The present crisis in Colombia demands genuine, broad-based dialogue, which in turn would renew the original promise of the 2016 peace accord. Getting there, though, means overcoming some stiff internal hard-lien opposition. The U.S. government can help by distancing some very powerful people in the country who prefer escalation over dialogue. Read a new column by WOLA’s Adam Isacson at nytimes.com.
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 The Washington Office on Latin America (WOLA) is pleased to learn that President Iván Duque has withdrawn the plan, which would have placed a severe burden on the middle class through regressive sales taxes.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.
On April 9, 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 2021 consultation and solicited input from more than 50 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 with cooperation from the Biden administration and also highlights current obstacles. Topics include transitional justice, maintaining the independence of the justice system, protection of social leaders and communities, illicit crop substitution and alternative development plans, economic renewal after the pandemic, and migrant and refugee rights.
The original Spanish letter is here. The translated English letter is here.
Colombia’s government is moving closer to reinstating a program, suspended in 2015, that would spray herbicides from aircraft over territories where coca is cultivated. Twenty-five U.S. and Colombian organizations have joined on this letter to President Joe Biden urging him to avoid supporting a renewed “fumigation” program, succinctly laying out the reasons why this would be an unfortunate policy mistake. The letter was shared with the White House on March 26.
March 26, 2021
President Joseph R. Biden, Jr. The White House Washington, DC
Dear President Biden,
We write out of strong concern about the imminent restart of a program that your administration is inheriting from its predecessor: an effort to eradicate coca in Colombia by spraying herbicides from aircraft. We encourage you not to provide funding for this program, which not only failed to achieve past objectives, but sends a message of cruelty and callousness with which the United States should no longer be associated. It will undermine the peace accords that are a powerful legacy of the Obama-Biden administration.
Aerial fumigation can bring short-term reductions in the number of acres planted with coca. But past experience shows not only that these gains reverse quickly, but that the strategy undermines other U.S. and Colombian security objectives. Recurring to fumigation is like going back in time, ignoring much that we have learned about what does and does not work.
Many of our organizations have published studies documenting the harm that fumigation has done in the past. The December 2020 report of the U.S. government’s bipartisan Western Hemisphere Drug Policy Commission found that forced eradication brought “enormous costs and dismal results.” Just since the end of February, we have seen strong critiques of forced eradication and fumigation from the International Crisis Group; the Ideas for Peace Foundation, a Colombian business sector think tank; a list of over 200 scholars, and seven UN human rights rapporteurs.
Between 1994 and 2015, a U.S.-backed program supported a fleet of aircraft, and teams of contract pilots and maintenance personnel, that sprayed the herbicide glyphosate over 4.42 million acres of Colombian territory—a land area 3 1/2 times the size of Delaware. In 2015 the Colombian government suspended the spray program, citing public health concerns based on a World Health Organization study finding glyphosate to be “probably carcinogenic to humans.”
For a few years afterward, the Colombian government failed to replace the strategy with anything—neither eradication nor assistance to affected areas. During the late 2010s, Colombia’s coca crop increased to record levels. Nearly all of the increase happened in the exact municipalities and communities where fumigation had been heaviest. After 20 years of constant eradication, farmers continue to face the same on-the-ground reality.
Most Colombian producers of the coca bush are not organized crime-tied criminals or supporters of illegal armed groups. They are families with small plots of land. Estimates of the number of families who make a living off of coca vary from “more than 119,500” to 215,000. If one assumes four people per family, then more than 2 percent of Colombia’s 50 million people depend on coca. Households earn about $1,000 per person per year from the crop, making them by far the lowest-paid link in the cocaine supply chain.
They live in “agricultural frontier” zones where evidence of Colombia’s government is scarce. Paved or maintained roads are nonexistent. The national electric grid is far off. There is no such thing as potable water or land titles. In some areas, even currency is hard to obtain, and stores offer the option of paying for groceries with coca paste.
These people need to be governed and protected by their state. An aircraft flying anonymously overhead, spraying chemicals on populated areas, is the exact opposite of that. But the program has other important disadvantages:
Because it targets poor households in ungoverned areas, chemical fumigation sends a message of cruelty, and associates that message with the United States. Your administration is steadily working to undo the Trump administration’s cruel migratory measures, which imposed suffering on a weak, impoverished population at the U.S.-Mexico border. We ask that you also avoid returning to “deterrence though cruelty” in rural Colombia.
Like any eradication without assistance, fumigation further weakens governance and threatens to worsen security in Colombia’s ungoverned territories, where illegal economies and armed groups thrive. Forced eradication, especially when uncoordinated with efforts to physically bring government services into territory, sends families from poverty to extreme poverty, with no official help in sight. This hurts the government’s legitimacy in frontier areas where it badly needs to be built up.
After perhaps a short-term drop in cultivation, fumigation is not effective at reducing the coca crop. Past experience shows a high probability of replanting and other means of minimizing lost harvests, in contexts of absent government and few alternative crops.
Fumigation goes against what Colombia’s 2016 peace accord promised. That document’s first and fourth chapters offered a blueprint for reducing illicit crops: first by engaging families in substitution programs, and then by carrying out a 15-year “comprehensive rural reform” effort to bring state presence to rural areas. Fumigation was meant to be a last resort, for circumstances when families were refusing opportunities to substitute crops and when manual eradication was viewed as too dangerous. Rushing to fumigate is a slap in the face to brave farmer association leaders who took the risky step of defying traffickers and leading their communities into the fourth chapter’s crop substitution programs.
Similarly, fumigation risks large-scale social discord in rural Colombia. In 1996, after the program first got started, much of rural Colombia ground to a halt for weeks or months as mostly peaceful coca-grower protests broke out around the country. Today, farmers are even better organized than they were 25 years ago.
Fumigation, meanwhile, may carry risks for human health and the environment. The 2015 WHO document is one of many studies that give us reasonable doubts about the health impacts of spraying high concentrations of glyphosate over populated areas from aircraft. Bayer, the company that purchased glyphosate producer Monsanto, has agreed to settlements with U.S. plaintiffs potentially totaling over $11 billion—another reason for reasonable doubt. While the environmental impacts are less clear, glyphosate’s own labeling warns against spraying near standing water sources, and we are concerned about its use in proximity to rainforest ecosystems. The largest environmental impact, though, is likely to be the way many past farmers have responded after losing crops to fumigation, while remaining in a vacuum of government presence: they move somewhere else and cut down more rainforest to grow coca again.
