Adam Isacson

Still trying to understand Latin America, my own country, and why so few consequences are intended. These views are not necessarily my employer’s.

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Public Security

WOLA Podcast: “How do we define success?” Jonathan Rosen on governments’ approaches to organized crime

I had a fun conversation yesterday with Jonathan Rosen. Here’s the description from WOLA’s site:

Jonathan Rosen, assistant professor of Criminal Justice at Holy Family University in Philadelphia, has published a large body of books, articles, and edited volumes in the past several years on drug policy, organized crime, corruption, state failure, and violence in the Americas.

Here, Dr. Rosen shares a strong critique of “mano dura” approaches to crime and violence, the disjointed and short-term nature of U.S. policymaking toward Latin America, and the persistence of counter-drug strategies that simply don’t work.

He also discusses his experience as an expert witness in about 100 asylum cases involving threatened Latin American citizens in immigration courts around the country.

Listen above or download the .mp3 file.

“Infographics” section added to colombiapeace.org

(Cross-posted at colombiapeace.org)

We’ve just added a page with nine visualizations of data regarding peace, security, and human rights in Colombia. We’ll update these, and add more, as we make them.

At the bottom of each are shortened links to the documents from which we drew the information. The current collection of infographics covers the demobilized FARC population, U.S. aid, registered victims, U.S. cocaine prices, coca cultivation and eradication, cocaine seizures, homicides, kidnappings, and forced displacement.

We hope you find these useful. Like everything produced by WOLA on this site, you’re free to use them with proper attribution, under the Creative Commons Attribution 4.0 International License.

Why are homicides declining in Colombia this year?

An argument I included in Monday evening’s post, about the Colombian Defense Minister’s security performance, raised a few hackles on social media.

That post cited President Iván Duque’s crediting Defense Minister Guillermo Botero for a 2 percent reduction in homicides so far in 2019, compared to the same period in 2018. To refute it, I cited the work of Colombia’s Peace and Reconciliation Foundation, whose big annual analysis of the conflict, published in August, looked at the data for the first half of 2019.

Much of the 2018-19 decrease in killings, that report concluded, owes to shifts in the landscape of armed groups and organized crime—not to the Duque government’s security policies. In Colombia’s historically conflictive regions, homicides rose in 2018—then shrank in 2019 so far, as armed groups achieved regional monopolies, entered into non-aggression pacts, or otherwise altered their behavior, making many territories less violently disputed.

Some on social media found this argument insulting. A few analysts, some of whom have carried out security policymaking for the Bogotá municipal government, called me out for failing to credit to the work of Colombia’s security sector, especially those in charge of security in the main cities, which have seen important drops in homicides. For them, this argument crediting organized crime realignments lacks “responsibility,” was “politicized,” and “doesn’t stand up to the most minimal empirical analysis.”

I’m sorry, but I need to push back a bit. Let’s unpack this further.

First, I’m not talking about the progress made since 2010, or since 2002. I’m talking about the 2018-19 timeframe, for which Colombia’s government claims a 2 percent reduction in homicides year-to-date, after a 6 percent increase from 2017 to 2018.

Between 2002 and 2008 or so, and again between 2013 and 2017, Colombia achieved some very important decreases in homicides, unlike anything seen elsewhere lately in Latin America. And I absolutely agree that much of it owed to government policies, especially in the larger cities.

But then there was a hiccup in 2018. After the FARC’s demobilization and exit from many areas, homicides increased last year amid a violent reordering of organized crime and armed-group activity and a continued absence of state presence.

Daniel Mejía of the University of the Andes, a former Bogotá municipal security secretary, tweeted violent crime data charts appearing to show an inflection point after August 2018, when President Iván Duque was inaugurated. Mejia sees this as evidence of the new Colombian government’s actions.

Why would that happen right after August 2018? Did Duque and Minister Botero offer a superior recipe for dealing with insecurity? Was Colombia in need of a conservative government’s more iron-fisted approach? Or have lots of other, parallel, things happened in Colombia since August 2018?

These 15 months saw, for instance, a non-aggression pact form between ex-FARC and other groups in the violent port city of Tumaco, and in surrounding Pacific coastal areas used heavily for cocaine trafficking. It saw the ELN all but vanquish the EPL guerrilla/criminal group in the Catatumbo region. It saw a group called “La Mafia” consolidate its presence, avoiding aggression with FARC dissidents, in Putumayo. In Arauca last month, I was told the ELN and FARC dissidents had entered into a non-aggression pact. I heard the same in Chocó about similar arrangements between the ELN and FARC dissidents and, in some parts of the department, between the ELN and the Gulf Clan neo-paramilitaries.

These are just a few examples. A proliferation of these “new equilibria,” most of which date to after August 2018, can’t be dismissed as a potential reason for this period’s drop in homicides.

Second, I’m hardly talking about Colombia’s main cities, most of which for years have had homicide rates well below those of Baltimore, Detroit, St. Louis, and several other U.S. cities. There, talented security technocrats and honest cops have achieved strong gains.

In 2018, homicides continued to drop in cities like Bogotá, Medellín, Cali, and Barranquilla. But the country as a whole saw an increase. Something was seriously wrong in some smaller cities and rural areas where the drug trade and armed groups have thrived. But not the principal cities.

“In effect,” concludes the cited Peace and Reconciliation Foundation report, “the 2018 increase in violence took place in municipalities with the greatest institutional weakness, the presence of illegal markets, and low institutional capacity—that is, in rural areas that have historically been affected by violence. In the big cities and in coca-free municipalities, the violent homicide trend continues to diminish.”

But then in 2019, the trend reversed again: homicides are down nationwide. In its August report, the Peace and Reconciliation Foundation crunches the national medical examiner’s data from January through June 2019, comparing it with the same period in 2018. It finds 497 fewer homicides across Colombia during that 6-month period, which in fact is more than a 2 percent decrease.

But it gets more interesting. The Foundation identifies 281 municipalities (counties; Colombia has 1,100) that are “priorities for the post-conflict”: places where government presence is scarce and there’s a history of armed-group activity. Those municipalities made up 30 percent of homicides in 2018. Colombia’s five largest cities made up 28 percent, and the rest of the country shared the other 42 percent.

During the first half of 2019, the medical examiner’s data show these 281 municipalities with a surprising 13 percent fewer homicides: 243 fewer people were killed here compared to the first half of 2018. As noted, nationwide over the same period, homicides declined by 497, so almost half of Colombia’s homicide reductions during January-June 2019 happened in the 281 most troubled municipalities. Colombia’s other 800-plus municipalities, including the major cities, shared the other half.

That is a remarkable result. What’s the miracle in these historically abandoned corners of the country? It’s not a big increase in government presence: the PDETs, “Zonas Futuro” and other post-conflict plans to introduce government into these territories are still just getting off the drawing board. It’s not the genius of urban security planners, whose writ hardly extends to the “priority for post-conflict” municipalities.

That’s where the Peace and Reconciliation Foundation’s hypothesis comes in. Something has happened, in many long-abandoned regions, among the armed groups themselves, without regard to government policy. This makes sense to me, as the most plausible explanation for why homicides have declined in conflictive rural areas. I’m actually surprised, when referring to what’s happening outside of the cities, that it would even be that controversial. Meanwhile, the contrary evidence presented to me doesn’t knock it down.

(A bigger project for another day—I’m traveling right now—would be to use the Colombian National Police’s homicide statistics, downloadable here as big Excel spreadsheets, code the “priority for post-conflict” municipalities, and view the year-to-date data to see whether it differs from Peace and Reconciliation’s number-crunching, and if so how.)

Notes from Chocó, Colombia

After our early October visit to Arauca, Colombia, WOLA colleagues and I spent several days in the middle section of Chocó. This department (province) borders both the Pacific and Atlantic, as well as Panama, in Colombia’s far northwest. It’s been a week and a half since we completed this last leg of our trip. It took a while for me to type up these notes, in part because the situation I’m describing is so grim.

Chocó is big and sparsely populated, with about a half-million people in an area the size of Vermont and New Hampshire combined. It is beautiful and biodiverse. Most of its forests remain in pristine condition—for now—which helps make it one of the two or three rainiest places on the planet. It has thousands of miles of rivers.

The green line shows the routes we took in Chocó. It also shows how few roads (the red lines) exist in a department the size of Vermont and New Hampshire combined.

It is also Colombia’s poorest department, with a very slight presence of the government. Over 90 percent of the population is Afro-Colombian or indigenous. Chocó is mostly roadless, and the only way to get around is via rivers, especially the Atrato, which runs from about 40 miles east of the Pacific into the Caribbean. Fuel is expensive, and so is riverboat travel.

Quibdó, Chocó’s capital.

Because Chocó is hard to get around, our visit was limited to the middle and upper Atrato River regions, a few hours north and south of Quibdó, the capital. The Atrato, which flows from south to north, is a major vector for trafficking cocaine and other contraband, and has long been violently contested by drug traffickers and armed groups.

The middle and upper Atrato is living a tense calm, sandwiched between more violent regions of Chocó to the north and south. The lower Atrato river, flowing into the Caribbean in northern Chocó, is a site of intense fighting between the ELN guerrillas and paramilitary groups, which have gained control of principal towns. To the south of where we went, in Chocó’s San Juan and Baudó river valleys, fighting between the ELN and paramilitaries (and more recently, FARC dissident groups) has displaced thousands of people, mostly indigenous communities.

In the communities we visited in the middle and upper Atrato regions—just as in Arauca—security conditions aren’t as dire, but the armed groups are on the move. People told us they had lived a period of peace from about 2016 to 2018. This coincided with the latter phases of the FARC-government peace negotiations and the FARC guerrillas’ subsequent withdrawal and demobilization in Chocó. “With the Santos government and the peace process, we breathed a new breath of tranquility,” a social leader told us. Populations’ mobility increased, and forced recruitment and laying of landmines abated.

Boats parked by the Malecón, on the Atrato River in central Quibdó.

As in Arauca, we heard that this began to get worse in late 2018 and early 2019. As in Arauca, we heard that the ELN and a growing number of FARC dissidents are observing a loose and fragile non-aggression pact (at least in the middle region; in southern Chocó, they are fighting). As in Arauca, we heard of large-scale recent recruitment by all armed groups, mostly of minors. A few times, social and religious leaders in the upper and middle Atrato used the term “time bomb” to describe conditions: a fear that violence may soon explode to levels not seen since the armed conflict’s worst years. We heard similar concerns in Arauca.

In Chocó, the ELN guerrillas quickly filled the vacuums left by the demobilizing FARC’s 34th and 57th fronts. Their territorial control was quickly contested by paramilitaries, nominally affiliated with the “Gulf Clan” organized crime network. More recently, some demobilized FARC have rearmed, though it appears that most of the dissidents’ membership are new recruits. Many communities now live in contested territory, which is far worse than living under the monopoly control of a single armed group.

