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Wednesday, May 1, 2013
This post is cross-posted with the Latin America Working Group Education Fund's LAWGBlog. It was written by LAWG-EF Program Assistant Ruth Isabel Robles.
As President Obama prepares to sit down for meetings with President Enrique Peña Nieto in Mexico and other fellow elected leaders from the Americas at the Summit of the Central American Integration System (SICA) in Costa Rica, over 145 civil society organizations from 10 countries throughout the Americas, including the Latin America Working Group, sent a letter to their respective presidents urging them to address their concerns regarding the dire human rights crisis in the region.
Citing an increase in violence and human rights violations, the letter calls for a shift away from the failed militarized security policies which have exacerbated violence and human rights concerns in the region towards policies that address the root causes of violence...
A common practice throughout Latin America has been the use of the armed forces for citizen security tasks, a practice justified as necessary to combat organized crime and drug trafficking organizations (DTOs). However, the undersigned organizations call for a shift away from such policies that promote an inappropriate role for the military in the region, including those supported by the U.S., noting that these policies have played a harmful role and contributed to an increase in human rights abuses perpetrated by security forces.
In Mexico, this militarized response and lack of accountability for security forces has led to the deaths of over 80,000 people in the past six years with more than 26,000 disappeared. While in Guatemala, rates of violence are similar to those seen during the internal armed conflict, which, according to the letter, jeopardizes the peace process and fragile democracy built on the 1996 Peace Accords. But, "the starkest example of a breakdown of democratic institutions" can be found in Honduras where "the rule of law has disintegrated while violence and impunity have soared."
The imposition of large-scale extractive projects on marginalized communities is also a point of concern discussed in the letter. Free Trade Agreements have exacerbated poverty and inequality throughout the region resulting "in forced displacement, especially of indigenous, peasant, and Afro-descendant communities."
These civil society groups urge leaders to come together and generate policies to address the root causes of migration. Flawed regional security policies and the imposition of mega development projects have led to the displacement of hundreds of thousands of people, leaving countless in the Americas with few options other than to migrate. As the debate for immigration reform gets underway in the U.S. Congress, civil society groups from across the Americas call for humane and sensible immigration reform to address the policies that force individuals to migrate in the first place.
To address the human rights situation discussed above, the organizations urge their respective officials to make concrete progress on the following measures:
An executive action taken on behalf of the United States to stop the flow of assault weapons and other firearms across the U.S.-Mexico Border
Recognize and protect human rights defenders
Propose a new model for security cooperation that provides alternatives to the ongoing war on drugs, such as regulation rather than prohibition, strong regional anti-money laundering efforts, and withdrawal of the armed forces from domestic law enforcement. They call on the U.S. government to end military aid and instead direct resources towards strengthening the institutionalization of the rule of law in these countries.
Promote development through democratic dialogue with respect for human and environmental rights
Address the root causes of migration and stop the criminalization and deportation of migrants; investigate and prosecute crimes against migrants as they travel through Mexico, as well as human rights violations at the border and within the United States
Although media reports and early statements indicate that many of the discussions will focus on economic cooperation, this letter is a clear statement from civil society that human rights priorities must be squarely on the table as well.
To read the letter in English, click here.
To read the letter in Spanish, click here.
Monday, February 25, 2013
This post was written by Lisa Haugaard of the Latin America Working Group Education Fund. The original article can be found on the LAWG Blog. To read the original version, click here.
"What is going wrong in Colombia?" asks the coalition of human rights defenders in Colombia. The government of Juan Manuel Santos last year invested time and funding in mechanisms to protect communities and people at risk, among them human rights defenders.
And yet, in 2012, every five days a defender was assassinated in Colombia, and every 20 hours one defender was attacked. In 2012, 357 men and women in Colombia were attacked for their work as human rights defenders, according to Somos Defensores ("We Are Defenders"), which maintains a unified database of attacks against human rights defenders. Sixty-nine defenders were assassinated, a jump from 49 assassinations in 2011. Indeed, this is the highest number of aggressions against defenders registered by the database in the last ten years, and a 49 percent increase since 2011. The attacks include: 202 threats, 69 assassinations, 50 assaults, 26 arbitrary detentions, 5 forced disappearances, 1 arbitrary use of the penal system, 3 robberies of information, and 1 case of sexual violence.
"Is it possible that protecting leaders and defenders goes beyond providing bulletproof vests, bodyguards and laws that sit unused on top of the desks of ineffective government officials?"
Somos Defensores 2012 annual report.
