Adam Isacson

Defense, security, borders, migration, and human rights in Latin America and the United States. May not reflect my employer’s consensus view.

Archives

Colombia

New Report: Migrants in Colombia: Between government absence and criminal control

WOLA has just published a report about migration to, through, and from Colombia, based largely on fieldwork that colleagues and I did in the Colombia-Ecuador and Colombia-Panama border regions in October and November 2023.

(Did I have to go on work sabbatical to find the time to finish this report and get it out the door? No comment.)

I think it turned out great: it’s loaded with facts and images, and had a lot of reasonable policy recommendations for a situation that promises to remain extremely challenging for quite some time.

The text of the Executive Summary is below. Read the whole thing as a web page, a PDF, or un resumen en español.

EXECUTIVE SUMMARY

For this report, WOLA staff paid a two-week research visit to Colombia’s borders with Panama and Ecuador in late October and early November 2023. Here are 5 key findings:

1. Organized crime controls the migrant route through Colombia. From the informal crossings or trochas at the Ecuador border to every step of the way through the Darién jungle border with Panama, violent criminal groups are in control. That control is dispersed among many groups near Ecuador, and concentrated in a single, powerful group—the Gulf Clan—in Colombia’s Darién region. Their profits from migrants now sit alongside cocaine and illicit precious-metals mining as a principal income stream for Colombia’s armed and criminal groups, some of which the International Committee of the Red Cross considers parties to armed conflicts. [1]

2. The Colombian state is absent from both border zones, although this is a reality that we have observed in past fieldwork in many of Colombia’s zones of armed conflict and illicit crop cultivation. The national government is not doing enough to manage flows, determine who is passing through, or protect people at risk. At all levels of government, responsible agencies are poorly coordinated and rarely present. Checkpoints, patrols, and detentions are uncommon, but so are humanitarian services and access to protection. Despite ambitious plans to “introduce the state” to conflictive areas—most recently, Colombia’s 2016 peace accord—key points along the migration route are vacuums of governance that get filled by armed and criminal groups.

3. Colombia faces challenges in integrating Venezuelan refugees and migrants. Amid Venezuela’s collapse, Colombia’s humanitarian response to fleeing Venezuelans remains more complete and generous than those of much of South America. However, the Colombian government’s recent trajectory is troubling. It is now harder for Venezuelans—especially more recent arrivals—to get documentation and to access services in Colombia. Pathways to permanent residency, including asylum, barely exist. As those efforts lag and people fail to integrate, more are joining in-transit migrants, attempting the dangerous journey north.

This reality has a differentiated and more severe impact on the more than a quarter of people transiting Colombia, or seeking to settle in Colombia, who are adult women—especially women heads of migrant households—and the nearly a quarter who are children. The risk of physical harm including sexual violence, or of enduring hunger or lack of access to health care, is much more challenging for women, Black, Indigenous, and LGBTQ+ migrants.

4. At the same time, U.S. supported initiatives to help Colombia integrate migrants, to open up legal migration pathways for some who wish to come to the United States, and to encourage greater cooperation and collaboration between states seeking to manage this moment of heavy migration are promising. However, we note that at the same time, the U.S government orients much of its diplomatic energy and security programs toward minimizing the flow and discouraging Colombia and other states from making the journey more orderly, for fear that it might encourage more to travel. As a result, governments and migrants receive a muddled, unclear message from Washington that, for migrants, can be drowned out by poor-quality information gleaned from social media.

5. Resources to help Colombia and other nations along the migrant route are scarce, meeting only a fraction of projected needs—and they are shrinking as wars elsewhere in the world draw humanitarian resources away.

Countries like Colombia that are experiencing large amounts of U.S.-bound migration have a very difficult needle to thread. Blocking migrants is a geographic impossibility and would violate the rights of those with protection needs. Providing a managed “safe conduct” and an orderly transit pathway with robust state presence would prevent today’s immense harms and loss of life while cutting organized crime out of the picture—but the impression of “green-lighting” migration alarms the U.S. government. While some states do something in between: some measure of blocking, detaining, and deporting that dissuades few migrants but creates robust opportunities for organized crime, human traffickers, and corrupt officials who enable them, Colombia is leaning into an additional option: do little to nothing, with minimal state presence, leaving a vacuum that armed and criminal groups are filling.

This poor menu of options for managing in-transit migration leads WOLA to recommend some version of “safe conduct,” even a humanitarian corridor—but with an end to Colombia’s hands-off, stateless approach. Creating a safe pathway through Colombia must come with vastly increased state presence, far greater implementation of migration policies from a protection and human rights approach, dramatically improved cooperation between governments, and strongly stepped-up investment in integrating people who would rather stay in Latin America.

Until it expands legal migration pathways and vastly improves its immigration court system’s capacity, much migration will be forced into the shadows. This situation will worsen further as the Biden administration implements a June 5, 2024 ban on most asylum applications between the U.S.-Mexico border’s ports of entry. In that context, the United States must be more tolerant of efforts to provide safe conduct to migrants. U.S. tolerance of such approaches, though, would hinge on big changes to the “neglect migrants in transit,” “de-emphasize integration,” and “cooperate minimally with neighbors” status quo in Colombia and elsewhere.

Read the whole thing as a web page, a PDF, or un resumen en español.

Medellín’s Comuna 13, 22 Years After Operación Orión

I’m off to the airport shortly to return to the United States. I had a few hours off here in Medellín today, though, to see an important part of the city that I’d visited in 2006 and 2013. Here are some quick notes.

Comuna 13 is a set of neighborhoods on the western edge of the city, first settled—often by forcibly displaced people—in the 1970s and 1980s. It was a “no go zone” for the rest of the city for many years, known for government neglect and gang violence. Guerrilla militias were dominant in the 1990s. Then, in 2002, the new government of Álvaro Uribe launched an intense military offensive in the neighborhood, “Operación Orión.” Soldiers and police fought hand-in-hand with brutal paramilitary groups to root out the guerrillas. Dozens were killed and disappeared; people still find bodies buried nearby.

The paramilitaries took over criminality in the neighborhood, which today continues to have a heavy gang presence. But Medellín’s mayors also started investing very heavily in Comuna 13, integrating these abandoned areas into the city’s civic and economic life, often working with community organizations.

See a report from my 2006 visit to Comuna 13 here (starting on page 11), with some photos of what the neighborhood looked like then. See, in Spanish, the National Center for Historical Memory’s report on Comuna 13 in 2001-2003.

Photos from my 2006 report.

So anyway, it was jarring to see the neighborhood now, after so many years. It is far more peaceful and prosperous, as gang disputes have eased and the government’s investments have borne fruit.

But most bizarrely, Comuna 13 is now a tourist destination. Not really because of its violent history—though hired guides will tell you about what happened there—but because it is accessible, has great views, and offers casual travelers a gritty, edgy, graffiti-artist atmosphere that you don’t find elsewhere in this business-friendly city of expressways and shopping centers.

So where not so long ago there were running battles and forced disappearances, you can take a series of escalators to areas stuffed with the kinds of bars and shops where you can buy a cannabis-infused beer and a Pablo Escobar t-shirt, or get tattooed. (There are more creative sites there too, but they’re being crowded out by a lot of stuff that…well, let’s just say it’s not for me.)

Comuna 13’s poverty is still there, very much in plain view, which makes the party vibe even more jarring. What I saw today is preferable to what I saw in 2006, but Comuna 13 is still, without a doubt, a very hard place to grow up or raise a family.

I’m glad I saw it, and I’m glad that Comuna 13 is now easy to get to from the rest of Medellín, and is now considered an important part of the city.

At a Migration Conference in Medellín

Here are a few things I learned from fellow panelists at today’s sessions of a migration conference at the Universidad de Antioquia in Medellín.

Me (back, 2nd from left) with some of the conferencistas.

