeks. It was necessary to accelerate because another part of the state’s institutional framework, the one that was trying to return displaced people, announced the protection of the lands and the prohibition of their sale until the circumstances in which these transactions took place were verified.

In 2011, some investors buying up land in the Montes de María portrayed themselves as rural development associations. (Photo by WOLA in El Carmen de Bolívar, Bolívar)

Of the business organizations that bought up all of the land vacated after the paramilitary onslaught, Argos is the best known.

In the midst of such a panorama, Argos bought its first land in San Onofre, Sucre, a municipality where the feared [regional paramilitary leader] Rodrigo Cadena had his headquarters. The company was obliged to compensate for the environmental damage caused by its cement activity by planting forests. Thanks to a forestry incentive law, this compensation became a business: planting teak, a fine and very expensive wood, which has an assured international market… The land was cheap because in their exodus, people left the land. Argos decided not only to stay but to expand to other municipalities and that is when it set its eyes on El Carmen, Ovejas, etc.

Courts, Ruiz noted, have cast doubt on Argos’s claims to have been unaware of the violent dispossession that took place in the lands they purchased, just a few years earlier.

The courts have said that Argos did not comply with the due diligence expected of a multinational company that is listed on the world’s major stock exchanges; that is among the five most powerful groups in the country; and that to top it off is part of global pacts for good human rights practices. According to the judges, it is unlikely that a company of its size and capacity would be unaware of the context in which the land purchases and sales took place, let alone their implications.

Ruiz credits Argos for steps that it has since taken: “once the Victims Law was approved [2011] and the massive purchases scandal became a reputational risk, the business group cancelled its project in those municipalities. It created the Fundación Crecer en Paz, which remains under its tutelage for the management of the 6,600 hectares already acquired.” Farmers have recovered some of the land.

That is more than can be said of other opportunistic investors who benefited, indirectly or directly, from paramilitary violence in the Montes de María. Still, “it is a pity that Argos maintains its anachronistic discourse about the ‘good faith’ that led it to these purchases, instead of gallantly recognizing that its actions were opportunistic and encouraged dispossession. It should ask for forgiveness.”

After all, “Montes de María was not a wasteland in need of corporate colonization as was said in certain circles in Medellín. It was home to many people who had fought fervently to be there.”

These are just a few highlights of a great column about a chapter of Colombia’s conflict that shows what a lot of the fighting was actually about: the strong taking advantage of a crisis to seize land and wealth from the weak.

The U.S. officials who adhered Washington so closely to the project of Álvaro Uribe and his allies—giving him effusive praise, billions in aid, and even the Medal of Freedom—can claim, too, that they were acting in good faith. But they enabled a good deal of harm.

Tags: Displacement, Human Rights, Land Tenure, Montes de Maria, Paramilitarism

September 20, 2023

Delaying Tactics Threaten Justice in March 2022 Colombian Military Massacre Case

In March 2022, Colombia’s Army staged an early-morning attack on a large, hung-over gathering of participants in a “community bazaar”—including a few armed-group members, who fired back—in a rural zone of Putumayo, in the country’s south. The soldiers killed several civilians, including a pregnant woman and an Indigenous community leader.

Top defense officials in the government of President Iván Duque insisted that the troops did nothing wrong and that no human rights or international humanitarian law violations took place. Colombian journalistic investigations found otherwise.

Colombia’s civilian Chief Prosecutor’s Office (Fiscalía) looked into the case, and agreed with the journalists. The Colombian magazine Cambio reported on August 20:

the Prosecutor’s Office deployed an interdisciplinary team that included ballistics experts, forensic doctors, topographers and prosecutors from its Human Rights Unit. The material collected, as CAMBIO was able to verify, reveals that the indigenous governor Pablo Paduro died as a result of a rifle shot by one of the uniformed officers and that the weapon found near his body was never fired or manipulated by him, but was planted on him with the intention of diverting the investigation. In addition, there is incontestable evidence: the dead were 11 and the weapons found were 5, so at least 6 of them did not have the means to shoot at the Army.

The prosecutors, though, are being held up by delaying tactics. Defense attorneys for the accused military personnel made a last-minute appeal to have the case heard in Colombia’s military justice system. The military system is meant for disciplinary infractions (“acts of service”), not human rights abuses; when it does get jurisdiction over a crime against civilians, it almost never convicts. For such cases, it is an impunity factory.

Cambio explained the legal machinations:

The indictment hearing was scheduled for the first days of August, but in an unexpected decision, the 106th judge of Military Criminal Instruction of Puerto Leguízamo [Putumayo] accepted the request of the soldiers’ lawyers and sent the process to the Constitutional Court to resolve a jurisdictional conflict. The judge’s decision has been criticized because a month after the operation, in May 2022, the same Military Criminal Court sent the process to the Prosecutor’s Office, arguing that the possible human rights violations could not be considered acts of service.

The Constitutional Court has yet to decide whether the Alto Remanso massacre case will go to the military justice system, where justice is unlikely, or the civilian system, where prosecutors and investigators have done thorough work and are ready to go. Colleagues at Human Rights Watch just sent an amicus brief to the Constitutional Court asking it to slap down the military attorneys’ gambit, and move the case back to the civilian justice system.

The military attorneys may be happy just to run out the clock. Cambio warns, “For now, the legal process is suspended and waiting for the Constitutional Court to define the conflict of competences. The clock is ticking, and the ghost of the statute of limitations’ expiration is haunting the investigators’ work.”

The Constitutional Court must act quickly.

Tags: Civil-Military Relations, Human Rights, Justice System, Putumayo

September 18, 2023

Former Commander of Colombian Army Indicted for War Crimes

On August 30, Colombia’s Special Jurisdiction for Peace’s Truth Recognition Chamber indicted the former commander of the army from 2002 until 2006, Mario Montoya, for his responsibility in the extrajudicial killings of 130 civilians. The crimes took place when he commanded the IV Brigade based in Medellin, Antioquia. The entity pointed out that Mr. Montoya lied about the number of persons killed, covered up the extra limitations employed by the forces under his watch and employed disturbing language that glorified this violence. Such language included ordering the units under his command to report their actions in terms of “liters,” “squirts,” “rivers,” “barrels,” or “tanker trucks” of blood. 

In February 2021, the peace court found that between 2002 and 2008 6,402 civilians were extrajudicially killed by the armed forces of Colombia. This macro-criminal practice of assassinations and forced disappearances led to the illegitimate presentation of guerillas killed in combat. For years, victims’ families of the extrajudicially killed and forcibly disappeared have lived with the pain and torture of these crimes and in many cases reprisals and death threats for seeking justice for their loved ones. Over the years, high officials of the Colombian governments have diminished and denied these crimes.

As WOLA, we welcome the JEP’s indictment with the hope that this helps to guarantee non-repetition of such crimes and provides some solace to the victims’ families. During this time the U.S. provided Colombia with at least $3.8 billion in military assistance. We therefore call upon U.S. authorities to cooperate fully with any information requests from the JEP, including declassifying relevant information for the role that U.S. funding and training to the Colombian armed forces played in these murders. 

Tags: Civil-Military Relations, False Positives, Human Rights, JEP, Transitional Justice

September 1, 2023

In Colombia, attacks on human rights defenders, social leaders, and ex-combatants are gradually declining

Two sources point to a welcome, though still woefully insufficient, decline in the number of human rights defenders and social leaders being killed in Colombia.

During the first half of 2023:

  • According to Colombia’s Human Rights Ombudsman’s Office (Defensoría del Pueblo), 92 social leaders and human rights defenders were killed between January and June 2023. That is down 19 percent from the 114 killings that the Defensoría counted between January and June 2022.
  • According to the count kept by the independent journalism site La Silla Vacía, 77 social leaders were murdered in the first six months of 2023. That is down 25 percent from the first half of 2022.

The United Nations Verification Mission in Colombia, which produces quarterly reports on implementation of aspects of the 2016 peace accord, also found a downward trend in murders of demobilized former members of the FARC guerrilla group. In its latest report, the Mission counts 18 ex-combatants killed between January 1 and June 26, 2023, roughly 30 percent behind the pace of 2022, and the trend has been declining since 2020.

This is all good news, though Colombia is still far from zero.

Why is it happening? Some credit may go to the nearly year-old government of Gustavo Petro, which has extended many of the country’s armed groups an opportunity to negotiate peace or demobilization, which gives them an incentive to improve their behavior toward non-combatants.

In the case of attacks on former FARC combatants, the demobilization process happened six years ago now, so “people just getting on with their lives” is something of a factor. Still, the UN warns that “persisting violence continues to jeopardize the process.” Indeed, imminent threats from FARC “dissidents” is forcing the relocation of sites for demobilized guerrillas in Vistahermosa and Mesetas, Meta, a few hours’ drive south of Bogotá.

Tags: Demobilization Disarmament and Reintegration, Human Rights, Human Rights Defenders

July 25, 2023

What we know about the March 28, 2022 military raid in Putumayo, Colombia

What happened?

The Guardian called it a “botched army raid.” An Indigenous group called it a “massacre.” The commander of Colombia’s army insisted that it took place “with strictest observance of human rights and international humanitarian law.”

Early on the morning of March 28, dozens of people were gathered in a communal space in the town of Alto Remanso, near the Ecuador border in Colombia’s southern department of Putumayo. They had been partying all night, the ground littered with beer cans. Speakers were still blasting music. It was the third day of a community “bazaar,” a festival to raise money to pave a nearby stretch of dirt road.

Just after 7:00 AM, shots rang out. Community members say that men dressed in black, shouting “we’re not the security forces,” fired at the gathering. Some people at the bazaar—almost certainly members of an ex-FARC dissident group active in the area—returned fire. Shooting continued for at least an hour and a half. At that point, helicopters arrived, and the townspeople were shocked to find out that the black-clad invaders were Colombian soldiers.

Later that day, Colombian President Iván Duque and Defense Minister Diego Molano posted tweets celebrating the “neutralization” of 11 ex-FARC dissidents, and the arrest of 4 more. The Army said it was a long-planned operation to capture Carlos Emilio Loaiza, alias “Bruno,” a leader of the Comandos de la Frontera, a Putumayo-based armed group that trafficks cocaine. (“Bruno” was not present.) The Comandos are believed affiliated with the “Segunda Marquetalia” network, led by re-armed former FARC guerrillas, which the U.S. State Department added to its list of foreign terrorist organizations last November.

Much remains unclear about the Alto Remanso incident. What we know comes from denunciations by local Indigenous and campesino groups, and Bogotá-based human rights groups; three Colombian media outlets’ thorough fieldwork; and a mission from the UN High Commissioner for Human Rights. The Colombian daily El Espectador has produced a helpful timeline of events.

What was the human toll of the operation?