The guerrillas, dissidents, and paramilitaries fight for control of trafficking routes. Paramilitaries are also violently appropriating land deeded to Afro-Colombian and indigenous communities. Quibdó, a frequent destination for displaced people, is hardly an oasis of calm. Urban violence, much of it gang or armed-group related, has left Quibdó with one of the highest homicide rates among Colombia’s mid-sized cities. Nearly all businesses in the capital must make extortion payments to someone.

A riverine checkpoint manned by Colombian Marines near Vigía del Fuerte and Bojayá.

Colombia’s security forces, to the extent they’re present, stand widely accused of collaborating with the paramilitaries, allowing them to pass through riverine checkpoints, sometimes in large numbers, and to bring their illicit products downriver or overland into Panama. We heard this denounced several times. “The paramilitaries pass by in boats easily,” a social leader told us. “There’s no trust with the security forces,” said another. “If you talk to them about something, the paramilitaries will get the information.… I see, and I stay quiet—that’s how the people have to be.”

For the military, collaboration with paramilitaries is not a counterinsurgency strategy, as it was in the 1980s-2000s. It’s mainly corruption: local personnel are getting something in return. And to some extent, it’s fear: what would actually happen to an army, police, or marine commander who challenged the paramilitaries or seized large amounts of their cocaine? Would forces based in faraway Bogotá, Medellín, or even Quibdó be able to protect that officer from retribution? It’s doubtful.

A boat’s-eye view of Vigía del Fuerte, Antioquia, across the Atrato River from Bojayá.

The resurgent ELN is treating the population brutally, controlling their movements, recruiting youth, and laying landmines. Residents of riverside communities say they are crueler than the FARC. Rapes of women, in particular, are happening “every day.” ELN leaders are ignoring communities’ attempts at dialogue. “With the FARC we knew who to talk to, now, we don’t. You get a phone number, nobody answers,” a leader told us.

Paramilitaries are similarly terrorizing the population. Combat and tight controls on people’s movement have confined indigenous communities up the Atrato River’s tributaries. Guerrilla landmines are doing the same. Confined communities are suffering malnutrition and lack of medical care. Selective killings are increasing. Paramilitaries are arriving in communities demanding that they turn over social leaders.

Names of the victims of the 2002 Bojayá massacre.

We visited the town of Bojayá, on the Atrato about 3 1/2 hours’ boat ride downriver from Quibdó. In May 2002, Bojayá was the site of one of the worst massacres in the history of Colombia’s conflict. During an episode of combat between the FARC and paramilitaries, much of the town’s population was taking refuge in its church. The FARC indiscriminately launched a gas-cylinder and shrapnel bomb into the church, killing 79 people, most of them children, and wounding many more. Even before the FARC peace talks concluded, local guerrilla leader Pastor Alape visited Bojayá and asked for forgiveness.

Interior of Bojayá’s rebuilt church, site of a 2002 FARC indiscriminate bombing that killed 79 civilians who had sought refuge there.

Bojayá’s victims have received some reparations from the government, including the building of a new town about a kilometer upriver (a town that lacks electricity much of the time), and money that many used to buy their own riverine passenger boats. Still, Bojayá’s residents feel unsafe as the ELN activates and paramilitaries move in from the north. Bojayá and the town across the river, Vigía del Fuerte, Antioquia, sit on a junction of rivers that is strategic for trafficking and control of tributaries. Opogadó, about an hour downriver in Bojayá municipality, has seen a jump in selective killings this year. “Bojaya is remembered for a massacre. We don’t want there to be another,” said a local leader.

Names of the victims of the 2002 Bojayá massacre.

Chocó also has a lot of illegal gold-mining, causing severe environmental damage on rivers. Criminal groups, usually with acquiescence or collaboration from local political leaders, send dredges and backhoes up the Atrato’s tributaries, digging up river banks and dumping mercury into the streams. Some rivers have been “killed” by the churning of their banks, leaving them wide, shallow, and impassable. There is less mining now than before, thanks to a police crackdown, but some tributaries continue to suffer from it. And once gold is mined, it mixes in with “legal” gold and can’t be interdicted easily. The mining thrives with corruption, which allows it to operate in the open in some river tributaries.

Abandoned classroom next to the church in old Bojayá.

Political corruption is epic in Chocó. The two dominant political clans, the Sánchez Montes de Oca and Torres networks, face numerous accusations (and some convictions) of collaboration with paramilitary groups. With a well-oiled political machinery, their preferred candidates are likely to do well in the October 27 local elections.

Bojayá’s basketball court reverts to jungle.

Chocó also has coca, mainly in the San Juan and Baudó river regions south of where we were. But it is not a major producer: the UNODC measured 2,100 hectares in 2018, putting Chocó in 11th place among Colombia’s 32 departments, a reduction from 2,600 in 2017. Chocó is unlikely to be a major target of U.S.-backed forced eradication (or renewed aerial herbicide fumigation) campaigns.

Mural in the “new” Bojayá, just upriver from the old Bojayá.

I wish I could end these notes with something positive about what we saw. Chocó does have a very strong network of civil society groups, especially Afro-Colombian community councils, indigenous reserves, victims’ associations, the Catholic Church’s Quibdó Diocese, and—perhaps most vibrantly—women’s groups.

Many have been promoting a humanitarian accord, committing the ELN to respecting the civilian population, the government to protecting citizens and breaking up paramilitary groups, and both parties to restarting negotiations. But for now, with ELN peace talks over since January, the “Acuerdo Humanitario Ya” movement is having trouble getting traction. Meanwhile, the social leaders promoting peaceful solutions are keeping a lower profile amid worsening threats and attacks.

These civil society groups need all the solidarity and international accompaniment that they can get. Especially now, as the “time bomb” keeps ticking in Chocó.

Notes from Arauca, Colombia

Greetings from Bogotá. I’m here briefly after a few days in the department of Arauca, in northeastern Colombia along the border with Venezuela. We visited the towns of Arauca (the departmental capital), Arauquita, and Saravena, holding 17 interviews with human rights defenders, political office holders, social movements, the armed forces, youth groups, trade unionists, and academics.

Looking north at Arauca city. Beyond the buildings, to the horizon, is Venezuela.

Arauca, population less than 300,000, has a tough reputation. It’s a cattle and oil-producing region that since the 1980s has been one of the main strongholds of the ELN (National Liberation Army) guerrillas. Because of that, the 2016 peace accord with the FARC brought only a modest dose of tranquility—and even that is fraying.

A pretty common sight outside the main towns, where there’s no security-force presence.

The ELN has historically been strongest in Arauca’s north and west, along the Venezuelan border and a frequently bombed oil pipeline. The FARC overlapped in the south and center of the department, coexisting uneasily. Right-wing paramilitary groups entered, and caused a spike in violence and victimization, during the first half of the 2000s—a time when the Bush administration gave Arauca-based Colombian military units more than $100 million in assistance to help guard oil infrastructure. During the second half of the 2000s, the FARC and ELN fought a bloody conflict that, though it drew little media attention, killed perhaps 1,500 to 2,000 people—we don’t know how many, because so many families across Arauca had to bury their dead and keep quiet.

Colombian Army armored personnel carrier outside Saravena.

A pact ended the inter-guerrilla fighting around 2010, but the ELN, which has grown deep roots in Arauca, was widely viewed to have “won” that conflict. Its Domingo Laín Front, founded in 1980, may today make up the majority of the ELN’s national membership. This front decreed that farmers must not grow coca, a crop that the FARC had encouraged, and today there is virtually no coca planted in Arauca.

Domingo Laín Front graffiti.

The FARC’s 10th and 45th Fronts demobilized in Arauca after the peace accord’s signature and ratification. Almost 500 fighters turned in their weapons at a village-sized demobilization site in Filipinas, in the center of the department. Araucans recall 2017 and 2018, a period during which the ELN was in peace talks with Colombia’s government, as the most peaceful period in memory: a time when transportation was less risky, businesses could open up, and the guerrillas’ social control was a bit looser.

ELN banner on the highway between Arauquita and Saravena.

That began to end in January of this year when, in a plot hatched in Arauca, an ELN truck bomb killed 21 cadets at Colombia’s police academy in Bogotá. The peace talks ended. Meanwhile, FARC dissidents—most of them new recruits, not demobilized ex-combatants from Filipinas—have sprouted up in some of the areas that were previously under FARC control. 2019 has been a year of increased homicides and attacks on military targets; the military says it has also increased its captures of guerrillas.

Just about everyone we talked to said that Arauca is in a state of tense calm. Campaigning for the October 27 mayoral and gubernatorial elections has been peaceful, unlike several other regions of Colombia. Violence levels are still nowhere near a few years ago, though ambushes and IED attacks on military and police targets are increasing. A pact between the ELN and FARC dissidents appears to be in place.

It seemed like ELN graffiti were all black or red, and all FARC dissident graffiti were blue. Perhaps that’s part of their non-aggression pact.

That, however, is an unstable equilibrium; it could collapse at any time, bringing a new wave of violence. ELN units and FARC dissidents are recruiting new members, and aiming to control areas through campaigns of “social cleansing”—murdering petty criminals, drug users, Venezuelan migrants—that underlie a jump in homicides. Social groups worry that paramilitary organizations are trying to insert themselves, citing recent threats; whether that is actually happening is unclear. They also worry that, with the ELN peace process over, a military offensive may be coming. We didn’t see evidence of that, though the government is drawing up plans to increase its presence in a portion of the department billed as a “Zona Futuro,” a plan that will have a military component.

The Arauca River near Arauquita, with Venezuela in the background. The border is 200-plus-miles long, but there’s only one official border crossing.

Meanwhile, there’s the 200-plus-mile border with Venezuela. Refugees come south in large numbers, though not as large as in the city of Cúcuta further north along the border. We heard many accusations that sounded downright xenophobic—even from human rights defenders—about these refugees’ alleged participation in crime and crowding out of Colombians from the labor market. Colombia’s armed groups are recruiting Venezuelans, mostly minors. And their leaders are spending most of their time on the Venezuelan side of the border. Kidnap victims are often taken across the Arauca river into Venezuela. And all kinds of contraband crosses both ways: drugs to the north, and weapons, cheap gasoline, and stolen cattle to the south.

One of several groups of Venezuelan migrants we saw walking along the highway outside Arauca capital.

I was struck by how much distrust Araucans have for their government: it is nearly total. I heard the word “desconfianza” (mistrust) in nearly every meeting. They feel abandoned to the guerrillas by a government that has done little more than send the military. The military itself devotes most of its resources to protecting oil company infrastructure. We also kept hearing the word “estigmatización” (stigmatization): Araucans believe that the security forces—indeed, the rest of the country—views them as guerrillas or guerrilla sympathizers, as outlaws, and treats them with constant suspicion.

Smuggled cheap Venezuelan gas is on sale all along the road.

Arauca is badly ungoverned, and its tense calm could flare up into severe violence at any time. Colombia’s government could address this by implementing the Development Plans with a Territorial Focus (PDET), a commitment in the peace accord to bring basic government services into 170 of Colombia’s most conflict-battered counties, including Arauca’s western half. (Colombia has about 1,100 counties.)