There were efforts to improve and expand the coverage of the protection program in the last year, according to Somos Defensores. This was driven by substantive discussions in the National Roundtables for Guarantees between local and national human rights and social organizations and government officials. In 2012, the government's National Protection Unit received 9717 requests for protective measures, of which 3668 were approved. There was little progress in implementing collective protection measures, however, which are essential for returning communities, Afro-Colombian, indigenous and other communities at risk. Contingency plans were developed for various zones by the Interior Ministry but not a single one was implemented; according to the Ministry, local authorities are responsible for implementation.
There were advances in 2012 in judicial rulings regarding the protection of defenders, including a Supreme Court ruling that crimes against defenders or land rights leaders should be considered crimes against humanity, given a context of systematic persecution. Other advances included: the network of international agencies in Colombia established a National Prize for Defending Human Rights in Colombia, and the government pledged to launch a media campaign on the rights of defenders in 2013.
But the sad truth is: even if protection plans were fully implemented, no amount of protection can make up for the lack of progress in investigating and prosecuting attacks against human rights defenders. Three agencies that should help the most in defending defenders--the Attorney General's office, the Ombudsman's Office (Defensoría del Pueblo), and the Inspector General's office (Procuraduría General) were "absent" in 2012. In particular, "it is discouraging that after 8 long years of silence from the administration of Volmar Antonio Pérez [the Ombudsman], we hoped for a positive change, but it did not happen."
The 69 defenders who lost their lives include indigenous leaders, people involved in organizing over mining companies, hip-hop musicians who organized against violence, youth leaders, community organizers, heads of victims' associations, land rights crusaders, union organizers, Afro-Colombian leaders, the organizer of a women's handicraft cooperative and an LGBT defender. Of the 69 murders, 9 are believed to have been committed by paramilitaries, 11 by the FARC guerrillas, 1 by the armed forces, and the vast majority are unknown. This represents an increase of assassinations attributed to the FARC compared to the 5 believed to be committed by this guerrilla group in 2011.
Defenders were threatened by phone, visits to their homes, and distribution of threats via pamphlets, flyers, emails and text messages. Paramilitary successor groups such as the Black Eagles, Rastrojos and Urabeños were behind the majority of threats.
Of all types of aggressions against defenders in 2012, paramilitaries were believed to be responsible for 41 percent; guerrillas for 9 percent; the Colombian government (army, police, intelligence, Attorney General's office, etc.) for 13 percent; and 37 percent were unknown.
Somos Defensores notes that some of the increase in aggressions listed in the database may be due to the greater determination of the human rights community in Colombia to document abuses against them despite their fears.
The year 2012 was "an endless round of meetings, workshops, encounters, studies, cell phones for protection, bullet proof vests, bullet proof cars, bodyguards, arms and conferences to debate the eternal situation of insecurity and persecution of a legal and legitimate exercise of rights that each day costs more lives in Colombia, but without attacking the real causes of the violence against human rights defenders in Colombia: the lack of investigations, and the real prevention of aggressions, impunity, corruption, stigmatization, and the abandonment of many leaders in regions of the country that are handed over to the control of armed actors, corrupt politicians and multinational corporations."
Tuesday, February 5, 2013
This blog first appeared on the LAWG Blog. To read the original version, click here.
That was the title of the January 30th Senate Judiciary Committee hearing to consider how Congress should move forward to address gun violence. Emotions ran high as the hearing began with a statement from Gabrielle Giffords, the former congresswoman from Arizona who survived a gunshot wound to the head two years ago. She still struggles with speech, but as she faced the Senate members, she spoke with a determination and force belying the gravity and urgency of her message. “Too many children are dying. Too many children. We must do something. It will be hard, but the time is now. You must act. Be bold. Be courageous. Americans are counting on you.”
President Obama, Democrats, and Republicans alike have expressed the desire to enact “common sense legislation” around guns in the wake of what Senator Blumenthal (D-CT) refers to as the “wake up call,” the horrific shooting of twenty children and six adults in Newtown, CT on December 14th. Although the Senate hearing reflected agreement that such tragedies must be prevented in the future, there is a lack of consensus on what constitutes a “common sense” solution. From our vantage point, five policy proposals withstood questioning in the four-hour hearing and should be key components of upcoming legislation. Here is a snapshot of these measures:
1. Make background checks a universal practice, and close the gun show and private vendor loopholes.
Background checks are required at gun stores but not necessarily at gun shows or in a private sale, which, according to hearing witness James Johnson, Chief of Police in Baltimore County, MD, allows forty percent of guns to be purchased without a background check. When Wayne La Pierre, Executive Vice President and CEO of the National Rifle Association (NRA), argued that universal background checks will not be effective because criminals will not submit to them, Senator Richard Durbin (D-IL) emphatically exclaimed, “That’s the point!” LaPierre said that improved prosecution of gun-wielding criminals is the solution. Yes, prosecution is important, but Johnson responded, “The best way to stop a bad guy from getting a gun in the first place is a good background check.”