Like all forced eradication unaccompanied by assistance, fumigation is dangerous for the eradicators themselves. In 2013, not long before the program’s suspension, FARC guerrillas shot down two spray planes within the space of two weeks. While planes and their escort helicopters will be more armored than before, the vulnerability remains. Eradication is far safer when it is agreed with communities by a government that is physically present in its own territory.
In March 2020, Donald Trump met with Colombian President Iván Duque and told him, “You’re going to have to spray.” The country’s highest court has required Duque’s government to meet a series of health, environment, consultation, and other requirements. Colombia’s Defense Minister is now predicting that the spraying could restart in April.
This time, U.S. Ambassador Philip Goldberg has stated, the U.S. role in the program won’t be as extensive. Still, during the Trump administration, the State Department supported maintenance of the spray plane fleet, upgrades to bases, and training of eradication personnel, among other services. State Department reports sent to Congress in late February and early March hailed fumigation’s imminent restart as a sign of progress.
Nonetheless, we reiterate our hope that the Biden administration will turn away from supporting Colombia’s spray program while there is still time. The United States should not support aerial fumigation in Colombia again. Nor does it have to. We know what to do.
Farmers with land titles hardly ever grow coca. Farmers who live near paved roads hardly ever grow coca. Criminal groups are badly weakened by proximity of a functioning government that is able to resolve disputes and punish lawbreaking.
This is a longer-term project, but Colombia’s 2016 peace accord offered a good blueprint for setting it in motion: a fast-moving, consultative crop substitution program, tied to a slower-moving but comprehensive rural reform program. Though those programs exist and parts of the Duque government are carrying them out diligently, they are underfunded and well behind where they should be as accord implementation enters its fifth year.
It’s not too late to help Colombia jumpstart the model offered by Colombia’s peace accord, which the Obama-Biden administration so effectively supported. We urge you to take that path instead of that of renewed fumigation, which we know to be a dead end.
Center for International Environmental Law
Centro Estudios sobre Seguridad y Drogas, Universidad de los Andes (Colombia)
Chicago Religious Leadership Network on Latin America
Colombia Human Rights Committee
Consultoría para los Derechos Humanos y el Desplazamiento (Colombia)
Corporación Viso Mutop (Colombia)
Drug Policy Alliance
Elementa DD.HH. (Colombia/Mexico)
Fellowship of Reconciliation: Peace Presence
ILEX Acción Juridica (Colombia)
Institute for Policy Studies, Drug Policy Project
Institute on Race, Equality, and Human Rights
Latin America Working Group
Mennonite Central Committee U.S. Washington Office
Presbyterian Church (USA), Office of Public Witness
Presbyterian Peace Fellowship
Proceso de Comunidades Negras (Colombia)
United Church of Christ, Justice and Witness Ministries
Colombia’s largest port city, Buenaventura, saw a 200 percent increase in homicides in January, compared to the same time period last year. The killings are attributed to deep-rooted problems: state abandonment, systemic racism, and a lack of concerted investments in Afro-Colombian communities.
These conditions have allowed illegal armed groups—who seek to control the Afro-Colombian civilian population—to violently dispute territorial control in efforts to advance illegal economies. These conditions work to serve powerful political and economic interests. While the state heavily militarized Buenaventura, this violence continues to take place due to corruption within the public forces, and among other local actors. Armed groups terrorize communities, many made of displaced persons from surrounding rural areas, by recruiting children, extorting local businesses and informal workers, and threatening or killing those who don’t follow strict curfews or “turf borders” (líneas invisibles). Recently, at least 400 people became internally displaced due to a lack of effective response by the national government to protect them.
Residents in the Buenaventura neighborhoods severely impacted by the armed groups’ horrific violence and restrictions are speaking out. Protests have taken place in the port city and in nearby Cali, with more planned in the coming weeks. The Colombian state has neglected to bring basic services—drinkable water, reliable electricity, adequate housing, health care, and schools—to Buenaventura.This neglect has long driven citizen responses: in 2017, a general strike paralysed all activity in the port for nearly a month, amidst a brutal deployment of the ESMAD (anti-riot police) to forcibly repress the peaceful protests. During that civic strike, all sectors of civil society demanded that the national government care as much about the Afro-Colombian citizens of Buenaventura as it does for the economic benefits that port brings to the country’s commerce. Shortly after the strike, there was movement in implementing the agreements with the Civic Strike Committee (the civil society body representing protestors’ demands), but this slowed after the Iván Duque administration took power.
Local authorities in Colombia must respect the right to peaceful protest, as communities continue to take to the streets to call attention to Buenaventura’s crisis of violence and poverty. Recent history shows that sending in the military to patrol the streets is not a sustainable, long-term solution for Buenaventura. What’s needed is a deeper reckoning with the wealth, housing, security, and many other disparities that affect Afro-Colombian livelihoods.
President Iván Duque’s administration and future administrations need to prioritize investing in Buenaventura’s future in a way that is equitable and just. The government neglect, poor living conditions, and insecurity that affect Buenaventura are a longstanding expression of the structural racism that persists in Colombia.
U.S. policymakers have a role to play as well. The 2012 U.S.-Colombia Free Trade Agreement (FTA) helped drive massive construction projects to Buenaventura, but this has not benefited the city’s Afro-Colombians who continue living in extreme poverty. The U.S-Colombia Labor Action Plan, put in place to advance the FTA, includes ports as a priority sector whereby both countries agreed to improve labor rights and strengthen trade unions. In Buenaventura, the initial steps to improve port workers’ rights were quickly forgotten once the FTA came into fruition. The U.S. government should advocate for upholding port workers’ labor rights as committed in the FTA labor action plan. Additionally, to better protect Black and Indigenous lives in Colombia, the U.S. government should push Colombia to fully implement its 2016 peace accord, which contains commitments meant to address the country’s ethnic minorities that are entrenched in inequality and inequity.
In Buenaventura, “the people know how they deserve to be treated as a people, they know what their collective dreams are, and they are working towards a collective and dignified life project,” said Danelly Estupiñán, a social leader with the Black Communities Process (PCN) who documents violence in the city and advocates for the rights of Afro-Colombian communities. Across Colombia, social leaders like Danelly are fighting for transformative change in Buenaventura and beyond.
