Adam Isacson

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

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Paramilitarism

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.

Top Defense Official in 2004: Backing Paramilitarism “Goes With the Job”

For nearly 20 years, when uniformed U.S. military deploy to Latin America, the U.S. Southern Command has required that they carry a little card reminding them of “the five ‘Rs’ of human rights”: to “recognize, refrain, react, record, and report” if they hear of, or witness, a human rights violation.

Higher up in the Pentagon, though, standards have been lower.

The National Security Archive just revealed a 2004 memo from Peter Rodman, the assistant secretary of defense for international security affairs in Donald Rumsfeld’s Pentagon (George W. Bush’s first term). It’s a series of bullet points addressing the suspicious past of Colombia’s then-president, Álvaro Uribe.

Uribe almost certainly had dealings with the paramilitaries (AUC) while governor of Antioquia [the department that includes Medellín, between 1995 and 1997],” Rodman informs Rumsfeld. But he brushes it off: “It goes with the job.

“Goes with the job?” The AUC, at the time, was on the Bush administration’s list of foreign terrorist organizations. The Bush administration had in fact added the AUC to the U.S. list of foreign terrorist organizations on September 10, 2001. At the time, AUC leaders were sending hundreds of tons of cocaine to the United States. The AUC grew rapidly in size and strength in Antioquia while Uribe was governor, committing massacres including one that destroyed the village of El Aro in 1997—a crime for which Colombia’s Supreme Court recently called Álvaro Uribe to provide testimony. During the late 1990s and early 2000s, the paramilitaries committed the majority of extrajudicial killings and massacres in Colombia’s conflict, according to the government’s National Center for Historical Memory.

Assistant Secretary Rodman was not ignorant about Colombia. In August 2001, he had a long exchange with reporters about an initiative for which he was playing a lead role: the new Bush administration was reviewing U.S. policy toward the country with an eye to allowing Colombia’s military to use counter-drug aid to fight its armed conflict.

No U.S. official would ever, during Uribe’s presidency, have said publicly that the Colombian president—a Bush administration favorite—had links to the paramilitaries. In private, Rodman’s blasé attitude about a group that was killing thousands of civilians per year—a listed terrorist organization, no less, during the war on terror’s most intense moment—flies directly in the face of the uniformed U.S. military’s publicly stated attitude toward human rights in Latin America, going back to the 1990s.

Southcom’s “five ‘Rs,’” if truly observed, would have required evidence about Uribe’s dealings with the paramilitaries to have been recognized, reacted to, recorded, and reported, while U.S. officials should absolutely have refrained from shrugging it off as something that “goes with the job.” The exact opposite happened.

Who are Colombia’s “Black Eagles?”

“The weeks following the [June 17] elections witnessed an upsurge in killings of social leaders,” reads last Friday’s UN Secretary-General report on Colombia. The killings have come alongside an even larger wave of death threats sent to political activists, human rights defenders, journalists, and social leaders in just about every corner of the country.

Often, the threats come from an apparent paramilitary group calling itself the “Black Eagles” (Águilas Negras). This name has been attached to death threats since shortly after 2006, when the old United Self-Defense Forces of Colombia (AUC) paramilitary umbrella organization dissolved.

Curiously, though, nobody ever actually sees Black Eagles anywhere in Colombia. Especially in the last several years, there is nowhere in the country where a group using that name actually controls territory. The Colombian think tank INDEPAZ found, for 2016:

The presence of this structure was detected in 41 municipalities [counties] in 19 departments, the highest since 2012. Its actions are concentrated on threatening social leaders, human rights defenders, social movements and collectives, and others. In recent years, its presence has been disarticulated, and hasn’t shown control over any zone in particular.… The increase in its presence coincides with the largest year [then, 2016] for killings of social leaders and human rights defenders.

INDEPAZ map shows counties where Black Eagles issued threats in 2016.

Who really are the Black Eagles, then? In at least some cases, they might be members of Colombia’s security forces.

In their 2016 book Los Retos del Posconflicto, León Valencia and Ariel Ávila of the Bogotá-based Peace and Reconciliation Foundation contend that the “Black Eagles” don’t really exist: they are a name that others use to threaten and intimidate social leaders and human rights defenders.

In particular, they add an allegation that I’ve heard in numerous conversations with Colombian human rights defenders, but haven’t seen in print elsewhere: that some of those making threats as “Black Eagles” are elements of military or police intelligence. On page 120:

The “Urabeños” sought to subordinate by force, or to establish alliances with, existing armed groups while allowing them to stay in place. In some zones where they established a presence, they even used other names to carry out their criminal activities. For example, to threaten social and political leaders, in some zones they used the name “Black Eagles,” a denomination that has also served intelligence sectors within the security forces to intimidate and to create confusion, especially during the last two years due to the advances of the peace process.

Records of paramilitary atrocities are “moth food” today

As many of you remember, in 2006 Colombia embarked on the so-called “Justice and Peace process” after 32,000 members of the paramilitaries (the United Self-Defense Forces of Colombia or AUC) demobilized. (A top ex-paramilitary leader recently said that as many as 12,000 of those weren’t even paramilitaries, just people rounded up at the last minute.)

At their late-1990s and early-2000s height, the AUC was committing more human rights abuses than the guerrillas. While the FARC and ELN led in categories like kidnapping, landmine use, and child recruitment, paramilitaries—often working with the military’s acquiescence—were committing more murders, massacres, displacements, and torture.

Of the 32,000 demobilized “paras,” a subset believed to have committed war crimes was to undergo full judicial confessions, and then to pay a reduced sentence of up to eight years in prison.

So whatever happened? This paragraph, from an April 2017 report by Colombia’s Antonio Nariño Project (PAN), is devastating.

As of December 26, 2016, 7,531 applicants [for lighter penalties in exchange for full confessions in the Justice and Peace system] had given confessions, and 49 sentences had been handed down. According to the Prosecutor-General’s Office [Fiscalía], there are 76,981 technical records of these confessions. However, in accordance with the law [Law 975 of 2005, known as the Justice and Peace Law], only people directly involved in the events described may have access to these technical records. Journalists and media outlets are excluded. Sebastián Salamanca, the PAN’s coordinator, says that “the hearings’ video archives are rotting in offices and we citizens can’t access them; those documents, necessary to know the truth about what happened in the war, today are moth food.”

Hat tip to scholar Camilo Tamayo Gómez for pointing this out in a recent column in Medellín’s El Colombiano.

This work is licensed under a Creative Commons Attribution 4.0 International License.