2. Improve the background check system by ensuring relevant (mental health) data is available.
Hearing witness Captain Mark Kelly, husband of Gabrielle Giffords and co-founder of Americans for Responsible Solutions, described how Jared Loughner, his wife’s shooter who was acknowledged to be mentally ill, was able to buy a gun despite having been submitted to a background check because no record of his illness existed in the background check system. His illness was not on any official record, but even if it was, the state of Arizona, as confirmed by Senator Jeff Flake of Arizona, has over 120,000 disqualifying mental health records that are not accessible in the current background check system. Mr. LaPierre agreed that mental health records must be made accessible in a national background check system.
3. Ban assault weapons and high-capacity magazines.
LaPierre and the other anti-gun control witnesses, Lawyer Gayle Trotter and Professor David Kopel, argued that banning specific weapons or limiting gun magazines is by definition arbitrary, ineffective, unnecessary, or against the freedoms of the Second Amendment. However, Chief Johnson maintained that high capacity magazines are not necessary for hunting and the law should limit them to provide a “window of escape” while a shooter reloads. The National Law Enforcement Partnership to Prevent Gun Violence, which he chairs, fully supports the proposed bill introduced by Senator Dianne Feinstein (D-CA).
4. Address the “matrix of failure” and adopt a holistic approach to improve our mental health system.
Captain Kelly was the first to acknowledge that “behind every victim lays a matrix of failure and inadequacy.” Everyone agreed upon the need to improve the mental health system. Senator Al Franken (D-MN) announced he will propose the Mental Health in Schools Act, while warning to be “careful here that we don’t stigmatize mental illness.” Kelly agreed with Senator Mazie Hirono (D-HI) and President Obama’s stated plan that funding for counselors and psychological providers in schools be increased.
5. Enact a gun trafficking bill.
Senator Leahy has proposed a trafficking bill to cut down on straw purchasing. This measure received the least air time and no one in the hearing discussed trafficking in terms of Mexico. Please see previous LAWG blog on how new legislation could affect the gun flow and violence in Mexico. As Gabby Giffords said, “too many children are dying.” Children are disappearing and dying in Mexico by the thousands. Combating gun trafficking makes sense across international as well as state borders.
Tensions ran high, as usual, over the interpretation of the Second Amendment in terms of gun legislation, but Senator Leahy concluded that in upcoming sessions there should be “some areas of agreement.” Prior to the hearing, Mark and Jackie Barden published the article in the Washington Post “Make the Debate over Guns Worthy of Our Son.” Their son Daniel, a bright and considerate seven-year-old, was killed at Sandy Hook Elementary. Their family member created the Facebook page “What Would Daniel Do?” to celebrate his life and inspire others to act as Daniel did, listening and making room for dialogue. Congress should continue discussion of gun control legislation with that philosophy in mind, remembering the tragedies that have brought it to the table, always keeping in mind that the impact of lax U.S. gun policies reach far beyond the U.S. border.
Tuesday, January 29, 2013
As Colombia's peace process advances, here are some words to live by.
“We can't condemn Colombians to another one hundred years of solitude and violence.”
--Enrique Santos Calderón, former editor of El Tiempo, brother of President Juan Manuel Santos
“It's one thing that the victims aren't present at the table in Havana, and it's another thing to ignore their voice, deny their rights. A peace without victims will have neither political nor moral legitimacy.”
--Senator Juan Fernando Cristo
"The dialogue for ending the armed conflict should be a moment in which sectors of Colombian society that have been marginalized, discriminated against and excluded have an opportunity to effectively present their demands, needs and rights that have long been neglected."
--Coordinación Colombia Europa Estados Unidos
What has happened so far in the process? The Colombian government and the Revolutionary Armed Forces of Colombia (FARC) guerrillas opened peace negotiations on October 18th, 2012 in Oslo, Norway, raising some hope of putting an end to the hemisphere's longest-running armed conflict. In August, the two parties had agreed upon a five-point agenda which consists of: rural development, political participation, ending the conflict, solving the problem of illicit drugs, and victims.
With the governments of Norway and Cuba acting as guarantors for the peace process and Venezuela and Chile providing logistical support and accompaniment, the substantive talks started in Havana in November on point number one, rural development. The government and the guerrilla delegations each have 30 members, with five from each team participating at the negotiating table at any one time. The U.S. government has repeatedly indicated its support for the Colombian government's decision to enter into peace talks, although the USG is not playing a direct role in negotiations. Colombia's second principal guerrilla group, the ELN, has offered to join the talks but the Colombian government asserts that it will proceed solely with the FARC at this moment. President Santos has stated his intention to achieve a final accord with the FARC before the end of November of this year.