Eleven people died in Alto Remanso on March 28. At least four (one source claims six) were civilian non-combatants: the president of the town’s Community Action Board, Divier Hernández; his pregnant partner, already a mother of two, Ana María Sarrias; a Kichwa Indigenous reserve governor, Pablo Panduro; and a 16-year-old boy, Brayan Santiago Pama. Another of the dead was a former FARC guerrilla who demobilized in 2017, Jhon Jairo Silva.

Four more people were wounded, the Inter-American Human Rights Commission confirms, including a soldier who was shot in the arm.

Were four additional people captured?

No. Early reports, including President Duque’s tweet, noted the arrest of “four criminals” in addition to the eleven killed. Colombia’s Prosecutor-General’s Office (FIscalía) responded days later that no suspects had been handed over. Three people who had been wounded in the operation received medical care at clinics elsewhere in Putumayo, and were freed.

Were those killed combatants, or civilians?

Witnesses insist that at least four (or perhaps at least five) of those killed had nothing to do with armed groups.Of the other six or seven, it is unknown which or how many were armed or engaged the military in combat. The Army recovered only six weapons from the scene.

Alto Remanso is an area with very little state presence. People who are not combatants coexist every day with armed groups like the Comandos de la Frontera. It is not surprising that members of this armed group, which keeps close watch over all activity in the area, would have been present at a large community gathering.

Rather than admit errors or “collateral damage” in a crossfire, Colombia’s Army and Defense Ministry insist that every single one of the dead was a combatant. Military sources provided the pro-government Semana magazine with an account of months of preparation and intelligence leading up to the operation, including soldiers’ surveillance of what the magazine called a “cocalero bazaar” starting on March 26. In a March 30 Twitter response to opposition presidential candidate Gustavo Petro, Defense Minister Molano wrote that the operation “wasn’t against innocent Indigenous people, but against narco-cocaleros [apparently a reference to coca farmers]. It wasn’t at a bazaar, but against criminals who attacked soldiers.”

The commander of Colombia’s Army, Gen. Eduardo Zapateiro, reiterated on April 11 that all of those killed were guerrilla dissidents. “This isn’t the first operation in which pregnant women and minors get killed,” Gen. Zapateiro told a television interviewer. (Gen. Zapateiro caused controversy in February 2021 with a tweet comparing human rights advocates to venomous snakes, posted the day after major revelations about past extrajudicial executions.)

On April 12, Gen. Juan Carlos Correa, commander of the Army’s Air Assault Division, told the Caracol radio network that all of the dead were armed-group members, either fighters or support personnel. Gen. Correa is a close U.S. ally: he spent 2019 and 2020 in Miami, at U.S. Southern Command headquarters, as the director of the U.S. military command’s J7/J9 (Exercises and Coalition Affairs) Directorate.

The Colombian Armed Forces shared a document purporting each deceased individual’s ties to the armed group. It claims that Hernández, the community leader, went by the alias “Gordo,” and his partner, Sarrias, was alias “Dayana.” It alleges that Panduro, the Indigenous leader, was shooting a rifle with a scope. In the document, Pama, the 16-year-old, was allegedly carrying a rifle too.

Townspeople say that the four had no armed-group affiliation; even if they did, though, that would not be grounds for use of lethal force against them. Hernández and Sarrias were not armed when they were shot: investigative journalist José Guarnizo of the online media outlet Vorágine writes that he has photos, too explicit to publicize, that prove it. Panduro “never picked up a weapon, and there is an infinity of testimonies” supporting that, wrote Guarnizo. Witnesses of the military operation say that Pama was shot not while carrying a rifle, but while trying to offer first aid to a combatant who had been carrying a rifle.

What is the security situation in Putumayo?

The security situation is dangerous. A Maryland-sized department (province) of about 350,000 people, Putumayo has long been ungoverned and conflictive. One of Colombia’s principal coca-growing departments, it is also a key corridor for cocaine transshipment across the border into Ecuador. It was a stronghold of FARC guerrillas, until paramilitary groups made inroads into towns—with military support —in the late 1990s. In 2001, Putumayo was the initial theater of U.S.-backed military operations supported by the first “Plan Colombia” aid package.

Do the military units involved receive U.S. aid?

Yes. A pro-government media report identifies the Colombian Army’s 3rd Counternarcotics Battalion as the unit to which the soldiers who carried out the attack belonged. This mobile battalion was created with generous U.S. support in the early 2000s with funding from the first Plan Colombia appropriation, and continues to get U.S. support today. During the Duque government, this and other counternarcotics battalions were reorganized into a Command Against Narcotrafficking and Transnational Threats (CONAT), which also works closely with U.S. counterparts. U.S. trainers were present for the CONAT’s March 2021 activation ceremony.

This is one of the Colombian Army’s most elite units, whose members “are trained day and night about international humanitarian law and human rights,” law of war expert Jean Carlo Mejía told El Espectador.

The Leahy Law prohibits U.S. aid to foreign military units that commit gross human rights violations unless “effective” or “corrective” steps are being taken. As long as investigations continue (see below) and responsible officials are held accountable, the Leahy Law will not be invoked. Should investigative and accountability processes stall, assistance to the 3rd Counter-Narcotics Battalion, and possibly to the CONAT, could be in jeopardy.

Did this operation violate International Humanitarian Law?

A consensus view in recent reporting is that it is very likely that this attack, launched in the middle of a party crowded with civilians, violated international humanitarian law. “According to International Human Rights Law, the intentional use of lethal weapons can only occur when it is strictly unavoidable, and with the purpose of protecting life,” the UN High Commissioner for Human Rights’ Colombia field office recalled in a April 13 tweet .

The armed forces insist that the operation was legitimate: that it was planned and executed at all phases “based on the principles of international humanitarian law.” President Duque said on April 11, “There was an exchange of fire, members of the security forces were wounded, and all protocols were followed.”

However, the decision to pursue a “high value target,” spurring a firefight in the midst of dozens of civilians, including women and children, ran a very high risk of violating the “principle of distinction,” which requires soldiers to avoid harming non-combatants in all but the extreme circumstances, like urgent self-defense. The soldiers took that risk on March 28, ordering snipers to fire “discriminately” (in their words) at the gathering—even after video taken through a sniper’s rifle sights, shared later with Caracol, showed women and children present.

Did the soldiers wear black outfits and say they weren’t the Army?

Yes to the first, “probably” to the second. Townspeople in Alto Remanso say that the soldiers arrived in the town dressed all in black, and that they shouted, “Get down, we are not the security forces.” Some had their faces hidden; some had facial hair. Gen. Correa said that special-forces units do occasionally wear black uniforms, a practice that “is totally regulated.”

It is a violation of international humanitarian law to wear outfits lacking “a fixed distinctive sign recognizable at a distance.” It is also a violation (perfidy) for actors to pose as members of another side.

Did the Army delay or deny urgent medical assistance?

Almost certainly. The Inter-American Human Rights Commission “ received information about a supposed denial of medical assistance required by affected people.” Indeed, it appears that some of those killed in Alto Remanso bled to death from wounds that might have been treatable.

Divier Hernández, the Community Action Board president, lay bleeding outdoors, well enough to ask another townsperson to take the keys to his boat and bring his wounded, pregnant partner, Sarria, to get medical aid. The townsperson carried Sarria to the river’s shallows where they sat, submerged, unable to reach the boat because of gunfire. Sarria eventually bled to death from her leg. Panduro, the Kichwa governor, lay on the ground for half an hour begging for help until he, too, perished. Amid the shooting, nobody could get near him to assist.

Was the scene tampered with?

It appears likely. Army personnel had Alto Remanso to themselves for about seven hours: investigators from the Prosecutor-General’s Office (Fiscalía) did not arrive until after 2:00 PM on March 28th. By then, soldiers had moved the dead, allegedly to “keep them in a secure area.” The Fiscalía personnel were initial crime scene investigators, some of whom were seen hugging Army commanders upon their arrival. Fiscalía detectives did not begin to interview witnesses in the town until four days later.

More serious are allegations that victims’ bodies may have been manipulated to make them appear to have been combatants. Strong questions surround Brayan Santiago Pama, the 16-year-old who was killed. Reporters from Cambio, El Espectador, and Vorágine have photos of Pama’s body—which they’ve reproduced as artist renditions out of respect for the victim’s family—showing Pama first lying on the ground unarmed, and then later lying on the floor of a boat with a rifle laid on top of him.

In another video shared by Vorágine we see a grieving woman, while an off-screen voice asks soldiers, “We civilians don’t have weapons, why are you doing this to us? What is most shocking is that you put guns on them. The man you put a rifle on is a governor accredited by the mayor’s office. He was an unarmed person.”

What happened to the money and the whiskey?

They’re gone. Reporters who visited Alto Remanso and spoke to townspeople heard that the three-day bazaar was going well, having raised about 11 million pesos (US$3,000) for the road-paving. The boozy gathering still had about eight cases (96 bottles) of Buchanan’s whiskey still left to sell or drink.

Several witnesses said that the Army took the money, and that the whiskey is no longer in the town. Some say soldiers also took another 36 million pesos in cash (nearly US$10,000), the proceeds of a land sale. A sex worker said that, as she lay on the ground, a soldier put his foot on her head and wrested away her mobile phone “without any explanation.”

The Army reported seizing 9.8 million pesos in cash during the raid, along with weapons. A Defense Ministry source told Cambio that it would be “unthinkable” for the soldiers to have taken the liquor, because “each one would have had to carry two bottles.”

Are credible investigations happening?

Investigations are ongoing, for now. The Internal Affairs Office (Procuraduría) has launched a preliminary inquiry into what happened in Alto Remanso, though the Army has so far not provided requested documents. Senators are calling on Defense Minister Molano to testify. Reporters from El Espectador couldn’t ascertain whether personnel from the Human Rights Ombudsman’s office had managed to visit Alto Remanso.

Real judicial accountability resides with the Prosecutor-General’s Office (Fiscalía). “We urge the Fiscalía to conduct a thorough and independent investigation to guarantee the victims’ rights to truth, justice and reparation,” the UN High Commissioner for Human Rights field office tweeted on April 13. “We recommend that all disciplinary and criminal measures be taken to prosecute and punish those responsible for what happened.”

The quality of the Fiscalía investigation is not assured. Detectives came to interview witnesses four days after the events occurred, though reporters and NGO investigators were able to arrive days before. Interviews with witnesses took place outdoors without privacy. Military personnel stood nearby, some with video cameras mounted to their helmets.

What is the humanitarian situation now for community residents?

Serious. Residents say they have alerted the Fiscalía about the disappearance of five people from the Alto Remanso community, including an eight-year-old boy. Meanwhile, the town is virtually abandoned: El Espectador’s reporter wrote that about 20 people came to the town to talk to her, but “by the evening, the village was once again nearly unoccupied.” Contagio Radio noted, “fear reigns due to reprisals following the denunciations, and many of the region’s inhabitants continue to suffer forced displacement without government assistance.”