The PDETs’ delivery of promised roads, healthcare, and development projects are moving slowly on a 10 to 15-year timeline. Meanwhile, President Iván Duque’s government plans at least to jump-start service delivery in a portion of Arauca’s PDET territory, under the “Zonas Futuro” plan, which some we interviewed fear will be too focused on military action. Government officials respond that the military and police in Arauca’s “Zona Futuro” will hand off responsibilities to the civilian government as quickly as possible. It won’t get going until next year.

Checkpoint near the Caño Limón oil installation.

Whatever the plan for improving governance and daily life in Arauca, it will need to address the incredibly deep and pervasive mistrust that the population feels toward government institutions. Building relations between state and population will mean honoring commitments already made, keeping one’s word—and doing it by bringing in parts of the government that don’t carry guns and wear uniforms. It will mean formalizing landholdings, a huge bottleneck to any other development effort in Arauca. It will mean punishing corruption that has reached epic proportions in an oil-producing region that exemplifies the “resource curse.” And it will mean an end to stigmatization of a population that, for the most part, is tired of living under armed groups’ constant influence, and just wants to move in from the periphery and be a normal part of Colombia.

We’re leaving Bogotá shortly for another region of Colombia. I’ll post again when we get back.

Video of my long talk, in Mexico, about “militaries as police”

Many thanks to Mexico’s Universidad Iberoamericana, who along with several other groups organized a May 21-22 conference in Mexico City on the need for civilians to be in charge of security, at a time when it is militarizing throughout Latin America.

They asked me to give a talk about citizen security and the military’s involvement, region-wide. And they gave me 45 minutes to do it. And then they produced this high-quality video, showing all 77 of my slides and sign language for the hearing-impaired. Very impressive.

I think I did a decent job here. The video is in Spanish, with optional closed-caption subtitles (again, very impressive).

WOLA Podcast: Security, Impunity, and Reform in El Salvador

This makes three podcasts in three weeks. I can’t believe it, either. Here’s the latest (which you can download directly here):

An update from Cristian Schlick of El Salvador’s IDHUCA

El Salvador is inaugurating a new president amid a severe security crisis. Tens of thousands of Salvadorans are abandoning their homes each year—most displacing internally and many moving to other countries—due to gang violence. Despite incipient recent reform efforts, government institutions have been either too absent or too corrupt to protect people.

This podcast features Cristian Schlick, a lawyer with the Human Rights Institute of the Central American University (IDHUCA) in El Salvador. He will be speaking at an event on “Violence and Hardline Citizen Security in El Salvador,” hosted by WOLA and the Due Process of Law Foundation, this Thursday March 14 at 4:30PM.

Trust in security institutions across Latin America

All credit here goes to the Chile-based Latinobarómetro polling organization, which carries out an annual public-opinion survey in most of Latin America and the Caribbean. The 2018 poll (PDF) is a fascinating read.

For an upcoming presentation, I wanted to know what the poll said about how Latin Americans are viewing the three government institutions that have the most to do with defense and security: the military, the police, and the justice system. When citizens are asked whether they trust these institutions, the poll shows a huge variation across countries.

Also interesting is the gap, in percentage points, between trust in the armed forces and trust in the police.

Perhaps it makes sense that the police, which are in more regular contact with the population, would be consistently lower. But this is a big problem, because it feeds calls to send the military into the streets to perform crimefighting roles that should be up to civilians.

Links from the past month about “Soldiers As Police” in Latin America

(All the coverage I saw last month was about Mexico.)

Hugo Cruz photo at Proceso (Mexico). Caption: “Protesta contra la Ley de Seguridad Interior.”

Mexico

Un tribunal colegiado de la Ciudad de México validó la entrada en vigor de la Ley de Seguridad Interior (LSI), aunque la Suprema Corte de Justicia de la Nación (SCJN) aún debe revisar

Federal officials say it is a last-ditch effort to bring peace to Acapulco, once a glamorous resort favored by Hollywood celebrities that has become one of the most murderous cities on Earth

Mexico is no closer to creating the effective local police forces that experts agree will be crucial to any effort to control soaring levels of violence

La Comisión Nacional de Derechos Humanos concluyó que el Ejército Mexicano y la policía estatal de Puebla incurrieron en violaciones graves, con acciones como la siembra de pruebas en los cadáveres de dos inocentes, y el atropellamiento de dos civiles

“No crime should be fought with another crime,” the commission said

Un grupo de soldados estuvo presente ayer afuera de la Facultad de Estudios Superiores (FES) Acatlán, de la Universidad Nacional Autónoma de México, acompañando una acción de las autoridades del estado de México para detener a dos menores de edad

74% de los entrevistados calificó como “útiles” las labores de patrullaje de estas dependencias federales en el combate al crimen organizado y la inseguridad del país

The past week in Colombia’s peace process

(Week of September 16-22)

UNODC Publishes Its 2017 Coca Cultivation Estimate

The UN Office on Drugs and Crime published an executive summary of its 2017 estimate of coca cultivation and cocaine production in Colombia. The UN agency has usually produced this document, in complete form, in June or July of each year. Among the latest report’s most notable findings:

  • Coca cultivation increased by 17 percent in Colombia between 2016 and 2017, growing from 146,000 to 171,000 hectares. (A hectare is about two and a half acres.) In June, the U.S. government publicized its own estimate for 2017, finding an 11 percent increase to 209,000 hectares. According to Defense Minister Guillermo Botero, the UN figure is “the official statistic that the Colombian government works with.”
  • 64% of the increase was concentrated in four departments: Antioquia, Putumayo, Norte de Santander and Cauca. Nearly all coca is grown in municipalities where coca was grown a decade ago.
  • The department with the most coca is still Nariño, as has been the case every year since 2006. Nariño makes up 27% of all Colombian coca cultivation, but the crop increased by only 7% there in 2017.
  • Tumaco, a giant municipality (county) in southwestern Nariño, remains the number-one coca-growing municipality in the country. However, coca cultivation declined by 16% in Tumaco last year.
  • The department of Guaviare saw the largest decrease, shrinking 28% from 6,800 to 4,900 hectares. Guaviare, along with Tumaco, has been a main focus of crop-substitution efforts within the framework of the peace accord. In Meta, another department that saw a lot of crop substitution, coca increased 2%.
  • The areas where the Colombian government has managed to get crop-substitution programs up and running comprise 14% of coca-growing territories. But in those territories, cultivation fell 11% in 2017.
  • 33% of coca crops were detected in “isolated areas, 10 km away from any populated center.”
  • 34% of coca crops were detected in areas that were covered by forests in 2014.
  • Probably due to increased supply, prices crashed in 2017. Coca leaf prices fell 28%; cocaine paste fell 14%, and cocaine fell 11% inside Colombia. This isn’t entirely supply and demand: local circumstances, like changes in armed-group control, may be more important factors in some areas.
  • Colombia’s cocaine exports were worth about US$2.7 billion in 2017. Colombia’s coffee exports totaled about US$2.5 billion. Only oil and coal produced more export revenue.
  • All cocaine base produced in the country was worth US$1.315 billion. All coca leaf was worth US$371 million.
  • In the ten municipalities (counties) with the most coca crops, the coca leaf market adds up to US$302 million. These counties’ combined municipal budgets were US$196 million.
  • 5% of coca was planted within national parks, and another 27% within 20 kilometers of a national park.
  • 10% was planted within indigenous reserves. 15% was planted in land belonging to Afro-Colombian communities.
  • 16% of coca was planted within 10 kilometers of a border, mainly those with Venezuela and Ecuador.
  • The National Comprehensive Substitution Program (PNIS), the voluntary crop-substitution program set up by the FARC peace accord, had enrolled 54,027 families by the end of 2017. By June 2018, that had climbed to 77,659 families.
  • Mainly because the bushes have had time to grow taller than they used to be, their yield—the amount of cocaine that can be produced from a hectare of coca—has increased by one third since 2012. As a result, Colombia’s potential cocaine production grew from 1,053 tons in 2016 to 1,379 tons in 2017.
  • Processing that much cocaine required that 510 million liters of liquid precursor chemicals, and 98,000 tons of solid precursors, be smuggled in to very remote areas.
  • “When we talk about coca growers,” UNODC Colombia Director Bo Mathiasen told El Espectador, “we talk about there being today about 119,500 households that depend on that. If we estimate that each family has four members, we are talking about almost half a million Colombians, just those involved with crops.” That is 1% of Colombia’s population of about 50 million.

Asked whether the increase in coca-growing was “a failure of the peace agreement,” Mathiasen replied that Colombia’s government over-promised to coca-growing families.

It’s an agreement with promises that had no basis. They promised more than they could fulfill. The Government does not have the money to fulfill the prior commitments. There was a lack of realistic communication about the resources that were available and what could be delivered. This caused the campesinos to think that if they planted more coca, they could have subsidies and be part of the substitution program.

Mathiasen also criticized the simultaneous implementation of crop substitution and crop eradication, two strategies that “work with different timeframes.” He cautioned against relying too heavily on renewed fumigation of coca with the herbicide glyphosate.

The United Nations does not have an opinion either in favor or against the use of glyphosate, and I must add that it is widely used in agriculture in Colombia and in many countries. The effectiveness of forced eradication has limits. Yes, the plant is done away with, but replanting has historically been high in eradication zones where there is no program of social and economic intervention going hand-in-hand. If you want a more sustainable outcome over time you have to combine forced or voluntary eradication with investment programs to develop these territories.

President Iván Duque said that in coming days, “he would present a new plan to combat drugs that would ‘strengthen our air, sea and land interception capacity’ and ‘dismantle completely the supply chain, both precursors and product,’” the New York Times reported, adding that “so far, he has provided no details.”

Interviewed by El Tiempo, U.S. Ambassador Kevin Whitaker reiterated his support for glyphosate-spraying, despite a California jury’s August ruling that a gardener who contracted cancer was entitled to hundreds of millions of dollars in damages from Monsanto, the company that produces most glyphosate herbicide sold in the United States.

I have always said, and I maintain, that the use of glyphosate is safe and effective. It can be a very important tool in the fight against narcotics as part of eradication, which is only one aspect of a comprehensive program. Evidently there was a jury decision in California, and you have to respect that. But that decision does not change the science at all, and the science is clear.

Government Won’t Name an ELN Negotiating Team Until Conditions Met

In a statement, the ELN’s negotiators in Havana called on the government to re-start frozen peace talks, citing its release of nine captives during the first half of September. The Duque government announced that it would not name a new negotiating team until the ELN releases all hostages. The government has a list of ten individuals who remain in ELN captivity. It is unclear whether all are alive, and the guerrillas have not addressed their cases.

This week the ELN released Mayerly Cortés Rodríguez, a 16-year-old whom guerrillas had kidnapped in Chocó. By holding a minor, government High Commissioner for Peace Miguel Ceballos said, the ELN “broke all the rules.” The ELN’s Chocó-based Western War Front stated that it was holding Cortés not as a hostage, but “to clear up her collaboration with the Marines,” accusing her of providing intelligence to the local unit. The commander of Colombia’s Pacific Naval Force (Marines are part of the Navy) insisted that it does not seek intelligence from minors.