The talks are closed door, although information does leak. While the FARC floats proposals aimed at more sweeping change, President Juan Manuel Santos has repeatedly made clear his determination that Colombia's basic economic and political model is not on the table for negotiation. He has stated that fundamental aspects of national life such as the Constitution, the development model, and the concept of private property are not up for discussion.
Bones of contention. A cease-fire has been an important bone of contention. The Colombian government has so far refused to establish a cease-fire until the FARC lays down its weapons, and indeed has escalated military action in a number of areas of the country. The FARC announced a unilateral cease-fire in November, which it then lifted on January 20th, stating it would not continue as the government had not reciprocated. There were accusations that the FARC had violated its own cease-fire. Another area of contention is over keeping the negotiations under wraps; the FARC complained after President Santos's brother, Enrique Santos, gave an all-too frank media interview revealing details of the negotiations.
Progress? Despite these differences, talks do appear to be moving forward. On the first agenda point, for example, both sides have agreed to the need to provide land to the landless and displaced, while the FARC has backed off of its longstanding demand for more sweeping agrarian reform. While some sectors—notably former President Alvaro Uribe and his active twitter account—raise objections to the negotiations, broad sectors of the Colombian public at the start of negotiations appeared to be willing to give the process a chance, even if optimism is greatly tempered by the wreckage of past failed peace efforts that litters the Colombian mental landscape.
Civil society involvement in the peace process. There is no formal civil society involvement at the negotiating table. The Colombian government and the FARC have agreed to several more indirect mechanisms for civil society involvement at this stage. First, they have set up a web page (www.mesadeconversaciones.com.co) where any Colombian citizen or civil society organization can submit a proposal. This very limited mechanism receives “proposals” of up to 500 words, which are provided to negotiating teams but not displayed publicly. Second, the negotiating teams asked the National University and the UN agencies in Colombia to convene working groups on the first agenda item, rural development, and to summarize and synthesize the proposals that emerge for them. Over 1300 people participated from 1200 organizations. Potentially, this kind of effort could continue for other agenda items. Third, Colombia's congressional peace commission is organizing regional forums to collect and debate civil society input.
The negotiating teams have stated that civil society participation can be more substantial in the third phase, which is the discussion of how to implement the agreements. However, this leaves the victims of the violent conflicts – victims of the guerrillas, of government forces, and of paramilitary warlords—on the margins as crucial decisions that affect them are made, including the measure and quality of truth, justice and reparations for victims that these peace accords promise to deliver.
Rural development ideas from civil society. In the public forums on rural development, civil society organizations called for protection for communities returning to their lands; distribution of unproductive state-owned land to small-scale farmers; building of “campesino reserve” areas where small-scale farming will be protected; promotion of opportunities for rural youth; improvement of rural infrastructure; respect for indigenous and Afro-Colombian territories, including use of “prior consultation processes” for development projects; and limits on mining exploration.
Human rights groups raise concerns for truth and justice—and safety for the civilian population. A major network of civil society groups, Coordinación Colombia Europa Estados Unidos, raised the following concerns and recommendations:
Protect the civilian population now, as talks proceed. As peace talks advance, the war is only escalating in certain regions, particularly indigenous and Afro-Colombian areas. Coordinación calls on both the Colombian government and the FARC to respect international humanitarian law, including ending recruitment of minors, sexual violence, aerial bombardments of civilian populations, and military operations in indigenous and Afro-Colombian territories. The coalition called on both parties to agree to a bilateral cease-fire.
Provide more effective inclusion of civil society, particularly victims' organizations, in this current phase of dialogue. “Given that the agenda should address the rights to truth, justice, reparation and the guarantee of non-repetition [that abuses will not continue], how the parties can attempt to reach agreement on these issues without the participation of victims and human rights groups cannot be comprehended”; “this leaves their participation for the implementation phase, when everything has already been decided."
Add to the agenda the topic of justice for grave human rights abuses, war crimes and crimes against humanity. Justice “has been excluded from the agenda.”
Establish a fully independent Truth Commission, as a “crucial and nonnegotiable demand.” The Coordinación calls for a commitment from all actors—whether “state, para-state, and against the state” –to speak the truth about their actions that have violated the human rights of Colombia's citizens. This includes revealing what happened to the kidnapped and the disappeared. Transitional justice measures cannot be applied without truth and reparations to victims.
Ensure a complete and effective demobilization of paramilitary groups and paramilitary successor organizations.