What does this mean for politics and civil-military relations in Colombia?

Unless clarity and accountability come swiftly, it is a bad sign. The Alto Remanso, Putumayo attack has generated a political firestorm as Colombia heads toward May 29 first-round presidential elections. The deeply conservative Duque government, which is unpopular, is facing calls for Defense Minister Molano’s resignation and a move by opposition legislators to censure him (which probably lacks necessary votes).

All presidential candidates have weighed in. While all call for an investigation, their postures vary. Rightist, pro-government candidate Federico Gutiérrez assures that the military “rigorously respects human rights.” Rightist independent candidate Rodolfo Hernández criticizes “media tribunals that, without knowing the full facts, make these narco-guerrilla meetings look like a Boy Scout camp.” Centrist Sergio Fajardo said, “the government cannot present a disproportionate and vile action as a successful operation.” Leftist Gustavo Petro called it “a war crime against Putumayo’s population,” adding, “In my government, honor will be the security forces’ axis.”

Of particular concern is the Defense Ministry’s and security forces’ defiant attitude in the face of mounting evidence that not all of those killed were combatants. Mistakes happen in combat. For leaders to insist that none occurred in Alto Remanso—that what happened on March 28 was an exemplary operation—carries serious and lasting risks to the credibility of Colombia’s security sector, when much careful reporting indicates otherwise.

Retired Col. Pedro Javier Rojas, a moderate, oversaw doctrinal reforms a decade ago but resigned from Colombia’s army in late 2020 over disagreements with the current, harder-line high command. Speaking with El Espectador, Rojas viewed the Putumayo attack as an ominous sign that the armed forces are losing their way. “Today, doctrine, one of the three pillars of any military force—together with cohesion and principles and values—is weakened. The current Army leadership did not continue to build it, and furthermore it has not been correctly internalized and disseminated. That is why we see these repeated mistakes in operations.”

Tags: Civil-Military Relations, Human Rights, Putumayo

April 14, 2022

How USAID Can Help Support Peace and Human Rights in Colombia (2022)

On March 22, WOLA sent a letter to the Colombia mission of the United States Agency for International Development (USAID) with ample suggestions to support peace and human rights in Colombia. Before the annual consultation between USAID and U.S. civil society, WOLA informally surveys organizations, experts, academics, activists, and others partners in Colombia about U.S. cooperation in the region. We did the same for the 2022 consultation and solicited input from more than 40 entities, including groups receiving USAID assistance and many who do not receive funding. This input is not a scientific survey. Rather, it is a summary of the impressions we received combined with WOLA’s suggestions due to our long history of monitoring U.S. funding to economic, social, peace, and human rights matters in Colombia.

The document outlines optimism for continued peacebuilding. Topics include the strengthening of mechanisms set up by the 2016 peace accord with the FARC, fortifying the implementation of the peace accord’s Ethnic Chapter, dismantling illegal armed groups and corruption between such groups and members of the public forces, protection and justice for social leaders, the Truth Commission’s Final Report and the Special Jurisdiction for Peace’s Macro Cases, the reincorporation of former combatants, police reform and accountability for abuses, addressing the multidimensional human mobility crisis, the protection of youths, women, and the LGBT+ persons

The original English letter is here.
The unofficial Spanish translation is here.

Tags: Human Rights, U.S. Policy

March 31, 2022

SOS Cauca: International Community Condemns Murder of Indigenous Leader Albeiro Camayo Güeito

On January 25, the Washington Office on Latin America (WOLA) and 19 other international civil society organizations, as part of Colombia’s Cooperation Space for Peace, published a statement heavily condemning the murder of former Regional Coordinator of the Indigenous Guard Albeiro Camayo Güeito by armed actors from the Jaime Martínez Front of the FARC’s dissidents.

With the murder of Camayo Güeito, illegal armed actors have murdered three kiwe thegnas (Indigenous Guards) in under two weeks. The other two individuals are Breiner David Cucuñame and Guillermo Chicame. Given this context, Indigenous authorities have declared a maximum alert throughout their territories in Cauca department.

The international civil society organizations reinforced the alert by the Nasa Indigenous community and requested that the diplomatic corps present in Colombia urge the national government to implement efficient and effective measures to protect the Indigenous communities of Cauca, including the comprehensive implementation of the 2016 peace accord. They also called on the Ombudsman’s office to fulfill its constitutional mandate by immediately traveling to the territory and issuing appropriate and necessary Early Warning alerts.

Read the original, Spanish statement here.
Read the translated, English statement here.

Tags: Attacks on social leaders, Human Rights, Indigenous Communities, Security Deterioration

January 31, 2022

SOS Arauca: International Civil Society Organizations Demand Peace in Arauca, Colombia

On January 24, the Washington Office on Latin America (WOLA) and 26 other international civil society organizations, as part of Colombia’s Cooperation Space for Peace, published an SOS statement demanding peace in Arauca department amid escalating violence in the region.

As the organizations note, Arauca started 2022 with egregious episodes of violence by illegal armed groups that deepened the humanitarian situation for Arauca’s civilian population. At least 33 people were murdered, 50 disappeared, 170 families and 36 former FARC combatants internally displaced, and a car bomb detonated against a human rights organization’s office. The Ombudsman’s office and civil society organizations have warned of this escalating violence for years now.

The statement calls on the international community to urge the Colombian government to prioritize dialogues with guarantees and humanitarian agreements as solutions forward from this senseless violence and to consolidate peace.

See the original statement here
See the unofficial English translation here.

Tags: Arauca, Armed Groups, Human Rights

January 25, 2022

Colombia’s Peace Movement: “Arauca Deserves True Peace and Democracy”

“Defend the Peace”

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.

Tags: Civil Society Peace Movement, Dissident Groups, ELN, Human Rights, Security Deterioration

January 4, 2022

Advance the Promises of the 2016 Peace Accord: Civil Society Perspectives on Peace in the Chocó

Read the full report

Between February 2021 and May 2021, the Washington Office on Latin America (WOLA) worked with Colombia-based consultants and partners to gather the perspectives of people at the community level about their experiences with the implementation of Colombia’s historic 2016 peace accord.

While there are good academic, statistical, and investigative reports on different aspects of Colombia’s peace, WOLA gathered perspectives on how various civil society actors were viewing the implementation of the 2016 peace on the ground. For peace to be properly consolidated on the ground, understanding how those most affected by the conflict is key and their viewpoints are vital to guaranteeing that peace is successful. Colombia’s regions are each unique with their own historical, cultural, geographic and ethnic differences and the conflict has played itself out differently throughout the country, which has resulted in distinct dynamics on the ground.  

Our research covered four different regions of Colombia—Arauca and Catatumbo in the northeast, Chocó in the northwest, and northern Cauca in the southwest. For people to speak candidly without fear of reprisals, there is no direct attribution of the sources of the information in this report.

The report, “Advance the Promises of the 2016 Peace Accord: Civil Society Perspectives on Peace in the Chocó,” summarizes the findings of WOLA’s work with partners in Chocó and includes recommended actions voiced by the communities themselves. This collaboration also sought to identify recommendations for the United States’ and international community’s support for the peace accord and its implementation.

When persons interviewed were asked what can the U.S. government and civil society organizations do to support peace efforts in the region, the following proposals were made:

Recommendations

1)    Support the creation of a Commission that can dialogue directly with U.S. policymakers

The U.S. government and civil society organizations should support the creation of a binational commission that serves as an interlocutor with U.S. policymakers to advance peace accord implementation in the Chocó. The Commission would include the U.S. government, Chocoan civil society, U.S. civil society and experts chosen due to their expertise). By helping create this commission, the international community can ensure the 2016 peace accord’s Ethnic Chapter is prioritized, and that peace is implemented in Chocó with a differentiated ethnic, gender, and disability approach. This commission should also incorporate the peace-related demands from various social movements that have formed in the department to petition the government. These include civic strikes (paro civicos) and Indigenous collective peaceful protest actions known as Mingas, all of which urge for the Ethnic Chapter’s comprehensive implementation.

2)  Closely monitor the implementation of the Territorially Focused Development Plans (PDETs)

The full and comprehensive implementation of the PDETs, a central commitment of the peace accord’s first chapter, can help transform the structural obstacles to consolidating peace in Colombia. For these plans to function as envisioned by the peace accord, international actors need to closely monitor and advocate for their implementation to help guarantee their advancement and to address complications that may arise. All proposals and projects related to the PDET Chocó must fully integrate an ethnic and gender approach and include the full participation of beneficiary communities. An ethnic approach does not mean superficially placing Afro-Colombian and Indigenous individuals in key positions; rather, only by integrating ethnic communities into all levels of participation and governance at the national level can the PDET truly address on-the-ground realities. As for implementing a gender approach, women and LGBT+ individuals from the territories must be included in the PDET as designers, implementers, and beneficiaries. Finally, the PDET must seek to activate local economies by supporting economic projects proposed by the community councils and the cabildos.  Supporting the projects designed by the communities themselves will transform the rural countryside and foment peacebuilding among receptor communities.

3)    Send resources directly to civil society organizations

At the moment, resource allocation is at the whim of who holds political office, which often results in alleged embezzlement practices. Civil society organizations have noted suspicious instances where funds are channeled to individuals who actively supported the political campaigns that elected those who hold political office. Therefore, to ensure resources and funds truly meet the needs of implementing the peace accord, international resources to support Colombia’s peace should be administered directly by communities in the Chocó who uphold the well-being of the community. This means empowering civil society organizations to administer resources. These organizations, made up of and elected by the communities themselves, have a wide breadth of experience working to solve the department’s challenges.  As such, they hold a deep understanding of the needs of the communities and are beholden to them. Directly allocating much-needed resources to these civil society organizations provides stronger guarantees of transparency and accountability, increasing the likelihood that the resources will be used as intended and preventing their diversion when changes, inevitable in a politicized local context, occur in municipal and departmental governments. 

4)   Help develop an alliance among victims, ex-combatants, and civil society to demand and monitor the peace accord’s implementation 

To advance peace accord implementation at the departmental level, a transformative pedagogy of peacebuilding is required. This strategy must move beyond its current emphasis on university professors and students. It should prioritize the participation of victims of the internal armed conflict, former combatants who are signatories of the peace accord, and diverse sectors of civil society like territorial leaders, social leaders, women, LGBT+ leaders, and youth representatives. 

These different sectors already exist in some form. However, they must unify their efforts by forming an alliance that advocates for the peace accord’s full implementation. For such an alliance to form, and for it to be effective, these sectors should join together in solidarity and ensure their communities understand what the peace accord stipulates and how they can demand the implementation of what the state is obligated to fulfill.  This alliance should carry out broad-based education campaigns about the stipulations of the peace accord and how state institutions, including the National Police and the judicial and legislative branches, can be used as tools to guarantee short- and long-term compliance to what was agreed to in the 2016 peace accord. 

