Since our last urgent action Colombia’s weekly magazine Semana revealed that between February and December 2019, Colombian army intelligence units carried out illicit surveillance of more than 130 individuals, including human rights defenders, national and international journalists, politicians, labor leaders, and other members of the military. We at WOLA find this to be completely unacceptable . On Tuesday, May 19 from 1:00 p.m. to 3:00 p.m. Eastern Standard Time, WOLA is hosting, alongside other human rights organizations, a webinar with several of the persons targeted by this illegal espionage. We encourage you to join us to hear their perspectives and recommendations on what should be done to redress this. In this document, you will find summarized statements made by several civil society groups about this scandal. You can join the webinar by registering here.
Additionally, WOLA produced a short video about the violence faced by social leaders in Colombia. The video asks U.S. authorities to call on the Iván Duque administration to protect social leaders, prioritize investigations of the assassinations, and prioritize full implementation of the peace accords.
We also take this opportunity to update you on developments on the April 25 request to President Duque by Black, Afro-Colombian, Palenquero and Raizal persons asking for the creation of an Afro-Colombian Emergency Fund. The Ministry of Health announced that it will designate a person to manage the COVID-19 emergency in the Colombian Pacific. However, details of who this will be or how this person/office will function are not clear. CONPA and others are asking for that to be determined as soon as possible. It should be done in full consultation with Afro-Colombian authorities. Secondly, a special education plan is required for Afrodescendants living in areas with limited internet capacity. Virtual learning is not reaching most children in shantytowns and rural areas because they do not have computers and/or the technical capacity to access school in this manner. Lastly, CONPA insists that the government advance humanitarian accords with the ELN that provide protection to civilians and communities caught up in conflict. We were disappointed by last week’s developments that run counter to peace in Colombia. Please see our May 14 statement Inaccurate Trump Administration Charges Against Cuba Damage Prospects for Peace Talks in Colombia and Elsewhere.
The following are summaries of the human rights situations and cases we received that require action. We have divided them into three parts: military intelligence scandal, COVID-19 related concerns, and human rights abuses.
Military Intelligence Espionage
Illegal Military Surveillance Targeting Social Leaders
On May 10, the Inter-Ecclesial Commission for Justice and Peace (Comisión Intereclesial de Justicia y Paz, CIJP) condemned the illicit surveillance carried out by the Colombian army’s intelligence units on social leaders Luz Marina Cuchumbe and Jani Rita Silva and CIJP staff Father Alberto Franco and Danilo Rueda. They make clear that strong measures must be taken to protect the whistleblowers in this case.
A court in Nariño orders a halt to virtual online consultations with communities in remote areas to discuss the environmental impact of renewed aerial herbicide eradication of coca. The court was responding to a complaint filed by communities fearful of being fumigated with herbicides without proper consultation. In order to restart the U.S.-backed fumigation program, Colombia’s Constitutional Court had required the environmental licensing agency ANLA to consult with communities on an eradication plan. COVID-19 had made those consultations impossible to carry out in person, so the agency had sought to perform them over internet, even though many of the affected rural communities have little or no internet access. The court’s order may delay the reinitiation of fumigation, originally expected for mid-2020.
By Gwen Burnyeat and Andrei Gomez-Suarez at Rodeemos el Diálogo on April 25, 2020. Cross-posted with permission.
There has been recent speculation about whether the COVID-19 pandemic might offer a window of opportunity for reigniting negotiations between the government of Iván Duque and Colombia’s last remaining guerrilla insurgency, the National Liberation Army (ELN), at war with the state since 1964. These speculations stem principally from two unilateral gestures, one by the ELN, one by the Duque government.