As the peace talks advance, we hope that the voices of victims of the conflict, victims of all armed actors, whether the guerrillas, paramilitaries or state security forces, can be truly heard, and that their demands for truth, justice and meaningful reparations will be reflected in the negotiations and agreements. As Senator Juan Fernando Cristo, who had championed the Victims' Law which President Santos signed into law, cautioned, “A peace without the victims will have no political or moral legitimacy.”
Friday, January 4, 2013
This post was written by LAWG-EF Executive Director Lisa Haugaard. The original version was published in the Huffington Post. It is also cross-posted with the Latin America Working Group Education Fund's LAWGBlog.
U.S. policy towards our Latin American neighbors is, as usual, in need of a few New Year's resolutions. Here goes:
1. Ban assault weapons. Three months before the murders of 20 children and six adults in Newtown, Connecticut, 110 victims of violenceand advocates from Mexico traveled across the United States calling on us to take action to stop the violence that has claimed over 100,000 lives in Mexico in Mexico during the last six years. They asked us to ban the assault weapons that arm Mexico's brutal cartels. Some 70 percent of assault weapons and other firearms used by criminal gangs in Mexico come from the United States. The United States should reinstate and tighten the assault weapon ban and enforce the ban on the import of assault weapons into our country, which are then smuggled into Mexico. Do it for Newtown. Do it for Aurora. Do it for Mexico's mothers and fathers who have lost their children to senseless violence.
2. Deliver comprehensive immigration reform. Democrats and Republicans alike should heed the message delivered by the Latino vote in 2012 and provide a path to citizenship for the eleven million people living in the shadows in the United States and build a flexible, sensible legal immigration system for the future. This historic step would help families and the economy in the United States and Latin America, and would do more to improve U.S.-Latin American relations than any other single action. And right now, the Obama administration should protect the rights of migrants and border communities by stopping deportation practices that send migrants back to dangerous areas to be preyed upon by cartels, and by ensuring U.S. Customs and Border Patrol agents are held accountable for abuses.
3. Support peace in Colombia, with justice. In 2013, there's a real chance to end the longest-running conflict in the Americas. The Obama administration sensibly backs Colombian President Juan Manuel Santos' negotiations with the FARC guerrillas. But we should also be listening to the voices of families of the disappeared and kidnapped, and the mothers of children murdered by Colombia's army, who are calling for justice along with peace. There must be accountability and truth for the murder, torture, forced displacement and rape perpetrated by all actors: the paramilitaries, the guerrillas and the country's own armed forces. The sad truth is that the Santos administration is moving backwards in accountability for army abuses. Without full truth and a strong measure of justice, there cannot be a lasting peace.
4. Try this on for size: a rational policy towards Cuba. The United States should launch a serious dialogue that aims at lifting the failed, 50-year embargo. We know this won't happen overnight. For starters, we should end the travel ban that divides us from our neighbors just off the Florida coast. The Obama administration should also take Cuba off the list of State Sponsors of Terrorism; there is no earthly reason it belongs there in 2013. The accusation of giving shelter to Colombia's guerrillas was one of the few rationales for Cuba's inclusion; now Cuba is lauded by Colombia's government for hosting peace negotiations. If we support peace in Colombia, how can we not recognize Cuba's contribution?
5. End the militarized approach to drugs. Latin American presidents of all political persuasions are telling us: we must rethink the "War on Drugs," which has brought suffering without results. For starters, we should stop the tactics that cause the most harm while doing the least good: counternarcotics campaigns that bring Latin American armies into the streets; aerial spraying, which destroys food as well as drug crops. And we should focus on the public health approaches here and abroad that do the most good and the least harm: providing treatment when and where addicts need it; evidence-based prevention campaigns; youth employment and building resilient communities.
6. Focus on aid that helps people, not guns and military aid. As we face another battle on budget cuts, why not put military aid to Latin America on the chopping block. There's no war anywhere in the region, if Colombia's peace talks succeed. Focus on aid that actually helps people: disaster assistance, including reconstruction aid for Haiti; aid for health care, education, micro-loans, improving justice systems, and community development. Ensure that aid programs are consulted with the people they intend to benefit.
7. Speak up for human rights. While the United States isn't perfect, as our Latin American friends readily tell us, our government should speak up for human rights in this hemisphere. But do it fairly. When a left-wing government restricts freedom of the press, the United States should speak against this. When governments the U.S. favors -- like Colombia and Mexico--fail to prosecute human rights abuses committed by their militaries, the United States should press for justice, including by suspending military aid when needed.
8. Decisively support human rights in Honduras. Honduras is in crisis. Since the June 2009 coup in Honduras, human rights protections, never strong, have been severely weakened. Human rights defenders, LGBT community members, leaders in poor farming communities, and opposition activists have been threatened and killed, in crimes for which there is no justice. Military, police and private security guards are unaccountable. The United States should suspend military and police aid to Honduras while using aid and tough diplomacy to help Honduras strengthen the failing justice system.