5) Advocate for the Humanitarian Accord Now Chocó!

To sustain the 2016 peace accord and for it to be fully implemented, the other illegal groups operating in the region need to be addressed. The optimal solution would be for them to be addressed via a politically negotiated solution and/or disarmament. Since such solutions have not advanced in the past decade, Chocoan civil society is proposing that all armed groups support the humanitarian minimums found in the Humanitarian Accord Now Chocó!. This Accord seeks to place limits on the internal armed conflict and violence linked to illegal armed groups.  It guarantees better protection for civilians stuck in the middle of all these groups and respect for international humanitarian law. It is an effort by coalitions of local civil society organizations and religious entities to step in where the government has failed to ensure guarantees for the lives and physical integrity of civilians living in the area. Its intent is to minimize the impact of the conflict on civilians and to help pave the way for future and continuing dialogues. However, for such an accord to be realized it requires support from the international community, in particular the United States. 

Tags: Chocó, Human Rights, Illicit Crop Eradication, Security Deterioration, Transitional Justice, U.S. Policy

December 17, 2021

Patriarchy in Action: The Struggle to Center Women’s Experience in Colombia’s Armed Conflict

By: Yadira Sánchez-Esparza, Fall 2021 Mexico & Colombia Intern

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Photo by Ryan Brown via Flickr

Women accounted for a significant percentage of victims of the violence from Colombia’s armed conflict—an unequal distribution of pain and overall suffering. Even 40% of the FARC guerrillas ranks were women, yet they remained excluded from the initial negotiations that led to Colombia’s 2016 peace accord. This intentional silencing reflects a larger pattern of structural violence that existed prior to the armed conflict, which is taught in the home, reinforced in society, and ultimately legitimized by the state. Yet, despite this oppressive status quo, women in Colombia have been active participants in advocating for themselves, their communities, and the peace process by institutionalizing their respective emotions.

Women’s groups across Colombia are leading peacebuilding efforts to bring to light the disproportionate, gendered impact of the internal armed conflict’s violence. For instance, Colombian feminist organization Casa de la Mujerin collaboration with a series of other organizations, published their recent report entitled TruthIs: Politicizing Women’s Pain and Emotions. The report, filled with sobering testimonies and concerted recommendations by victims of gender-based violence, was submittedtothe Truth Commission—an entity that forms part of Colombia’s tripartite transitional justice system and is responsible for clarifying the truth of what occurred during Colombia’s decades-long internal armed conflict. Three of Colombia’s departments—Meta, Córdoba, and Cauca—have dedicated chapters in the report, as they are home to many Indigenous and Afro-descendants who were disproportionately affected by the conflict. With the report’s submission to the Truth Commission, these women’s groups are contributing to implementing the 2016 peace accord’s trailblazing gender provisions, urging they be used as mechanisms for justice.

Women and the Peace Process

Reports like TruthIs are possible because of the efforts placed forth to include a gender approach in the peace process. The inclusion of the peace accord’s innovative gender provisions was no easy feat. When peace negotiations began between the Colombian state and FARC guerrillas, women were not granted a seat at the table to participate and it took the intentional efforts of about 450 women’s organizations to push then-Colombian President Juan Manuel Santos to allow for two seats. In September 2014, a gender subcommittee was launched that included five members in total from the FARC and the government. But nonetheless, the gender provisions that resulted from the subcommittees’ contributions received significant pushback, mainly due to an opposition movement that labeled the recognition of LGBTQ+ and women rights as a “gender ideology”. This push came mainly from evangelical factions who sought to hinder advances in protecting different gender identities and sexual orientations. Unfortunately, this opposition movement succeeded in helping deter support to the peace accord and help the plebiscite fail, resulting in the “no” vote succeeding by a margin of less than 1 percent.

Despite these setbacks, women’s eventual integration allowed them to play an essential role in the delegations of victims, where women represented 60% of the members. This integration has led the Colombian government and the FARC to release statements that reflected positively on women’s rights, inclusivity, and diversity. The largest impact can be seen in legislation around sexual violence in which many agreements have a gender focus and sexual violence is listed as a crime that can not be amnestied under the accord. Essentially, the peace process without women is not adept to face the dynamic problems that face civil society and the Colombian government.

Women’s lives before the armed-conflict

The report brings attention to the continuum of violence that existed prior to the known inception of the armed conflict. The pre-established systems of oppression against women were deeply ingrained from interpersonal relations and into the larger structure of financial, economic, and physical oppression in Colombian society. The harmful ideology of machismo upholds and perpetuates a traditional expression of masculinity and femininity, which is simultaneously tied to a rigid gender binary in which women are inferior to men.

“Habia una buena relación, las mujeres eran sumisas porque el que mandaba era el marido”145

“There was a good relationship, the women were submissive because the husband was in charge “145

Beyond this, machismo minimizes and normalizes violence against women often becoming internalized in men and women. Throughout the interview process, women shared that they found their relationships to their spouses, families, and communities to be generally positive in terms of their quality of life. However, In the same recounting of events they would include anecdotes of violence within families, partners, and insecurity for women in general:

“En alugnas familias había conflictos ecónomicos y pasionales cuando un hombre cela a una mujer, también en las familias había maltrato y violencia…no dejaban salir a la mujer por celos y golpes” (145, TruthIs)

“In some families, there were economic conflicts and conflicts of passion when a man was jealous of a woman, in families, there was mistreatment and violence…they did not let the woman go out because of jealousy and beatings” (145, TruthIs).

Additionally, there was an extreme division of labor and enforced subordination in which women had no rights to education or entrepreneurship. This, in turn, would not only confirm the biases against women but limit women to vulnerable socio-economic situations. The intentional retraction of resources was a manifestation of how little value women held in Colombian society thus making it easier for perpetrators to dehumanize and enact intimate and familial violence on them. The TruthIs report provides insight that before the conflict these girls and women had already been reduced to public commodities instead of dignified humans. Sexual violence was already systematically being practiced by perpetrators who exploited the physical and bodily autonomy of women:

[…] “antes de llegar los paramilitares, los ricos compraban a las niñas, la gente que tenía plata compraba a las niñas a sus padres: dos, tres vacas; tres, cuatro, diez mil pesos por una niña, y entonces se la llevaban a vivir uno, dos meses, y ahí la dejaban y salían y compraban otra.” (Narrativa de líder de Córdoba-68).

[…] “before the paramilitaries arrived, the rich people bought girls, those who had money bought the girls from their parents: two, three cows or three, four, ten thousand pesos for a girl. They took her to live with them for one or two months. They would leave her there and go out and buy another one.” (Narrative of a leader from Córdoba-68)

Ultimately, the qualitative research provided in the report demonstrated the extent of the normalization of violence in communities that would later be appropriated by various armed actors to use women as pawns for dominance.

Women’s experiences in the armed conflict

The TruthIs report highlights that the larger struggle during the armed conflict is impossible to understand without understanding how women experienced gender-based violence, a reality supported by the Constitutional Court’s report that sexual violence was a ‘systematic, habitual and generalized practice’ appropriated by all armed groups in the Colombian conflict. Estimates include that armed groups were responsible for the rape of 12,809 women, the forced prostitution of 1,575, the forced pregnancies of 4,415 women, and the forced abortions of 1,810 women. Both the falsehood of security and the unstable security vanished leaving only extreme direct violence, a reality that became unavoidable from the youngest child to elderly mothers. This new milieu instilled fear that did not allow them to live their lives as they had before, new biopolitics was being forcibly instilled in communities across Colombia.

“Mi mamá no me hizo fiesta de quince porque decía que eso era darles aviso a los hombres armados de que ya se lo podían comer a uno.”36

“My mother didn’t throw me a quinceañera because she said that would be a warning to the armed men that they could have me. “36

The TruthIs report highlighted how Afro-descendant and Indigenous women were disproportionately impacted not only because of the regions in which they live but the many dimensions of discrimination that they face. And so, Colombia’s history with slavery and oppression of bodies continued to burden those who have historically been disregarded. Sexual violence was used to control and dominate physically, culturally, economically, and territory for the larger perceived purpose of the conflict. For example, guerrillas have used sexual violence in the forced recruitment of girls as combatants, girls as sex slaves, and as payment to protect other family members.

“Ya el pensamiento era de oder que la mujer conquistara al que tiene el poder…cuando empezaron a llegar los grupos armados, más que todo los paramilitares y los soldados…ya no se buscaba marido por amor sino alguien que nos protegiera”. 38

“The idea was that the woman should conquer the one in power…when the armed groups began to arrive, especially the paramilitaries and the soldiers…they were no longer looked for a husband for love, but for someone who would protect us. “38

State Security Forces’ have been distinctively damaging as the civilian population has no mechanism for justice. These militias’ essential position is to protect and support civilians’ rights to a life free of violence. However, as described by many victims, these entities often took advantage of the chaos to extend harm on vulnerable populations exercising violence against women on a mass scale. Unlike FARC or ELN groups targeted by the government, the State Security Forces were never held accountable for their actions since they operated as the rule of law in these sometimes remote areas. The impunity surrounding State Security Forces has protected many individuals and battalions from being held accountable for the crimes committed against their civilians.

The significance of a report like TruthIS being presented to the Truth Commission

  • It’s innovative, it highlights not only the perseverance of women’s resistance but how women in these communities utilized their pain and emotions to contribute to the peace process. This report refutes the machismo mindset, that normalizes victim-blaming, and minimizes the suffering of women instead highlighting how women can strengthen peacebuilding efforts.
  • It’s intentional, the report is taking advantage of the gender provisions in order to create a historical record nationally and internationally affirming the violence committed against women in the context of the armed conflict. It demonstrates how important it is for women to be integrated into the peacebuilding process since their participation also promotes gendered provisions. The regional focus on the Pacific Coast is to emphasize that Afro-descendant and Indigenous women were impacted in specific and targeted ways.
  • It’s an example, using testimony as an integral component in communicating the differentiated impact the internal conflict had on women. These individuals’ experiences centered on sexual and physical violence but also brought to light how women experienced forced disappearances, forced displacement, forced recruitment, and psychological trauma. The report also includes the experiences of trans individuals and those with different sexualities which as previously discussed are realities that are often overshadowed.

The struggle to end sexual violence continues

While this report is an exceptional demonstration of how far women’s engagement has come in terms of their healing, liberation, and role in the peace process, it can’t begin to entirely eclipse the intricacies of trauma that remains in the wake of the armed conflict. The recent webinar hosted by Oxfam, WOLA, and the Latin America Working Group provided space for women to share in their own words how they experienced violence and the intergenerational trauma felt in their families and communities. The sheer courage displayed moving and the overall message that the fear and continued instability are incredibly prevalent. The women shared a general desire for their daughters and sons to live in reality free of violence, a dream that seems almost unattainable in the current reality.