The ELN talks remain stalled. “It’s evident that neither the government nor the ELN wants to be seen as the one slamming the door on the peace process, but neither of the two parties wants to be the one that gives up the most to restart the dialogues,” El Tiempo’s Marisol Gómez observed.

Elsewhere in Chocó, combat between the ELN and Army displaced about 80 indigenous people from the Murindó River reserve.

FARC Dissident Leader “Guacho” is Wounded, Military Says

A military offensive against FARC dissident groups has intensified in Nariño, along what may be Colombia’s busiest cocaine production and trafficking corridor. Last week, troops killed alias “David,” commander of the United Guerrillas of the Pacific dissident group. This week, special forces reported wounding his rival, Walter Arízala alias “Guacho,” commander of the Oliver Sinisterra Front dissident group.

Though born in Ecuador, Guacho rose through the FARC’s ranks in Narino over 15 years, becoming deeply involved in narcotrafficking. He refused to demobilize in 2017, then became one of the two or three most-wanted armed-group leaders in Colombia earlier this year, after he staged attacks on government forces in Nariño and across the border in Ecuador, and then kidnapped and killed two Ecuadorian reporters and their driver. The tragedy of the El Comercio journalists was front-page news in Ecuador for weeks.

On September 15, at a site in the northern part of Tumaco further from the border, a joint unit seeking to capture Guacho was closing in, but was detected by the dissident leader’s innermost security ring. During the resulting firefight, troops shot a fleeing Guacho twice in the back, but his men helped him to escape.

Though Colombian and Ecuadorian troops reportedly did not coordinate, Ecuador’s military and police strengthened security on their side of the border with the aim of preventing Guacho from crossing. There were no new reports about the guerrilla leader’s condition or whereabouts during the rest of the week.

Semana magazine, claiming that Guacho’s influence in Nariño had been declining, reported that the guerrilla leader “is fleeing with the last of his bodyguards, and the search continues.”

Three Mining Company Geologists Killed in Antioquia; Guerrilla Dissidents Blamed

A group of armed men burst into a mining company camp in the predawn hours of September 20 in Yarumal, Antioquia, opening fire and killing Laura Alejandra Flórez Aguirre, Henry Mauricio Martínez Gómez, and Camilo Andrés Tirado Farak. The three were geologists carrying out explorations for Continental Gold Mines, a Canadian company.

No group has claimed responsibility. Colombian authorities told the media that dissident members of the FARC’s 36th Front are very active in Yarumal. Precious-metals mining has been a principal income stream for organized crime groups here and in many parts of the country.

In the nearby municipality of Buriticá, Continental Gold is building what El Espectador calls “the first large-scale subterranean gold mine in Colombia,” which is to begin operation in 2020 and produce an average of 253,000 ounces of gold per year over 14 years.

Accord Implementation Budget Appears Insufficient

Colombia’s Comptroller-General’s Office (Contraloría) sent a new report to Congress on expenditures to implement the FARC peace accord. It concludes that, over the next 15 years, the government will need to come up with about US$25 billion to fulfill the commitments made in the accord. Most of the resources needed would go to the accord’s first chapter on rural development.

The Treasury Ministry has estimated a 15-year cost of accord implementation at 129.5 trillion pesos, or about US$43 billion. The Contraloría sees a need for an additional 76 trillion pesos, which

would represent 0.4% of annual GDP that would be added to the fiscal deficit projected for the coming years. These calculations could increase to up to 1.1% of GDP if we add the additional costs of covering all the municipalities with scattered rural territories as contemplated in the Final Agreement, and the reparation measures in the public policy of attention to victims.

The Contraloría report found that the government spent 6.9 trillion pesos (about US$2.3 billion) in 2017 on activities related to the FARC peace accord.

El Espectador meanwhile notes that Colombia’s defense budget has increased during the post-accord period, growing 8 percent from 2017 to 2018.

FARC Remains on U.S. Terrorist List

The U.S. Department of State released its annual report on international terrorism on September 19. This report includes and updates the Department’s list of foreign terrorist organizations. The FARC—recognized as a political party today in Colombia—remains on that list.

“Colombia experienced a continued decrease in terrorist activity in 2017, due in large part to the November 2016 peace accord with the Revolutionary Armed Forces of Colombia (FARC),” the report reads, citing the disarmament, demobilization, and reincorporation process that the ex-guerrillas underwent last year. Still, a footnote in the report explains that the FARC remains on the terrorist list because the party’s ties to increasingly active guerrilla dissident groups are “unclear”:

The FARC remains a Foreign Terrorist Organization under the Immigration and Nationality Act. However, the Colombian government classifies FARC dissidents as criminals. While the ideological motivations of such groups and ongoing connections with demobilized FARC are unclear, we have included acts of violence by FARC dissidents in this report.

Although the UN verification mission and other observers fault both the Colombian government and the FARC for the slow pace of ex-guerrillas’ reintegration programs, the State Department report places all the blame on the FARC. It essentially faults the ex-guerrillas for insisting on collective reintegration, instead of accepting the government’s standard individual reintegration offer:

The Agency for Reincorporation and Normalization (ARN), formerly the Colombian Reintegration Agency (ACR), is the implementing arm of this process. Delays in implementing the program, caused by the refusal of FARC leadership to permit members to actively and effectively participate, increased the prospects that some ex-combatants would return to engaging in criminal activities.

Asked by a reporter why the FARC party remains on the list, State Department Coordinator for Counterterrorism Nathan Sales offered no specifics.

I’m not going to be in a position to comment on any internal deliberations that may or may not be taking place. What I can tell you is that the statutory standards for getting on the FTO list or getting off the FTO list are very clear, and it – we apply the standards that Congress has given us consistent with the evidence in front of us, and we do that regardless of the organization or country.

Interviewed by El Tiempo, U.S. Ambassador Kevin Whitaker insisted that Washington would push for the extradition of any wanted FARC members believed to have committed crimes after the peace accord’s December 2016 ratification. “Any effort, by any actor or institution, to limit extradition, affects U.S. interests.”

Whitaker criticized a Constitutional Court finding that appears to give the transitional justice system (JEP) the power to review evidence against those wanted in extradition for alleged post-accord crimes, like FARC negotiator Jesús Santrich. The way extradition works, he said, is that the requesting country evaluates the evidence.

The Ambassador also rejected the idea that wanted individuals should first remain in Colombia to provide victims with truth and reparations. “I don’t accept the mistaken idea that if there is extradition, then there can be no truth. In the case of the paramilitaries extradited a decade ago, we have set up 3,000 hearings, including victims, prosecutors, magistrates, etcetera. There has been every opportunity to clarify the truth. So both can be done.”

President Duque Meets UN Mission Chief

Jean Arnault, the chief of the UN verification mission that just had its mandate extended for another year, met with President Iván Duque. Arnault’s mission is overseeing the reintegration and security of FARC ex-combatants, which have moved forward but faced setbacks and obstacles over the past year.

Appearing publicly with the President, Arnault said, “I encourage you to continue with a difficult process, full of obstacles and still very fragile. We encourage you to continue not only for the sake of Colombia, but also for the sake of the international community.” Duque said that the government remains committed to “the people who have genuinely bet it all on demobilization, disarmament, reintegration and non-repetition, can make a transition to coexistence and a life of legality.”

Arnault said that Duque’s six-week-old government was in the midst of a “useful reflection” about its ex-combatant reincorporation policy. Duque and Arnault agreed that finding productive projects for ex-combatants was a priority. These projects, Duque said, “had to incorporate more than 10,000 people in the process, but today do not exceed 100 people.” The President and the mission chief agreed that future reintegration projects should benefit entire communities, not just the ex-guerrillas.

In response to a written request from FARC party leader Rodrigo Londoño, Duque’s government named its representatives to the Commission of Follow-up, Impulse and Verification (CSIVI), the government-FARC mechanism meant to oversee implementation of the peace accord. They are Emilio José Archila, the High Counselor for the Post-Conflict; High Commissioner for Peace Miguel Ceballos; and Interior Minister Nancy Patricia Gutiérrez.

Meanwhile, one of the highest-profile demobilized guerrilla leaders, Luciano Marín alias Iván Márquez—the guerrillas’ lead negotiator during the Havana peace process—remains missing. FARC leaders insist that Márquez has not abandoned the peace process, that he has “clandestinized” himself out of concern for his security.

Márquez is free to roam the country pending his eventual transitional-justice trial for war crimes. But he now faces calls to clarify his situation.

  • The Congressional Peace Committee, which recently traveled to the demobilization site in Caquetá that Márquez abandoned in June or July, published a letter calling on him to “unequivocally reiterate your commitment to this process very soon.”
  • During the week of September 9, the transitional-justice system (JEP) called on Márquez and 30 other former FARC commanders to submit a written statement that each remains committed to the process and intends to comply with the peace accord. The JEP demanded a response within ten business days. Márquez’s lawyer may have bought some additional time by submitting an official information request to the JEP about its demand.

In-Depth Reading

Good discussion today about the origins of Central America’s violence

We covered a lot of ground in an hour and a half. To the extent that we left the audience with a conclusion: Central America has taken some initial steps to get at the causes of violence. These steps are fragile and risk reversal. This fight is going to be long and complicated, probably requiring fundamental institutional and even ethical changes.

Many thanks to Steve Hege and the U.S. Institute of Peace for inviting me to participate. Here’s just the audio:

The Past Week in Colombia’s Peace Process

(Week of September 9-15)

ELN Talks Remain Suspended

In his August 7 inaugural speech, President Iván Duque said that he would take 30 days to decide whether to continue peace talks with the National Liberation Army (ELN) guerrillas. That period has expired, and Duque did not end the talks—but he has suspended them pending the ELN’s renunciation of kidnapping and release of all captives.

ELN fighters freed nine captives over two releases in September. On the 7th, guerrillas in Arauca released three soldiers whom they had taken on August 8. On September 11 in Chocó, they released three policemen, a soldier, and two civilians taken on August 3 from a boat on an Atrato River tributary. The Duque government did not negotiate these releases’ protocols; the ELN performed them unilaterally in coordination with the Catholic Church, the government’s independent Human Rights Ombudsman’s Office (Defensoría), and the International Committee of the Red Cross. “This did not imply any negotiation with the national government,” insisted the Duque government’s peace commissioner, Miguel Ceballos.

While Ceballos and President Duque recognized this gesture, they said there is more to do: they count 10 more individuals who remain in ELN custody. “There were 20 on the list,” Ceballos said, “later there was one liberation in Arauca, and later three more. If we take away the three in Chocó, 10 remain.” Of the ten, one has been a hostage since April 2002; two were taken in 2011, and one in 2012. The ELN has offered no responses about these captives, if they are even still alive.