Support their work and protect their lives. Join WOLA’s #ConLíderesHayPaz campaign:
In response to the Trump administration’s addition of Cuba to the U.S. government’s list of terrorism-sponsoring states, here is an English translation of a statement published on January 15 by the leaders of the Colombian government’s negotiating team with the FARC in Havana.
STATEMENT BY FORMER COLOMBIAN GOVERNMENT PEACE NEGOTIATORS
In view of the decision by the outgoing U.S. administration to include Cuba on the list of countries that sponsor terrorism, and the call by Colombia’s ruling party, the Democratic Center, to “review” relations with that country and make “substantive decisions”, we wish to say the following, based on our own experience in Cuba:
During the nearly five years (2012-2016) that the Colombian government delegation was negotiating in Havana with the FARC, we enjoyed the strong support of the Cuban government, which used its best resources to ensure the success of the talks, together with Norway. In a situation that was not exactly one of abundance, Cuba made available to us a multiplicity of houses, conference rooms and—much more importantly—its most experienced diplomats, in Havana and Bogotá, to facilitate the negotiations in the best possible way. We say with total certainty: without Cuba’s commitment and contribution there would have been no peace agreement in Colombia.
During this time, Cuban authorities exercised special vigilance over the FARC delegation, to ensure that their presence in Havana was in keeping with the purposes of the peace process. As a joke, they once told us: “We don’t even let the FARC exercise together, so that no one will think that they’re setting up a camp here”. They always made clear that the FARC was in Havana to negotiate peace, and for nothing else. As representatives of the government of Colombia, despite all the differences that we may have with the regime of Cuba, we are obliged to recognize and thank the generous spirit and the professionalism that Cuba deployed in favor of peace in Colombia.
It is thus an outrage and an act of unequaled state ingratitude with the Republic of Cuba that, in the framework of similar negotiations with the ELN, the government of Iván Duque demanded that Cuba surrender members of that delegation to Colombian authorities. To do so would go against the protocols signed by the government of Colombia and the international guarantors, which called for the return of the ELN negotiators to their places of origin should the talks break down. The fact that the ELN committed an atrocious act of terrorism at the National Police Cadet School in Bogotá—which we condemn most vehemently—and that the government, as is its right, abandoned the negotiation, does not change the terms of what was formally agreed upon by Colombia in the framework of the peace process.
Like the members of the FARC delegation at the time, all members of the ELN delegation were authorized by the Colombian government to participate in the negotiations, and their outstanding arrest warrants had been lifted. The current government preferred to ignore Colombia’s international obligations and to play along with an ideological strategy of the outgoing U.S. administration, which from the beginning had the objective, as was easy to foresee, of putting Cuba back on the list of countries that sponsor terrorism.
Now the Democratic Center, the ruling party, is calling with characteristic incoherence for “decisions” to be taken against Cuba, forgetting that its leader Alvaro Uribe, when president of Colombia, had asked Cuba to receive an ELN delegation to begin exploratory peace talks. Between 2005 and 2007, there were eight unsuccessful rounds of negotiations in Havana between the Uribe government and the ELN, for which the government authorized as representatives, among others, the ELN’s military commander, Antonio García, and the current head of the delegation in Havana, Pablo Beltrán, as well as countless civil society organizations.
In those same years the ELN kidnapped 236 civilians, according to official figures, and did not release any. And yet the Uribe government probably never thought of demanding the extradition to Colombia of the ELN peace delegation to answer for those acts, because it knew that would mean breaking the rules of the game that allow for negotiations.
What is at stake, then, is not only peace with the ELN or U.S. relations with Cuba, but the very possibility of carrying out peace negotiations. As the Norwegian Minister of Foreign Affairs said a few days ago, if countries that facilitate peace efforts run the risk of ending up designated as sponsors of terrorism, from now on they will think twice before committing to such efforts.
Who would believe that the United States might ask Qatar to extradite the members of the Taliban peace delegation, who are negotiating in Doha, because of the terrorist acts that the Taliban are still committing in Afghanistan today, and which the United States itself is denouncing? In the case of Afghanistan, the attitude of the outgoing U.S. administration has been exactly the opposite: in the agreement it signed with the Taliban, it even committed itself to removing them from the list of terrorist organizations without their having signed any peace agreement with the Afghan government, much less laying down their arms.
Beyond coherence, the heart of the problem is that ideology and partisan interests are being privileged over common sense and international commitments. The Duque government preferred to lend itself to the Trump administration’s ideological agenda, bringing Colombia’s international relations to a new low. Now that the Trump administration is ending its term by attacking its own electoral process and violating its own constitution, it is time for Colombia to turn around and seek a new, more constructive relationship with the United States.
We strongly encourage the incoming administration of President-Elect Biden to review the decision to include Cuba on the list of terrorism-sponsoring countries as a result of its facilitation of Colombia’s peace process, and we stand ready to testify about our experience.
Humberto de la Calle, Former Head of Government Negotiating Team Sergio Jaramillo, Former High Commissioner for Peace
Colombian officials are forecasting that within two months, a U.S.-backed program of aerial herbicide fumigation in coca-growing zones—suspended for public health reasons in 2015—will restart. A major step along the way, a nationwide consultation with communities, is scheduled to start on Saturday.
Honorable Congressmen of the Republic of Colombia Honorable Members of the Congress of the United States of America Social organizations defending human rights and environmental rights
Re: Urgent call for non-reactivation of glyphosate fumigation in Colombia.
The Washington Office on Latin America (WOLA), Elementa DDHH, Alianza de Organizaciones de Mujeres Tejedoras de Vida del Putumayo, La Red en Movimiento, Corporación Viso Mutop, and Consultoría para los derechos humanos y el desplazamiento (CODHES), write to express deep concern about the imminent reactivation of glyphosate fumigations in Colombia, ignoring the guidelines given by the Constitutional Court in Ruling T-236 of 2017, as well as the historical and documented serious impact on health and the dire consequences in terms of the environment and forced migration in the country.
The national government of Colombia, through various mechanisms, has expressed its determined interest to reactivate glyphosate fumigations for crops of illicit use; a decision motivated, in part, by pressure from U.S. President Donald Trump within the framework of the war on drugs.