First, on 29 March, Duque’s High Commissioner for Peace, Miguel Ceballos, re-designated two former ELN commanders, Francisco Galán and Felipe Torres, as “Peace Promoters”, a role given to members or ex-members of armed groups who commit to contributing with their experience to paving the way for peace negotiations with illegal armed groups, while the government suspends any legal process against them for their actions in that group. Galán and Torres, who both formally dropped out of the ELN and demobilised many years ago, had previously been designated by the administration of Juan Manuel Santos (2010-2018) as “peace promoters”. In January 2019, after the ELN detonated a car bomb in the General Santander National Police Academy, killing 23 people, Duque had cancelled the status of all peace promoters, reactivating arrest warrants against them. In addition to Galán and Torres, this included active ELN members Juan Carlos Cuéllar and Eduardo Martínez, who had also been designated peace promoters. Galán and Cuéllar were captured; Martínez and Torres went into hiding. Galán and Torres were wanted on charges against the whole of the ELN Central Command (COCE) for a 1999 kidnapping, in which they did not participate because they were imprisoned at the time, but until this investigation is formally closed, they need a presidential pardon to walk freely.
Contextualising the Perspectives of Each Side: “Resistance” versus “Legality”
Neither the ELN nor the Duque government are homogenous entities. Both are complex ecosystems, each with their own internal dynamics, identity narratives, political power balances, and ideas about how Colombian public opinion perceives them.
Between October 2017 and January 2018, a virtuous cycle of unilateral and bilateral gestures led to a hundred-day bilateral ceasefire, which included a hybrid monitoring mechanism comprising representatives of the international community and Colombian civil society. While this bilateral ceasefire was welcomed by pro-peace networks as it alleviated humanitarian suffering, the ELN and the government had different interpretations as to what constituted breaches of the ceasefire, and it was ultimately not possible to extend it. Paradoxically, what was meant to be a trust-building step created a major deadlock in the negotiations. This, compounded by the short time that the Santos government had left in power, the ELN’s growing criticism of the government’s implementation of the Havana Peace Agreement signed with the FARC in 2016, and the ELN’s kidnapping of two Ecuadorian journalists, among other things, derailed progress of the negotiations under Santos. The support within the ELN and among their sympathisers shifted towards the hard-line faction, which does not see a negotiated peace as a viable solution, and rather supports the strengthening of the ELN’s military might to continue what they see as their resistance against an unchanging oligarchy.
President Duque, the candidate of the right-wing Democratic Centre party, won the 2018 elections on a promise of drastically modifying the Havana Peace Agreement with the FARC and taking a hard-liner stance with the ELN. Governments themselves are complex dynamic ecosystems within the wider state structure, comprising multiple people and institutions, immersed in relationships within themselves, with various players in the political establishment, with their political opposition, and with Colombian public opinion.
Duque’s political capital draws overwhelmingly on the support of ex-President Álvaro Uribe Vélez (2002-2010), today Senator, whose popularity rested on his ‘democratic security’ policy, and who had staunchly opposed the negotiations with the FARC, leading to the triumph of the ‘No’ vote in the 2016 Peace Referendum. However, his government also comprises a key alliance with the Conservative Party, via his vice-president Marta Lucía Ramírez, and multiple other alliances with national and local-level politicians of different parties.
When Duque took power in August 2018, the ELN negotiation team was in Havana, where the negotiations were transferred in May 2018. They waited there and stated publicly their willingness to continue the dialogue with the new government. Duque announced that he would evaluate the state of the negotiations before taking a definitive decision. His government consistently pushed for the release of all the ELN’s hostages and the cessation of all criminal activities as conditions for negotiating. The ELN, in turn, argued that such actions would be made in a series of bilateral humanitarian gestures, as negotiations progressed.
Meanwhile, the negotiations remained frozen, no government delegation arrived in Havana, and the conflict intensified in regions such as Catatumbo, Cauca, Chocó and Nariño. With the ELN’s car bomb in January 2019 Duque formally ended the negotiations, saying the ELN did not show a willingness for peace, and requested an Interpol warrant against the ELN negotiation delegates in Cuba. He urged Cuba and Norway, both guarantors to the Santos negotiations with the ELN, to ignore protocols signed with his predecessor which guaranteed the safe return of the ELN negotiation team to the Colombian jungle in the case of breakdown of peace talks, and return the negotiators to Colombia to be arrested.