“The door is not necessarily closed” to peace talks with the ELN, Ceballos told El Tiempo. But Duque’s demands for changed ELN behavior, including a cessation of kidnapping and all other hostilities, may be more than what some ELN commanders might agree to. “I want to be clear,” President Duque said this week. “If we want to build a peace with this organized armed group, they must start with the clearest show of goodwill, which is the suspension of all criminal activities.”

Still, Ceballos told El Espectador the ELN may be flexible. “I think the ELN is understanding things, because if not, this process of liberation of kidnapped people would not have begun. I believe that in these 30 days a space of understanding has been achieved beyond the need for the formal structure of a [negotiating] table. These have been 30 days in which no armed actions have been presented. There’s a dynamic here.”

The Peace Commissioner added that, should talks re-start, the Duque government may seek to alter the negotiating agenda agreed with the Santos government, which has been criticized for imprecise language that has made it difficult to implement. “President Duque said it in a very clear way in Amagá (Antioquia), last Saturday,” he said. “Any future scenario would need a credible agenda and specific timeframes; that necessarily implies the consideration of adjustments.”

Gen. Montoya, Former Army Chief, Appears Before the JEP

Gen. Mario Montoya, who headed Colombia’s army from 2006 to 2008, appeared before the Special Peace Jurisdiction (JEP), the transitional justice system set up by the peace accord. The retired general denied any guilt for human rights crimes. Montoya is the highest-ranking officer to appear before the JEP so far, though another retired general, Henry Torres Escalante, has already appeared in relation to a case of extrajudicial executions.

Montoya resigned in November 2008, amid revelations that members of the Army had killed thousands of civilians, then presented them falsely as combat kills in a criminal effort to boost body counts and earn rewards for battlefield performance. Montoya allegedly pressured subordinates to rack up body counts and produce “rivers of blood” in counter-guerrilla operations, thus creating an environment that rewarded extrajudicial executions, making him emblematic of what Colombians call the “false positives” scandal.

Montoya decided in July to submit to the JEP rather than the regular criminal justice system, where some cases against him had been stalled since 2016. The highly decorated, U.S.-trained general denies any wrongdoing, lawbreaking, or knowledge of his subordinates’ criminal behavior. Though most defendants enter the JEP to confess crimes in return for reduced non-prison sentences, Montoya intends to challenge any charges against him. Should the JEP find him guilty anyway, he could be sentenced to up to 20 years in regular prison.

During his initial hearing in the JEP’s Definition of Legal Situations Chamber, Montoya and his lawyers heard a listing of accusations and investigations against him that had been filed in the regular justice system. Cases included a few dozen “false positives” victims, as well as the “Operation Orion” military offensive in Medellín’s western slums, in October 2002 when Montoya headed the local army brigade, which killed several civilians and benefited from open support of paramilitary groups. Relatives of “false positives” victims attended the hearing.

Montoya’s defense lawyer argued that the general cannot be held responsible for the “false positive” crimes committed when he headed the Army, since the murders took place in units several levels below his command. In the end, Montoya’s hearing had a disappointing outcome: as defense lawyers challenged the standing of some of the victims involved, Magistrate Pedro Díaz suspended the session and put it off for a later date.

FARC Party Holds Conference Marked By No-Shows

News coverage took stock of a “National Council of the Commons,” a meeting of the new FARC political party’s leadership, in Bogotá the week earlier. The “Council” sought to bring together 111 delegates whom the ex-guerrilla membership had elected a year ago, to make decisions about the party’s future.

In the end, 29 of the 111 did not appear. Five have resigned their posts. Seven offered excuses for being unable to attend. Another 17, though, gave no reason for their absence. That number includes:

  • Luciano Marín alias Iván Márquez, the FARC’s chief negotiator during the Havana peace talks. Márquez left Bogotá and abandoned the Senate seat that awaited him in April 2018, after the arrest of Jesús Santrich, a close Márquez associate and fellow negotiator. Santrich is wanted in extradition by a U.S. federal court in New York on charges of conspiring to send cocaine to the United States. Until June or July, Márquez—a hardliner on the FARC’s left flank who was the top vote-getter when the membership chose delegates last year—abandoned the demobilization site where he had been staying in the southern department of Caquetá. He blamed nearby “military operations” and concerns for his security. His whereabouts are now unknown. It is not clear at the moment whether he intends to continue participating in the peace process.
  • Hernán Darío Velásquez alias El Paisa, the former head of the FARC’s feared Teófilo Forero mobile column, disappeared around the same time as Márquez; he was managing the Caquetá demobilization site where Márquez had been staying.
  • Henry Castellanos alias Romaña, who led FARC units that kidnapped hundreds in a region just south of Bogotá, had been managing a demobilization site in Nariño but has also gone clandestine.
  • Fabián Ramírez, a former top leader of the FARC’s Southern Bloc.
  • Zarco Aldinever” and “Enrique Marulanda,” who managed the demobilization site in Mesetas, Meta.
  • Iván Alí,” who ran a site in Guaviare. (Peace Commissioner Miguel Ceballos said that he met with “Alí” days before his disappearance, and that the FARC leader had told him “he was going to [the remote eastern department of] Vichada and that communication would be difficult.”)
  • Albeiro Córdoba,” who ran another site in Guaviare.
  • Manuel Político,” who ran a site in Putumayo.

Most of the missing 17, points out La Silla Vacía, come from the former guerrilla group’s Eastern and Southern blocs, where were its strongest militarily at the time the peace accord was signed.

Most members of the Colombian Congress’s Peace Committee visited Caquetá September 10 to seek information about the missing leaders. Sen. Iván Cepeda, a close supporter of the FARC peace process, said that people “very close” to Márquez and “El Paisa” told them that the two men remain committed to the peace process, and in fact are still in Caquetá. Both, however, fear being extradited capriciously, Cepeda said, adding that both had heard spurious rumors about pending arrest warrants. The Colombian government, Cepeda said, needs to find a way to keep “extradition from becoming a sort of detonator for the end of the peace process.”

Some of the missing leaders sent messages insisting that they remain in the peace process. A letter from “Romaña” appeared in which he reiterated his will to honor his demobilization commitments. Fabián Ramírez also sent a letter affirming his continued participation, though he expressed deep mistrust as a result of Santrich’s arrest. Ramírez said that, along with 100 other ex-guerrillas, he was seeking to set up a new, safer demobilization space with the goal of preventing their defection to dissident groups.

The disappearances are a sign of deepening internal divisions within the FARC. These were laid bare in a strongly worded letter from former Southern Bloc leader Joaquín Gómez and high-ranking ex-commander Bertulfo Álvarez. It accuses maximum leader Timoleón Jiménez and other Bogotá-based FARC bosses—most of whom have turned out to be political moderates—of “spiteful and vengeful lack of leadership.” The letter accused Jiménez of “dedicating himself to defending the bourgeois order with surprising and unexpected zeal.” The letter’s authors, who run the demobilization site in La Guajira, cited health reasons for their absence from the Bogotá meeting.

FARC Senator Victoria Sandino blamed security concerns for many of the no-shows, and denied that the FARC is dividing.

“No, there is a debate. Many people make criticisms within the party, but none will make criticisms like ‘oh no, let’s go back to guns, let’s create another party.’ No. There are internal political debates, but those debates aren’t about separating. There are some comrades who are critical of [accord] implementation, but I guarantee that in these debates none, absolutely nobody, has expressed the idea that the way out of here is to return to arms. No one.”

In the end, the FARC “Council of the Commons” agreed to set up an executive committee to prepare for October 2019 local elections, with regional representatives including Joaquín Gómez. They decided that going clandestine for security concerns was acceptable behavior, but established procedures to kick out renegade members.

U.S. Officials Visit, Speculation Over a Return to Coca Fumigation Increases

On September 11 the White House issued an annual memo to the State Department identifying major illicit drug producing and transit countries, and highlighting which of these are “decertified”—subject to aid cuts and other penalties—for failing to cooperate with U.S. counter-drug strategies. As in past years, Venezuela and Bolivia were decertified.

Last years’s memo included controversial language stating that President Trump “seriously considered” adding Colombia to the decertified blacklist because of sharply increased coca and cocaine production. This year’s document did not repeat that threat, but called out Colombia, Mexico, and Afghanistan for “falling behind in the fight to eradicate illicit crops and reduce drug production and trafficking.” The U.S. government estimated that Colombia’s coca crop increased 11 percent in 2017, to a record 209,000 hectares.

The certification memo’s release coincided with a visit to Bogota from the deputy director of the White House’s Office of National Drug Control Policy, James Carroll, and the commandant of the U.S. Coast Guard, Adm. Karl Schultz. According to El Tiempo, in a meeting that lasted over an hour, the two officials told President Duque that, under normal circumstances, the White House would have decertified Colombia:

“During the meeting the White House’s envoys told Duque that the amount of coca planted in Colombia, more than 200,000 hectares, was enough for the country to be decertified.

“However, they clarified that they understand that this is an ‘inherited’ problem [for the recently inaugurated president], which comes from previous years. In that sense, they expressed the Washington government’s confidence in the policies that Colombia is going to implement to eradicate crops and counteract the cartels who carry the drug to their nation.”

Duque told the U.S. officials he plans to respond with a mix of strategies, referring to “a principle of integrality” (comprehensiveness), rather than putting all focus on forced coca eradication. That mix, however, may include a return to eradication through aircraft-based spraying of the herbicide glyphosate, reviving a U.S.-backed program that Colombia carried out on a massive scale between 1994 and 2015. The government of Juan Manuel Santos suspended aircraft-based spraying in 2015 after some studies pointed to a possible link between glyphosate and cancer; officials also argued that spraying had proved to be ineffective.

Duque, however, may bring it back. “Fumigation can happen if some protocols are complied with,” he said. “In the comprehensive policy that we want in the fight against illicit crops, these protocols should be reflected in such a way that any action is upheld by the Court’s guidelines.”

The president refers here to 2015 and 2017 decisions by Colombia’s Constitution Court, its highest judicial review authority, which placed significant restrictions on coca eradication via aerial glyphosate spraying. Any future fumigation must avoid nature reserves, indigenous reservations, and campesino reserve zones—sites that host a significant portion of current cultivation. Spraying can only proceed after an “objective and conclusive” scientific study showing a lack of health and environmental damage. Colombia’s National Drug Council (CNE), a decision-making body incorporating several ministries and agencies, must agree on a set of regulations to govern future spraying, in a process that includes ethnic communities’ participation, and these regulations must be passed as a law. An ethnic representative must be added to the CNE. Colombia must undergo prior consultation with ethnic communities in areas where it plans to spray, although the Court allows spraying in the absence of consent if the CNE issues a finding.

Duque’s government includes some aggressively enthusiastic backers of renewed glyphosate fumigation. “I don’t see any alternative to using herbicides,” Defense Minister Guillermo Botero said in August. “You have to use it because the world is not going to accept us swimming in coca. …Glyphosate is used in Colombia since time immemorial.” Added Francisco Santos, the new ambassador to the United States: “Fumigation is essential. The Constitutional Court must understand that it must return, because we are facing a social, economic and national security emergency. It has to come back, understanding the restrictions.”