9. Support the Inter-American human rights system. To its credit, the Obama administration has actively supported the Inter-American human rights system, including the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, which many Latin American governments of left, right and center have recently sought to weaken. 2013 will be an important year to join with civil society groups across the Americas to ensure reforms strengthen, not weaken, this system's role as the last recourse for victims who fail to attain justice in their countries.
10. Finally, clean up our own act. The United States' voice on human rights will be stronger, of course, if our government sticks to human rights principles in its own actions. Drone strikes that kill civilians, rendition, indefinite detention and complete lack of due process for terror suspects weaken U.S. credibility in Latin America as well as in other regions of the world.
Now, if we could keep these resolutions, 2013 would be a banner year for U.S.-Latin American relations.
Monday, December 17, 2012
This post is cross-posted with the Latin America Working Group Education Fund's LAWGBlog. It was written by LAWG-EF Executive Director Lisa Haugaard
On December 11th, the day after International Human Rights Day, the Colombian Congress approved a justice “reform” bill that will likely result in many gross human rights violations by members of the military being tried in military courts—and remaining in impunity. The bill, along with a separate ruling by the Council of State, unravels the reforms put in place after the “false positives” scandal in which over 3,000 civilians were killed by soldiers.
In 2007, I participated with a dozen lawyers, human rights activists, a forensic scientist and a judge in an International Verification Mission on Extrajudicial Executions and Impunity in Colombia. We heard from witnesses, family members and lawyers about 130 cases of extrajudicial executions committed in seven different regions of the country. These were not about civilians killed in crossfire or with excessive use of force. The stories we heard were chillingly similar: young men who were seen being taken from their homes, farms and streets by groups of soldiers. When their families came looking for them on a military base, these mothers, fathers, sisters and brothers were shown a dead body, now dressed up as a guerrilla. There was their loved one, dead, and called a guerrilla killed in combat.
Now we know that the scandal was far, far worse than we knew then. In 2008 when the Soacha scandal broke, we learned that members of the army were paying criminal “recruiters” to pick up young men whom they thought would not be missed, and delivering them to soldiers to kill in staged battles. When the UN Special Rapporteur on Extrajudicial Executions, Philip Alston, came to investigate in June 2009, he not only documented the enormous scope of the problem, but also noted that soldiers were carrying out these killings for to win incentives such as bonuses or days off. Murder to up their body counts.
The Attorney General’s office is investigating more than 3,000 civilians murdered by soldiers, most between 2004 and 2008. The coalition of human rights groups in Colombia known as the Coordinación Colombia Europa Estados Unidos (CCEEUU) has documented 3,512 extrajudicial executions between 2002 and 2010 committed in 31 out of 32 provinces. Of the 80 percent of these cases for which a presumed perpetrator could be identified, 89.2 percent involved members of the armed forces, 8.6 percent the police, and the remainder were from the air force, navy and the prison system. At least 21 territorial brigades and 19 mobile brigades were identified as perpetrators. More than 44 percent of extrajudicial executions were in the zones where the First and Seventh divisions of the army operated.
Under international pressure, the Colombian government put in place some reforms that helped bring the numbers of new extrajudicial executions down dramatically. It established an accord that allowed the Attorney General’s office to investigate the scene of the crime where extrajudicial executions were alleged and make the determination of whether cases should go to civilian or military courts. It began to enforce the Constitutional provision that stated that grave human rights abuses committed by soldiers should be tried in civilian, not military courts, and hundreds of cases were transferred to civilian jurisdiction. But while Colombia did make progress in investigating and prosecuting extrajudicial executions, prosecutions were slow, and higher-level officials under whose command multiple extrajudicial executions took place escaped justice. Indeed, some were promoted.These still limited advances are at risk with the new law. What are the problems with the law?
Which human rights crimes are excluded from military jurisdiction.
The initial version excluded very few crimes from military jurisdiction. After much pressure from Colombian and International human rights groups, the UN, Inter-American Commission on Human Rights and the U.S. government, the draft law excludes from military justice what sounds like an appropriate list of grave abuses: genocide, crimes against humanity, forced displacement, sexual violence, forced disappearance, torture and extrajudicial execution. That does sound like an improvement. According to the government, the changes will not "generate impunity."
But, as always, the devil is in the details: For example, in Colombian jurisprudence, there’s no official crime listed as “extrajudicial executions.” Most of the “false positive” cases have been tried as “homicides of protected persons,” a crime that is considered a violation of international humanitarian law rather than a human rights violation. Under the new law, violations of international humanitarian law routinely go to military courts. So, not only may new extrajudicial executions be tried in military courts, but many of the false positive cases could be transferred out of the civilian court system into the black hole of military justice. “Sexual violence” is also not a crime, using that phrasing, in the Colombian legal system. Moreover, other gross violations committed by members of the military will now go automatically to military courts, including cruel, inhumane and degrading treatment and arbitrary detention.