Presently, the Pacific Coast home to the Cauca and Cordóba departments continue to be disproportionately impacted by violence against women as the demobilization of guerrillas and the increase of militarization in areas previously abandoned by the state has maintained the armed conflict’s violence continuum as young women are still forced into armed prostitution and sexual abuse. Nationally, UN Women reported that 37% of women in Colombia will experience physical and/or sexual intimate partner violence at least once in their lifetime, and over 50% of Colombian men surveyed for a 2010 UN study admitted to abusing their female partners. This violence has continued to be exacerbated following COVID-19 the FISCALIA reported 60.581 cases of domestic violence across the country.

Women’s Resistance

The silencing of women’s voices and experiences has been constant before, during, and after Colombia’s armed conflict. However, new forms of advocacy and resistance have forced attention onto wounds that many responsible and complacent actors would rather ignore. Of these actors, the Colombian state should grant a public apology to victims of sexual violence experienced by girls, women, and those with different sexual orientations and gender identities. In addition, the international community should hold the Colombian state accountable for implementing the gender provisions of the 2016 Peace Accord that focus on women’s rights, gender, and their social and political participation. Ultimately, the resistance of female victims and community non-profits such as Casa de la Mujer is integral in pushing forward narratives deserving of public attention and justice. Therefore, defending and amplifying the voices and experiences of women that have endured Colombia’s armed conflict is not only a peace mechanism but an active step towards protecting women’s dignity and autonomy.

“Bueno yo pienso que al principio pues no éramos visibles, éramos invisibles para todo el mundo porque la mujer no se tenía en cuenta para nada, pero a raíz de todo lo que nos pasó yo creo que reaccionamos y dijimos que Dios nos dejó por algo, y yo pienso que tenemos que dejar una huella de bien en la comunidad, en la sociedad, en nuestra familia, que nos empoderemos en muchos espacios y en muchas cosas. Ver tantas mujeres asesinadas, desaparecidas y uno que ha logrado superar esas cosas es una razón para que otras mujeres vivan a través de nuestra experiencia, que se den cuenta [de] que sí vale la pena luchar y cambiar este país. Los grupos, fundaciones y todo eso nos ayudan a superarnos emocional y económicamente, y si lo hacemos unidas, mejor.” (Narrativa de mujer del Meta-143).

“Well, I think that at the beginning, we were not visible. We were invisible to everyone women were not taken into account at all. But as a result of everything that happened to us, I think we reacted, and we said that God left us for something, and I think that we have to leave a mark of good in the community, in society, in our families, and our world. We empower ourselves in many spaces and in many things. Seeing so many women murdered, disappeared, and even one woman who has managed to overcome these despite it all is a reason for all of us to overcome. It is a reason for other women to live despite our experiences, to realize so that they realize [that] it is worth fighting and changing this country. The groups, foundations, and all that help us overcome ourselves emotionally and economically and help us better ourselves emotionally and financially, and if we do it united, all the better.” (Narrative of a woman from Meta-143)

Tags: Gender Perspective, Human Rights, Transitional Justice, Victims

December 17, 2021

WOLA Report: A Long Way to Go: Implementing Colombia’s peace accord after five years

November 24 is the five-year anniversary of a landmark peace accord that ended a half a century of fighting in Colombia. While there are aspects worth celebrating, this is a far less happy anniversary than it promised to be.

The 2016 accord ended the most violent facet of a multi-front conflict that killed 260,000 people, left 80,000 more missing, and led to more than 9 million of Colombia’s 50 million people registering with the government as conflict victims. The months after November 2016 saw the disarmament and demobilization of the Revolutionary Armed Forces of Colombia (FARC), the largest guerrilla group, though smaller armed groups remain.

For a time after the FARC left the scene, battered rural areas notorious for violence and illicit drug production experienced a moment of calm. A historic window of opportunity opened for Colombia to break its recurrent cycles of violence.

Five years later, the window is closing. Implementing the peace accord has gone more poorly than anticipated. A new report from the Washington Office on Latin America, “A Long Way to Go,” examines the experience of the past five years, presenting a wealth of data about each of the 2016 accord’s six chapters. While there are some positive developments, WOLA finds, Colombia is well behind where it should be.

It was up to Colombia’s government to preserve the peace, by fully implementing the commitments it made in the ambitious 300-page accord. That document promised not just to end the FARC, but to undo the causes underlying more than a century of rural strife in Latin America’s third-largest country: unequal land tenure, crushing poverty, an absent government, and impunity for the powerful.

That hasn’t happened. Parts of Colombia’s government acted, but what they did wasn’t enough. Opponents of the accord came to power in August 2018 and allowed many commitments to languish, keeping investments well below the necessary tempo and encouraging skepticism through messaging that regularly disparages the agreement.

10 notable facts from “A Long Way to Go: Implementing Colombia’s peace accord after five years”
1. As of March 2021, Colombia was 29 percent of the way into the peace accord’s implementation timetable, but had spent just 15 percent of what implementation is expected to cost.
2. One third of the way into the implementation process, the PDETs—the vital plans to bring the government into historically conflictive areas—are only one-seventh funded, and that’s according to the most optimistic estimate.
3. A nationwide mapping of landholdings, expected to be complete by 2023, was only 15 percent done as of March 2021.
4. 2021 is on pace to be Colombia’s worst year for homicides since 2013, and worst year for massacres since 2011.
5. Analysts’ estimates coincide in finding significantly less than 10 percent of demobilized ex-FARC members taking up arms again. “Dissident” groups’ membership is mostly new recruits.
6. Estimates of the number of social leaders murdered in 2020 range from 133 to 310. But the justice system only managed 20 convictions of social leaders’ killers that year, while the Interior Minister argued that “more people die here from cell phone thefts than for being human rights defenders.”
7. Of coca-growing families who signed up for a “two-year” package of crop substitution assistance three or more years ago, just 1 percent had received a complete package of payments by the end of 2020.
8. If the transitional justice tribunal is correct, half of the Colombian military’s claimed combat killings between 2002 and 2008 may have been civilians whom soldiers executed and then falsely claimed were members of armed groups.
9. 20 of the transitional justice tribunal’s 38 magistrates are women. 4 of 11 Truth Commissioners are women.
10. Since accord implementation began in fiscal 2017, U.S. assistance to Colombia has totaled about US$3.1 billion, roughly half of it for the military and police.

Read the report

In historically conflictive territories all around the country, violence is on the rise again. New armed groups are quickly filling the vacuums of authority that the government would not or could not fill on its own. As massacres, displacements, and confrontations increase again, in too many regions—including many Afro-descendant and Indigenous communities—it no longer makes sense to speak of a “post-conflict.”

The “Long Way to Go” report walks through many of the most important commitments Colombia’s government made, evaluating the extent to which each is truly being implemented after five years. The discussion passes through 17 sections.

  • The first looks at the overall budget and use of resources, finding that Colombia is well behind where it should be after five years.
  • The next four cover commitments to Colombia’s countryside, like addressing land tenure, making rural economies viable, and improving security and governance. These commitments, too, are falling alarmingly behind: state presence has not been increasing, land tenure programs are struggling, and violence indicators are worsening.
  • The sixth, seventh, and tenth sections explore commitments to expand political participation and protect social leaders. Despite some important steps forward, the continued pace of attacks and killings and occasional government displays of indifference show how much remains to be done.
  • The eighth and ninth evaluate assistance and security for demobilized ex-combatants. Assistance efforts have been worthy, but security lags amid a low probability of killers being brought to justice
  • The remaining seven sections look at separate sets of commitments: crop substitution, transitional justice, inclusion of ethnic communities, the accords’ gender focus, laws that remain to be passed, verification mechanisms, and the U.S. government’s role. There are positive notes here, like the transitional justice system’s performance, useful external verification, and a more supportive tone from the Biden administration. For the most part, though, these seven sections sound alarms as ground continues to be lost.

Finally, WOLA’s new report explains why, despite the many setbacks documented here, this is absolutely not the time to give up on the peace accord and its promise. Instead, WOLA expects this five-year evaluation to motivate and inform the government that will take power after Colombia’s May 2022 elections, which will need to redouble implementation together with international partners.

Although many findings in “A Long Way to Go” are grim, the report also upholds the bright spots of the past five years. More than nine in ten demobilized guerrillas remain committed to the peace process. The special post-conflict justice system is functioning, earning recent praise from the International Criminal Court. Though beleaguered by threats and attacks, Colombia’s civil society and free press remain vibrant, and the country is headed into 2022 elections with a broad spectrum of candidates.

The window has not closed all the way. All is not lost yet. By taking the temperature of implementation at the five year mark in the most clear-eyed possible manner, WOLA hopes to contribute to Colombians’ effort to resume and rethink their fight to curb the conflict’s historic causes.

Tags: Coca, Human Rights, Implementation, Stabilization, U.S. Policy, WOLA Statements

November 24, 2021

Podcast: Colombia’s peace accord at five years

(Cross-posted from wola.org)

Colombia’s government and largest guerrilla group signed a historic peace accord on November 24, 2016. The government took on many commitments which, if implemented, could guide Colombia away from cycles of violence that its people have suffered, especially in the countryside, for over a century.

Five years later, is the peace accord being implemented? The picture is complicated: the FARC remain demobilized and a transitional justice system is making real progress. But the countryside remains violent and ungoverned, and crucial peace accord commitments are going unmet. WOLA Director for the Andes Gimena Sánchez joins host Adam Isacson for a walk through which aspects of accord implementation are going well, and which are urgently not.

Download the episode (.mp3)

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: Human Rights, Implementation, Podcast

November 24, 2021

Recommendations from the Black, Afro-Colombian, Palenquero, and Raizal People’s 2021 Summit

On October 21 and 22, 2021, representatives from five macro regions in Colombia held the Black, Afro-Colombian, Palenquero and Raizal People’s Summit in Santiago de Cali, Valle del Cauca department. They engaged in collaborative work and analysis to advance their common objectives at a time when their communities and territories face serious challenges. These challenges stem from a historical and systematic marginalization; the resurgence of armed conflict and widespread violence, forced internal displacement, and dispossession of their territories and natural resources; the COVID-19 pandemic; and Colombia’s national strike, which brought to light the severity of these ongoing situations.

The summit resulted in a concerted set of recommendations that urge for the comprehensive implementation of the 2016 peace accord and its Ethnic Chapter, the active enforcement of the Afro-Colombian collective land ownership Law 70 of 1993, the declaration of humanitarian emergencies in Afro-descendant territories, the need to promote economic reactivation targeted towards Black communities, a protection strategy that focuses on social investment, among other key issues.

In view of the absence of high-level government officials at the summit, members plan to go to Bogotá to deliver these demands and recommendations personally to President Iván Duque.

You can read unofficial, English-language translations of the recommendations here and here.