Dissident Leader “David” Killed in Nariño

The Defense Ministry announced that a military-police operation killed Víctor David Segura Palacios, alias “David,” the chief of one of the two main FARC dissident groups operating in Nariño, Colombia’s largest coca and cocaine-producing department. Soldiers arrived at 2:00AM on September 8 at a house where “David” was staying; he and his sister, who allegedly handled his group’s finances, were killed in an ensuing shootout.

A former member of the FARC’s Nariño-based Daniel Aldana mobile column, David refused to demobilize, along with his brother Yeison Segura, alias “Don Y.” The dissident group they formed, the “United Guerrillas of the Pacific” (GUP), recruited former FARC militias along Nariño’s coast and took over cocaine trafficking routes. After “Don Y” was killed in a November 2016 firefight with former FARC comrades, “David” assumed command.

Defense Minister Guillermo Botero told reporters that the GUP had grown to control 4 percent of Colombia’s cocaine exports. The Nariño governor’s office said that the group has control or influence in at least 10 of the department’s 64 municipalities (counties).

For the past year, David had been the main rival of Walter Artízala alias “Guacho,” leader of the Oliver Sinisterra Front (FOS), a Nariño-based FARC dissident structure that gained region-wide notoriety after it kidnapped and killed three Ecuadorian journalists in early 2018. David blamed Guacho for his brother’s death, and the two groups had been battling for control of cocaine routes, and of urban neighborhoods in Tumaco, all year.

“According to various reports,” notes InsightCrime, the rival GUP and FOS are both “associated with Mexican drug trafficking organizations, who will have an interest in maintaining the steady passage of cocaine out of the country.” La Silla Vacía reports that, “According to the Police, during recent months David already had contacts with the [Mexican] Jalisco New Generation cartel (while Guacho, according to the Prosecutor-General’s Office, is one of the links of the Sinaloa cartel), and had an Interpol Blue Notice.”

David’s death is the largest battlefield result against guerrilla dissidents or organized crime so far in President Iván Duque’s 6-week-old government, but it is unlikely to reduce violence in Nariño. Citing sources in Colombia’s Navy and the Tumaco ombudsman’s office, La Silla counts 12 other major armed or criminal groups active in “post-conflict” Nariño besides the GUP, “like Guacho’s dissident group, the Gulf Clan [paramilitary successor group], the ELN which has tried to enter the south of Nariño, and other groups of lesser national impact like La Oficina [paramilitary successor], La Gente del Orden [ex-FARC militias], Los de Sábalo, and, more recently, the so-called ‘Stiven González’ front.”

In-Depth Reading

The past week in Colombia’s peace process

(Week of May 27 – June 2)

First-Round Election Results: Petro vs. Duque

As polls predicted, no single candidate won more than 50 percent of the vote in Colombia’s May 27 first-round presidential election. The candidates who will go on to a second round runoff on June 17 are rightist Senator Iván Duque and leftist former Bogotá mayor Gustavo Petro. Duque got 39 percent of the vote, Petro 25 percent. Duque is broadly viewed as likely to win that runoff and ascend to the presidency on August 7—but most analysts caution that a Petro win, while improbable, is not impossible.

Some facts about the vote:

  • At 53 percent, voter turnout was the highest in a presidential election since 1998, and the highest in a first-round vote since 1974. Improved post-accord security conditions get some of the credit.
  • Sergio Fajardo, a former mayor of Medellín leading a center-left coalition, outperformed poll predictions by winning 24 percent of the vote, nearly overtaking Petro. Pollsters’ head-to-head matchups had generally given Fajardo a higher probability than Petro of defeating Duque in a second round.
  • Former vice-president Germán Vargas Lleras was expected to perform better than the 7 percent he received, as he worked assiduously to court local political bosses—some of them rather corrupt—throughout the country. This shady get-out-the-vote “machinery,” which has contributed enormously to past elections, failed Vargas Lleras this time.
  • Humberto de la Calle, a former vice president who led the government’s negotiating team with the FARC in Havana, won the Liberal Party’s nomination but took in only 2 percent of the vote.
  • Candidates in favor of the FARC peace accord won a combined 51 percent of the vote, or 58 percent if one counts Vargas Lleras, who has flip-flopped a bit on whether he supports the accord or not (he most recently decided that he does).
  • Petro and Duque were in a virtual tie, far ahead of the other candidates, in zones most affected by the conflict.
  • Petro won, 35 percent to Duque’s 31 percent, in municipalities that voted “yes” in the October 2016 plebiscite on the FARC peace accord. Duque carried “no” municipalities with 42 percent, over 23 for Fajardo and 12 for Petro.

Third-place finisher Fajardo, who like Petro supports the FARC peace accord, is not throwing his support behind either of the two second-round candidates. He announced that he will turn in a blank ballot on June 17, and said his 4.6 million voters are free to vote as they wish. This was a blow to Petro, whose only hope of winning is to have a large majority of Fajardo’s voters go to him. “To vote blank is to vote for Uribe,” Petro said, invoking hardliner Álvaro Uribe, Senator Duque’s patron and party chief, a former president (2002-2010) and current senator. (A blank ballot can be strategic under some circumstances: under Colombian law, if “blank ballot” gets more votes than other candidates in a first-round vote, a new election with different candidates must be held. This doesn’t apply to second-round voting, in which voting blank is only symbolic.)

Candidates’ Positions on Peace

Iván Duque actively supported the “no” vote in the October 2016 plebiscite on the FARC accord. He was the main plaintiff in the case that led Colombia’s Constitutional Court, in May 2017, to strip out much of the legislative “fast track” authority needed to pass laws to implement the accord—a key reason so many accord commitments haven’t become law. The same Court ruled last October that Colombian governments during the next three presidential terms are required to implement the peace accord and cannot change it. But since he is a leading opponent, a President Duque would be unlikely to implement it with vigor.

The ideal of Duque, and of ex-president Uribe and his supporters, is an accord that is generous with individual ex-combatants who demobilize and aren’t accused of serious war crimes, but offers no political reforms in exchange for that demobilization: just surrender terms. It is possible, then, that a Duque presidency might implement reintegration programs for former FARC fighters more energetically than has the Juan Manuel Santos government. But the accord’s other chapters—rural development, political participation, crop substitution, victims and transitional justice—could get short shrift, or Duque could even seek legislation to change them.

Duque has described as a “monument to impunity” the transitional justice system set up by the accord, the Special Peace Jurisdiction (JEP), which hands out punishments for war criminals that he and his party view as too lenient. Duque has proposed pursuing at least four big changes to transitional justice:

  • Tightening penalties for those found guilty of war crimes. These are currently foreseen as a maximum eight years of “restricted liberty”—not prison—for those who make full confessions and reparations to victims.
  • Eliminating amnesty for the crime of narcotrafficking, even if the perpetrator did not benefit personally from the trafficking activity.
  • Getting government personnel who perpetrated war crimes out of the JEP and into the jurisdiction of Colombia’s Supreme Court.
  • Prohibiting guerrillas accused of war crimes from holding office until they’ve paid a penalty.

All of these are very hard to change, not least because it took 19 months to negotiate these provisions and altering the deal could cause many guerrillas to prefer to take up arms again. As an analysis from La Silla Vacía points out, the transitional justice provisions have been made into law and approved by Colombia’s Constitutional Court.

Even if Duque manages to get a law passed that sends guerrilla war criminals to a proper prison, La Silla argues, the “favorability principle” in Colombian law states that when two laws contradict, the accused pays the lighter penalty—the “restricted liberty” foreseen in the JEP. Any change to amnesty for non-personal-gain narcotrafficking could not be retroactive, it could only apply to crimes committed after the peace accord, or to future peace processes. It would not affect demobilized FARC who have behaved.

La Silla foresees some possibility that Duque could push through a constitutional change prohibiting un-punished guerrillas from holding office, which could force changes in who holds the ten congressional seats granted to the FARC between 2018 and 2026. This, the site contends, “could cause mid-level commanders to leave the demobilization zones with some of their fighters and join the dissidences or start new groups.”

Duque would be likely to abandon the slow-moving peace talks taking place between the government and the ELN guerrilla leadership in Havana, out of a desire to negotiate only the guerrillas’ surrender and submission to justice and nothing else. Duque has said, according to El Espectador, that he would only continue the ELN talks under four conditions:

[The ELN’s] prior concentration in some part of the country with international supervision, suspension of all criminal activities, a defined timeframe for the conversations, and negotiations limited to a substantial reduction of sentences, but not an absence of penalties.

The ELN, which remains quite rooted in three or four parts of the country, is very unlikely to accept these terms. The group wants to continue talks, though. “If Duque wins, well, he’ll find us here, at the table,” chief ELN negotiator Pablo Beltrán said this week.

Duque has no enthusiasm for the coca crop-substitution scheme being implemented (slowly) under Chapter 4 of the peace accord, which he calls a “disastrous chapter.” He favors to a return of massive forced eradication, including through aerial herbicide spraying.

While the Constitutional Court prevents Duque from doing away with the accord—and he insists that he doesn’t want to do away with it, just modify it—the rightist candidate can certainly “slow-walk” its implementation, carrying it out at a bare minimum. The choice between Petro and Duque, the La Silla analysis puts it, is about “whether the peace accord will serve as a roadmap for Colombia’s future, or whether it will be a marginal policy to guarantee that the demobilized don’t take up arms again.”

It explains that Duque can marginalize the accord, without killing it, by underfunding the agencies and programs set up to implement it, including the JEP and the Territorial Renovation Agency (ART) that is supposed to build state presence and rural development in the countryside. He can also “name second-tier functionaries,” with little political pull, to head such agencies, if he doesn’t abolish them entirely.

Gustavo Petro takes the opposite view. Although it doesn’t go into great detail, his campaign rhetoric mentions not only preserving the FARC peace accord, but improving the level of victims’ participation in it. He says he would increase civil-society’s direct role in accord implementation, particularly in the struggling coca-substitution programs, for which he proposes a greater role for coca-growers in “design, execution, and evaluation.” Petro would change the overall FARC accord, he says, only in ways that would make it possible for the Congress to pass the remaining laws needed to implement it fully. Petro also proposes levying a tax on unproductive large landholdings and directing the proceeds to programs that benefit conflict victims.

On a tour of Europe, President Santos told an audience in Brussels that “it’s impossible, legally and politically, to tear the peace accords to shreds.” He added, “Those of us who last Sunday saw the leader of the FARC, Timochenko, casting his vote within democracy—are we going to give him a rifle again so that he might return to the jungle? That’s irrational.”

Increase in European Union Assistance

During President Santos’s visit to Brussels, the European Union announced its approval of an additional €15 million of assistance “in support of the consolidation and implementation of the peace process in the country.” The aid, El Espectador reported with little additional detail, “will increase concrete measures, such as new programs to encourage economic activity and to contribute to rebuilding the social fabric in conflict-affected areas and the reinsertion of hundreds of FARC ex-combatants.” The aid is in addition to an EU trust fund announced in December 2016, which has provided €96.4 million to support accord implementation, especially in rural conflict zones.