  • The largest number of people traveling through the Darién Gap get their information about the migration route through word of mouth, followed by WhatsApp, followed by other social media, followed by more reliable sources like humanitarian groups.
  • Of all major Colombian cities, Medellín is where business owners report being least willing to hire migrants.
  • In Medellín’s north-central Moravia neighborhood, organized crime demands larger extortion payments from Venezuelan small business owners than from Colombians. Most Venezuelans in the neighborhood do not intend to stay in Colombia: they either want to return to Venezuela if things improve, or they plan to move on. So they tend to choose not to mix into community life.
Poor hillside neighborhoods in northeast Medellín’s Comuna 3.

  • Among Venezuelan migrants in Colombia, there is a strong correlation between being a woman and the likelihood of being a victim of violence, including sexual violence.
  • Many Venezuelan LGBTQ+ migrants are fleeing attacks and discrimination, especially trans people who have it very bad there. But they more often cite “sexual liberation” or the availability of medical treatments, like HIV retrovirals, as their reasons for coming to Colombia.
  • Armed and criminal groups causing a lot of displacement and cross-border migration along Colombia’s remote southeast border with Venezuela and Brazil include FARC dissidents’ 10th front, the ELN, Brazil’s Garimpeiros, Venezuelan “sindicatos,” and Venezuela’s armed forces. All are profiting from illicit precious-metals mining and other environmentally disastrous practices, principally on the Venezuelan side of the border and usually in Indigenous territories. States are either absent, or part of the problem.
An ibis crosses my path at the University of Antioquia.

Hallway graffiti at the University reminds us to “unite under Maoism” and “down with revisionism.”

Video of Today’s Panel on Migration in Medellín

Here’s today’s panel at Medellín, Colombia’s Universidad de Antioquia, where I presented with Carolina Moreno of Bogotá’s Universidad de los Andes. (It’s in Spanish, which means that viewers have to puzzle through my Spanish. I’m not much more articulate in English, honestly.)

Until I ran out of time, I spoke about current migration trends, what’s happening with U.S. border and migration policy, and the poor choices that countries have for managing in-transit migration.

You can download a PDF file of the slides I used at bit.ly/2024-adam-unal-med.

My deepest thanks to professors Lirio Gutiérrez and Elena Butti of the Universidad Nacional Sede Antioquia for leading the great team of faculty and students who have organized this two-day conference. I’ve learned a lot from the panels.

And there’s another in-person day to go. I’m moderating a panel at 9:00AM tomorrow local time (10:00 on the U.S. east coast) and the discussions of migration go on until 4:00PM.

So it’s time to get some rest. But first, a few snapshots.

It has been raining a lot, and the Medellín River is quite high.

Courtyard at the Universidad de Antioquia.

State universities in Colombia are nearly always coated with leftist graffiti, but the U de A is especially exuberant.

Colombia’s Peace Process: Some Links from the Past Month

Colombia’s government and the National Liberation Army (ELN) guerrilla group completed a sixth round of peace talks in Cuba on February 6. They agreed to renew a six-month-old ceasefire for another six months, through August 4.

The ceasefire is to include a halt in guerrilla kidnappings. As of February 7, according to lead government negotiator Vera Grabe, the ELN had released 23 of 26 people it had been holding. On February 18 the group released a dentist whom it had kidnapped in Magdalena.

Negotiators also agreed to create an international multi-color fund to support peace activities. The next round of talks is to take place in Venezuela.

Despite the ceasefire, ELN units in the southern region of the northwestern department of Chocó declared an “armed strike,” prohibiting people from transiting on roads and rivers for about a week in mid-February. It was the ELN’s third armed strike in this area in seven months. The ELN and the Gulf Clan have been fighting in southern Chocó for years, and the humanitarian crisis—especially forced displacements and confinements—is worsening for communities along the San Juan and Baudó rivers, which are busy smuggling corridors.

The ceasefire, which is limited to stopping fighting between the ELN and the government, is “incomplete” and does not specifically prohibit confinements of populations, said negotiating team member Sen. Iván Cepeda.

ELN negotiators announced on February 20 that they are putting the dialogues on hold. They were reportedly unhappy with the government’s approval of separate dialogues between a single ELN structure and the government of the southwestern department of Nariño (which shares a party affiliation with President Gustavo Petro). The ELN is contesting territory in Nariño with the Central General Staff (EMC) ex-FARC dissident network.

The ELN’s Comuneros del Sur front appears to be more disposed to a faster-paced dialogue; conversations began informally in September 2023. While the Petro government supports the idea of “regional dialogues,” ELN’s national leadership prefers that it negotiate with the group as a whole.

The government has a strong incentive to seek talks with individual ELN units, as the guerrilla group has a loose central command structure with very autonomous units. “The Eastern and Western War fronts, due to their operability and lethality, represent more or less 70 percent of the ELN and these structures are not at the table,” Carlos Velandia, a former ELN leader who is now a frequently cited analyst, told El Tiempo.

The EMC staged a 27-day “armed strike” in parts of southern Caquetá department.

Following recent ELN and EMC armed actions against civilians in Antioquia, Cauca, Chocó, Nariño, Valle del Cauca, and elsewhere, High Commissioner for Peace Otty Patiño warned that “The ceasefire is not a permit to commit crimes.” Analysts viewed this as a hardening of the Petro government’s tone toward armed groups participating in negotiations, and a break with the approach of former High Commissioner Danilo Rueda.

Peace talks officially launched between the government and the Segunda Marquetalia ex-FARC dissident network. Nominally headed by Iván Márquez, the FARC’s chief negotiator for the 2016 peace accord who rearmed in 2019, the Segunda Marquetalia is mainly active in Putumayo and Nariño departments in southwest Colombia.

This is the only negotiation with a group led by people who had already agreed to an earlier peace accord. Along with the ELN and EMC, the Petro government is now in active peace talks with three national groups.

Representatives of the 15 UN Security Council member states visited Colombia on February 7-11. The Council is considering expanding the scope of the UN Verification Mission’s mandate to include the Petro government’s new peace negotiations with additional armed groups; the U.S. government has been reluctant to approve a quick mandate expansion. In a press conference with Council members, President Petro acknowledged that aspects of the 2016 peace accord’s implementation, like land distribution, are running behind.

During their visit, UN diplomats traveled to Buenaventura and Cartagena, and to the former FARC demobilization and reincorporation site in La Montañita, Caquetá, which is now a fair-sized rural town.

Twenty-four of these reincorporation sites, in thirteen departments, continue to exist. As of October 31, the government recognized 11,269 people as ex-FARC, down from 13,394 in 2020, according to El Espectador.

Colombia’s Human Rights Ombudsman’s office noted that the Petro government has increased budgets and resources for implementing the 2016 peace accord, especially its provisions on land and rural reform. In a new monitoring report, though, the Office voiced strong concern about how these resources are being allocated, and about armed groups’ continuing power to undermine people’s access to land, especially when landholders are women.

Of the Territorially Focused Development Programs (PDET), a big peace accord commitment to bring state services to long-abandoned areas, less than 50 percent have even been launched, 7 years after accord implementation began.

Former FARC leaders sent an angry letter to President Petro complaining that the post-conflict transitional justice tribunal currently trying their war crimes cases is “moving away from the spirit and letter of the peace accord.” They are upset that the Special Jurisdiction for Peace (JEP), in their view, is resolving cases separately instead of all together, moving slow on amnesties for political crimes, and focusing too much on mid-level ex-commanders. The JEP appeared to resolve the amnesty issue on February 21.

68 bills before Colombia’s Congress whose passage is necessary to comply with 2016 peace accord commitments are in danger of failing because they must be approved in the legislative session that ends on June 20, according to the Bogotá-based Ideas for Peace Foundation (FIP).

A FIP report found that Colombia’s armed groups increased their strength and reach in 2023, even as some negotiated with the government and some humanitarian indicators improved. “Disputes between the groups for territorial control increased 54% in 2023. Total armed actions by the groups also increased 11%. Disputed zones between groups increased from five to nine,” said FIP Director María Victoria Llorente.