Tags: Afro-Descendant Communities, Displacement, Human Rights, Security Deterioration

November 1, 2021

17 U.S. Civil Society Organizations Urge Secretary Blinken to Prioritize Peace and Human Rights in Colombia

(Andrew Caballero-Reynolds/Pool via AP)

On October 18, the Washington Office on Latin America (WOLA), alongside 16 other U.S. civil society organizations, sent a letter to U.S. Secretary of State Antony Blinken urging him to use his travel to Colombia as an opportunity to press the Colombian government for progress on peace accord implementation, among other critical human rights matters. Secretary Blinken is set to travel to Bogotá on October 20, where he will meet with President Iván Duque and Vice President-Foreign Minister Marta Lucía Ramírez, co-lead a migration ministerial, open the U.S.-Colombia High-Level Dialogue, engage in a conversation on democracy and human rights with youth leaders and civic activists, and participate in an event about tackling the climate crisis.

The letter expresses disappointment with the Biden administration’s position on Colombia-related matters thus far. They encourage Secretary Blinken to “avoid public statements that praise the U.S.-Colombia partnership while skirting over the deeply disturbing patterns of human rights violations that should be a major focus of U.S. concern and diplomacy.” These matters of concern include the serious problems of police brutality and racial injustice, addressing the needs of low-income and landless farmers, improving the dire situation of social leaders, advancing ethnic rights, and fully and comprehensively implementing the historic 2016 peace accord. The organizations provide detailed recommendations that should guide the State Department’s foreign policy on and engagement with Colombia.

Read the full letter here.

Tags: Human Rights, U.S. Policy

October 18, 2021

August 26, 2021

Former president Álvaro Uribe, the country’s most vocal opponent of the 2016 peace accord with the FARC guerrilla group, met at one of his ranches on August 15 with the president of the Truth Commission created by that accord, Fr. Francisco de Roux, along with two other commissioners. Uribe, who faces questions about human rights abuses committed during his time as governor of Antioquia (1995-1997) and president (2002-2008), spoke at great length during the meeting, with little pushback from the commissioners.

The ex-president surprised many by calling for an amnesty for human rights and other crimes committed during the armed conflict. “Perhaps this country will need a general amnesty, almost a clean slate,” he told Fr. de Roux. This would appear to contradict one of Uribe’s many criticisms of the peace accord: that, in his view, it confers “impunity” on ex-guerrillas who (along with military personnel) will receive light sentences if they make full confessions and reparations.

On August 26 Uribe presented a draft amnesty law to legislators of his Centro Democrático party, a bill “to overcome judicial asymmetries and asymmetries in access to government employment.” Under the proposal, those accused of conflict-related crimes would receive a full amnesty if they ask forgiveness, recognize what they did “or, failing that, contribute to the truth, without this implying self-incrimination.”

Members of the military would be released from prison and allowed to hold office. A new chamber of the post-conflict transitional justice tribunal (Special Jurisdiction for Peace, or JEP) would be set up to judge military personnel separately. Anyone who in the past has investigated, denounced, or made public statements about these military human rights crimes would be disqualified from serving as a judge in that chamber.

Uribe’s proposal makes no distinction between commanders and subordinates involved in past crimes. He would not amnesty people accused of “war crimes, crimes against humanity, or public corruption.” The current list of non-amnistiable crimes that must go before the JEP, however, is longer and more specific: “War crimes, crimes against humanity, extrajudicial executions, child recruitment, rape and other forms of sexual violence, genocide, hostage taking or other serious deprivation of liberty, torture, enforced disappearance, child abduction, and forced displacement.”

“Let’s not talk about general amnesty, let’s talk about amnesty as a strong word to generate a national debate and look for a solution,” Uribe said last week. A national debate is very much underway, as the ex-president’s proposal has generated strong reactions.

“People can’t be ‘washing their faces’ with total amnesties, this will not happen as long as I am prosecutor, I will not allow this to go forward,” said the prosecutor-general (fiscal general), Francisco Barbosa, who is close to President Iván Duque, who in turn is a member of Uribe’s party.

The lead government negotiators in the 2012-16 talks that led to the FARC peace accord issued a 12-point document rejecting Uribe’s proposal. Humberto de la Calle and Sergio Jaramillo argue that it “would undermine the investigation and prosecution of those most responsible for serious violations, and victims’ rights to truth, justice and reparation.” They recalled having to explain to the FARC negotiators in Havana, “in January 2015, one of the most difficult moments in almost five years of negotiations,” that Colombia’s international commitments (the 2002 Rome Statute, the Inter-American human rights system) prohibited amnesties.

Were Uribe’s proposal to go into effect, the former negotiators add, “the first victims, in addition to the conflict victims of course, would be the members of the armed forces and other agents of the state who are currently participating in the transitional process and who will see their legal security disappear.” Notes Gustavo Gallón of the Colombian Commission of Jurists, “His [Uribe’s] argument is that they [the military] must not be equated with guerrillas. But it is the crimes they have committed that make them equal. In addition, in his effort to favor them, he would do them harm: the [peace] agreement and the JEP are more lenient than the ordinary justice system, in theory.”

Álvaro Uribe faces human rights questions ranging from many political associates’ sponsorship of paramilitary groups, to those groups’ rapid growth during his tenure as governor, to the military’s killings of several thousand civilians during his presidency (discussed in the next section). Jaramillo, the former negotiator—who served as vice-minister of defense under Uribe—told Colombia’s Blu Radio that Uribe “has long been seeking a general amnesty and a clean slate. This is something that has been on his mind for a long time and he will continue to insist on it.”

Tags: Human Rights, JEP, Politics of Peace, Transitional Justice

August 26, 2021

August 26, 2021

On August 26, four months after the April 28 launch of protests that went on for several weeks, several thousand protesters took to the streets of Bogotá, Cali, and a few other cities. The day was mostly peaceful, according to the National Police.

Fallout continues, however, from the Paro Nacional protests of April through June, when some protesters caused property damage and an often vicious police response killed 43 people, according to the NGO Temblores, while dozens more remain disappeared. While victims continue to seek justice, the authorities have been quietly cracking down on people whom they believe to have played leading roles in protest-related disorder, often charging them with “terrorism.”

  • An El Espectador analysis detailed several cases of very likely killings of civilians at the hands of police in Cali, none of which has been investigated.
  • Police have now captured 165 people they allege to have been leaders of the “Primera Línea”—young people who occupied the “front line” of protests—in several cities. Many face terrorism charges.
  • Among them is Juan Fernando Torres, a 25-year-old Medellín primary school teacher who became known as “El Narrador” because he documented protests, and confrontations with police, on video, posting them to his social media accounts. While the videos record him shouting rude epithets at the police, they do not appear to show Torres taking part in violence. Nonetheless, at 5:00 in the morning of July 29, police broke down his door and took him away while his family looked on.
  • A well-known student protest leader in Popayán, Estéban Mosquera, who had lost an eye to a tear-gas canister shot by a riot policeman during a 2018 protest, was shot to death on August 23 by two men on a motorcycle.
  • Thirty social leaders, human rights defenders, and former combatants in Tolima department say they have received death threats during the past seven weeks. Some say the threats began to escalate after the Paro Nacional began.
  • Relatives of people killed by police during earlier protests—after a September 9, 2020 episode of police brutality in Bogotá—say that they are receiving death threats and experiencing aggressive behavior from police in their neighborhoods. “In an intimidating message, in which several relatives of September 9 victims were mentioned, a person implied that he has already identified the people involved in the commemorative acts and, in addition, left a sentence via text message: ‘let’s see if you want the game to start, we will gladly start.’ The message dates to August 3.”
  • In a bit of encouraging news, the Constitutional Court ruled that the military justice system does not have jurisdiction over the May 1, 2021 police killing of protester Santiago Murillo in Ibagué, Tolima. The Court found no evidence that the accused policeman, Maj. Jorge Mario Molano, fired his weapon in self-defense or to protect anyone else. His case will be tried in the regular civilian criminal justice system.
  • As Colombia’s national debate over police reform continues, the Ideas for Peace Foundation and the Friedrich Ebert Foundation in Colombia released a report, based on inputs from 11 experts, about what obstacles stand in the way of meaningful reform to Colombia’s National Police force. The report highlights the need for civilian leadership of reform and of citizen security policymaking, which in turn requires a larger number of civilians educated and trained in the field.

Tags: Human Rights, police brutality, Political Participation, Victims

August 26, 2021

August 25, 2021

Colombia’s Prosecutor-General’s Office (Fiscalía) is seeking to indict retired Gen. Mario Montoya, commander of the Army between 2006 and 2008, for his role in the military’s so-called “false positive” killings during the armed conflict. A hearing took place on August 25 before a Bogotá judge who will decide on August 30 whether Montoya may be indicted.

If Judge Fabio Bernal gives a green light, Montoya will be the highest-ranking military figure to face justice for these killings in the civilian criminal justice system. He could also become the first person with a case before both the post-conflict transitional justice system (JEP) and the regular criminal justice system. What that means is not entirely clear.

The term “false positives” refers to soldiers, apparently under heavy pressure to produce results measured in body counts, killing several thousand civilians and falsely presenting the murders as combat deaths. The JEP has estimated that as many as 6,402 false positive killings took place just between 2002 and 2008, Álvaro Uribe’s first seven years in office. If accurate, that number would be equivalent to about half of the 12,908 armed-group members whom Colombia’s Defense Ministry claimed to have killed during those years.

Gen. Mario Montoya was a key figure during this period. A U.S.-trained officer, he commanded the “Joint Task Force South” that carried out U.S.-backed counter-drug operations during the first years of “Plan Colombia” in the early 2000s. He went on to command the Army during the height of the Uribe government’s anti-guerrilla offensive, including the triumphant July 2008 rescue of 15 FARC hostages known as “Operation Jaque.” (“As their bonds were cut free, the former hostages were quietly told that the Colombian Army had just freed them,” reads an account of the rescue. “Then, the recovery team began to chant, ‘Uribe! Uribe! Uribe!’ followed quickly by ‘Montoya! Montoya! Montoya!’”)

Just a few months later, in November 2008, Gen. Montoya was forced to resign. The triggering event was the revelation that 22 men who disappeared from the poor Bogotá suburb of Soacha had turned up dead hundreds of miles away, in Ocaña, Norte de Santander. The men had been lured with offers of employment, taken away and killed, only to be presented as armed-group members killed in combat. The Soacha case capped years of human rights groups’ denunciations—long denied by the Uribe government—that the military had been falsifying combat kill totals by murdering civilians.

Gen. Montoya has been under a cloud ever since, and in 2018 he agreed to have his case heard in the JEP. The transitional justice court is approaching “false positives” in a bottom-up fashion, starting with some of the most serious cases and working toward top commanders. That means it could be some time before the transitional justice court indicts Montoya, if it finds enough evidence to do so.

While Montoya has appeared before the tribunal, so far he has denied any responsibility for the killings. In an early 2020 appearance, the general sparked outrage by blaming soldiers from poor backgrounds: “those kids didn’t even know how to use forks and knives or how to go to the bathroom.”