73 U.S. House Members Call for Improved Protection of Social Leaders

Seventy-three members of the U.S. House of Representatives, all of them Democrats, signed and sent a letter to U.S. Secretary of State Mike Pompeo urging more U.S. government action to help Colombia’s government protect human rights defenders and social leaders. “A Colombian social leader is murdered every two and a half days,” the letter warns.

“In the past,” it continues, “Colombian authorities have shown that when it is important to them to lower the number of such killings, they are capable of doing so. And, while physical protection is important for those facing the highest known level of risks, it is expensive and impractical to provide it for every individual under threat.”

The letter makes five concrete recommendations:

For these reasons, protection mechanisms must be combined with other decisive action. First and most importantly is to swiftly bring to justice those who plan and orchestrate these murders, and not just the “triggermen” who execute the killings. Second, is for Colombian authorities at all levels to send clear, public and consistent messages that perpetrators, collaborators and beneficiaries of these crimes will face consequences. Third, is to dismantle illegal and violent armed actors that continue to murder and attack social leaders and the economic structures that support them. Fourth, is for the Colombian authorities to establish security and functioning state resources and presence in regions vacated by the FARC guerrillas, as required by the peace accords. And fifth, is for Colombia to achieve a complete peace by advancing the peace process in Havana with the ELN.

The signers include 14 ranking Democratic members of House committees. All would rise to these committees’ powerful chairmanships if, as some polls indicate might happen, the Democrats win majority control of the House in mid-term elections.

Local Officials Meet ELN in Havana To De-Escalate Catatumbo Violence

Since mid-March, a wave of fighting between the ELN and a smaller, locally influential guerrilla group, the EPL, has brought violence back up to conflict-era levels in Catatumbo, a poorly governed coca-producing region near the Venezuelan border in Norte de Santander department. In an effort to stop it, officials from the Norte de Santander departmental government gained permission to visit Havana to speak with ELN leaders participating in the peace talks with the national government. It is not clear what concrete gains the commission, led by departmental victims’ office director Luis Fernando Niño, achieved after meeting with the guerrilla leaders. However, the intensity of ELN-EPL fighting, which had displaced thousands, appears to have ebbed in the past few weeks.

Handoff of Cases To Transitional Justice System

The transitional justice system (JEP) is beginning to operate, even though it is still awaiting a Constitutional Court decision on the basic law governing its structure, and Congressional approval of another law governing its procedures. On May 30, the Prosecutor-General’s Office (Fiscalía) handed over to the JEP three of eighteen expected reports on crimes committed during the conflict by guerrillas and government agents. The documents register 223,282 cases involving 280,471 suspects and 196,768 victims of serious human rights abuses. According to Semana’s coverage:

  • 52,220 of the Fiscalía’s cases correspond to the FARC;
  • 13,934 cases correspond to the security forces;
  • 10,164 cases correspond to the ELN;
  • 55,768 cases correspond to the former AUC paramilitaries;
  • 3,324 cases correspond to other guerrilla groups; and
  • 87,872 cases do not identify a responsible group.

For the notorious extermination of the Patriotic Union, a FARC-tied political party, during the late 1980s and early 1990s, the Fiscalía’s records include 863 cases covering 1,620 victims and 277 perpetrators who were government forces.

The JEP will use this information to choose emblematic cases to pursue, and as evidence in trials of the nearly 8,000 ex-guerrillas, security-force personnel, and government civilians who have agreed to cooperate with the JEP in exchange for lighter sentences.

Visit from International Criminal Court Prosecutorial Official

The deputy prosecutor of the International Criminal Court in The Hague paid a visit to Colombia this week. At an event about transitional justice, James Stewart reiterated the Court’s concerns about aspects of the peace accord’s provisions for judging war crimes.

Stewart praised the accord and the JEP as “an innovative, complex, and ambitious system, designed to assure accountability as part of the peace accord’s implementation.” However, Stewart—reiterating what chief ICC prosecutor Fatou Bensouda has said in the past—recalled that the Court has its eye on how Colombia handles the following issues:

  • Cases of sexual or gender-based violence.
  • Extrajudicial executions or “false positive” killings, for which Stewart contended, Colombia’s “legal processes…don’t seem to have centered on the people who might bear the greatest responsibility within the military hierarchy.”
  • The responsibility of military commanders for crimes committed by their subordinates. At particular issue is whether the JEP will hold commanders accountable for crimes they “should have known” about (the Rome Statute standard), or just crimes that it can be proved that they knew about (the peace accord standard).

The ICC can only intervene in cases of war crimes and crimes against humanity if it determines that Colombia’s own system is not meeting the accountability standards laid out in the 2002 Rome Statute, to which Colombia is a signatory.

Three More Former FARC Combatants Killed

The FARC political party denounced the killings of three more of its members, all demobilized combatants, between May 22 and May 26 in the southwestern departments of Cauca and Valle del Cauca. Cristian Bellaizac, Jhon Jairo Ruiz Pillimue, and Wilinton Bravo Angulo were murdered in the respective municipalities of Jamundí, Valle; Suárez, Cauca; and Buenos Aires, Cauca. The FARC communiqué cited 24 murders of ex-combatants so far this year, and alleged that “paramilitary successor criminal groups” are threatening and harassing its members in Bogotá. A day earlier, President Santos said that 40 reintegrating ex-guerrillas had been killed since the accord was signed in November 2016. The FARC says the number is now near 60. In early April, the UN Secretary General cited 44 murdered ex-combatants and 18 relatives of ex-combatants.

In-Depth Reading

We’d asked for information about U.S. police aid to El Salvador. We apparently didn’t get a full answer.

CNN published a devastating report this week about U.S. assistance to El Salvador’s security forces:

One police unit that killed 43 alleged gang members in the first six months of last year received significant US funding, CNN can reveal. Several of those deaths have been investigated as murders by Salvadoran police.

While the unit — known as the Special Reaction Forces (FES) — was disbanded earlier this year, many of its officers have joined a new elite force that currently receives US funding.

These abuses were revealed in August 2017 by El Salvador’s Revista Factum investigative journalism website. At the time, we wanted to know whether the FES had received U.S. assistance. We had two three thorough recent written sources:

  • We had worked with a congressional office on a request to the Defense Department for “a list of Central American military and police units that received more than $50,000 in U.S. assistance in FY 2014, FY 2015, and FY 2016, or are likely to receive that amount or more in FY 2017.” The April 2017 response names four Salvadoran units, none of which is the FES (the four are Naval Task Force Trident, Joint Group Cuscatlán, Air Force, and Navy). So either the Defense Department deliberately omitted the FES, or the unit’s funding came entirely from the State Department’s aid budget (which seems unlikely but is possible).
  • We had obtained a copy of a very detailed report of worldwide police assistance in 2015 and 2016, which is supposed to report on both State Department and Defense Department aid. Though the entire “National Civilian Police” often gets named as a recipient unit, the FES does not appear.
  • (Update 11:15am—I actually forgot about this one) A May 2016 response to “questions for the record” from legislative staff listed 10 Salvadoran police units. The FES is not one of them.

It appears that the Obama and Trump administrations omitted critical information relevant to human rights from congressional requests for information. We’ll be following up on this.

The past week in Colombia’s peace process

(Week of April 29-May 5)

Dire Warning from Former Chief Negotiator De La Calle

Humberto de la Calle, a respected former vice president and the Liberal Party’s low-polling candidate for May 27 elections, led the Colombian government’s team for all four years of peace talks with the FARC in Havana. On the campaign trail, he has been largely silent on the government’s subsequent implementation of what the accords promised. This silence ended April 29, when he published a brief statement to his website entitled “They’re throwing away peace.” An excerpt:

They’re throwing away peace. That’s it, in plain Spanish, without hypocrisy. They’re throwing away peace.
First, [former president Álvaro] Uribe and [Ivan] Duque [the presidential candidate of Uribe’s Democratic Center party] have been building a fabric of fallacies and hatreds that have brought much of the population into a nostalgia for the war.
The Constitutional Court opened the door for Congress to betray and slow down the accord. Cambio Radical [the party of right-of-center candidate German Vargas Lleras] joined with the Democratic Center in this task, with the support of Dr. Vargas’s vacillations. The FARC have also failed to take the step of showing enough empathy for Colombians.
And implementation has proved to be too much for the government.
This is a call on the nation. As we’re going, we’re heading into war with our eyes closed.

President Juan Manuel Santos emphatically rejected De la Calle’s assertion that his government has dropped the ball on accord implementation. Talking to reporters after a meeting with his “post-conflict cabinet,” Santos contended that their “exhaustive” review of what the government has done brought a “positive evaluation.” Critics of the process, he added, “can’t come and tell us now that the peace accords’ implementation is failing.”

Even though the armed forces have estimated that dissident guerrilla groups’ membership now totals 1,200, Santos insisted that the majority are the result of “forced recruitment.” The real proportion of guerrillas who have dropped out of the process and rearmed, he said, is “7 percent.”

Nearly a year and five months after the accords’ ratification, Santos said that the government has complied with 70 percent of the 80 indicators it had laid out for itself for the first two years of the post-accord period. He noted that by the end of May, the illicit crop substitution program carried out to fulfill the accords’ fourth chapter would bring about the voluntary eradication of 30,000 hectares of coca. The original goal for this program’s first year, Santos did not mention, was 50,000 hectares.

Aftermath of Jesús Santrich Arrest

FARC leader Seusis Pausias Hernández alias Jesús Santrich was moved from Bogotá’s La Picota prison to its El Tunal hospital for “preventive care,” as he has been on a hunger strike since his April 9 arrest. Santrich was indicted April 4 by a grand jury in the Southern District of New York on charges of conspiring with Mexican traffickers to transship ten tons of cocaine. Colombian judicial authorities are awaiting an extradition request from the U.S. government.

The Wall Street Journal reported late on April 28 that the U.S. Drug Enforcement Administration (DEA) has evidence pointing to a more senior FARC commander. Luciano Marín alias Iván Márquez, who served as the guerrillas’ chief negotiator in Havana and is often regarded as the FARC’s number-two leader, apparently appears in a cellphone video speaking “to an associate of a known Mexican trafficker.” The video was recorded after the peace accord went into effect, a source told the Journal.

[T]he video in which he speaks was intended as a message to reassure Mexican gang contacts following the seizure in Miami of an alleged drug payment. The Drug Enforcement Administration seized $5 million in Miami that the officials said was an alleged payment for a shipment of cocaine. The date of that seizure remains unclear.

After Santrich’s arrest, Márquez—a close Santrich ally within the FARC—abandoned Bogotá for an ex-guerrilla concentration site in his home department of Caquetá, in southern Colombia. From there, Márquez charged that Colombia’s Prosecutor-General (Fiscal General), Nestor Humberto Martínez, was behind the Journal report. (Martínez has been critical of aspects of the peace accord.) Martínez, however, announced that his office “is not working on any investigation against Mr. Iván Márquez with regard to narcotrafficking or actions that took place after peace was signed.”

