Tag: Military and Human Rights

Power Rivalries Put Pressure on Colombia’s Peace Treaty

By: Mariano Aguirre, WOLA Board Member
(Cross-posted from chathamhouse.org)
(Versión en español disponible en esglobal.org)

The creation of the Special Jurisdiction for Peace (JEP in Spanish) as part of the 2016 Peace Treaty between the Colombian State and the guerrilla group FARC has seen its work much criticized over claims from certain powerful factions that it has a hidden agenda to free former FARC leaders and imprison senior military commanders.

Investigations carried out by the JEP have been a major success of the peace agreement and the process that followed. But most of the right-wing section of governing party Centro Democrático have been working to cut its funding and complicate the implementation of the peace deal.

Founded on the principle of transitional justice, the JEP works by recognizing accountability for past crimes from the conflict and establishing alternative sentences. This does mean some powerful people – politicians, businesspeople, and landowners – may feel threatened because its investigations may reveal their past connections to both official and nonofficial repression unleashed upon trade unionists, peasants, politicians, and civilians in the name of defeating the FARC.

Ariel Avila, from the Peace and Reconciliation Foundation, states that as transitional justice moves forward ‘victims will be more at risk. As ex guerrilla members, military officers, parapoliticians, begin to tell the truth, they will inform on those who supported them, those who benefitted from the war, people who, for the most part, are within the scope of legality’.

Hostages and human rights violations

The JEP recently accused seven FARC leaders for promoting kidnapping as a systematic practice and inflicting human rights violations on hostages, and also announced it will investigate and prosecute state security forces for war crimes, as the Colombian army stands accused of allegedly murdering at least 6,402 innocent civilians under what is called ‘false positives’ – counting them as guerrilla fighters to give the impression they were winning the war against the FARC.

Almost 80 per cent of those crimes were committed between 2002 and 2008 when right-wing political leader Álvaro Uribe was president and, since the JEPs’ creation in 2017, he and some of his followers – known as ‘Uribismo’ – along with Iván Duque’s current government have been persistently critical of the body.

This has led the United Nations Office of the High Commissioner for Human Rights (OHCHR) to express concern about ‘persisting public statements questioning the suitability of the JEP and their staff, and about the legislative proposals to abolish the Special Jurisdiction for Peace’, and the damage being done to the JEP was revealed in a detailed report from 14 senators of different opposition parties in the Colombian Congress, led by Senator Juanita Goebertus (Green Alliance Party). 

The main targets of the attacks by the government and Uribistas are the reforms in the rural sector, voluntary coca crop eradication, and the implementation of transitional justice, which the peace treaty committed the government to achieve. Returning land to thousands of peasants displaced by violence would reverse gross inequalities in land distribution, as would the political strengthening of local communities.

“The main targets of the attacks by the government and Uribistas are the reforms in the rural sector, voluntary coca crop eradication, and the implementation of transitional justice.”

But rural elites strongly oppose these moves and the state has been largely absent in these rural areas, contributing to a rise in illegal mining, illicit crops, and now the killings of social leaders and ex-FARC guerrilla combatants. The president of the JEP recently claimed ‘a social leader is killed every 41 hours’ and, according to a report by the Colombian Commission of Jurists along with other local groups, these killings are being committed by hit men, FARC dissidents, organized crime, and even members of the armed forces.

Most cases are not being solved and the Inter American Commission for Human Rights indicates most government investigations focus on the material authors of the crime, not those who gave the order. Human Rights Watch says that, because of such state shortcomings, investigations and prosecutions are facing significant hurdles particularly with regard to the ‘intellectual authors’ of many killings.

Rural communities under pressure from criminals

OHCHR estimates 513 human rights defenders and 248 former FARC combatants were killed between 2016 and the end of 2020 but this is disputed by the government. Many of those who died had accepted the peace agreement, committing themselves and their communities to stop harvesting coca in exchange for receiving state financial assistance and shifting to producing legal goods. But Duque’s government, believing alternative crops do not work, froze the scheme alleging a lack of funds.

This put communities under renewed pressure from organized crime and guerrillas to produce coca again, an option made easier by the ban on the coca fumigations which were used by the US government between 1994 and 2015 to keep crop levels down and reduce drug production.

Fumigations were ended in 2015 by the Colombian Supreme Court due to evidence that the crop spraying harmed the environment as well as human and animal health, but the risk of cuts to aid and loans from the Donald Trump US administration recently pushed Duque to try and lift these restrictions.

His government has launched military-civil stabilization operations in areas of high conflict and illicit crop production, but peasants and indigenous communities see fumigation as another breach of the peace treaty and they intend to resist it.