Despite the various stages that must be carried out based on the guidelines given by Colombia’s Constitutional Court regarding an eventual reactivation of fumigations, like modifying the Environental Management Plan (PMA) and carrying out hearings with communities, these have not been fulfilled, since campesino and indigenous communities and civil society organizations have not been able to participate in virtual hearings with the government. On the contrary, the national government, through the Minister of Defense, Carlos Holmes Trujillo, announced in October of this year that aerial spraying will be resumed to combat drug trafficking.
Glyphosate spraying has been shown to be risky to human health, to negatively affect ecosystems, to threaten indigenous and Afro-descendant communities and their sacred territories, as well as the campesino economy and its efforts at alternatives to coca cultivation. The consequences in terms of food insecurity and the loss of productive capacity in rural areas have generated massive displacement within and outside of Colombia, with humanitarian impacts widely documented since 2000 by international organizations and governments of neighboring countries.
Glyphosate was classified by the WHO in 2015 as probably carcinogenic, and has been proven to cause death in animals essential to the preservation of the ecosystem, as well as in nearby water sources. Likewise, by affecting other non-illegal crops, it puts the food security of communities at risk and increases economic precariousness in these regions, thus generating forced internal and cross-border displacements and conflicts between public forces and the population, affecting the legitimacy of the state in these territories. All these consequences show how aerial spraying with glyphosate is a practice that leads to violations of the right to life, integrity and dignity of the population living in these regions, since it has also been proven to be correlated to respiratory diseases and miscarriages.
In addition, the Final Peace Agreement between the National Government and the former FARC-EP guerrilla group, which is part of the constitutionality bloc, in Point 4 on “Solution to the Problem of Illicit Drugs”, agreed to a Comprehensive National Program of Substitution of Illicit Crop Use -PNIS, which incorporates voluntary eradication and plans for immediate family care, which would be hindered and affected by the reactivation of glyphosate fumigation. It should be noted that glyphosate spraying has proven to be unsustainable over time, since it does not offer economic alternatives to the cultivating families, and its use is followed by a high percentage of replanting—the opposite of the case of voluntary substitution, for which it has been demonstrated that very few families return to illicit crops.
As if the adverse effects of glyphosate were not enough, the return to these practices makes even less sense when analyzing these methods’ effectiveness compared to their economic costs, since according to figures given by UNODC and the government itself, eradicating a hectare of crops with glyphosate costs 80% more than complying with a family’s voluntary crop replacement plan. In fact, the total estimated cost of carrying out voluntary crop substitution processes with 80,438 families is 2.8 trillion Colombian pesos, while between 2005 and 2014, 79.9 trillion were spent on aerial spraying with glyphosate.
For this reason, community, ethnic, human rights and environmental rights organizations reject the reactivation of glyphosate fumigation and call on the Congress of the Republic of Colombia, the Congress of the United States, and interested organizations to support alternatives to eradication and glyphosate fumigation, taking into account the innumerable scientific and community contributions that demonstrate the serious effects in terms of human and environmental rights, as well as the ineffectiveness of the war on drugs.
We share as an annex to this communication a brief but profound analysis of the serious consequences on the rights to life, integrity and dignity of the population in case of reactivation of glyphosate spraying in the country.
WOLA – The Washington Office on Latin America Elementa DDHH Alianza de Organizaciones de Mujeres Tejedoras de Vida del Putumayo Red en Movimiento: investigación y acción en migraciones La Consultoría para los Derechos Humanos y el desplazamiento (CODHES) Corporación Viso Mutop
 Red en Movimiento: Investigación y acción en migraciones is a network of academics from different universities and social organizations in Colombia that seeks to make a social and political impact on the public agenda and opinion around the phenomena of migration in the city and the country. It is integrated by researchers, professors and activists from the Pontificia Universidad Javeriana, Universidad de Los Andes, Universidad Nacional de Colombia, Universidad Externado de Colombia, and Universidad Santo Tomás.
 Today there is a complaint against the Colombian state before the Inter-American Human Rights Commission for the use of glyphosate that led to a campesino woman’s miscarriage. Meanwhile Monsanto (through its parent company Bayer) has been compelled by US courts to pay damages on several occasions for the causal relationship between the use of Roundup (a herbicide whose main component is glyphosate) and the development of cancer in several people, some of the most emblematic of whom are the cases of Dewayne Johnson, Edwin Haderman, and Alva and Alberta Pillod.
 Source: – UNODC. 2020. Comprehensive National Program for the Substitution of Illicit Crops – PNIS (report n° 21). Available at: https://www.unodc.org/documents/colombia/2020/Mayo/INFORME_EJECUTIVO_PNIS_No._21.pdf and Response of the Directorate for the Substitution of Illicit Crops to a freedom of information request of the House of Representatives. October 2018.
WOLA’s Adam Isacson had a conversation this week about peace and security in Colombia with Juan Sebastián Lombo, a reporter from the Colombian daily El Espectador. That newspaper posted an edited transcript of the interview to its site on the evening of November 26. Here’s a quick English translation.
“Measuring the drug trafficking problem by cultivated hectares is a mistake”: Adam Isacson
For Adam Isacson, head of the Defense Oversight Program at the Washington Office on Latin America (WOLA), we must also talk about the absence of the state, poverty, inequality, corruption, and impunity.
Last Monday, Defense Minister Carlos Holmes Trujillo again referred to drug trafficking as “Colombians’ main enemy” and asked to restart glyphosate spraying to avoid clashes with growers protesting forced eradication. Amid many different responses, from the United States came a questioning of Trujillo’s position, pointing out that the Colombian government should see the real causes of drug trafficking.
The criticism came from Adam Isacson, director of the Defense Oversight Program at the Washington Office on Latin America (WOLA). For most of Isacson’s career, he has focused on Colombia as a subject of study and has even accompanied several peace processes with different organizations, including that of Havana with the FARC. In an interview with El Espectador, Isacson discusses his criticisms of the Defense Minister’s position, gives WOLA’s perspective on human rights in the country, and even discusses their monitoring of the case of former President Álvaro Uribe.
Why do you say that the main problem in Colombia is not drug trafficking?