FIP cited data from Colombia’s security forces pointing to an increase in the combined membership of the ELN, ex-FARC dissidents, and the Gulf Clan in 2023: from about 15,000 to about 16,700.

Colombia’s Peace Process: Some Links from the Past Month

Negotiators from the government and the “Central General Staff” (EMC)—the group of FARC dissidents that rejected the peace accord before its 2016 signing—completed a third, ten-day round of negotiations on January 18. Commitments included a dissident pledge to cease recruiting minors, a government pledge to evaluate the situation of jailed EMC members, and steps toward a negotiating agenda that will include environmental issues. They also ratified earlier agreements to halt EMC kidnappings and to extend a bilateral ceasefire through July 15.

With support from the UN and OAS peace missions, four out of five regional offices for verification of the EMC ceasefire have now been established: in Arauca, Santander, Meta, and Putumayo.

At the UN Security Council’s quarterly review of peace accord implementation in Colombia, on January 11, the U.S. representative withheld—for now—U.S. government support for including EMC ceasefire verification within the UN peace mission’s mandate. “These agreements still lack maturity,” said U.S. Acting Deputy Permanent Representative Elisabeth Millard.

Citing “intelligence reports,” El Tiempo estimated that the EMC “has, counting all its structures, 3,480 people in arms.”

Representatives of the Security Council will visit Colombia in February, the UN body announced during its January 11 quarterly review of Colombia’s peace efforts.

Government and ELN negotiators are to hold a sixth round of talks in Cuba from January 22 to February 6. High Commissioner for Peace Otty Patiño repeated the government’s insistence that the current ceasefire, which must be renewed by January 29, include an end to ELN kidnappings and the release of all remaining guerrilla captives.

The government reportedly gave the ELN a list of 26 kidnapped people whose release it demands. Army Sgt. Libey Danilo Bravo, whose the ELN kidnapped in Arauca for three weeks last February and March, told La Silla Vacía that the guerrillas took him to a makeshift prison across the border in Venezuela that they called “Alcatraz,” where they were holding ten other people.

ELN leader Antonio García said that the group would require government financing to sustain itself if it were to suspend ransom kidnappings while peace talks continue. Patiño said that the government would only seriously consider financing if the ELN committed to the conflict’s end “in a decisive and clear way.”

Between December 4 and January 3, the think-tank CERAC counted three ELN offensive actions considered to be ceasefire violations: a homicide, a kidnapping, and an armed attack on a vehicle.

President Gustavo Petro met with Pope Francis on January 19; he requested that a future round of ELN peace talks take place at the Vatican.

Otty Patiño expanded his staff at the High Commissioner for Peace office from 13 to 149 people, a number closer to the staffing strength that existed during the government of Iván Duque (2018-2022).

On January 14 in Pitalito, Huila, José Enrique Roa Cruz became the third FARC ex-combatant to be killed in 2024 and at least the 411th since the former guerrilla group’s 2017 demobilization. The UN Verification mission counted 47 killings in 2023, the fewest since 2017.

The Petro government transferred 363 billion pesos (US$93 million) to the Presidency’s Implementation Unit, where it will go toward ex-combatant reintegration programs and the Territorially Focused Development Programs (PDET) foreseen in chapter 1 of the 2016 peace accord.

In addition to moving the ELN and EMC peace processes forward, in 2024 the Petro administration has big decisions to make about the future of talks with regional gangs, with the Segunda Marquetalia FARC dissident group, and with the Gulf Clan paramilitary structure, wrote Camilo Pardo and Cindy Morales at El Espectador. The Catholic Church’s representative to the peace process, Msgr. Héctor Fabio Henao, told El Espectador that no roadmap currently exists for eventual talks with the Segunda Marquetalia and the Gulf Clan.

“Colombia’s quest for ‘total peace’…has become a thorny path, with some progress, but slower than President Gustavo Petro had anticipated,” according to an Associated Press analysis.

Testimony on Organized Crime and Human Rights in Colombia

I had a few extra days to submit my written testimony from last week’s hearing of the U.S. Congress Tom Lantos Human Rights Commission, since I was added to the panel a couple of days before. I just finished it and sent it in.

Here it is—and here as a PDF.

Written testimony of
Adam Isacson, Director for Defense Oversight, Washington Office on Latin America
Hearing: “Organized Crime, Gangs and Human Rights in Latin America”
Tom Lantos Human Rights Commission
U.S. House of Representatives
Washington, DC
December 14, 2023

Chairmen McGovern and Smith, thank you for calling this hearing. It’s an honor to be with you today.

I’m going to talk about Colombia, which today has a confusing array of armed and criminal groups. A decade ago, I could have named all armed or criminal groups in Colombia that had more than 100 members; today, I cannot do that with confidence. A February 2023 report from the Colombian think-tank INDEPAZ counted about 22 of them, in the categories of “narco-paramilitaries,” “post-FARC groups,” and “guerrillas.”[1]

They run the drug trade. They degrade the environment. They facilitate migration, including through the treacherous Darién Gap, where the Gulf Clan “narco-paramilitary” organization has a monopoly on smuggling on the Colombian side.[2] They kill thousands each year, including the world’s highest numbers of murdered human rights and environmental defenders.[3] They displace or confine hundreds of thousands more.

INDEPAZ categorization of Colombian armed and criminal groups

Narco-ParamilitariesPost-FARC Groups (FARC Dissidents)Guerrillas
Drug trafficking groups, most of which have leaders who participated in the United Self-Defense Forces of Colombia (AUC), a confederation of pro-government militias that demobilized in 2006. The Gulf Clan is by far the largest.Loose confederations of groups led by former members of the Revolutionary Armed Forces of Colombia (FARC) guerrilla group, who rejected the 2016 peace accord. Less than 10 percent of FARC members who demobilized in 2017 have re-armed.[4]The National Liberation Army (ELN), founded in 1964, is the only remaining leftist guerrilla group.
Active in about 345 of Colombia’s 1,104 municipalities (counties)Active in about 161 municipalitiesActive in about 162 municipalities
– Gaitanista Self-Defense Forces or Gulf Clan
– EPL or Pelusos
– La Oficina
– Los Pachencas
– Los Puntilleros
– Los Rastrojos
– Los Caparros
– Los Costeños
– Los Pachelly
– La Constru
– Los Contadores
– Los Shotas
– Los Espartanos
– Southeastern Bloc (Central General Staff)
– Comando Coordinador de Occidente (Central General Staff)
– Segunda Marquetalia
– “Independent” groups:
– 33rd Front
– 36th Front
– Oliver Sinisterra Front
– Guerrillas Unidas del Pacífico
– 4th Front
– ELN
Source: “Informe sobre presencia de grupos armados en Colombia 2021 – 2022” (Bogotá: INDEPAZ, November 25, 2022), https://indepaz.org.co/informe-sobre-presencia-de-grupos-armados-en-colombia-2021-2022-1/

Why organized crime is so much harder to fight than guerrillas

In 2016 Colombia’s largest leftist guerrilla group, the FARC, signed a peace accord and demobilized, following a decade-long, U.S.-backed series of military offensives and four years of negotiations. Guerrillas have disappeared from many areas, from the roads around Bogotá to the slums around Medellín. But it is difficult to identify a territory in Colombia that was under organized crime’s influence 30 years ago—going back to the heyday of the now-defunct Medellín and Cali cartels—that is not under organized crime’s influence today.

Hundreds of top cartel and criminal-organization leaders have been killed, imprisoned, and extradited to the United States. The groups’ names change, they divide internally, or are supplanted by other groups. But organized crime is still remarkably active throughout Colombia, and a constant factor in millions of Colombians’ daily lives. Often, today’s active groups can trace their DNA back to the cartels of the 1980s and 1990s, the paramilitaries of the 1990s and 2000s, and remnants of demobilized leftist guerrillas.

Weakening the FARC to the point that it was willing to negotiate cost Colombia tens of thousands of lives, and billions of dollars (many from Washington) that could have saved or improved millions of lives. After all that, Colombia’s other adversary, organized crime, remains as strong and as wealthy as ever.