Ever since, two members of the ELN COCE (Nicolás Rodríguez and Pablo Beltrán) have remained in Havana (Cuba decided to respect the protocols), giving frequent press interviews expressing their wish to reignite negotiations, urging Duque to send a negotiation team to continue with the existing negotiation agenda, as it was an agenda signed with the Colombian state. The Duque government, meanwhile, contends that the previous agenda was signed with the Santos government, and that new negotiations would require a new agenda. Duque continues to emphasise further unilateral permanent gestures by the ELN as conditions for negotiating, especially hostage release and cessation of criminal activities, in line with his government’s key slogan, “peace with legality”.
The ELN tends to reject unilateral gestures, claiming that the government does not see them as a gesture of a strong group willing to make concessions and pave the way to peace collaboratively between two antagonists, but rather as a show of weakness. The ELN’s gesture is thus suggestive of a possible shift towards a consensus at least on seeking a way to alleviate humanitarian suffering. The compliance of all the ELN’s Fronts with the ceasefire so far (between 1-22 April there were zero attacks by the ELN) is also positive, considering the ELN’s geographical fragmentation and non-vertical hierarchy, and is indicative of the COCE’s capacity of command and control. The Colombian army has not instigated any attack since 12 March, which suggests that the government is likewise prioritising the response to the Coronavirus crisis. This convergence of unilateral strategies has materialised in a tacit truce, which could nurture a virtuous cycle of decisions that lead to long-term de-escalation of the conflict. Many sectors of civil society and the international community have welcomed the positive impact of the ceasefire in the lives of war-torn communities.
However, this cannot be misinterpreted as a step towards the opening of a negotiation table, and a shift within the ELN towards a consensus for a negotiated peace. On the contrary, the geopolitics around Venezuela offer a ripe context for a radicalisation of the ELN. Donald Trump’s constant threats to the Maduro regime and Duque’s confrontational approach to Venezuela reinforce the ELN’s self-perception of being a bastion of resistance against global neoliberalism and fascism. The unilateral ceasefire thus could also be read as a move to regain international legitimacy in the global context of failing neoliberal democracies, and position themselves as standing against Trump.
The Duque administration’s gesture of reinstating Torres and Galán as peace promoters suggests of a willingness within at least one sector of the government to take tangible steps towards peace, responding to the many calls by pro-peace sectors of Colombian civil society and the international community for the government to seek a “complete peace” – one that encompasses all illegal armed groups in the country. Just as an insurgency has harder and more moderate positions internally, which fluctuate in power and visibility according to the unfolding political present, so does a government. The intensifying violence of the conflict with the ELN, and the humanitarian crisis of Venezuelan migrants arriving in Colombia, have now been compounded by the coronavirus crisis. Pro-peace elements within the government now have the opportunity to elevate the protection of life as the central mandate of the Duque administration, beyond the scrabbles of right/left sectarianism which have thus far dominated its political narratives, in which it has been stuck since coming to power on the basis of opposing Santos and his peace process.
Possibilities and Challenges for Peace: Opening the Window of Opportunity
Peace is not a linear process. Even if these two unilateral gestures do not immediately bring the parties to a negotiation table, they give oxygen to pro-peace elements in the government, in the wider political establishment, among Colombian civil society and in the international community.
We see four interdependent and mutually reinforcing conditions as essential for a future Duque-ELN negotiation. First, the Duque government needs to show both sufficient political will and political capital to engage successfully in peace negotiations. Second, the ELN must build sufficient consensus internally to commit to a negotiated solution to the conflict, and accepting that this may have to look different to what they envisaged when they committed to negotiating with the Santos administration. Third, the growth in support in Colombian public opinion for an end to violence in the country. Fourth, a favourable geopolitical environment for fostering a sustainable peace in Colombia, which had been adversely affected by the Trump administration’s disdain for the 2016 Havana Peace Agreement with the FARC and the worsening of the Venezuela crisis.
