Tag: Military and Human Rights

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

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