Why has organized crime been so much more resilient, and so much harder to confront, than leftist guerrillas? There are a few key reasons.

  • The FARC had a firm command hierarchy, while organized crime is looser and networked. Removing leaders did more harm to the FARC’s command and control.
  • Because of its loose structure, organized crime often fragments when confronted (and sometimes fragments anyway because of internal divisions). The result is dozens of groups instead of just a few.
  • Members and leaders of organized crime groups are more often mixed in with the population, more likely to be in towns and less likely to be in distant areas like jungle encampments, which are more susceptible to aerial attacks and other offensive operations.
  • Most importantly, the FARC actually wanted to fight the government. Organized crime groups will confront government forces or institutions when they see their interests gravely threatened or wish to send a message. But they prefer not to do that. Fighting the government is bad for a group’s business, as it focuses the state’s military and intelligence resources against it.

Instead, organized crime thrives on its relationship with government. Corruption is the oxygen that it breathes. Criminals need police who will look the other way when a cocaine shipment is going downriver. They need mayors who go along when they traffic people or dig illegal gold mines out in the open. They need prosecutors who let cases die.

The problem of government collusion with organized crime is especially concerning when it concerns the security forces. (Colombia’s military and police have been the Americas’ number-one recipients of U.S. security assistance since the early 1990s.) A scan of Colombian media reveals numerous examples of military and police personnel, at all levels and all around the country, accused of colluding with armed and criminal groups.

Read More

Tomorrow Morning in Congress’s Tom Lantos Human Rights Commission: “Organized Crime, Gangs and Human Rights in Latin America”

Tune in tomorrow morning (or on YouTube later) for what will be a really interesting discussion of how governments can protect their citizens and their institutions from organized crime, without violating human rights.

It’s unusual to have two people from one organization in these hearings. I’m a substitute for someone who just had to cancel. I’ll be talking mainly about Colombia.

OK, time to work on my testimony.

More Photos from Colombia

I just got back to Washington at mid-day today, after two weeks in Colombia. Before I left, I replaced my four-and-a-half year-old phone with a current model, because the old one’s port wasn’t always connecting to the cable and I didn’t want to find myself there with an unpowered phone.

The new phone isn’t much different than the old one, with one huge exception: the camera, which makes me seem like a much better photographer than I actually am.

Here are some images that are less work-related but just pretty cool. Presented in no particular order. Click on any to expand in a new window. (I’ve shared other photos from the trip in two earlier posts.)

Bogotá at night.

Mural in El Placer, Putumayo, Colombia.

A few hundred people from Embera-Katío Indigenous communities, displaced by violence in northwestern Colombia, have been camped since October in Bogotá’s Parque Nacional, in the middle of the city near the Javeriana University.

A griffin atop Colombia’s Congress building.

The people of Ipiales, Nariño celebrated Halloween with aplomb.

Not usually a fan of dressing kids up as cops, but the kid in the lower left in Ipiales is super cute.

The spot where we had a hearty breakfast in La Bonita, Ecuador, along the border with Nariño, Colombia.

Outside Lago Agrio, Ecuador, a few minutes’ drive south of Colombia.

Paramilitary display in the “Museum of Memory” in El Placer, Putumayo. The building used to be a school (hence the beat-up chalkboard), where paramilitaries committed numerous abuses. One of the photos on the chalk ledge was taken by me in 2004.

Darién Gap-bound migrants bathing in the Gulf of Urabá in Necoclí, Antioquia.

Boats in Necoclí, ready to take migrants across the Gulf of Urabá to the Darién Gap.

Orito, Putumayo on Saturday night.

Central Bogotá’s Plaza de Bolívar, recently grafitti’ed by student protesters.

Roadside arepas in La Hormiga, Putumayo.

Looking into San Miguel, Putumayo, Colombia from the Ecuador side of the border bridge.

Provisions for migrants’ walk through the Darién Gap, on sale near the dock in Turbo, Antioquia.

The army and police welcome you to Urabá, northwestern Colombia (at the Apartadó, Antioquia airport).

At the Rumichaca bridge between Ipiales, Nariño, Colombia and (in the background) Tulcán, Carchi, Ecuador.

Six days in Putumayo and Along the Colombia-Ecuador Border

Greetings from Bogotá. I’m here until tomorrow night, with 10 meetings on the schedule today and tomorrow.

This was day 13 of a 14-day research trip. I’ve slept in 10 different hotels in 9 places:

  • Bogotá
  • Apartadó, Antioquia
  • Necoclí, Antioquia
  • Bogotá
  • Puerto Asís, Putumayo
  • Orito, Putumayo
  • La Hormiga, Putumayo
  • Lago Agrio, Sucumbíos, Ecuador
  • Ipiales, Nariño
  • Pasto, Nariño
  • Bogotá

The purpose of this insane itinerary was to learn about the latest developments in migration through, and to, Colombia. I was able to visit the Colombia-Panama and Colombia-Ecuador border regions.

With two WOLA colleagues I was on the outskirts of the Darién Gap region straddling Colombia and Panama, through which nearly 500,000 migrants have passed so far this year. With longtime Colombian colleagues I also visited the border between Carchi, Ecuador and Nariño, Colombia, through which hundreds of Darién-bound migrants from dozens of countries pass each day.

While at the Colombia-Ecuador border I was also able to spend a few days in the department of Putumayo, which is where U.S.-backed military and police anti-drug operations began after the 2000 passage of the Clinton administration’s mammoth initial “Plan Colombia” aid package. Twenty-three years later, Putumayo remains a principal zone of coca and cocaine production, under the heavy influence of two feuding armed groups.

I need to go through my tens of thousands of words of notes just to come up with the number of meetings and conversations I’ve had since October 22. It’s more than 50. I’ve talked to people migrating, aid workers, international organizations, migrants associations, Indigenous groups, campesino groups, coca cultivators, mayors and other local officials, national government officials, U.S. diplomats, journalists, human rights defenders, police, scholars, and I’m sure I’m forgetting some sectors.

I’ve barely had time yet to process my notes, much less wrap my head around what I’ve seen and heard. But here are some photos from Putumayo, northern Ecuador, and Nariño. (I posted Darién-area photos about a week ago.)

The Putumayo River, which eventually flows in to the Amazon, just north of Puerto Asís, Putumayo.

At a supermarket in Orito, Putumayo, a sign advertises money transfers to Venezuela. People who have fled Venezuela live all over Colombia, even in places like Orito that are very distant from Venezuela and have a strong presence of coca cultivation and armed groups.

Colombia held local elections on Sunday October 29. On the evening of the 28th in Orito, mayoral candidates held rallies outside their party headquarters.

El Placer, Putumayo, was the site of a 1999 paramilitary massacre; the town became notorious nationwide for the paramilitaries’ systematic rapes of the town’s women and girls. At the time, the United States was pumping military aid into Putumayo under “Plan Colombia” even though the local armed forces collaborated with the paramilitaries. The town’s school, where paramilitaries committed many of the violations, is now a “museum of memory.” I took one of the photos on the wall here (see page 323 of this report) during a 2004 visit when I worked for the Center for International Policy.

The bridge between San Miguel, Putumayo, Colombia and General Farfán, Sucumbíos, Ecuador.

The mountains of Nariño, Colombia viewed from La Bonita, Sucumbíos, Ecuador.

Families—almost certainly Darién-bound, as they’re traveling with sleeping gear and minimal backpacks—at the bus station in the border city of Tulcán, Ecuador.

The two kids on the left, one with a Venezuelan flag-themed backpack, are southbound: they said they just left Venezuela and are headed to Peru, where they have relatives. This is the bus terminal in Tulcán, Ecuador.

We encountered several groups of people fleeing China. This is the Tulcán bus terminal, but people holding Chinese passports were also at the official border crossing and on my flight today from Pasto, Nariño to Bogotá.

The Rumichaca border crossing between Tulcán, Carchi, Ecuador and Ipiales, Nariño, Colombia.