They are confusing a symptom with the causes. Drug trafficking is a serious problem in Colombia and has been since the 1970s, but it is much more important to think about why this illegal business thrives so much in your country. It is as if someone had cancer, but only focused on the resulting headaches. Why doesn’t the Minister of Defense talk about the vast territories where the state doesn’t reach? That is where coca is easily planted and laboratories are located. Why doesn’t he talk about poverty and inequality? Why doesn’t he talk about corruption and impunity? All this is the oxygen that drug trafficking breathes. To speak only of drug trafficking as the cause of all problems is 1980s rhetoric that’s very discredited. No one makes policy nowadays seriously thinking that ending drug trafficking is going to end the rest of the country’s problems.
Is Colombia wrong to continue with the same strategy then?
If prohibition were dropped and drugs were regulated, Colombia would probably do much better. The country has a certain problem of addiction to drugs like cocaine, but not as much as larger consumer countries. What Colombia suffers is that because it’s an illegal business, the cost of cocaine is high and that feeds organized crime, which corrupts everything. If it were a low cost, regulated product like alcohol, it would not cause so many problems. What we don’t know is if in the rest of the world the damage would be greater if it were legalized. How many more people would become addicted? How many would neglect their children? How many would die from an overdose? All these harms aren’t known. In the United States we are experimenting with legal marijuana, which is a drug with fewer health hazards. There is a fear of experimenting with more addictive drugs such as cocaine, methamphetamines, heroin, among others. That’s why we have to say that one doesn’t know how it would go for the world as a while, but for Colombia specifically there would be a net benefit if cocaine were legalized.
You also talk about the coca growers and the government’s fixation on one of the weakest links.
Measuring the problem in hectares of coca cultivation is a mistake. A more useful figure would be the number of families forced to live off of that crop, that’s the figure that needs to be lowered. The United Nations, in 2017, revealed that there were at least 120,000 families, or half a million Colombians, living off coca, whether they were farmers, raspachines, processors, or others. That figure must be lowered by offering alternatives. The State must also reach the territories to offer services and legal economy alternatives. Eradicating does not reduce much the number of families that depend on coca, because replanting, and migration to plant elsewhere, are enormous. So the hectare number stays high. You have to really think about opportunities for those families. The security and governance situation where these families live is also an important issue.
WOLA has been following the peace process.
As has been documented by foundations, legislators like Juanita Goebertus, and the United Nations, there is a lot of work to be done on implementation. What is most behind schedule is everything having to do with the first chapter: rural reform and the state’s presence in the territory. Of course, Dr. Emilio Archila is doing what he can, with the resources he is given to implement the PDETs, but four years later, too much still just exists on paper, in plans, and in PowerPoint presentations. It has not been possible to implement the accord in many places, much less establish the physical presence of the state. This is a long-term issue, but so far they are far behind where they should be after four years of setting up implementation investment and personnel. The presence of the government in places like Bajo Cauca, Catatumbo, Tumaco, and La Macarena, among others, is not seen. In some places it is limited to the presence of troops, and often not even that. That’s what’s most lacking. In each chapter of the accord there are successes and failures. An important effort has been made in the demobilization and reintegration process, but more needs to be done, although it should be noted that well below 10 percent of ex-combatants have gone to the dissidents. The JEP and the Truth Commission are working, but they need more support and budget.
And with regard to crop substitution…
It’s a mixed picture. It’s something that the Duque government didn’t like. They stopped allowing the entry of new families [into the substitution program]. The current administration complains that the Santos government was making promises that could not be financed, and that is true. But the pace of delivery to families who committed to replacement has been too slow.
Since you were talking about the JEP before, how have you seen its work and the attacks from the governing party?
The JEP has always had the challenge that it is the product of a compromise, which does not satisfy anyone 100 percent. Everyone had to “swallow a toad.” The criticisms of the JEP are also because it was a reason the plebiscite was rejected, it was born weakened. In spite of that I believe that its magistrates have shown great professionalism and have built a fairly robust institution from scratch in only three years. They have not made any major political mistakes. Patricia Linares and Eduardo Cifuentes are upright, serious and professional people. With the last confessions of the Farc (Germán Vargas Lleras, Álvaro Gómez, and Jesús Bejarano) it has been shown that there is hope of revealing unknown truths, and this must continue. The most important challenge is that although most magistrates are great academics, they do not have political heavyweights to defend them. Another important element is that next year the first sentences will be handed down and it has not yet been defined how the ex-guerrillas and military personnel who have been prosecuted will be punished. This will be very important for the credibility of the JEP.
How does the organization view the human rights situation in Colombia?
We are seeing more massacres, more murders of human rights defenders and social leaders compared to the prior 10 years. We knew that the first years after the peace accord were going to be more violent than the last years of negotiation, but one would hope that, after that, institutions would adapt and justice would begin to function so that levels of violence would begin to diminish. But we aren’t seeing this, there is no significant increase in the number of convictions of the masterminds behind massacres and murders of leaders. When this impunity persists, the consequence is that the murderers feel free to continue killing.
The numbers continue to snowball. It is worrying that we see the rights situation worsening. There are elements within Ivan Duque’s government who are concerned, but there is no major action in the Ministries of Defense and Interior, the latter with the National Protection Unit. It remains to be seen whether the new Ombudsman will continue with the same energy as his predecessor, I hope so. We have to say out loud what the United Nations and other governments have said diplomatically: Colombia is not improving in human rights and there isn’t enough political will on the part of the government to do so.
Returning to the issue at hand, President Duque has said that drug trafficking is the main cause for the assassination of social leaders. Is there a possible truth here, or is this another simplification of the problem?
Drug trafficking is a source of funding, probably the main source of funding, for organized crime. That, often in collaboration with individuals in “legal” Colombia, is the main cause of the assassination of social leaders in Colombia. So it can be said that drug trafficking finances much of what Colombia is experiencing, but organized crime also lives from extortion, kidnapping, human trafficking, illegal mining and so many other things that require control of a territory, which the state is not disputing.
I would also add that the organized crime groups behind all these human rights violations are a much more difficult enemy to combat than the FARC. The FARC at least tried to fight the state, but these groups prefer not to do that: they seek to have relations with the State, with local landowners, with local political bosses. They prefer to bribe and coerce the authorities instead of fighting them. This makes them harder for a state to combat, because its own institutions are infiltrated in a way that the Farc never managed to do. That’s why it must be said that to get rid of a few kilos of cocaine, while these organizations live off other businesses and infiltrate institutions, is very simplistic. I don’t know who would be fooled by such facile arguments.
