Cross-posted from WOLA’s colombiapeace.org site. During at least the first half of 2021, we’re producing weekly updates in English about peace accord implementation and related topics. Get these in your e-mail by signing up to this Google group.
JEP finds a large number of “false positive” killings
Colombia’s post-conflict justice system (JEP) issued a dramatic order on February 18, explaining how it plans to investigate and prosecute its “Macro-Case 03: Deaths illegitimately presented by state agents as combat casualties.” These war crimes, called “false positives,” involved security-force (usually Army) personnel killing civilians, then presenting the dead as armed-group members killed in combat, in order to earn rewards.
The JEP’s most surprising finding was its topline number. Security forces murdered at least 6,402 civilians, the tribunal contends, in the seven years between 2002, the first year of Álvaro Uribe’s presidential administration, and 2008, when a scandal involving 19 murdered young men from a poor neighborhood on Bogotá’s outskirts broke the scandal open.
6,402 is equivalent to about half of the 12,908 armed-group members whom Colombia’s Defense Ministry claimed to have killed between 2002 and 2008. It is nearly triple the 2,248 cases, dating from between 1988 and 2014, that Colombia’s Prosecutor-General’s Office (Fiscalía) had shared with the JEP. Colombian human rights organizations called the Fiscalía’s undercounting “infuriating.”
The actual number is probably higher than 6,402; the JEP “is still receiving reports to contrast” with its database, La Silla Vacía reports, adding, “For each, the JEP has already identified the name, surname and identity card number,” and each appears in at least three of four governmental and non-governmental databases the tribunal consulted. In addition, some FARC members who demobilized during that period may have been killed later and counted as combatants. And many more cases may still be in the files of the military justice system, not the civilian Fiscalía.
On January 28, the JEP had indicted seven top FARC leaders for their role in kidnappings, with the intention of moving down the chain of command to on-the-ground perpetrators. The false positives investigation, though, is to go “bottom up,” starting with soldiers and officers, then moving up the ladder to top commanders who, today, deny any responsibility for the killings. (The FARC leaders, by contrast, appear poised to accept responsibility for kidnappings.)
That means proving that the practice of killing civilians to receive rewards, a phenomenon that the UN and other human rights monitors began denouncing around 2004, was systematic—a claim given new credibility by the startlingly high number of 6,402 cases. With this order complete, the JEP is to focus its investigations on Antioquia, the Caribbean coast, Norte de Santander, Huila, Casanare, and Meta.
Ex-president Uribe, calling the JEP order “another outrage,” denied responsibility for the killings, saying that while of course he placed strong demands on the military, “effectiveness is not an excuse to violate the law.” The UN High Commissioner for Human Rights, and some NGOs and victims’ groups, hailed the JEP’s action. A statement from several groups worried, though, that the JEP’s “bottom up” approach might go too slow, failing to touch the military’s top ex-commanders before the tribunal’s 10-year mandate ends in 2028.
Opposition legislators’ report finds peace accord implementation slipping behind
Fourteen Colombian legislators from the political opposition, spanning six parties, issued the latest in a series of data-rich reports monitoring the government’s compliance with commitments made in the 2016 peace accords. The driving force behind these reports is Green Party Representative Juanita Goebertus, who was a member of the Colombian government’s negotiating team with the FARC in Havana.
The official most responsible for accord implementation in President Iván Duque’s government, High Counselor for Stabilization Emilio Archila, challenged some of the legislators’ claims with a point-by-point Twitter thread, to which Rep. Goebertus then responded with a point-by-point rebuttal thread.
The report finds the Colombian government falling further behind in implementing the accord, especially its provisions related to rural governance and crop substitution. Among its numerous findings:
- Colombia’s Congress has yet to pass 38 percent of laws required to implement the accord, including 21 of 36 laws required to carry out its first chapter on rural reform and territorial governance, a vital element given the heavily rural nature of the conflict. This chapter is estimated to comprise 85 percent of the total cost of implementing the accord.
- The Territorially Focused Development Plans (PDETs), a core strategy meant to bring governance and development to 16 conflict-battered regions over 15 years, are running badly behind schedule. The government is spending less than 2 percent of what it should be to maintain a 15-year pace on the largest item, infrastructure projects. While Archila insisted that these projects are being completed at a healthy pace, Goebertus said that pace slowed by 46 percent in 2020.
- In only 3 of 16 PDET zones has the government completed a promised “roadmap” document needed to speed up investments, and no PDET projects have begun in the highly conflictive central Pacific coast region.
- The government is formalizing smallholders’ land properties at 29.5% of the pace that fulfillment of the peace accord’s promised 7 million hectares would require, and only 4 of 170 PDET municipalities have yet had landholdings mapped out in a promised cadaster.
- The accords’ crop substitution program promised assistance with productive projects, starting 12 months in, for families who eradicated all their coca. In year four, only 5.3% of families have received productive project support.