The Coronavirus pandemic is radically reshaping our world. As governments worldwide are extending lockdowns, might not the ELN similarly reconsider, and extend their ceasefire? Might increased political and citizen support crystallise around a government mandate for protecting life? And might the government continue to abstain from military engagement with the ELN, and offer an explicit unilateral gesture of de-escalation? Might the outcome of the coming US elections create a more favourable geopolitical context for future negotiations with the ELN? The transformations of political identities around the world under coronavirus will change global trends on everything from neoliberal economic policies, state welfare, populism, and community solidarity. These transformations could redefine how the Duque government and the ELN see themselves and each other, and how Colombian society feels about a negotiated solution to the conflict. The window of opportunity remains to be opened.
A discussion of peace accord implementation amid the COVID-19 crisis, with Senator Iván Cepeda; Marco Romero of CODHES; Elena Ambrossi, a former member of the government peace negotiation team; Rodrigo Uprimny of DeJusticia; Representative Juanita Goebertus; Saúl Franco of the Truth Commission; and Representative Feliciano Valencia.
Here is an English translation of an April 27 letter to the chief of the UN Verification Mission in Colombia from Defendamos la Paz, a broad coalition of peace advocates.
Letter addressed to Carlos Ruiz Massieu Special Representative of the United Nations Secretary General Verification Mission in Colombia
Bogotá, April 28, 2020
We are writing to you to share our concern and, through you, to alert the Secretary General and the members of the Security Council about attacks against the implementation of the Peace Agreement in Colombia in times of coronavirus.
As the Defendamos la Paz movement, we raise our voice of protest against the instrumentalization of the pandemic to undermine the Peace Agreement. The health crisis does not only hide the inaction of the Government. More importantly, it fuels the governming party’s campaign against peace implementation.
Defendamos la Paz is against designs aimed at making reforms to the Peace Agreement, which the Government and the ruling party failed to obtain through legislation, become reality through the back door, while citizens remain focused on the pandemic.
We call the attention of the Verification Mission, the General Secretariat and the Security Council to the events listed below.
1- THE INCREASE IN MURDERS OF EXCOMBATANTS AND SOCIAL LEADERS
We are approaching the number of 200 ex-combatants killed. The Verification Mission has registered 197 homicides since the signing of the Peace Agreement. To this number must be added 39 assassination attempts and 13 disappearances of former Farc-EP members.
As for human rights defenders, the Office of the United Nations High Commissioner for Human Rights verified 108 homicides in 2019 and registered 56 more denounced cases for 2000 as of March 24.
The Government remains silent in the face of this attack on peace, there are no initiatives to stop the bleeding and the pandemic has served to camouflage its passivity. The security forces do not react, the Attorney General’s Office does not advance enough and the instruments provided by the Peace Agreement, such as the National Commission for Security Guarantees, are not convened by the Government.
You yourself pointed it out before the Security Council: “No efforts must be spared with regard to those facing specific risks, given their roles in the promotion of human rights and the implementation of the peace agreement, and those who laid down their weapons and remain committed to the peace process.”
Defendamos la Paz requests, once again, the immediate convocation of the National Commission for Security Guarantees, the Commission for Monitoring, Promotion and Verification of Implementation and the tripartite Attorney General-FARC-Verification Mission commission.
2- THE GOVERNMENT’S PLANS
In the latest management report of the Presidential Advisor for Stabilization and Consolidation, which covers the period August 7, 2018 – March 31, 2020, the Government revealed intentions to evade compliance with the Peace Agreement and national regulations and jurisprudence. We mention:
1- The expulsion of FARC members from Congress
The Government insisted on the withdrawal of senators and representatives from the FARC until they carry out the sentences dictated by the Special Peace Jurisdiction. This proposal was the subject of a defeated draft legislative act in Congress, a process later studied by the Constitutional Court. In the view of Defendamos la Paz, this point was settled both in the legislative and judicial branches and there can be no modifications.
2- Loss of transitional justice benefits
The Government has warned that it will seek the removal of transitional justice benefits for ex-FARC-EP combatants who have not turned over their declared assets by July 31. The ex-FARC-EP combatants reported that they handed over the inventory and, once disarmed, they lost the ability to guard some of the assets in conflict zones. Several of them have been occupied by third parties. Defendamos la Paz believes that this obligation of the Peace Agreement must be fulfilled as soon as possible in the framework of dialogue and good faith and warns about the danger of its politicized use to unleash de facto reforms not obtained in Congress.