The JEP is looking into whether commanders like Montoya created a climate, and set of incentives, that encouraged officers to rack up large body counts even if it meant killing non-combatants—and whether the commanders knew that so many combat kills were falsified. The Fiscalía is more specifically seeking to charge Montoya with responsibility for 104 killings, including 5 children, that took place in 2007 and 2008. That is the period after the issuance of a military directive to prioritize guerrilla demobilizations and captures over killings, which the Fiscalía contends that Montoya ignored.

He “allegedly pressured all division, brigade and battalion chiefs to follow a different strategy that reportedly rewarded and awarded decorations to commanders and groups that reported deaths,” according to the prosecutor’s office. “Commanders of his subordinate units knew that Montoya did not ask for (but) demanded combat kills.” A soldier who says he was kicked out of the force for disobeying these orders claimed that Montoya demanded “rivers of blood,” a phrase the General denies using.

Colombia’s civilian criminal justice system could have acted on the allegations against him at any time since 2008. In fact, as El Espectador explains, “a process against Montoya for false positives committed under his command was announced in 2016. The proceedings were suspended and then, with the arrival of Néstor Humberto Martínez at the Fiscalía [a chief prosecutor with little interest in military prosecutions] and the signing of the Peace Accord, it was left in limbo.”

Martínez’s successor, Francisco Barbosa, announced his intent to revive Gen. Montoya’s indictment on August 12. In the regular criminal justice system, the General could face up to 50 to 60 years in prison if found guilty. Montoya’s case is principally before the JEP, though, where he would face 5 to 8 years of “restricted liberty” if he admits to crimes and provides reparations, or up to 20 years in regular prison if he refuses to admit responsibility but is found guilty.

Colombia is still working out what it means to have two parallel justice systems considering war crimes. In 2018, the Constitutional Court ruled that prosecutors in the regular justice system could continue investigating crimes in parallel. In 2019, the prosecutor in Montoya’s case decided that this meant the general could be investigated, but not indicted, while his case remained before the JEP. Barbosa, the current chief prosecutor, later altered that interpretation, claiming that he had the power to indict Montoya—though the case could not go to trial in the regular justice system.

Gen. Montoya’s lawyers dispute that. So does the government’s internal affairs branch, the Procuraduría, which argues that the JEP has primacy because Montoya has agreed to have his case heard there and has attended all his hearings.

In any case, an indictment without a trial is largely symbolic. Still, the Fiscalía cites declarations from JEP officials who have supported its ability to continue investigating. Lawyers representing victims of false positives have also been supportive: Sebastián Escobar of the José Alvear Restrepo Lawyers’ Collective told El Espectador, “it has been the JEP itself that has insistently asked the Fiscalía not to abandon the investigations, but to continue them until they are completed.” Germán Romero, an attorney who represents 12 false positive victims, added, “This is a real and concrete investigation… it is impossible and it could be understood as a substantial affectation to the rights of the victims if this indictment doesn’t happen.”

Some Colombian legal experts, though, are concerned and wonder why the Fiscalía is acting now. While the regular justice system’s prosecutors may continue investigating military and police officials’ alleged crimes, they “cannot rule on their responsibility since that decision corresponds to the JEP,” writes Rodrigo Uprimny, co-founder of the DeJusticia think tank. “The Fiscalía cannot charge them, which is an attribution of responsibility, but must refer those investigations to the JEP.”

Uprimny, writing in El Espectador, wonders what Fiscal Barbosa may actually have in mind with an indictment in the Gen. Montoya case.

Its basis is bizarre and could have very serious implications. According to Barbosa, Montoya is being charged because he continued to demand combat kills after November 2007, disobeying Directive 300-28 of that date, which prioritized demobilizations and captures over casualties. That is why the Fiscalía will charge him with “only” 104 executions that occurred after that directive, when there were thousands of false positives in previous years and Montoya was already commander of the Army and demanded casualties.

Does this mean, then, that for Barbosa the thousands of false positives perpetrated when the previous directive was in force, which favored casualties, do not involve any responsibility of senior officers, even though they demanded casualties at all costs as an operational result? If that is so, who should answer for those false positives perpetrated in previous years? Only the soldiers who perpetrated them, but not those who incited those deaths because they were following a directive? And what responsibility, then, according to Barbosa, is incumbent on those who drafted and promoted the previous directive?

We will know more after the judge rules on May 30. Meanwhile, human rights organizations are calling on the JEP to eject another retired senior military officer, former Col. Publio Hernán Mejía. One of the Colombian Army’s most highly decorated officers, Col. Mejía was sentenced to 14 years in prison for conspiring with paramilitaries and involvement in false positive killings. He was released when he moved his case to the JEP, but has been uncooperative and has been making very aggressive statements on Twitter and considering a far-right run for the presidency next year.

Tags: Civil-Military Relations, Human Rights, Justice System, Military and Human Rights, Transitional Justice

August 25, 2021

July 1, 2021

On July 1, the House of Representatives’ Appropriations Committee, by a 32-25 vote, approved its version of the “State, Foreign Operations, and Related Programs” appropriation—that is, the foreign aid bill—for fiscal 2022. It would provide $62.2 billion for diplomacy and assistance worldwide, a 12 percent increase over 2021 levels.

The House bill, which tends to reflect the priorities of the chamber’s Democratic Party majority, would provide Colombia with $461.375 million in assistance during 2022, about $7.5 million more than the Biden administration requested and identical to the amount in the 2021 appropriation. This does not count $2.5 million for the UN High Commissioner for Human Rights’ office in Colombia, an unspecified amount to assist the Venezuelan migrant population in Colombia, and an unspecified amount of military and police assistance through Defense budget accounts (which totaled $55.4 million in 2019, according to the Congressional Research Service).

We estimate that 51 percent of U.S. assistance would go through accounts that provide economic and civilian institution-building aid, 18 percent would go through accounts that provide military and police aid, and 31 percent would go through accounts that might pay for both types of aid. So unlike the “Plan Colombia” period, aid to Colombia would be less than half military and police assistance. Economic aid, the Committee’s narrative report accompanying the bill specifies,

should include support for the presence of civilian government institutions in former conflict zones; the reintegration of ex-combatants; the development and basic needs of war-torn areas; civil society organizations that promote truth, justice, and reconciliation; advocacy for victims’ rights; protection of human rights defenders; verification of peace accord implementation; civic education for a culture of peace; and comprehensive rural development that advances the agrarian chapters of the peace accords.

View this table as a Google spreadsheet

As in past years, the bill includes human rights conditions: language holding up a portion of military aid until the State Department certifies that Colombia is doing more to hold accountable human rights violators, protect social leaders, and protect Afro-descendant and Indigenous communities. In recent years, these conditions held up 20 percent of aid through Foreign Military Financing (FMF), a program of mostly military aid that has usually provided about $38 million per year.

The 2022 House bill makes an important change to the conditions: applying them to police assistance as well. The amount held up pending certification would increase from 20 to 30 percent, and the conditions would apply not just to FMF but to International Narcotics Control and Law Enforcement (INCLE), a much larger State Department-run program that is the largest source of aid to Colombia’s National Police. If this language appears in the final bill, it would be the first time in many years that human rights conditions would apply to police aid. The change is a result of mounting evidence of human rights abuses committed by police in the context of social protests in November 2019, September 2020, and since April 28, 2021.

Now that it is out of committee, the 2022 foreign aid bill will go to the full House of Representatives, which may approve it before the August congressional recess. The Senate, whose Appropriations Committee is evenly split between 15 Democrats and 15 Republicans, will probably consider its version of the bill in September, though it’s possible it could begin work in late July. Once the House and Senate pass their versions, they must reconcile differences in the two bills, approve the final product, and send it to the President. The U.S. government’s 2022 fiscal year starts on October 1, 2021.

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

July 1, 2021

July 1, 2021

The Special Jurisdiction for Peace (JEP, the transitional justice tribunal set up by the 2016 peace accord) issued a report on July 1 warning that the Paro Nacional protests, and the government’s response, have affected the work of the post-conflict justice and truth system.

“The situation is worrying, since between April 28 and May 30, 2021, armed conflict events and affectations of civilians increased in 111 municipalities of interest for the Comprehensive System for Peace,” the JEP states. In those municipalities of interest, it has counted 13 conflict events and 89 “affectations,” way up from an average of 18 affectations during the same period in 2017-20. “This is evidenced by an increase in death threats, homicides of former FARC-EP combatants, and massive events of forced displacement.” The JEP also notes a sharp increase, in the context of the protests, of “groups of armed civilians” carrying out violence against protesters.

It adds new and troubling statistics: “Colombia has been the country with the second highest rate of violent deaths per day of protest in the world (one death every 36 hours), and the 2021 national strike has the highest number of violent deaths of people who have participated in social protest scenarios in the last 44 years [in Colombia].”

As of June 28, the NGOs Temblores and Indepaz, which have closely monitored human rights abuses in the context of the protests, counted:

  • 75 killings in the framework of the national strike, of which 44 were allegedly committed by the security forces. Through June 26, Temblores reported that “13 are in the process of clarifying whether the alleged perpetrator was a member of the security forces,” and that “4 are attributable to armed civilians in which there are indications of possible involvement of members of the security forces.” A June 30 communiqué to the UN Human Rights Council from over 300 worldwide NGOs cites different numbers: “83 homicides have been reported, including at least 27 civilians killed by ordinary and riot police.”
  • The communiqué from 300 NGOs cites a large number of missing or disappeared people: “327 people are still unaccounted for, with the authorities denying that about half of these disappearances ever took place.”
  • 83 victims of “ocular violence”—damage to protesters’ eyes, usually by fired projectiles.
  • 28 victims of sexual violence. As of June 26, Temblores also reported 9 victims of gender-based violence.

58 of the 75 killings occurred in the southwestern department of Valle del Cauca; that department’s capital is Cali, where 43 of the killings occurred.

An ongoing series at El Espectador is producing biographical profiles of some of those killed in the protests. “Most of them went out to demonstrate, and in response to their discontent they were met with bullets.”

As of July 2, Colombia’s National Police counted 3 of its members killed and 1,548 injured. It added that investigations of police personnel were underway for 16 cases of possible homicide, 40 cases of physical aggression, and 105 cases of abuse of authority. On 8,783 occasions in the context of protests, police had carried out “transfers for protection,” a controversial form of short-term custody of up to 12 hours, usually without charges, foreseen in Colombia’s 2016 police law. While being “transferred,” human rights groups claim that those in custody suffer abuse or are held in inappropriate locations.

Tags: Human Rights, police brutality, Political Participation

July 1, 2021

June 30, 2021

Colombia’s Paro Nacional protests have largely subsided, though concentrations persist in neighborhoods in Bogotá, Cali, and elsewhere. Ahead of the July 20 launch of a new congressional session, President Duque is telegraphing that his administration plans to introduce an “anti-disturbances and anti-vandalism” bill in that legislature.

