By Fulton Armstrong
The leadership shown by Colombian President Santos and FARC Commander “Timochenko” – encouraged by the Vatican and the governments of Cuba, Norway, and the United States – will be tested as challenges to completion and implementation of a final accord are certain to be intense. The President and FARC leader announced last week that they’d resolved the thorny issue of justice for guerrilla and government commanders accused of serious crimes and set a deadline of 23 March 2016 to sign a peace agreement. The most important – and controversial – provision covers “transitional justice” for a range of offenses, including crimes against humanity. Most of the estimated 6,000 rank-and-file FARC combatants will get amnesty, while commanders will choose between confessing their crimes and serving five- to eight-year terms performing labor in institutions other than prisons, or refusing to cooperate at the risk of much longer terms in prison. (The same procedures will be established for government military officers accused of atrocities and those guilty of financing the paramilitary fighters who ravaged the countryside through the mid-2000s.) The FARC also agreed that guerrillas would begin handing in their weapons when the final accord is signed. Negotiators had previously agreed on rural development strategies, political participation, and counterdrug policies.
Almost universally, the agreement has been hailed as an historic achievement. The announcement in Havana capped three years of talks facilitated by “guarantors” Cuba and Norway and later supported by the United States, represented by former Assistant Secretary of State Bernard Aronson. During a mass in Cuba several days earlier, Pope Francis had implored the two sides to strike a deal, noting that “we do not have the right to allow ourselves yet another failure on this path of peace and reconciliation.” U.S. Secretary of State Kerry called the Havana accord a “major breakthrough” and pledged that Aronson would stay closely engaged.
Latin American peace accords – most ending wars much shorter than the five decades of Colombia’s – provide ample evidence that the road ahead, however historic, will not be without difficult challenges.
- The accord will require a constitutional amendment, and President Santos will have to submit it for congressional approval and a national referendum. Former President Uribe, who leads Centro Democrático, has already declared war on it, calling it “a coup against democracy” that will lead to a “new dictatorship backed by guns and explosives.” (Uribe also attacked Kerry’s statement as “deplorable.”) Public discussion of details of guerrilla abuses, including forced youth recruitment and sexual violence, will play into opponents’ hand.
- Colombian Prosecutor General Alejandro Ordóñez, an Uribe ally, said last week that any accord that does not entail prison terms for FARC commanders guilty of crimes would be “legally and politically untenable.” He claimed that it would violate victims’ rights and international law, which requires that punishment for war crimes be “proportional to the crimes committed.” Human Rights Watch also condemned the provision and predicted the International Criminal Court would do so as well.
- Fulfilling commitments in the agreement to address the longstanding lack of government infrastructure in huge expanses of the country, help even modestly the resettlement of the more than 5 million persons displaced by violence, and expand programs to alleviate poverty and income inequality will have price tag beyond Colombia’s current ability to pay. Informal estimates of the 10-year cost are $30 billion. The willingness of Colombian elites, who only grudgingly paid a war tax, to help foot the bill is far from certain.
- The FARC’s ability to enforce discipline among its rank and file is also untested. There are reports that some commanders oppose any agreement. Moreover, like demobilized paramilitary combatants, many combatants know no life other than rural combat and will be tempted to keep their weapons and join criminal networks that continue to terrorize rural communities.
- The outstanding U.S. warrants for the extradition on drug-trafficking charges of reportedly dozens of FARC commanders may require some finessing, but Colombia’s peace commissioner, Sergio Jaramillo, suggested confidence that Washington will not demand extraditions if, as is almost certain, they would be a deal-breaker.
September 29, 2015