The bus terminal in the border city of Ipiales, Nariño.

Migrant shelter run by Pastoral Social (Caritas) in Ipiales.

Back From Urabá, Colombia

I spent the past few days in and around Necoclí, Colombia, an area through which tens of thousands of migrants, from dozens of countries, pass. Here, they take boats across the Gulf of Urabá to the Darién region straddling Colombia and Panama, where they undergo a treacherous several-day journey through dense jungle.

Here are a few photos. I’m in another zone of Colombia now, as research continues, so there’s no time to write much yet. We had our photographer Sergio with us, who took much better photos than the ones here.

The Darién region, viewed from across the Gulf of Urabá.

Carrying provisions, people prepare to board boats. Most people we spoke with were from Venezuela, but we also spoke with people from Ecuador, Haiti, and Cuba, and saw some migrants from China.

Migrants who can’t pay the boat fare, and fees charged by organized crime, sleep on the beach until they can get enough money together. There are no migrant shelters in Necoclí.

A smaller number of migrants lacking boat fare waits in tents near the dock in Turbo, south of Necoclí.

Water purification tablets and mosquito spray for the jungle journey.

Armed-group tag in Turbo.

We Should Reflect and Discuss Events in a Way That Will Not Increase the Despair and the Anger in People.

The row began one day after Hamas’s unprecedented 7 October attacks when Petro used his official X account to denounce what he called “neo-Nazi” efforts to destroy the Palestinian people, freedom and culture.

The World Jewish Congress accused Colombia’s leftwing president of completely ignoring the hundreds of Israeli civilian victims and called Petro’s statement “an insult to the six million victims of the Holocaust and to the Jewish people”.

The next day Petro returned to social media to comment on claims by Israel’s defense minister, Yoav Galant, that his troops were fighting “human animals” in Gaza. “This is what the Nazis said about the Jews,” tweeted Petro. “All this hate speech will do, if it continues, is lead to a Holocaust.”

Over the coming days, Petro – who has declined to strongly condemn the atrocities committed by Hamas – repeatedly used social media to criticize Israel’s military response.

“I’ve been to the Auschwitz concentration camp and now I see it being copied in Gaza,” Petro said in one post, drawing a polite rebuke from Israel’s ambassador in Bogotá, Gali Dagan, who offered to take him to the kibbutzim in southern Israel that Hamas attacked “and where many Latinos live”.
From the Guardian.

I’m deeply saddened by Colombian President Gustavo Petro’s decision to respond to a man-made calamity, on the brink of a calamitous reprisal, by taking to Twitter and using inflammatory language that does nothing to bring peace closer.

The world needs to hear wisdom right now, especially from the leader of a country that’s struggling to heal the wounds of its own generations of man-made calamity. The Colombian people need to hear wisdom.

That’s all. Except for this Thich Nhat Hanh quote.

If one terrorist group is violently destroyed, another will emerge; it’s endless. So I told the editors, “When you report on terrorist acts, use your compassion and deep understanding. Explain the story in such a way that the reader doesn’t become enraged and perhaps become another terrorist.”

We can tell the truth, but we must help people understand. When people understand, their anger will lessen. They don’t lose hope, they know what to do and what not to do, what to consume and what not to consume in order not to continue this kind of suffering. So my message that morning was that we should reflect and discuss events in a way that will not increase the despair and the anger in people. Instead, we can help them to understand why things happen, so their insight and compassion increase. We can make a big difference with the practice of looking deeply. The solution isn’t to hide the truth.

Lawless Lands: Where Colombia’s Justice System Has Not Arrived

Colombia’s judicial system has 9.65 judges per 100,000 inhabitants of the country. In the 170 barely governed municipalities hardest-hit by the country’s armed conflict, which the 2016 peace accord selected for investment in “Territorially Focused Development Programs” (PDET), the number falls to 7.70 judges per 100,000 inhabitants.

That’s one of hundreds of findings of a thorough September 25 report on fulfillment of the 2016 FARC peace accord’s commitments, published by the Peace Committee of Colombia’s Congress together with the Bogotá-based Ideas for Peace Foundation. The report paints a mixed but often disappointing picture of accord compliance overall.

It notes that 9.65 judges (or fewer) is really bad: “in the other Organization for Economic Cooperation and Development (OECD) member countries, the average is 65 judges per 100,000 inhabitants.”

In some of the PDET zones, the lack of judicial presence is especially dire.

Sur de Córdoba 3.18 - Número de jueces: 9

Catatumbo 3.61 - Número de jueces: 7

Alto Patía y Norte del Cauca 4.32 - Número de jueces: 36
Southern Córdoba, left, is where soldiers, apparently posing as FARC dissidents, were caught on video last month threatening a town’s inhabitants. Catatumbo, center, is Colombia’s number-one coca-growing region. Northern Cauca, right, is notorious for human rights defender killings and has seen very frequent recent combat incidents. The absence of the justice system has consequences.

Under those circumstances, who settles disputes for people, enforces rules, and imposes sanctions when those rules are broken? Sometimes, the answer is “nobody,” but more often, the answer is “armed and criminal groups.”

Darién Gap Migration Through August 2023

Panama just posted updated data, detailed by country, gender, and age, about migration through the Darién Gap in August.

Annual Migration Through Panama’s Darién Gap

2023: Venezuela 60%, Ecuador 13.0%, Haiti (plus Brazil and Chile) 12.9%, China 4%, Colombia 3%, India 1.0%, All Others <1%

Since 2010: Venezuela 43%, Haiti (plus Brazil and Chile) 25%, Ecuador 9%, Cuba 8%, Colombia 2.0%, All Others <2%

	2010	2011	2012	2013	2014	2015	2016	2017	2018	2019	2020	2021	2022	2023 (Aug)
Venezuela						2	6	18	65	78	69	2819	150327	201288
Haiti (plus Brazil and Chile)	0	1	0	2	2	8	16742	40	420	10490	5331	101072	27287	42959
Ecuador		15	18	4	1	14	93	50	51	31	40	387	29356	43536
Cuba	79	18	1154	2010	5026	24623	7383	736	329	2691	245	18600	5961	700
Colombia		65	24	26	9	32	16	36	13	23	21	169	5064	11276
China	268	9	11	1		1		6			3	77	2005	12979
India	12	11	48		1	1	20	1127	2962	1920	39	592	4094	3338
Nepal	29	9	213	297	468	2426	1619	2138	868	254	56	523	1631	1659
Bangladesh	53	45	89	398	377	559	580	506	1525	911	123	1657	1884	1158
Other Countries	118	110	220	313	291	1623	3601	2119	2988	5704	538	7830	20675	14811

Data table

It broke all records: 81,946 people passed through this treacherous jungle region in 31 days. The previous monthly record, set in October 2022, was 59,773.

In the first eight months of this year, 333,704 people have migrated through the Darién. Ten years ago, in 2013, the full-year total was 3,051 migrants. In 2011, it was just 281.