Who is the first on the scene to investigate potential extrajudicial executions.
It is our understanding that the law gives the military justice system control over the initial investigations. If initial investigations are not handled well, the trail goes cold. Beyond what was established in this law, Council of State just declared void the important agreement between the Attorney General’s office and the Defense Ministry that ensured that the Attorney General would investigate alleged crime scenes for extrajudicial executions and make the initial determination of whether the case would go to military or civilian courts. With these changes, it is much more likely that extrajudicial executions and other crimes committed before execution, including torture, will go uninvestigated.
Who decides where cases go.
The new law sets up a new council (“Tribunal de Garant?as”) that will determine which cases go to military courts, and which to civilian courts, when there is a dispute. Half of the council members must be ex-military. Even if you had the perfect list of human rights crimes that should be excluded from military courts, if the decisions are made by a biased council, wrong decisions will be made.
Where soldiers and officers serve their time.
The new law makes official what has been happening in practice: soldiers and officers accused of the most heinous crimes will serve their pre-trial detention not in prison but in “centros de reclusión,” and those convicted can serve their time either in prison or special military detention centers. Semana magazine uncovered the luxurious conditions at the Tolemaida center, where convicted officials were able to leave for vacations, run businesses and even teach courses for current military members.
A special fund to defend soldiers.
Soldiers accused of grave human rights violations will have a taxpayer-funded defense.
Why the change?
Members of the military have been clamoring for “judicial security,” claiming that they are being unfairly prosecuted and that they need protection in order to carry out their combat duties. The Santos Administration, under pressure from the military, has shepherded this bill through the Congress. In the final debate, 54 senators voted in favor, 5 against. Senator Juan Manuel Galán, the bill’s sponsor, sounded a nationalistic and defiant note: “This bill isn’t a bill for impunity, but here we are not legislating because some international human rights organizations have come to Colombia during the final debate to tell us Colombians, us legislators what we have to legislate.”
Now that the Colombian Congress has taken this huge step backward, what recourse is available? First, the Colombian government has indicated that it could take steps to ensure that “extrajudicial executions” and “sexual violence” be defined in Colombian law, making it thus more likely that those crimes would go to civilian courts. The international community should hold the Colombian government accountable for this. And all eyes should be on the review of alleged extrajudicial execution cases in civilian courts—as we fear that many such killings will get transferred back to military courts.
But major damage to Colombia’s commitment to human rights has been done. The U.S. State Department should withhold military aid, as the new law violates conditions that require that gross human rights violations allegedly committed by the military be tried in civilian courts. The Inter-American Commission on Human Rights, which just removed Colombia from its watch list, could reconsider. And the International Criminal Court, which has been watching Colombia, is another potential point of pressure.
I keep thinking about the mother of a young man who was offered a job as a bricklayer, but who was taken by soldiers and killed. Just in her area of the Caribbean coast, several dozen young men were similarly offered bricklaying jobs, disappeared and killed, presumed victims of soldiers seeking to increase their body counts. These mothers want the bodies of their sons returned to them, with dignity. And they want justice for their sons. The passage of this justice “reform” bill has just made that just demand harder to achieve.
Tuesday, November 13, 2012
You’ve likely heard about the exciting buzz that has been permeating in Colombia. Yes, you guessed it; we’re talking about the announcement of the peace talks! We’ve decided to compile our own list of interesting sources –including the important voices of different civil society actors that are sometimes not heard –for our faithful readers to easily access.
We’ll begin with the voices of civil society and their takes on the peace process. Some of the main points brought up by these actors are:
- Civil society inclusion and participation in the peace process
A Colombian victims’ group, MOVICE, made this official statement regarding the peace talks, in which they welcome peace and call for the inclusion of victims in the peace process, as well as call for a bilateral ceasefire.
LAWGEF and USOC’s statement regarding the peace talks; warmly receiving the negotiations, the organizations call for the full inclusion of civil society, including women, Afro-Colombian and indigenous communities.
A critical explanation from La Silla Vacia of why civil society’s demand to be included in the actual peace negotiations is unfeasible.
- The topic of a bilateral ceasefire
The Coordinación Colombia Europa Estados Unidos (CCEEU), a major coalition of Colombian NGOs, issued this official statement regarding the peace talks, calling for special attention to be given to the victims of the armed conflict and for both parties in the negotiations to refrain from escalating the violence during the actual negotiations.