The law would increase prison sentences for vandalism, blocking roads, or attacking police, all of which are currently offenses under Colombian law. The law “already includes jail sentences of around eight years for obstructing public highways, violence against public servants and property,” Reuters reported.

Duque called for the new law at a June 30 promotion ceremony for the chief of Colombia’s embattled National Police, Gen. Jorge Luis Vargas, who received his fourth star. Such a law is needed, he told the mostly police audience, “so that those who promote these practices do not try to get away with circumventing the rights of Colombians with impunity.” He called for a “clear and responsible” discussion of “what peaceful protest is and should be.” While he noted that most protest has been peaceful, there are many “vandals.”

Duque cited what happened to Camilo Vélez Martínez, a motorcyclist killed on June 25 when protesters stretched a cable across a street in southwest Bogotá. A protest leader in northwest Bogotá admitted to El Espectador’s Mónica Rivera that episodes like this point to a loss of discipline as public concentrations persist. “What we have seen is that they are infiltrating us and, unfortunately, it is very difficult to control the people. We control the compas, those who are with us, but we still have people who come to disturb the scene and then leave and go away.”

The political opposition saw in Duque’s statements an anti-democratic call to criminalize protest. “President Iván Duque announces an ’anti-riot law’ to legally shield the violent repression of young people,” said Green Party Senator Antonio Sanguino. “Duque suffers from a serious mental and cognitive problem of connection with reality.”

The proposal comes at a time when opposition analysts like Laura Gil, director of La Línea del Medio, warn of increasing concentration of power in the executive branch. “The unthinkable is becoming a reality: the formal breaking of the rules of the game,” Gil writes. In that context, there is reluctance to give Duque’s governing Centro Democrático party greater power to decide who is a peaceful protester and who is a “vandal.”

Tags: Human Rights, Political Participation

June 30, 2021

Police Violence in Colombia is Unacceptable, U.S. Policymakers Must Take Action

Protesters, one with a sign that reads in Spanish “No to tax reform” march during a national strike against government-proposed tax reform in Bogota, Colombia, Wednesday, April 28, 2021. (AP Photo/Fernando Vergara)

(Cross-posted from wola.org) // Versión en español

Since April 28, thousands of people throughout Colombia have exercised their right to protest—triggered by a controversial, government-proposed tax reform plan—and have been met with unacceptable violence by members of the Colombian National Police (Policía Nacional de Colombia). The Washington Office on Latin America (WOLA) is pleased to learn that President Iván Duque has withdrawn the plan, which would have placed a severe burden on the middle class through regressive sales taxes. The legislation’s withdrawal provides the country with an opportunity to build a consensus on ways to address the country’s fiscal gap, without deepening inequalities that were further exacerbated by the pandemic. It is also a victory for the many Colombians who exerted their right to protest in order to guarantee democratic governance in Colombia. Such widespread, multisectoral, and regional protests were extremely rare before Colombia’s historic 2016 peace accord.

Despite this victory, WOLA condemns the disproportionate use of force employed by the anti-riot police (Escuadrón Móvil Antidisturbios, ESMAD) and other police units against protestors, as well as the hostile words of high-level officials and influential politicians. Many of these public figures reacted to the protests in ways that escalated violence, stigmatized protesters, and served a larger anti-peace accord agenda, for instance by attacking the Special Jurisdiction for Peace (Jurisdicción Especial para la Paz, JEP). 

In light of these events, which have left dozens of people killed or injured, WOLA calls on the Biden administration and U.S. Congress to condemn police excesses, distance the United States from officials’ inflammatory rhetoric, and insist that the Colombian government reform the ESMAD and hold accountable those who violated human rights since the protests began on April 28. 

On that day, Colombian civil society initiated national protests against a presidential tax reform proposal erroneously titled the “sustainable solidarity law,” (ley de solidaridad sostenible). Divisions existed among multiple social movements whether to proceed with protests in the midst of a grim wave of the pandemic. Ultimately, the government’s brazen efforts to squash the right to protest emboldened thousands of people to take to the streets throughout the country. The police responded repressively using a disproportionate, and in several instances lethal, use of force, with the justification that it acted to restore order and stop looting. According to data compiled by the Defend the Life Campaign (Campana para defender la vida), so far, public security forces are responsible for 21 homicides, several whom were youth; 208 wounded individuals, including 18 cases of serious ocular injuries; 42 aggressions and abuses committed against human rights defenders and journalists; 10 cases of sexual assaults against women; and 503 mostly arbitrary detentions.

The police’s response was particularly brutal in Cali, Valle del Cauca department, where at least 10 individuals were killed by police on Friday, April 30. The Minister of Defense Diego Molano’s problematic tweets equating the Minga, an Indigenous collective peaceful protest action, with terrorists, and former President Álvaro Uribe’s tweets defending police use of firearms against protestors—later removed by Twitter for violating community guidelines that prohibit glorifying violence—fueled the repression against protestors. On Saturday May 1, President Duque announced he would deploy troops into several cities, a move rejected by the Mayors of Bogotá, Medellín and Cali. Given the tax reform’s retraction, we expect militarization will not take place but the announcement itself was concerning as soldiers are trained for combat, not for distinguishing between peaceful protesters and rioters.

The police response to country-wide protests in November 2019, September 2020, and April-May 2021 force us to reexamine the need to apply stronger human rights protections to U.S. assistance that benefit the Colombian National Police. The ESMAD must not receive U.S. assistance, as it has an egregious record of committing gross violations of human rights with impunity. Any assistance to the ESMAD probably is a violation of the Leahy Law—which prohibits U.S. funding to security forces implicated in human rights violations—and should remain so. WOLA strongly recommends that sales of crowd control materials to Colombia be suspended  pending evidence of stricter adherence to proper procedures for de-escalation and use of lethal and non-lethal force.


La violencia policial en Colombia es inadmisible, los legisladores estadounidenses deben tomar medidas

Desde el 28 de abril, miles de personas en toda Colombia han ejercido su derecho a la protesta, provocada por una controvertida reforma tributaria propuesta por el gobierno. Pero estos manifestantes han sido recibidos con una violencia inadmisible por parte de los miembros de la Policía Nacional de Colombia. La Oficina en Washington para Asuntos Latinoamericanos (WOLA) se complace en saber que el presidente Iván Duque ha retirado la propuesta, que habría supuesto una grave carga para la clase media a través de impuestos regresivos sobre las ventas. El retiro de la legislación le da al país la oportunidad de lograr un consenso sobre las formas de abordar la brecha fiscal del país, sin profundizar las desigualdades que fueron exacerbadas por la pandemia. También representa una victoria para los muchos colombianos que ejercieron su derecho a la protesta para garantizar la gobernabilidad democrática en Colombia. Tales protestas a gran escala, multisectoriales y regionales, eran muy poco comunes antes de los históricos Acuerdos de Paz de 2016 en Colombia.

A pesar de esta victoria, WOLA condena el uso desproporcionado de la fuerza utilizado contra los manifestantes por el Escuadrón Móvil Antidisturbios (ESMAD) y otras unidades policiales, así como las declaraciones hostiles de altos funcionarios y políticos influyentes. Muchas de estas figuras públicas reaccionaron a las protestas agravando la violencia, estigmatizando a los manifestantes y sirviendo a una agenda más amplia contra los Acuerdos de Paz, por ejemplo, atacando a la Jurisdicción Especial para la Paz (JEP).

Ante estos hechos, que han dejado decenas de muertos y heridos, WOLA pide al gobierno de Biden y al Congreso de Estados Unidos que condenar los excesos policiales, distanciar a Estados Unidos de la retórica incendiaria de los funcionarios, y exigir al gobierno colombiano reformar el ESMAD y que responsabilizar a quienes han violado los derechos humanos desde el inicio de las protestas el 28 de abril.

Ese día, la sociedad civil colombiana inició protestas nacionales contra una propuesta de reforma tributaria presidencial erróneamente titulada “ley de solidaridad sostenible.” Con divisiones entre múltiples movimientos sociales sobre si las protestas se debían realizar en medio de una grave ola de pandemia, al final, los esfuerzos flagrantes del gobierno por aplastar el derecho a la protesta impulsaron a miles de personas a salir a las calles en todo el país. La policía respondió de forma represiva haciendo un uso desproporcionado, y en varios casos letal, de la fuerza, con la justificación de que actuaba para restablecer el orden y detener los saqueos. Según datos recopilados por la Campaña para Defender la Vida, hasta el momento las fuerzas de seguridad pública son responsables de 21 homicidios, varios de los cuales eran jóvenes; 208 personas heridas, incluidos 18 casos de lesiones oculares graves; 42 agresiones y abusos cometidos contra defensores de los derechos humanos y periodistas; 10 casos de agresiones sexuales contra mujeres; y 503 detenciones, en su mayoría arbitrarias.

La respuesta de la policía fue particularmente brutal en Cali, Valle del Cauca, donde el viernes 30 de abril al menos 10 personas fueron asesinadas por la policía. Los problemáticos tuits del ministro de Defensa, Diego Molano, en los que igualaba a la Minga, una acción de protesta colectiva indígena pacífica, con ser terroristas, y los tuits del expresidente Álvaro Uribe, eliminados posteriormente por Twitter por violar las políticas de la comunidad que prohíben glorificar la violencia, en los que defendía el uso de armas de fuego por parte de la policía contra los manifestantes, alimentaron la represión contra estos. El sábado 1 de mayo, el presidente Duque anunció que desplegaría tropas en varias ciudades, una medida que fue rechazada por los alcaldes de Bogotá, Medellín y Cali. Dada la retracción de la reforma tributaria, esperamos que la militarización no tome lugar, pero el anuncio en sí es preocupante, ya que los soldados están entrenados para combatir, y no para distinguir entre manifestantes pacíficos y agitadores.

La respuesta de la policía a las protestas que tomaron lugar en todo el país en noviembre de 2019, septiembre de 2020, y abril a mayo de 2021, nos obligan a reexaminar la necesidad de mayor rigurosidad en condicionar a la protección de derechos humanos, la asistencia estadounidense que beneficia a la Policía Nacional de Colombia. El ESMAD no debe recibir asistencia de Estados Unidos, ya que tiene un historial atroz de cometer graves violaciones de los derechos humanos con impunidad. Cualquier ayuda al ESMAD probablemente sea y deberá seguir siendo considerada una violación de la Ley Leahy, la cual prohíbe la financiación estadounidense a fuerzas de seguridad implicadas en violaciones de derechos humanos. WOLA recomienda firmemente que se suspenda la venta de materiales antidisturbios a Colombia hasta que se demuestre una adhesión más estricta a los procedimientos adecuados para la desescalada y el uso de la fuerza letal y no letal.

Tags: Human Rights, police brutality, U.S. Policy

May 3, 2021