Monthly Migration Through Panama’s Darién Gap

August 2023: Venezuela 77%, Ecuador 11%, Colombia 4%, China 3%, Haiti (plus Brazil and Chile) 2%, all others <1%

January 22-Aug 23: Venezuela 60%, Ecuador 13%, Haiti (plus Brazil and Chile) 12%, Colombia 2.8%, China 2.6%, all others <2%

	Jan-22	Feb-22	Mar-22	Apr-22	May-22	Jun-22	Jul-22	Aug-22	Sep-22	Oct-22	Nov-22	Dec-22	Jan-23	Feb-23	Mar-23	Apr-23	May-23	Jun-23	Jul-23	Aug-23
Venezuela	1421	1573	1704	2694	9844	11359	17066	23632	38399	40593	668	1374	2337	7097	20816	25395	26409	18501	38033	62700
Ecuador	100	156	121	181	527	555	883	1581	2594	8487	6350	7821	6352	5203	2772	2683	3059	5052	9773	8642
Haiti (plus Brazil and Chile)	807	627	658	785	997	1025	1245	1921	2642	4525	5520	6535	12063	7813	8335	5832	3633	1743	1548	1992
Colombia	48	72	59	72	248	287	407	569	1306	1600	208	188	333	637	1260	1634	1645	894	1884	2989
China	32	39	56	59	67	66	85	119	136	274	377	695	913	1285	1657	1683	1497	1722	1789	2433
India	67	74	88	172	179	228	431	332	350	604	813	756	562	872	1109	446	161	65	96	27
Cuba	367	334	361	634	567	416	574	589	490	663	535	431	142	36	35	59	59	74	123	172
Afghanistan	1	3	40	31	67	82	162	128	180	551	379	596	291	276	359	386	192	217	321	467
Peru	17	23	18	29	88	109	136	247	365	438	34	39	39	100	261	277	394	209	376	653
Other Countries	1842	1361	1722	1477	1310	1506	1833	1986	1742	2038	1748	1862	1602	1338	1495	1902	1913	1245	1444	1871

Data table

60 percent of this year’s migrants through the Darién Gap have been citizens of Venezuela: 201,288 people. In August, the migrant population was 77 percent Venezuelan: 62,700 people.

Jaw-dropping numbers from a region that was viewed as all but impenetrable until perhaps 2021. And there’s little reason why they won’t continue to increase. Any plan to “block” migrants on this route would require a staggeringly large and complex operation that would create additional challenges, like what to do with tens of thousands of stranded migrants.

Marta Ruiz on Colombia’s “Reverse Land Reform”

If a drug-funded armed group on the U.S. government’s terrorist list forces thousands of family farmers off their land, can companies who bought that land just a few years later really claim to have done so “in good faith?”

Marta Ruiz, a journalist who served as a commissioner of Colombia’s Truth Commission, asked that question in a September 10 column at the Colombian news site La Silla Vacía. She was writing about the Montes de María, a region near the country’s Caribbean coast where small farmers struggled to win titles to their lands, only to be massively displaced by an early 2000s scorched-earth campaign, including a string of notoriously bloody massacres, by the United Self-Defense Forces of Colombia (AUC). The AUC were a paramilitary network—on the State Department’s terrorist list between 2001 and 2013—that colluded with large landowners, narcotraffickers, and elements of Colombia’s armed forces.

In late August, Colombian President Gustavo Petro visited El Salado, a village in the Montes de María known for a grisly 2000 massacre. There, he called out Argos, a cement company that is one of Colombia’s largest corporations. (Argos USA’s website calls it “the most sustainable company in the industry.”) Marta Ruiz reported that Petro said:

“Argos took the land of the displaced, I am not going to accuse them of the massacre, but they benefited from the fruit of the massacre and the blood.” The company immediately responded by arguing its good faith in the purchase of 6,600 hectares in the municipalities of Carmen and Ovejas.

Ruiz’s column then recounts the recent history of this troubled region, which is less than two hours’ drive from Cartagena. First, the land-tenure struggles of the 1960s and 1970s, the subject of many histories and academic studies in Colombia.

Populated by mestizos, indigenous people and Afros, it was the scene of strong agrarian struggles against unproductive large estates throughout the 20th century. In fact, it was the site chosen by [1966-1970 president] Carlos Lleras Restrepo to launch the ANUC [government-sanctioned small-farmers’ organization] and his agrarian reform, with much more radical speeches than Petro’s against the rentier landowners and landlords. In those years, many peasant families obtained plots of land of a maximum of 12 hectares, and others after 1994 when, with Law 160, land adjudication resumed.

Then, the paramilitary onslaught of the late 1990s and early 2000s, which reversed so many farmers’ hard-won gains.

By the mid-1990s, the FARC-EP—which were already in the region—became very strong in the mountains, and from there they tried to dominate the entire region. The ranchers, tired of kidnapping and extortion, demanded that [top AUC leader] Carlos Castaño send his army of thugs to that part of the Caribbean. But since a war is expensive and they were not going to finance it, it was obvious that drug traffickers, who eventually became owners of immense lands in the region’s lowlands and coastal areas, would have to enter the war, thus consolidating their illicit trade routes.

Then came the “expediting” of massacres. First was Pichilín, a small village high in the mountains between Colosó and Morroa. Everyone left there, except one old man who ended up talking to the trees. Then followed Macayepo, Chengue, El Salado, Las Brisas, Capaca, Los Guaimaros… I can go on until I fill the page with more than 50 names of villages that were razed to the ground. Between 2000 and 2005 at least one million peasants in the Caribbean region were displaced and lost their land. In Carmen de Bolivar alone, once a prosperous town, 80 percent of the rural inhabitants were exiled.

Home abandoned in Chinulito, Colosó, Sucre (photo by me in 2011)

The AUC went through a sort of demobilization process in the mid-2000s. By then, for a time, the armed forces became the major human rights violators in the Montes de María.

After the demobilization of the AUC…there was a time of extrajudicial executions, disappearances, dispossessions and mass arrests. The latter were a nefarious practice of the public forces because they were based on biased intelligence, based on the stigmatization of entire towns such as Ovejas, where 130 people were arrested in a single day. Between paramilitaries, guerrillas and security forces, a century’s worth of campesino organization was almost wiped out.

In 2007 the final “battle” took place with a bombing where [top regional FARC leader] Martín Caballero died. Thus the guerrillas were annihilated in that region.

President Álvaro Uribe (2002-2010) oversaw military operations that weakened the FARC, and also oversaw a negotiation process that demobilized the paramilitaries in exchange for light jail sentences. Uribe had the full support of large landowners and business elites, who moved rapidly into the lands abandoned by the small farmers of the Montes de María.

Meanwhile, President Uribe and his closest circle encouraged his countrymen in Medellín and Envigado to buy land and invest in Montes de María.

…The consolidation of Democratic Security [Uribe’s signature security policy] would be done hand in hand with businessmen, and the military committed themselves to the construction of a road that would join the Magdalena River with the Caribbean Sea: the Montes de María transverse road. And they did it. Thus, the counterinsurgency strategy contained an anti-peasant bias which, aligned with a certain vision of development, assured that Colombia’s progress depended on businessmen’s money rather than on the regions’ human capital.

What happened next was a “reverse land reform” throughout the mid-2000s to the early 2010s.

The massive purchase of land was done at a surprising speed and with all kinds of trickery… The businessmen had access to these databases [of forcibly displaced farmers’ delinquent mortgages] and set themselves the task of looking for the displaced in the poverty belts of Sincelejo, Cartagena, and Barranquilla to ask them, through trickery, half-truths and deceit, for the transfer of their titles… The intermediaries took the land and in exchange left the campesinos with despair, fear, lack of protection and defeat. It was an express agrarian counter-reform.

It is a legend, but absolutely true, that in order to consummate this operation, notary offices worked 24 hours a day for several weeks. It was necessary to accelerate because another part of the state’s institutional framework, the one that was trying to return displaced people, announced the protection of the lands and the prohibition of their sale until the circumstances in which these transactions took place were verified.

In 2011, some investors buying up land in the Montes de María portrayed themselves as rural development associations. (Photo by me in El Carmen de Bolívar, Bolívar)

Of the business organizations that bought up all of the land vacated after the paramilitary onslaught, Argos is the best known.

In the midst of such a panorama, Argos bought its first land in San Onofre, Sucre, a municipality where the feared [regional paramilitary leader] Rodrigo Cadena had his headquarters. The company was obliged to compensate for the environmental damage caused by its cement activity by planting forests. Thanks to a forestry incentive law, this compensation became a business: planting teak, a fine and very expensive wood, which has an assured international market… The land was cheap because in their exodus, people left the land. Argos decided not only to stay but to expand to other municipalities and that is when it set its eyes on El Carmen, Ovejas, etc.

Courts, Ruiz noted, have cast doubt on Argos’s claims to have been unaware of the violent dispossession that took place in the lands they purchased, just a few years earlier.