Regarding Joe Biden’s victory in the United States, can this change the Colombian government’s position or actions?
I don’t know, because the Biden government places a high value on the bilateral relationship. It’s going to continue aid as usual and many of the counter-narcotics programs will continue as before. Trade is not going to be touched, it will probably expand. Colombia and the United States, as a country-to-country relationship, will be fine. But the Democratic Party and the Centro Democrático aren’t fine. Colombia saw Biden’s advisors and Democratic Party members calling on members of its ruling party to stop campaigning in Florida and to stay away from the U.S. presidential campaign.
Trump won Florida and two south Florida Democrats lost their seats, so there’s no love lost with the Centro Democrático. While the bilateral relationship will remain close, Biden and the Democrats will find ways to be a nuisance to the Centro Democrático. They are sure to talk more about issues that the Duque government would rather not touch, like implementing the peace accord, protecting social leaders, cleaning up the Army after so many scandals. They might even speak out about the Uribistas’ attempts to weaken the judicial system in the case of their leader.
Speaking of the Uribe case, WOLA announced it would do special monitoring of this judicial process. Why does a judicial action against a former president for alleged manipulation of witnesses have such importance and international relevance?
For Colombia it’s an important case because it is a great test for the independence of the judiciary and the principle that no one is above the law. This process would also answer many questions about the past of Álvaro Uribe and his associations. It is an opportunity to learn the truth about the rumors of his possible relationship, and those of his closest associates, with paramilitarism. All of these things must come out through a legal process. It is a great test for Colombian democracy. We are experiencing something similar here with our outgoing president. We are going to see if the legal and ethical violations he has committed can be prosecuted by our justice system.
In four months of monitoring, what have you observed?
Nothing new has emerged for us. When we say that we are doing monitoring, it does not mean that we have investigators on the ground. Although there is something of concern: that Uribe’s family has hired a lobbyist here. We have seen that a former Florida congressman has published some things attacking Ivan Cepeda. They have sought to educate other Republicans in favor of Uribe. What is worrying about this is that they are looking to create solidarity between politicians with a populist and authoritarian tendency. A “Populist International” is being formed, and we see this in this effort to name a street after Alvaro Uribe or to issue tweets celebrating his release from house arrest. It is a sign that they don’t care about justice but about authoritarianism. The Bolsonaristas in Brazil are part of this too.
The Senate Appropriations Committee released a draft of its version of the 2021 aid bill this morning. And two weeks ago, a Congressional Research Service report revealed new data about Defense Department assistance.
The 2021 aid bill hasn’t become law yet, and might not until the next presidential administration. This table depicts the White House’s February request and the House and Senate versions of the bill. The two chambers’ amounts don’t differ widely.
Both the House and Senate packages would dedicate less than half of 2021 aid to Colombia’s military and police. This is a big contrast from the peak years of Plan Colombia between 2000 and 2015, when military and police aid in some years exceeded 80 percent of the total.
2020 transfer of aid from Central America: we’ve heard it from legislative staff, but the only document we can cite right now is coverage of an October 2019 announcement by Secretary of State Mike Pompeo in Colombia’s El Tiempo.
Not reflected here is assistance to Colombia to manage flows of Venezuelan refugees.
As though the Cold War never ended, Donald Trump has accused Joe Biden of being a “communist” during the election campaign.
The accusation is ridiculous: Biden is part of the centrist wing of the Democratic Party; in 2000 the human rights community criticized him for vigorously supporting the military component of Plan Colombia. And of course Biden is strongly opposed to Nicolas Maduro.
But we know that Trump doesn’t care about the truth. On October 10 he tweeted, “Joe Biden is a PUPPET of CASTRO-CHAVISTAS (…) Biden is supported by socialist Gustavo Petro, a major LOSER and former M-19 guerrilla leader. Biden is weak on socialism and will betray Colombia.”
That same day, the president-candidate congratulated Alvaro Uribe upon being freed from his house arrest and said that he was “an ally of our Country in the fight against CASTRO-CHAVISMO!”
In an October 12 speech in Florida, Trump said: “My opponent stands with socialists and communists.… The last administration also negotiated the terrible Obama-Biden Santos deal with Colombian drug cartels. They surrendered to the narco-terrorists. They surrendered, totally gave up to them, and that caused illicit drugs all over this country. Joe Biden even received the endorsement of Colombian socialist Gustavo Petro, a former member of the M19 Guerrilla organization. And he took it, because you know why? he didn’t know who the hell it was. He said, ‘I’ll take it. I’ll take whoever. And they said, no, he’s a bad guy, Joe. He’s actually a bad guy.’”
During his campaign, Trump has released Spanish-language videos targeting the Hispanic community:
A Spanish-language video from his campaign entitled “Castrochavismo,” repeating what he said in his speech.
In another video from August, Mercedes Schlapp thanks Gustavo Petro for making it clear that he supports Biden. Schalapp is a right-wing activist from a Florida Cuban-American family. Her husband heads the American Conservative Union, one of the country’s leading far-right think tanks.
The Latino vote in Florida, a decisive vote
Why does Trump use the word “Castrochavismo,” invented in Colombia by Uribismo? The answer is: Florida.
In the semi-democratic U.S. system, a candidate can be president even if he doesn’t have a majority of votes, if he wins a majority of states—as Trump did in 2016 and Bush did in 2000. It takes 270 electoral votes to be elected, and Florida represents 11% of that number.
Trump has no chance of being re-elected on November 3 if he does not win the state of Florida and its 29 electoral votes.
For Trump, the polls show a possible humiliating defeat due to his failed response to COVID-19 and a host of political and personal offenses. That’s why Joe Biden has a nationallead of more than 10 percentage points. In Florida, a somewhat more Republican-leaning state than average, Biden has a smaller lead of 3 or 4 points.
Florida, in turn, is a state where elections are often very close, so the vote of the Latino community—approximately 2.4 million voters—is a really decisive factor.
Biden has an important, but not huge, advantage in the Latino community: 54% to 43%, according to a survey released by St. Pete Polls on October 12, which gave Biden a 49-47 advantage among all voters in the state.