They also consider stabilization to be too dependent on the military, and various experts also consider this approach to be inefficient and a poor substitute for the lack of a proper state presence in rural Colombia.

“Peasants and indigenous communities see fumigation as another breach of the peace treaty and they intend to resist it.”

Now with the change of administration in the US, Joe Biden has already expressed interest in the protection of human rights and appears less likely to be supportive of restarting fumigation as well as any ongoing resistance of the Colombian government to the peace agreement, especially as key Democrats in the Obama administration and Congress supported the negotiation and approval of the peace deal and many are now in the Biden administration.

The trick for Duque now – and Uribe – is to successfully balance their own partisan policy preferences with the country’s need for long-term military, strategic, and economic ties to Washington.

Tags: False Positives, FARC, Illicit Crop Eradication, Indigenous Communities, JEP, Military and Human Rights, Politics of Peace, Special Jurisdiction for Peace, Transitional Justice

March 15, 2021

Resumen Ejecutivo informe ante el SIVJRNR La Brigada más “Efectiva”: Crímenes de la Cuarta Brigada bajo la seguridad democrática y el Plan Colombia (2002-2003)

Publicado por la Corporación Jurídica Libertad y otras organizaciones el 1 de octubre de 2020.

A report, submitted to the transitional justice system, about extrajudicial executions committed by the Colombian Army’s Medellín-based 4th Brigade.

Tags: Antioquia, Civil-Military Relations, False Positives, Human Rights, Military and Human Rights, Victims

October 1, 2020

The relationship between Colombia and the United States could change soon

“If Trump loses the elections in November, Washington will support the peace process, the protection of social leaders, and the defense of human rights in Colombia”

(Commentary cross-posted and translated from Razón Pública)

A Google search for appearances of “Colombia” during the first six months of 2020 at house.gov, the domain of the U.S. House of Representatives, yields no more than 20 meaningful results.  Most of those were brief mentions of the country’s record coca cultivation levels, or the impact of Venezuela’s crisis.

While the Senate is controlled by the Republican Party, the Democrats won the majority of the House in the 2018 elections. Since then, the House has spoken little about Colombia. But surprisingly, over the last few weeks, it has made statements about Colombia’s peace process, its social leaders, and its military espionage scandals.

On July 6, 94 Democratic legislators signed a letter expressing their concern about these issues.

Days later, the 2021 foreign aid budget bill passed the full House.  This bill, and its accompanying narrative report, do much to move U.S. assistance to Colombia in a more pro-peace, pro-human rights direction.

  • It appropriates $458 million in new assistance for Colombia in 2021, of which less than $200 million would go to the country’s police and military forces. By contrast, the Trump White House had requested, in February, $413 million, of which more than $250 million would go to the armed forces and police. 
  • It lists specific purposes for which U.S. aid should be used, placing implementation of the peace accord at the center, along with a greater presence of civilian state institutions in ungoverned zones. It calls for greater attention to victims, small farmers, women, and indigenous and Afro-Colombian peoples, as well as coca substitution “as agreed to in the peace accord.”
  • It conditions fumigation, freezing 20 percent of the State Department’s $189 million in International Narcotics Control and Law Enforcement funds until the Department certifies that Colombia’s coca reduction strategy “is not in violation of the 2016 peace accord.”
  • As in past years, it adds human rights conditions holding up 20 percent of $38.525 million in one of the main military aid programs, Foreign Military Financing (FMF), until the Department certifies that Colombia’s justice system is holding gross human rights violators accountable; that the Colombian government is taking effective steps to protect social leaders and ethnic communities; and—in a new measure—that the Colombian government “has investigated and is taking steps to hold accountable” officials involved in illegal surveillance of civilians, “including the use of assets provided by the United States for combating counterterrorism and counternarcotics for such purposes.”

Two Amendments About Colombia

In addition, on July 21, the House passed its version of the 2021 Defense Authorization Act (NDAA), the annual bill making adjustments to the law underlying the Pentagon and the U.S. military, including budget guidelines. This is perhaps the only major bill likely to pass through both chambers and become law before the November election. The NDAA includes two amendments on Colombia.