While Colombian prosecutors may not be working a case, the U.S. Spanish-language outlet Univisión confirmed what the Wall Street Journal reported: that the DEA appears to have incriminating evidence.

The U.S. anti-narcotics agency (DEA) is investigating a high member of the Venezuelan government and one of the maximum leaders of the demobilized FARC Colombian guerrilla group, Luciano Marín alias Iván Márquez, for drug trafficking, U.S. government sources confirmed to Univision Noticias. The identity of the Venezuelan official remains confidential so as not to affect the investigation’s advance.
U.S. authorities are investigating a video of the 62-year-old ex-guerrilla leader in which he presumably speaks with someone presenting himself as a collaborator of the Mexican capo Rafael Caro Quintero, in a meeting that happened after the peace accord went into effect.

From Caquetá, Iván Márquez said that he would not take his seat in the Colombian Senate on July 20, when the new legislative session begins, if Santrich is not freed. (The peace accord gives the FARC five automatic seats in Colombia’s Senate and House during the 2018-22 and 2022-26 congressional periods.) FARC leader Carlos Antonio Lozada said that the ex-guerrillas are asking Márquez to reconsider. Because Márquez served briefly as a congressman during a failed 1980s peace process, Lozada said, “He has parliamentary experience and this would be extremely helpful to us.”

When the FARC met in late August and early September to launch its political party and choose its leadership, the delegates in attendance gave Iván Márquez the most votes. Though Márquez has not explicitly threatened to do so, should he abandon the process, because of this internal popularity he would be likely to take many ex-guerrillas with him. La Silla Vacía spoke with several former mid-level leaders who are seriously considering a return to clandestinity.

The same La Silla article analyzed how the Santrich case is exacerbating divisions within the ex-guerrillas. While Márquez has taken a hard line and insisted that his friend’s arrest is a “setup,” maximum leader Timoleón Jiménez and other moderates have stated that those who violate the law in the post-accord period must face consequences as agreed. These divisions existed during the peace talks, the article continues.

From Havana, while the negotiations were occurring, two sources told us separately that his [Santrich’s] sharp tongue and intransigence not only bothered the government’s negotiating team. Within the FARC team they also began to feel that he wasn’t allowing the discussions to advance, to the point at which they once said that it would be better if he returned to Colombia.
“Iván defended him and said that if Santrich went, he would go too,” one of the sources told us.
Later, during the convention from which the party emerged in September of last year, “Santrich and his people, most of them academics who had helped us from clandestinity, questioned Timo’s [Timoleón Jiménez’s] command. They said that it was the moment to renew and have civilian commanders, with more time and youth ahead of them, instead of military commanders. Some were quite rude to him,” a source who is part of the FARC party and attended those meetings told us.

In his missive warning about “throwing away peace,” former government negotiator De la Calle urged Colombia’s justice system to try Santrich in Colombia, rather than swiftly extraditing him to the United States. “His victims have the right to know the truth; don’t cast them adrift, as occurred with the extradited paramilitaries’ victims.” El Tiempo reported that De la Calle’s proposal was not catching on in Bogotá political circles.

Meanwhile, El Espectador reminds that the U.S. government continues to offer a US$5 million reward for information leading to the capture of Timoleón Jiménez or Iván Márquez, who are both wanted on charges of narcotrafficking that took place before the peace accord.

Alleged Irregularities in Management of Peace Funds

Colombia’s Prosecutor-General’s Office (Fiscalía) continues to investigate allegations of malfeasance in the awarding of contracts to implement programs to fulfill the peace accords. The Fiscalía is now looking at 12 people who may have served as intermediaries, receiving kickbacks in exchange for steering contracts to businesses or individuals. Prosecutor-General Néstor Humberto Martínez says that evidence includes 80,000 telephone records.

A key witness in this investigation is Marlon Marín, a nephew of FARC leader Iván Márquez, who also happens to be a key witness in the case against Jesús Santrich. Marín went to the United States on April 17, where he has agreed to give evidence against Santrich. The Fiscalía has also reached an agreement with U.S. authorities to allow them to question Marín about misuse of peace funds. Marín gave Colombian prosecutors hours of testimony about this before leaving the country. In a recording, Marín can be heard asking a would-be contractor for a 5 percent kickback, instead of the 12 percent “that traditional politicians ask for,” and said that his ties to the new FARC party’s leadership would be useful in securing contracts.

Colombia’s Treasury Ministry has hired the accounting firm Ernst and Young to review contracts granted by the Colombia in Peace Fund, the mechanism channeling hundreds of millions of dollars in funds from many international donors and from Colombia’s national budget.

Two Afro-Colombian Leaders Remain Detained

Prosecutors released several of 33 social leaders from southwest Colombia who had been arrested the previous week to face charges of collaborating with the ELN. However, two women leaders from an Afro-Colombian community along the border with Ecuador, in the Alto Mira region of Tumaco, Nariño, remain in custody.

In a Cali court, Sara Quiñones of the Alto Mira Community Council and her mother, Tulia Marys Valencia, were among a group of 11 local leaders being charged. Two of this group were freed, and one confined to house arrest. The other eight, including the two women, remain in custody. Prosecutor Roberto Gordillo demanded this because they are “a danger to society,” asking that they be charged with sedition and aggravated conspiracy to traffic drugs.

According to Verdad Abierta, “Several sources consulted, who for security reasons asked not to use their names, contended that Gordillo, the number 11 Specialized Prosecutor Against Organized Crime, made serious discriminatory, racist, and condemnatory references.” The prosecutor reportedly referred to Colombia’s Pacific coast as “a nest of criminals” inhabited by an “extremely violent” population. He went on, “attacking human rights defenders by saying that we mask ourselves in subversive activities and narcotrafficking,” a source told Verdad Abierta.

Presiding judge Moisés Malaver was apparently convinced by the prosecutor’s arguments, as he sent Quiñones and Valencia to await trial in the Jamundí women’s prison outside Cali. “Although the decision was appealed,” Verad Abierta reported, “its resolution could take two months.”

Tumaco Violence Degrades Further with “Casas de Pique”

Nearly 20,000 people marched in the Pacific port city of Tumaco, in Nariño near the Ecuador border, on April 27 to demand an end to violence between an assortment of dissident guerrilla bands, the ELN, and organized crime groups. La Silla Vacía noted that the march was organized mainly by the mayor’s office, the Catholic church, and the local Chamber of Commerce, with little participation of civil-society groups.

Tumaco’s police had been celebrating a streak of 25 days without a homicide in the city’s urban core (population about 100,000), even though it sits along the busiest cocaine trafficking route in Colombia. Local Police Chief Col. José Palomino credited a security crackdown including 24-hour military patrols of neighborhoods.

However, La Silla reported, “other sources don’t dismiss the possibility that homicides have been replaced with disappearances that, according to three sources, have shot upward.”

Many of the disappeared, it seems, are being tortured and dismembered alive in so-called “chop houses” (casas de pique) in the midst of Tumaco neighborhoods. This is a return to a practice that horrified many circa 2014, when reports emerged of gangs and paramilitaries using casas de pique in the larger Pacific port of Buenaventura.

The grisly news comes from the government Internal-Affairs Office (Procuraduría), whose Land Restitution unit issued an as-yet unpublished report documenting the existence of at least seven such houses in Tumaco. At least one may be operated by the “United Guerrillas of the Pacific,” a FARC dissident group headed by alias “David,” and at least one more by the “Oliver Sinisterra Front” dissidents headed by Walter Artizala alias “Guacho.” After disappearing and chopping up their victims, the groups take the bodies onto boats and dump them in the open sea.

“It’s a strategy to discipline people,” Internal Affairs chief (Procurador) Fernando Carrillo said. A Tumaco-based investigator told La Silla Vacía that most victims are “snitches” who gave information about the criminal groups, or people who didn’t make extortion payments.

Meanwhile in rural Tumaco, or perhaps just over the border in Ecuador, the dissident group headed by “Guacho” continues to hold two Ecuadorian citizens hostage. The group also continues to hold the remains of two Ecuadorian journalists and their driver, whom it kidnapped and killed in March. Ecuador’s government received an apparent message from Guacho early in the week asking that security forces pull out to create a “humanitarian corridor” to allow the group to free its captives and hand over the bodies.

Nothing has since happened, though. By the end of the week, Ecuador’s presidency secretary, Juan Sebastián Roldán, told a local television outlet, “We don’t have contact with the criminals,” and said that the situation of the two kidnapped people is in Colombian hands because they are not on Ecuadorian soil.

Violence in Catatumbo

Transportation and commerce resumed in the Catatumbo region of northeastern Colombia on April 30 after the Popular Liberation Army (EPL), a small but locally strong guerrilla group, lifted an “armed stoppage” that prohibited vehicles from transiting and businesses from opening for at least two weeks. The situation in the region remains tense, though, as the EPL and ELN, which have been in open combat since mid-March, continue to fight.

Norte de Santander human rights ombudsman Nélson Arévalo told El Colombiano that the historically conflictive coca-growing region had returned to “a semi-tranquility …because the conflict between those two illegal groups continues and may generate more displacement. For example, in the last several hours new combats have been reported.” Arévalo said that many of the thousands of people displaced by lack of food during the armed stoppage might now return to their homes, but that those who displaced for humanitarian reasons might remain in their places of refuge.

In a report for The Guardian, reporter Mathew Charles visited the region, and noted that much of the fighting seeks to occupy parts of Catatumbo abandoned by the FARC’s 33rd Front, which demobilized in early 2017.

Down the road, in the town of El Tarra, a group of locals gathered in the midday heat to call for peace. “The guerrillas should be fighting for the people, not against us. With Farc, we knew where we stood. They had their laws and they’d sort out any problems we had. Since they’ve gone, it’s just got worse,” said one woman.
Hovering above the protest is a Colombian army helicopter. “This is as close as the government gets,” said Álvaro, 22, pointing upwards.

Defense Minister Luis Carlos Villegas, visiting the Catatumbo municipality of Tibú, said that security forces there continue to carry out a campaign called “Sparta,” begun since January. Villegas said that security forces in that time have captured 168 members of the ELN and other groups.

The two presidential candidates who are furthest to the right on the political spectrum, frontrunner Iván Duque and Germán Vargas Lleras, have both paid recent visits to Catatumbo, a region where voters overwhelmingly supported the peace accord in a October 2016 referendum.

Vargas advised the region’s armed groups “to take full advantage of the three months they have left, because on August 7 [inauguration day] we’re going to fight them like they’ve never imagined.” Duque promised that “I will hold my first security council meeting in Tibú.” Both spoke as well about infrastructure investments. Neither mentioned forced eradication of coca, including aerial herbicide spraying, an option that both strongly favor. Past eradication campaigns have drawn fierce protests from organized farmers in Catatumbo.

In-Depth Reading

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