To win in Florida, Trump has to decrease the number of Latinos voting for Biden. And this is not impossible: Even though Biden has a two-to-one margin in national polls of Latino voters, that population in Florida tends to be more to the right.
The Colombian Right in Florida
In Florida, Cuban Americans are the largest ethnic group of Latino voters, followed by Puerto Ricans, Mexicans and, in fourth place, Colombians. The Venezuelan community is also growing rapidly.
Unlike Puerto Ricans and Mexicans, Cubans, Colombians, and Venezuelans are more likely to have upper-middle class origins. To emigrate, they generally had enough money to pay for a plane ticket and hire an immigration attorney. Many fled from leftist regimes, like Cubans, Nicaraguans, and Venezuelans. Others, like the Colombians, fled kidnapping, extortion, and insecurity during the FARC’s zenith.
Many members of that population are frightened off by any odor of communism or socialism. Their right-wing views are strengthening thanks to Miami radio programs, extremist publications inserted into newspapers, and messages or memes shared on Facebook, WhatsApp and other social networks.
The results of the 2018 Colombian elections and the 2016 plebiscite show a trend toward uribismo among Colombians in the United States who are eligible to vote in Colombia. In the United States, Duque won the first round in 2018 with 71% of votes, and the second round with 85%, while “No” won the 2016 plebiscite with 62%.
The Colombian community in the United States sometimes supports Democratic candidates, but has an affinity with the Centro Democrático party. That is why Trump’s campaign uses the label “Castro-Chavismo” and accuses Biden of being a communist.
Uribe behind the scenes
Journalist Tim Padgett has investigated this direct connection between the Centro Democrático and the Trump campaign: how else would Trump know about the existence of Gustavo Petro, an “Obama-Biden-Santos pact,” or the word “Castro-chavista”?
Padgett says that the key moment was a dinner for Alvaro Uribe with Senator Marco Rubio and House member Mario Diaz-Balart, both legislators from the Cuban-American Republican right. According to Juan Pablo Salas, a Colombian analyst, “Before Alvaro Uribe came to Miami in 2016, nobody would have attempted to accuse Joe Biden of being a communist. Now it’s not only possible, it’s having success….. Alvaro Uribe really moved the ball.”
Although it is not clear who has transmitted Uribe’s messages from Colombia to Florida, it seems that Schlapp, Democratic Center Senator Maria Fernanda Cabal, and Juan David Velez, the congressional representative for Colombians abroad, are key figures.
Response and consequences
Biden’s supporters in Florida’s Colombian and Venezuelan communities have tried to counter the Republican attacks. They have endured abuses in social media and in their communities, but insist that Trump’s authoritarianism is tantamount to what made them flee their home countries.
We will see in November if that argument proves effective and convincing. Meanwhile, Biden continues to do well in the polls.
If Biden wins, relations between Colombia and the United States will remain close and cordial. Washington has invested heavily in maintaining this bilateral relationship in a region of strategic importance. But some members of Biden’s team, who have complained of Uribe’s interference in the campaign against him, would likely loosen ties between the two countries.
While the U.S.-Colombia relationship would remain close, the relationship between Biden and Duque and the Centro Democrático would be distant. Juan Gonzalez, an advisor to Biden, says, “I actually think that relationship between President Obama and President Uribe was sometimes complicated.” The same could happen between Biden and Duque.
An example of this “cordial but distant” tone was seen in June 2009, when President Uribe visited Washington. When Uribe and Obama received journalists in the Oval Office, Colombian journalist Natalia Orozco asked both of them about Uribe’s ambition for a second re-election. Obama said that while it was an internal Colombian issue, “We know that our experience in the United States is that two terms works for us and that after eight years, usually the American people want a change.” Obama hit Uribe’s aspirations hard.
That willingness to stay distant from the Centro Democrático, and even to damage its agenda, may be characteristic of a Biden administration.
Although Biden has a high probability of winning, what might happen with the Colombian-American vote in Florida is uncertain. In that state, the outcome will be a major test of whether uribismo’s cold-war throwback strategy of “Castro-chavismo” can be exported to other contexts. And therefore, whether it might be replicated in Colombia’s own 2022 presidential elections.
U.S. authorities decide to deport Salvatore Mancuso, the former maximum head of the United Self-Defense Forces of Colombia (AUC) paramilitary confederation, back to Colombia. Then-president Álvaro Uribe extradited Mancuso and 13 other AUC leaders to the United States in 2008. Mancuso completed his U.S. prison sentence for drug trafficking in January, and has been in ICE immigration custody pending deportation since then.
The decision to deport to Colombia reverses an earlier U.S. intention to deport Mancuso to Italy, as the former paramilitary, a dual citizen of both countries, had requested. Mancuso immediately appeals to remain in the United States under the Convention Against Torture, claiming a fear for his safety if returned to Colombia.
Colombian government errors in requesting the extradition spur speculation in somequarters that the Duque government is reluctant to see Mancuso back in Colombia, where he might further reveal past cooperation between political elites and paramilitaries. Mancuso remains detained in ICE’s detention center in Irwin county, Georgia.
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 toldBusiness 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 toldBusiness 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, includingEl Tiempo, El Espectador, andSemana. 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.
This past July, in a powerful show of force, 94 members of the United States House of Representatives sent a letter to Secretary of State Michael Pompeo outlining grave concerns about the status of Colombia’s peace process.
The letter’s message, and the sheer number of signatories on it, sent shockwaves through Colombia. Shortly thereafter, in an interview in The Hill, Colombian President Iván Duque responded to congressional alarm by dismissing it as a product of U.S. electoral politics. His cavalier response underscored the point of the letter: Colombia’s peace is disintegrating because the Duque administration is failing to protect those working to sustain it.
The social leaders, Afro-Colombian and Indigenous activists, and human rights defenders doing the grassroots work of building peace in Colombia’s marginalized communities are being systematically targeted and assassinated. More than 400 social leaders have been killed since the signing of the peace accords, including 170 so far this year according to Colombian NGO Indepaz. The UN High Commissioner for Human Rights, whose data the Colombian government prefers, has identified a lower number of social leaders killed this year—but pending deaths that need verification, it notes a potential 70 percent increase in murders in the first half of 2020 compared to the first half of 2019.