3- Glyphosate spraying
The Government continues planning to spray with glyphosate. From the governing party and allied sectors, calls for the start of fumigations during quarantine have been reinforced. The Constitutional Court has conditioned spraying on the fulfillment of a list of requirements related to the Peace Agreement. Several of these cannot be met during a period of social distancing. Defendamos la Paz reiterates its rejection of glyphosate fumigation, especially in times of isolation when families depend on basic food crops.
3- PAROLE DURING THE PANDEMIC
Decree 546 of 2020, which authorizes house arrest during the pandemic, leaves out members of the security forces and the FARC-EP. Defendamos la Paz states that this exclusion not only lacks the slightest humanitarian sense, but also constitutes a violation of the Agreement, which establishes conditional liberty for those who accept the jurisdiction of the Special Justice for Peace.
4- DEMANDS TO DEFUND PEACE
The pandemic serves as an excuse to demand the reduction of funding for peace. The governming party proposed that part of the funds for the implementation of the Havana accords be reprioritized toward Covid 19 health needs, for basic food, and to save small and medium-sized companies. Defendamos la Paz believes that the health of Colombians in the midst of war cannot be guaranteed and, therefore, the commitment to peace is part of the health response. Rather, we call for speeding up the implementation of health projects in the Territorially Focused Development Plans (PDET).
Mr. Ruiz Massieu, you, the Secretary-General, and the Security Council must know that the country has not escaped the authoritarian discourses that go against the separation of powers. For example, a governming party spokesperson called for the closing of Congress during the pandemic. The natural head of this political force, former President Álvaro Uribe Vélez, called for its reduction, on the verge of a ruling by the State Council that could make the 16 seats for peace [temporary congressional seats for victims’ organizations] contemplated in the Peace Agreement a reality. The Government has not rejected these proposals.
The Secretary General was right when he called for a global ceasefire. At Defendamos la Paz, we believe, like him, that the more we’re in a pandemic, the more we need peace.
Mr. Ruiz Massieu, there is no doubt; in Colombia, a pandemic is being used to dodge peace commitments; the disease of coronavirus cannot lend itself to strengthen the disease of war. We ask you, Secretary-General Guterres and the members of the Security Council to help us avoid this.
The Human Rights Ombudsman’s office (Defensoría) issues an “early warning” alert about armed groups’ activities during the COVID-19 emergency. Between March 23 and April 27, the agency documents 72 threats or other violent acts that groups have justified by claiming enforcement of public health measures. It documents ten cases in which armed groups killed people for violating the quarantine rules that they had put in place. Of 41 violent acts, the Defensoría finds FARC dissidents responsible for 14, the ELN for 11, neo-paramilitary groups 6, the EPL 2, and the rest other organized crime groups or unknown armed actors.
Citing their vulnerability to COVID-19 while imprisoned, the Special Jurisdiction for Peace (JEP) orders house arrest for 25 people accused of committing war crimes while serving in the security forces. On April 22, the JEP’s Legal Situations Chamber denied release to two former senior officers, Colonels Joaquín Correa López y Jorge Eliécer Plazas Acevedo, both over 60 years old. The JEP mandated that they be granted humanitarian protective measures while detained.
A statement from the Colombian Catholic church’s Episcopal Conference voices “pain and concern” about increasing levels of violence and human rights abuse in several regions of the country, and calls on all armed groups to engage in a ceasefire during the COVID-19 pandemic.
Responding to a proposal by governing-party congressman Edward Rodríguez, High Commissioner for Stabilization and Consolidation Emilio Archila says that the government has no intention to take funds intended for peace accord implementation and divert them to COVID-19 public health needs.
A discussion of peace accord implementation during the time of coronavirus, with María Alejandra Vélez of the Universidad de los Andes, Kyle Johnson of the Kroc Institute, and Juan Carlos Garzón of the Fundación Ideas para la Paz.
The Defense Ministry agrees to transfer 100 billion pesos (about US$30 million) from planned weapons purchases to pandemic public health needs. The idea was first proposed by opposition Senator Iván Cepeda.