The first, proposed by Rep. Jim McGovern (D-Massachusetts), requires the Secretary of State, working with the Secretary of Defense and the Director of National Intelligence, to submit a report assessing allegations, revealed by Revista Semana in January and May, that U.S. aid to Colombia has been misused for “unlawful surveillance or intelligence gathering directed at the civilian population, including human rights defenders, judicial personnel, journalists, and the political opposition.” That report must detail:

  • Any use of U.S.-provided assistance for such activities;
  • Colombian security forces’ involvement in illegal intelligence gathering between 2002 and 2018;
  • An assessment of the full extent of such activities, including identification of units involved, relevant chains of command, and the nature and objectives of such surveillance or intelligence gathering”;
  • Steps that U.S. diplomatic, defense, or intelligence agencies took to respond to misuse of assistance;
  • Steps that the Colombian government took in response to misuse of U.S. assistance; and
  • The adequacy of Colombian military and security doctrine and training for ensuring that intelligence operations are in accordance with human rights standards.

The second amendment, introduced by Rep. Alexandria Ocasio-Cortez (D-New York), places limits on U.S. support for aerial herbicide fumigation in coca-growing areas. Though it will probably not block any U.S. aid for aerial glyphosate spraying, it is noteworthy that a high-profile Congresswoman expresses concern about the issue. A spokesperson told Business Insider that aerial fumigation was a destructive tactic of the US’s failed drug war. It negatively impacted the yield of many farmers and the public health of many Colombians.

The amendments prospered in significant part because of Rep. McGovern’s chairmanship of the Rules Committee, a powerful committee that meets each evening to approve (rule “in order”) amendments to be debated during the next day’s proceedings. Rep. McGovern is the member of the House who has most closely followed Colombia from a pro-peace and pro-human rights perspective. He told Business Insider on July 27, “If it was up to me, I would end security assistance to Colombia right now. Those who are responsible for illegal acts ought to be held accountable … Clearly that doesn’t happen in Colombia.”

In the days following the amendments’ passage, McGovern appeared in numerous Colombian media outlets, including El Tiempo, El Espectador, and Semana. His message was quite critical of the current direction of U.S. policy, and voiced strong dismay at the Colombian military’s human rights abuses and the excesses of forced coca eradication undertaken by the Duque administration.

Two Incompatible Stances

It is clear that the Trump administration and the House have completely different priorities in Colombia today. The White House brings up record numbers of hectares of coca, and upholds Colombia as a partner and an ally in diplomatic efforts against Venezuela. In contrast, the House condemns slow implementation of the peace accord and the human rights abuses covered up by the Colombian government. 

While Democrats are increasingly reluctant to accept these realities, very few Republicans today openly defend a militarized approach in Colombia. In the 1990s, a group of Republicans in Congress pressured the Clinton administration to increase military aid and fumigation in Colombia. In contrast, no Republican in Congress today advocates something similar with such force.

As a human rights advocate, I’ll give some credit to my own community: we are a solid group of experts and activists who have been working together since the 1990s to give higher priority to peace and human rights in U.S. policy toward Colombia. We have deep detailed knowledge, and a lot of institutional memory. Strategically minded donors have helped maintain this installed capacity, and when opportunity strikes, we can seize it.

What will happen in the next elections?

The next steps are in the Senate, where the 2021 State and Foreign Operations appropriations bill has yet to be drafted. There, the Appropriations Committee will probably reveal its bill after the August legislative recess. It will not become law before the November election. The NDAA, meanwhile, may pass after conciliation between the House version and the Senate version, which does not include the McGovern or Ocasio-Cortez amendments.

The Colombian government appears to have been blindsided by the House Democrats’ July barrage. We’ve seen an angry note from Ambassador Francisco Santos to some of the signers of the 94-person letter, repeating the Duque administration’s talking points—which leave out key information—defending its protection of social leaders and rejecting concerns about peace accord implementation.

That letter’s brusque tone indicates that the Duque government has decided to continue refraining from engaging the increasingly progressive Democrats. With public opinion running strongly in the Democrats’ favor 13 weeks before major elections, adhering mainly to the Republican Party seems like a strategic error.

Tags: Human Rights, Illicit Crop Eradication, Military and Human Rights, Social Leaders, U.S. Aid, U.S. Congress, U.S. Policy

August 5, 2020

July 29, 2020

The Truth Commission abruptly cancels a planned event about false positive killings, organized by Maj. Carlos Guillermo Ospina, the Commissioner who is a retired military officer. The decision comes because one of the event’s foreseen panelists was to be Col. Hernán Mejía, who was sentenced to 19 years in prison for ordering “false positive” killings and has been released pending trial before the JEP. Col. Mejía is an outspoken figure on Colombia’s political right who denies any responsibility for abuses.

Tags: Civil-Military Relations, Military and Human Rights, Truth Commission

July 29, 2020

July 29, 2020

Colombia’s Senate approves the promotion to Major General of Army Chief Gen. Eduardo Zapateiro. All opposition senators boycott the vote, as Zapateiro faces five investigations for alleged corruption and disciplinary violations. Another allegation that has been dropped involved Gen. Zapateiro’s possible involvement in the 1995 disappearance of Jaime Enrique Quintero, father of star soccer player Juan Fernando Quintero.