Colombians for Peace issued an open letter addressed to President Santos, Timochenko of the FARC and Nicolas Rodriguez of the ELN calling for the parties to develop an agreement to respect international humanitarian law as a peace agreement is developed. The letter asks that the government stop bombing civilian buildings and that the FARC stop using landmines and give information about kidnapped persons. Colombians for Peace also emphasize four points to “humanize the conflict” which revolve around: ending the use of landmines, stopping child recruitment, stopping attacks on civilian buildings and establishing a truth commission.
Next, we’ve compiled an assortment of editorials from Colombian newspapers and news magazines such as El Tiempo and Semana.
An interview with León Valencia, director of the Corporación Nuevo Arco Iris, in which he analyzes statements from President Juan Manuel Santos and head commander of the FARC, Timoleón Jiménez, alias “Timochenko” regarding the peace talks. He notes that of particular interest is the FARC’s agreement to include laying down its weapons in the agenda. This piece in El Tiempo presents the argument that even when taking into consideration the frustrations of previous talks with the FARC, this time there's a real, genuine possibility that the negotiations will be successful.
A special reconciliation issue from El Tiempo focuses on the need for broader social change in Colombian society, viewing the peace talks as a step on the pathway towards widespread reconciliation.
Experts and analysts weigh in at El Tiempo about the realistic outline of the Colombian peace negotiations without a negotiated ceasefire.
This interesting analysis in Semana looks beyond the public and official announcements about the peace negotiations and instead, examines the important symbols that show why the public should be optimistic about these current peace talks.
Former paramilitary leaders say in an interview with Canal Capital that their peace process failed and caution the government to take into account many of the mistakes that occurred in their peace process when preparing to sit down to negotiate with the FARC.
In Portafolio, several leaders from different Colombian business sectors give their support to the upcoming peace talks, hopeful that if peace negotiations are successful it will be very good for the economy
Just in case those articles were a bit difficult to read in Spanish, we’ve included here some English-language coverage.
Scholar Milburn Line calls for the United States to do a better job in visibly supporting the peace talks. The article suggests it’s time for the U.S. to reexamine its foreign policy in Colombia, including the impact of Plan Colombia, and vigorously support peace negotiations that are more rewarding for U.S. foreign policy and legacy in the region.
Colombia Report’s editorial describes the peace process as a complex process that must incorporate all Colombians, with emphasis on the populations affected most by the conflict, in order to have a successful peace negotiation and sustainable peace throughout the country. It prioritizes systems and strategies for fully supported demobilization and long-term reintegration programs for those fighting.
This Colombia Reports op-ed suggests that the peace talks are “destined to fail” because, in its opinion, the conditions of these negotiations are no different than those of the past. It also argues that the FARC is a terrorist organization that the “desperate-to-please” Santos administration should not negotiate with.
This blog in the Financial Times examines the international politics and possible motives of the peace process, ultimately arguing that successful negotiations are win-win for all: Colombia will have achieved peace and President Santos stands to gain a potential boost in popularity; Cuba creates a reason for the U.S. to relax its embargo; Venezuela helps end gun-smuggling which is good for the region; and the U.S. Plan Colombia policy can be seen as a success and will save the U.S. money not supporting Colombia anymore.
A fairly optimistic article in Commentary Magazine that says peace talks have the potential to be successful this time around mainly due to the fact that “the FARC has been essentially defeated militarily” as a result of the crushing setbacks by the military under the Uribe Administration, forcing the FARC to now negotiate.
Finally, here are some very valuable experts in themes such as conflict resolution and regional security policy.
Hear actual voices from Colombian civil society in this live recording from the event,“The Colombian Peace Talks: Perspectives from Civil Society,” hosted by the Washington Office on Latin America and cosponsored by LAWGEF and other groups.
Colombia Calls is a great blog from long-time astute observer of the peace process and senior program officer for Latin America in the Center of Innovation at the U.S. Institute for Peace, Ginny Bouvier.
The International Crisis Group’s official report is an excellent, comprehensive analysis on the state of the armed conflict and peace negotiations.
The Washington Office on Latin America’s Adam Isacson, Senior Associate for Regional Security Policy, weighs in with reasons to be more optimistic with this peace process than with past attempts and some possible obstacles.
Aldo Civico, professor of anthropology at Rutgers University, has this insightful blog on “Engaged Anthropology, Peace Building, and Human Rights.” Civico has served as a conflict resolution facilitator to international institutions, government, corporations and non-governmental organizations in Italy, Haiti, Mexico, Brazil and Colombia.
This post is cross-posted with the Latin America Working Group Education Fund's LAWGBlog. It was written by LAWG intern Chelsey Crim.
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