The courts have said that Argos did not comply with the due diligence expected of a multinational company that is listed on the world’s major stock exchanges; that is among the five most powerful groups in the country; and that to top it off is part of global pacts for good human rights practices. According to the judges, it is unlikely that a company of its size and capacity would be unaware of the context in which the land purchases and sales took place, let alone their implications.

Ruiz credits Argos for steps that it has since taken: “once the Victims Law was approved [2011] and the massive purchases scandal became a reputational risk, the business group cancelled its project in those municipalities. It created the Fundación Crecer en Paz, which remains under its tutelage for the management of the 6,600 hectares already acquired.” Farmers have recovered some of the land.

That is more than can be said of other opportunistic investors who benefited, indirectly or directly, from paramilitary violence in the Montes de María. Still, “it is a pity that Argos maintains its anachronistic discourse about the ‘good faith’ that led it to these purchases, instead of gallantly recognizing that its actions were opportunistic and encouraged dispossession. It should ask for forgiveness.”

After all, “Montes de María was not a wasteland in need of corporate colonization as was said in certain circles in Medellín. It was home to many people who had fought fervently to be there.”

These are just a few highlights of a great column about a chapter of Colombia’s conflict that shows what a lot of the fighting was actually about: the strong taking advantage of a crisis to seize land and wealth from the weak.

The U.S. officials who adhered Washington so closely to the project of Álvaro Uribe and his allies—giving him effusive praise, billions in aid, and even the Medal of Freedom—can claim, too, that they were acting in good faith. But they enabled a good deal of harm.

Delaying Tactics Threaten Justice in March 2022 Colombian Military Massacre Case

In March 2022, Colombia’s Army staged an early-morning attack on a large, hung-over gathering of participants in a “community bazaar”—including a few armed-group members, who fired back—in a rural zone of Putumayo, in the country’s south. The soldiers killed several civilians, including a pregnant woman and an Indigenous community leader.

Top defense officials in the government of President Iván Duque insisted that the troops did nothing wrong and that no human rights or international humanitarian law violations took place. Colombian journalistic investigations found otherwise.

Colombia’s civilian Chief Prosecutor’s Office (Fiscalía) looked into the case, and agreed with the journalists. The Colombian magazine Cambio reported on August 20:

the Prosecutor’s Office deployed an interdisciplinary team that included ballistics experts, forensic doctors, topographers and prosecutors from its Human Rights Unit. The material collected, as CAMBIO was able to verify, reveals that the indigenous governor Pablo Paduro died as a result of a rifle shot by one of the uniformed officers and that the weapon found near his body was never fired or manipulated by him, but was planted on him with the intention of diverting the investigation. In addition, there is incontestable evidence: the dead were 11 and the weapons found were 5, so at least 6 of them did not have the means to shoot at the Army.

The prosecutors, though, are being held up by delaying tactics. Defense attorneys for the accused military personnel made a last-minute appeal to have the case heard in Colombia’s military justice system. The military system is meant for disciplinary infractions (“acts of service”), not human rights abuses; when it does get jurisdiction over a crime against civilians, it almost never convicts. For such cases, it is an impunity factory.

Cambio explained the legal machinations:

The indictment hearing was scheduled for the first days of August, but in an unexpected decision, the 106th judge of Military Criminal Instruction of Puerto Leguízamo [Putumayo] accepted the request of the soldiers’ lawyers and sent the process to the Constitutional Court to resolve a jurisdictional conflict. The judge’s decision has been criticized because a month after the operation, in May 2022, the same Military Criminal Court sent the process to the Prosecutor’s Office, arguing that the possible human rights violations could not be considered acts of service.

The Constitutional Court has yet to decide whether the Alto Remanso massacre case will go to the military justice system, where justice is unlikely, or the civilian system, where prosecutors and investigators have done thorough work and are ready to go. Colleagues at Human Rights Watch just sent an amicus brief to the Constitutional Court asking it to slap down the military attorneys’ gambit, and move the case back to the civilian justice system.

The military attorneys may be happy just to run out the clock. Cambio warns, “For now, the legal process is suspended and waiting for the Constitutional Court to define the conflict of competences. The clock is ticking, and the ghost of the statute of limitations’ expiration is haunting the investigators’ work.”

The Constitutional Court must act quickly.

The Darién Gap Underscores Just How Lousy Governments’ Options Are For Managing In-Transit Migration

One of many reasons—but a big one—why U.S.-bound migration has hit record levels, and may break records again this fall, is that the Darién Gap jungle region straddling Colombia and Panama is no longer an impenetrable barrier.

In fact, the Darién Gap has been crossed over 330,000 times so far this year, including 82,000 crossings in August, according to the latest in a very good series of reports from New York Times correspondent Julie Turkewitz and photographer Federico Ríos.

Federico Ríos photo from the September 14, 2023 New York Times. Caption: “The journey into the jungle begins, led by a guide from the New Light Darién Foundation.”

It’s not really clear what Colombia and Panama can do about it. The options are really lousy:

  • Try to block migrants? Good luck with that. The Darién Gap is dense, roadless jungle (at least for now). If security forces focus on one pathway, another will open up. And what if Colombia and Panama somehow succeed in blocking migrants? What do they then do with hundreds of thousands of stranded people from all over the world? Fly them back to China, India, Afghanistan, Cameroon, and dozens of other destinations, at huge expense and at huge risk to the returnees? Bus them back to threats and penury in Venezuela and Ecuador?
  • Create a safe movement corridor? Channeling migrants through a route that is government-controlled territory—or, better yet, avoids the environmentally fragile forest entirely—would cut organized crime out of the picture. It would reduce many of the alarming security risks that migrants now face. Governments would have biometric records and other data about everyone attempting to pass through. By registering most migrants and permitting them to transit their territory on buses, Panama, Costa Rica, and Honduras are already doing this. But the political obstacles to “safe passage” approaches are beyond daunting: the U.S. government (or at least, key officials and members of Congress) would condemn and seek to punish Colombia and Panama for waving everyone northward. U.S. officials would fear that the promise of safe passage would attract still more migrants.
  • ”Soft blocking” of migrants? That more or less describes the situation today in the Darién region (and Mexico, Guatemala, and some South American countries). The official position is that migration is an administrative offense, and migrant smuggling is illegal. A handful get detained or deported, and some (usually very low-level) smugglers get arrested. But either security forces view their checkpoints and patrols as opportunities to shake migrants down for bribes, or organized crime takes over routes. Usually both. Migrants get assaulted, robbed, or worse. Some may spend time in state detention. But if they can run that gauntlet and remain alive—and most do, obviously—very few end up discouraged from proceeding northward.

None of these options is promising: some violate the most basic human rights, some assist organized crime, some are simply impossible, and the least-bad choice would hit a political brick wall.

Faced with these very poor choices, it’s not surprising that leaders like Colombia’s Gustavo Petro are reluctant to make in-transit migration a priority. According to the Times:

Colombia’s president, Gustavo Petro, acknowledged in an interview that the national government had little control over the region, but added that it was not his goal to stop migration through the Darién anyway — despite the agreement his government signed with the United States.

After all, he argued, the roots of this migration were “the product of poorly taken measures against Latin American peoples,” particularly by the United States, pointing to Washington’s sanctions against Venezuela.

He said he had no intention of sending “horses and whips” to the border to solve a problem that wasn’t of his country’s making.

That last bit is a veiled reference to a September 2021 incident in Del Rio, Texas, where Border Patrol agents on horseback were caught on camera charging at Haitian migrants on the bank of the Rio Grande. The Times continues:

just like the people running the migration business, he [President Petro] presented his hands-off approach to migration as a humanitarian one.

The answer to this crisis, he said, was not to go “chasing migrants” at the border or to force them into “concentration camps” that blocked them from trying to reach the United States.

“I would say yes, I’ll help, but not like you think,” Mr. Petro said of the agreement with the Biden administration, which was big on ambition but thin on details. He said any solution to the issue had to focus on “solving migrants’ social problems, which do not come from Colombia.”