Among those killed this year is Marco Rivadeneira. He was assassinated while promoting voluntary coca substitutions programs—a key facet of the peace accords and a shared goal of the United States and Colombia—in a community meeting. His relentless efforts to implement these programs in Putumayo, a region where cocaine trafficking groups dominate, earned him credible death threats. He requested help from Colombia’s National Protection Unit, an agency that protects threatened social leaders. He never received it.
Four months after Marco Rivadeneira’s murder, no one has been brought to justice. What’s more, the Duque administration has engaged in policies that undermine Mr. Rivadeneira’s work. Rather than protect and support the 99,097 Colombian families who have signed up for voluntary coca substitution programs, the Duque administration is trying to restart an ineffective aerial eradication program that could decimate the health and sustenance of entire communities. Many of these communities are earnestly interested in voluntary eradication, but live without basic services.
Marco Rivadeneira’s story is a microcosm of peace in Colombia today.
Social leaders are pushing for voluntary coca substitution programs in regions controlled by cocaine traffickers. They’re seeking land, labor, and environmental rights in communities where extractive industries like mining operate. They’re finding justice for the millions of human rights abuses committed during Colombia’s 52-year conflict. Every day, their work directly challenges the power of violent interests in Colombia.
The Duque administration can support the work of social leaders by prioritizing the full implementation of the 2016 peace deal. It can better protect them by bringing those responsible for ordering attacks against social leaders to justice. Instead, the Duque administration is undermining them.
During the COVID-19 pandemic, threatened social leaders have reported that their government-provided protective details have withdrawn, leaving them exposed to credible danger. Last year, the Colombian Attorney General’s Office launched 753 active investigations into threats against social leaders; only three resulted in convictions.
The Duque administration has also made social leaders’ work more difficult. Institutions tasked with uncovering human rights abuses during the Colombian conflict and guiding the truth and reconciliation process face drastic budget cuts. A critical development vehicle designed in conjunction with impacted communities—called Development Plans with a Territorial Focus—is operating at a fraction of its cost.
The reality on the ground is clear: since signing its historic peace accords, Colombia’s grasp on peace has never felt so tenuous.
The 94 members of Congress who signed the letter to Secretary Pompeo expressed legitimate alarm about peace in Colombia. The U.S. House of Representatives was right to act on that concern by generously funding peace implementation in the 2021 Foreign Operations appropriation, and by including amendments in the National Defense Authorization Act to defund aerial fumigation operations in Colombia and investigate reports of illegal surveillance by Colombian military forces.
It is critical that the United States Congress take a further step. It must proactively work with the Colombian government to aggressively protect social leaders, Afro-Colombian and Indigenous activists, and human rights defenders. Without their grassroots work securing land reform, labor rights, environmental rights, and justice, peace in Colombia is not possible.
U.S. and Colombian civil-society organizations release Protect Colombia’s Peace, a joint report calling on the U.S. and Colombian governments to do more to implement the 2016 peace accord and to protect threatened social leaders. “The U.S. government’s diplomatic efforts in Colombia helped pave the way for peace, and this wise investment should not be wasted,” the report advises.
On July 23, the Latin America Working Group (LAWG), alongside the Washington Office on Latin America (WOLA) and 22 other international and local civil society organizations, published a report entitled, Protect Colombia’s Peace.
The report outlines the current challenges of Colombia’s peace process, including: the obstacles to fully reintegrating ex-combatants, despite advances; the very partial implementation of the ethnic chapter and gender provisions; the increasingly dire situation of human rights defenders; the halting implementation of rural reforms; the return to drug policy solutions that are not sustainable and undermine the accords; and the impact of the Venezuelan refugee crisis on Colombia.
The U.S. and the international community can play a critical role in catalyzing support for a sustainable peace, only if they boldly encourage compliance with the 2016 peace accords.
Key recommendations in the report advocate for U.S. aid and stronger diplomacy to call on the Colombian government to implement the peace accord’s ethnic chapter and gender provisions, ensure justice for the victims of the armed conflict, protect human rights defenders, advance sustainable drug policy and rural reforms to reach Colombia’s small farmers and Afro-Colombian and Indigenous communities, end abuses by the Colombian armed forces, and dismantle the paramilitary successor networks.
The U.S. government’s diplomatic efforts in Colombia helped pave the way for peace, and this wise investment should not be wasted.
Read the full report in English here. Read the executive summary in English here.
Protejan la paz en Colombia: Nuevo informe con recomendaciones claves para la política estadounidense
El 23 de julio, el Grupo de Trabajo de América Latina (LAWG), junto con la Oficina en Washington para Asuntos Latinoamericanos (WOLA) y otras 22 organizaciones internacionales y nacionales de la sociedad civil, publicaron un informe titulado, Protejan la paz en Colombia.
El informe describe los desafíos actuales del proceso de paz en Colombia que incluyen: los obstáculos para lograr la plena reintegración de los excombatientes, a pesar de los avances; la muy incompleta implementación del capítulo étnico y las disposiciones de género; la situación cada vez más difícil de los defensores de los derechos humanos; la vacilante implementación de las reformas rurales; el regreso a las soluciones de políticas de drogas que no son sostenibles y debilitan el acuerdo; y el impacto de la crisis de los refugiados venezolanos en Colombia.
Los Estados Unidos y la comunidad internacional pueden desempeñar un papel fundamental para catalizar el apoyo a una paz duradera, solo si actúan con determinación para impulsar el cumplimiento del acuerdo.
Las recomendaciones claves en el reporte abogan por la cooperación de Estados Unidos y una diplomacia más fuerte para pedirle al gobierno colombiano que implemente el capítulo étnico y las disposiciones de género del acuerdo de paz, garantice la justicia para las víctimas del conflicto armado, proteja a los defensores de los derechos humanos, promueva una política de drogas sostenible y reformas rurales para alcanzar a los campesinos y las comunidades afrocolombianas e indígenas de Colombia, ponga fin a los abusos de las fuerzas armadas colombianas y desmantele las redes sucesoras de los paramilitares.
Los esfuerzos diplomáticos del gobierno de los Estados Unidos en Colombia ayudaron a allanar el camino hacia la paz y esta sabia inversión no debe desperdiciarse.
Lea el informe completo en español aquí. Lea el resumen ejecutivo en español aquí.