- 54.5 percent of guerrilla ex-combatants have not received government support for productive projects. Archila says that 6,172 people—about half of ex-combatants—have benefited from productive projects, and “1,214 people, who still haven’t formulated a project, have jobs.”
Draft decree outlines resumption of aerial herbicide fumigation
Since taking power in August 2018, President Iván Duque and his government have vowed to re-start spraying the herbicide glyphosate from aircraft to eradicate coca. A U.S.-backed “fumigation” program, a significant part of the “Plan Colombia” strategy, operated from 1994 to 2015.
Public health concerns forced the program’s suspension that year. In 2017, Colombia’s Constitutional Court then laid out a series of six health, environmental, consultation, and safety requirements that the government would have to meet in order to restart the program. One of those steps is the emission of a decree laying out how fumigation would operate. The government produced an 11-page draft decree in December 2019, but never issued a final document. On February 15, the Justice Ministry produced a new, 20-page, draft decree.
This document prohibits spraying in “the National and Regional Natural Park Systems, strategic ecosystems such as páramos, Ramsar category wetlands and mangroves, bodies of water, and population centers.” It does not mention indigenous reserves or Afro-Descendant community council lands. As the Constitutional Court requires, it calls on Colombia’s National Health Institute (INS, roughly similar to the CDC) and environmental authority (ANLA) to sign off on the spray program’s safety after performing studies, which have been underway since at least early 2020. The Counternarcotics Police would have to provide monthly spray reports to the ANLA, the Ministry of Health, and other oversight agencies.
Colombia’s new defense minister, Diego Molano, recently insisted that all conditions for re-starting spraying might be met by late March, but experts interviewed in Colombian media see approval being delayed for months more. “This decree won’t accelerate the process,” María Alejandra Vélez of the University of the Andes’ Center for Security and Drug Studies (CESED) told El Espectador.
The draft decree is just one of several unmet criteria, including the INS and ANLA sign-offs and a green light from the multi-agency National Drugs Commission (CNE). Via the Colombian equivalent of a Freedom of Information Act request, Isabel Pereira of DeJusticia learned that, as of September, the INS health study had only completed work in 7 of 14 departments where fumigation was expected to occur. The ANLA approval, meanwhile, is being delayed by two court challenges seeking to uphold vulnerable communities’ ability to participate in the process.
Should the Duque government meet all of the Constitutional Court’s requirements to restart fumigation, there will be legal challenges—and it’s not certain whether the Court will approve of the program’s design. Its rulings have noted that glyphosate spraying, as the 2016 peace accord explains, is meant to be a last resort after other options have received higher priority, like voluntary crop substitution and manual eradication. The draft decree does not mention this prioritization. Nor does it mention prior consultation with indigenous and Afro-descendant communities, an omission that the Constitutional Court may object to, Vélez contends.
- In public statements, Venezuelan leader Nicolás Maduro criticized Colombia’s decision to grant a legal status to Venezuelan migrants inside Colombia, calling it a “clown show” and accusing President Iván Duque of using it to “clean up his image.” Maduro also said he’d told his country’s armed forces to “clean the barrels of our rifles to answer at any level we need,” in response to Duque’s announcement of a new elite army unit to go after armed group leaders who spend a lot of their time in Venezuela.
- The Colombian government submitted a report to the JEP finding that the former FARC is lagging badly behind its commitments, under the peace accord, to turn in illegally obtained assets. The Comunes party replied that the government’s imposed deadline of December 31, 2020 was “impossible to meet due to legal and physical constraints,” like security conditions in areas where the ex-FARC assets are located.
- Two Colombian think tanks, CINEP and CERAC, which play a formal role in verifying implementation of the peace accord, issued their eighth in a series of data-heavy reports.
- The ambassador to Colombia of Norway, which along with Cuba was a guarantor nation for peace talks with the FARC and ELN guerrilla groups, voiced perplexity that Colombia’s government did not respond positively to Cuba warning of intelligence pointing to a possible ELN attack in Colombia. Meanwhile, Colombia’s Foreign Ministry put out a communiqué noting a tense meeting with Cuba’s ambassador and reiterating a demand that Cuba provide more information about the purported imminent attack.
- Writing for Razón Pública, four analysts from the Fundación Ideas para la Paz disputed claims that the ELN might be in danger of collapsing under its own internal divisions.
- Colombia’s left-of-center political parties have been reluctant to enter into coalitions with the ex-FARC political party, Comunes, for the March 2022 presidential and congressional elections, La Silla Vacía reports.
- Fighting between FARC dissidents and the Gulf Clan Neo-paramilitary group displaced more than 250 people from the rural zone of the chronically violent municipality of Ituango, in north-central Antioquia.
- Colombia’s GDP contracted 6.8 percent during 2020 due to the pandemic—the worst year since records began in 1905—though it expanded 6 percent during the final quarter of the year.