He expects half a million people to cross the Darién this year, he said, and then a million next year.

He may be right.

UNODC: 230,000 hectares of coca in Colombia last year

According to the Colombian daily El Espectador, the UN Office on Drugs and Crime detected 230,000 hectares of coca in Colombia in 2022. That amount—which extends the dark blue line in the chart below to 2022—would be the most coca that the UN agency has detected in any year since it began issuing estimates in 1999.

Chart: Coca Cultivation in Colombia

Hectares	US Estimate	UN Estimate
1994	44.7	
1995	50.9	
1996	67.2	
1997	79.5	
1998	101.8	
1999	122.5	160.1
2000	136.2	163.3
2001	169.8	144.8
2002	144.4	102
2003	113.9	86
2004	114.1	80
2005	144	86
2006	157	78
2007	167	99
2008	119	81
2009	116	73
2010	100	62
2011	83	64
2012	78	48
2013	81	48
2014	112	69
2015	159	96
2016	188	146
2017	209	171
2018	208	169
2019	212	154
2020	245	143
2021	234	204
2022		230

Colombia was governed for just over the first seven months of 2022 by Iván Duque, and for the remaining less than five months by Gustavo Petro.

Petro was still putting together his government by the time 2022 ended. His drug policy team only published their counter-drug strategy this past weekend. While that is a notably slow pace, it was not the cause for 2022’s result.

Petro has sought to de-emphasize forced eradication of small-scale coca farmers’ crops, which places the government in an adversarial relationship with poor people in historically abandoned territories. Through July, forced eradication is down 79 percent over the same period in 2022. Instead, the new strategy document promotes interdiction, targeting cocaine production and related finances, and other strategies.

Still, critics of the Petro government’s choices will use the 230,000 figure to oppose them. It’s possible, though, that the 2023 coca acreage figure could be reduced, because a historic drop in prices may be making the crop less attractive to many growers.

At wola.org: Crisis and Opportunity: Unraveling Colombia’s Collapsing Coca Markets

Here’s an analysis I’ve been working on, bit by bit, for the past several weeks.

The market in Colombia for coca, the plant whose leaves can be used to produce cocaine, is in a state of historic collapse, bringing with it an acute humanitarian crisis in already impoverished rural territories. The unusually sharp and prolonged drop in coca prices has several causes. WOLA has identified 12 possible explanations, some more compelling than others.

Regardless of the reason, the crisis is sure to be temporary as world cocaine demand remains robust. The Colombian government, and partner and donor governments including the United States, should take maximum advantage of this window of opportunity before it closes. The humanitarian crisis offers a chance for Colombia to fill vacuums of civilian government presence in territories where insecurity, armed groups, and now hunger are all too common.

Read on—in English or Spanish, HTML or PDF—at WOLA’s website.

In Colombia, attacks on human rights defenders, social leaders, and ex-combatants are gradually declining

Two sources point to a welcome, though still woefully insufficient, decline in the number of human rights defenders and social leaders being killed in Colombia.

During the first half of 2023:

  • According to Colombia’s Human Rights Ombudsman’s Office (Defensoría del Pueblo), 92 social leaders and human rights defenders were killed between January and June 2023. That is down 19 percent from the 114 killings that the Defensoría counted between January and June 2022.
  • According to the count kept by the independent journalism site La Silla Vacía, 77 social leaders were murdered in the first six months of 2023. That is down 25 percent from the first half of 2022.

The United Nations Verification Mission in Colombia, which produces quarterly reports on implementation of aspects of the 2016 peace accord, also found a downward trend in murders of demobilized former members of the FARC guerrilla group. In its latest report, the Mission counts 18 ex-combatants killed between January 1 and June 26, 2023, roughly 30 percent behind the pace of 2022, and the trend has been declining since 2020.

From UN document: Since the signing of the Peace Agreement, the Mission has verified:

375 KILLINGS
11 Women
54 Afro-Colombians
35 Indigenous

129 ATTEMPTED HOMICIDES (10 Women)

32 DISAPPEARANCES (All Men)

Twelve former combatants (all men) were killed during this period in Caquetá, Cauca, Chocó, Guaviare, Huila, Meta, Putumayo and Valle del Cauca.

2017: 33
2018: 65
2019: 78
2020: 75
2021: 55
2022: 50
2023: 18

This is all good news, though Colombia is still far from zero.

Why is it happening? Some credit may go to the nearly year-old government of Gustavo Petro, which has extended many of the country’s armed groups an opportunity to negotiate peace or demobilization, which gives them an incentive to improve their behavior toward non-combatants.

In the case of attacks on former FARC combatants, the demobilization process happened six years ago now, so “people just getting on with their lives” is something of a factor. Still, the UN warns that “persisting violence continues to jeopardize the process.” Indeed, imminent threats from FARC “dissidents” is forcing the relocation of sites for demobilized guerrillas in Vistahermosa and Mesetas, Meta, a few hours’ drive south of Bogotá.

Colombia in the 2024 Foreign Aid Bill

As of yesterday, the House and Senate Appropriations Committees have completed work on the 2024 State and Foreign Operations appropriations bill—more colloquially, the “foreign aid bill.” The Republican-majority House appropriators approved their bill on July 12, and Senate appropriators approved theirs on July 20.

Here’s a very top-level overview of Colombia provisions in the 2023 foreign aid budget, what the Biden administration requested of Congress in March, and the House and Senate bills as they’ve emerged from committee.

U.S. Assistance to Colombia in the State/Foreign Operations Appropriation

2023 lawBiden Administration RequestHouse Appropriations Committee (bill / report)Senate Appropriations Committee (bill / report)
Total amount
(Omits Venezuela migrant aid, Defense Department aid, some smaller accounts)
$496 million$444.025 million“Deferred”$487.375 million
USAID Economic Support Funds$153 million$122 million Unspecified, except $25 million for “Afro-Colombian and Indigenous Communities” and $15 million for “Human rights”
USAID Development Assistance$95 million$103 million Unspecified, except $15 million for “Colombia biodiversity”
International Narcotics Control and Law Enforcement$175 million$160 million  
Nonproliferation, Anti-Terrorism, Demining, and Related Programs$21 million$10 million  
Foreign Military Financing$38.5 million$38 million $28.025 million
UN High Commissioner for Human Rights$3 million  $3 million
Human rights conditions on military and some police aid20% of FMF; 5% of INCLE for Colombia’s National PoliceNoneNone20% of FMF; 5% of INCLE for Colombia’s National Police

The next steps after this:

  • Both houses must approve their bills (changes to Colombia provisions are unlikely).
  • A “conference committee” must resolve differences.
  • Once that revised and combined bill is approved, it gets sent to the President for signature, often combined with several other budget bills into a single “omnibus” bill.

New Invamer poll in Colombia

Chart of Invamer's time series of presidential approval/disapproval ratings, going back to 1994. Shows Petro now at 40% approval and 51% disapproval.

It’s been rare over the past 10 years for Colombia’s Invamer poll to show a president with a higher approval than disapproval rating. One such moment, the first months of Gustavo Petro’s presidency, has ended for now.

Colombia’s Blu Radio has the entire 112-page PDF of the poll’s results, with long time series. Also interesting:

Colombia’s National Police remain underwater.

Time series shows Colombia's police first being more unfavorable than favorable circa 2016, then decidedly so after mid-2020. Latest is 42% favorable, 50% unfavorable.

The Prosecutor-General’s office continues to enjoy little trust under Francisco Barbosa’s leadership.

Fiscalía General:

Current approval: 26&
Current disapproval: 61%

Support for granting TPS to Venezuelan refugees remains low, but is higher than ever.

Support: 41%, Oppose: 56%

A 19-point margin of support for the ELN peace talks—but it was a 41-point margin in August.

February: 56% agree with the government having restarted ELN talks, 37% disagree. In August it was 69-28.
Older Posts
This work is licensed under a Creative Commons Attribution 4.0 International License.