Tags: Civil-Military Relations, Military and Human Rights

July 29, 2020

Key Amendments in 2021 National Defense Authorization Act Support Peace in Colombia

(AP Photo/Santiago Cortez)

On Tuesday, July 22, the U.S. House of Representatives approved the National Defense Authorization Act (NDAA) for the 2021 fiscal year, which authorizes budget appropriations for Department of Defense-related activities. 

The approved bill includes two key amendments about U.S. engagement in Colombia: it prohibits funding to be used for aerial eradication in any way that violates Colombian law, and it requires a report on illegal surveillance of civilians by the Colombian government, and a plan for avoiding the misuse of support for that activity. 

The NDAA still needs Senate approval. The Republican-majority Senate is currently considering its version of the bill, which does not include these Colombian provisions. For several weeks, a House-Senate committee will work to reconcile differences between the two bills; they are likely to finish their work before Fiscal Year 2020 ends on September 30.

The House-approved language underscores rising alarm among members of Congress over Colombian government policies and inaction that are undermining efforts to build peace, address the root causes of the country’s civil conflict, and improve accountability of the security forces.  

The first NDAA amendment, introduced by Rep. Alexandria Ocasio-Cortez (D-New York), prohibits the use of U.S. funds to “directly conduct aerial fumigation in Colombia unless there are demonstrated actions by the Government of Colombia to national and local laws and regulations.” The Iván Duque administration is trying to restart aerial spraying of coca crops in Colombia, as part of an aggressive push to intensify coca eradication efforts—an expansion that is being aided by nearly a quarter of billion dollars in 2020 U.S. assistance for drug interdiction and eradication.

Aerial fumigation is a counter-drug strategy that brings few benefits (none of them long-lasting), and which carries very high risks of harm to health and the environment. Eradication efforts carried out without input from local communities will likely intensify violence and social protests—a phenomenon that we’re already seeing without aerial spraying. 

The U.S. government shouldn’t support aerial spray programs in Colombia—the fact that the NDAA bill makes this clear is a significant step in the right direction, and should help signal to the Iván Duque government that U.S. Members of Congress recognize the problems and risks of the eradication-heavy approach.  

The second NDAA amendment, introduced by Rep. Jim McGovern (D-Massachusetts), states that no U.S. intelligence equipment donated to or purchased by the Colombian government should ever be used in illicit surveillance operations. The amendment also orders the Department of Defense to produce a report on recent instances of illegal surveillance of social leaders, journalists, and military officials by the Colombian government, to be published 120 days after the NDAA becomes law. 

The amendment correctly recognizes that U.S. assistance should not, in any way, be linked to military intelligence activities that involve illegally spying on reformers and the free press. It sends a strong message that, with Colombia facing an urgent moment in building peace and security, it’s of critical importance that rogue elements of military intelligence be held accountable.

These amendments to the NDAA cap a few weeks of notable activity in favor of peace and human rights in Colombia in the House of Representatives. A July 6 letter that 94 Members of Congress sent to the Colombian government asks that the Iván Duque administration intensify efforts to implement the 2016 peace accords and protect social leaders. On July 15, the House Appropriations Committee approved language in the State Department and Foreign Operations bill for the 2021 fiscal year that is very supportive of funding initiatives related to Colombia’s historic 2016 peace deal. WOLA enthusiastically applauds the House’s important push to support more effective, rights-respecting drug and security policies in Colombia.

Tags: Coca, Illicit Crop Eradication, Military and Human Rights, U.S. Congress, U.S. Policy

July 22, 2020

July 21, 2020

The U.S. House of Representatives passes its version of the 2021 Defense Authorization Act (NDAA), the annual bill making adjustments to the law underlying the Pentagon and the U.S. military. It includes two amendments relevant to Colombia. One, proposed by Rep. Jim McGovern (D-Massachusetts), requires the Secretary of State to submit a report assessing allegations that U.S. aid to Colombia has been misused for illegal surveillance of civilians, including journalistsa and human rights defenders. A second, introduced by Rep. Alexandria Ocasio-Cortez (D-New York), places weak limits on U.S. support for aerial herbicide fumigation in coca-growing areas.

Rep. McGovern tells Business Insider, “If it was up to me, I would end security assistance to Colombia right now. Those who are responsible for illegal acts ought to be held accountable.…Clearly that doesn’t happen in Colombia.”

Tags: intelligence, Military and Human Rights, U.S. Congress, U.S. Policy

July 21, 2020