Colombia: LGBTQ+ Youth Faces Discrimination, Bullying, and Institutional Harassment 

by Juliana Martínez* 

Group of demonstrators in Colombia for LGBTQ+ rights / Erick Morales / Sentiido / Creative Commons License

Despite significant progress in laws advancing their rights, Colombia’s LGBTQ+ youths face systemic hostility and receive little support from the institutions that are supposed to help them, leading to higher mental health issues and reduced academic achievement. Surveys by the Colombian Sentiido Foundation – receiving 1,555 and 3,246 responses from LGBTQ+ youth in August-September 2021 – provide a comprehensive picture of their lives, experiences, needs, and support networks. 

Despite the most progressive legal protections in Latin America, the public record and various comprehensive studies show that LGBTQ+ people in Colombia continue to experience widespread discrimination and violence – including bullying, verbal harassment, mean rumors, and physical assault – that make them feel unsafe. Ninety-eight LGBTQ+ people were murdered in Colombia in 202021. 

  • Colombia’s highest judicial body, the Constitutional Court, has established strong precedents that explicitly protect sexual orientation and gender identity from discrimination. Gay couples can get married and enjoy the rights of straight couples. While the country does not have a comprehensive gender identity law, trans people can change their name and sex marker on all official documents freely. The Court has shown a strong anti-discrimination stance with a series of rulings protecting students as well. 
  • Despite this, LGBTQ+ youth suffers on many levels. Sentiido’s surveys confirmed that young LGBTQ+ Colombians experience harassment, bias, and discrimination in school and other aspects of their lives. Ironically, the Sentiido study found that, rather than being the solution, adults are often part of the problem – failing LGBTQ+ youths in school, home, and even churches. Teachers, parents, and other adults in positions of responsibility often press youths into therapies and treatments to make them conform to traditional models rather than prosper as they are. Eighty-seven percent of LGBTQ+ youths have heard homophobic or transphobic comments from family members, and almost one in five reports having been physically punished by parents for their sexual orientation or gender identity. 

Regarding school climate, more than half report they feel unsafe in school and were cyber-bullied at home, causing more than a third of them to miss at least one day of class a month. More than 90 percent hear homophobic remarks at school, and 75 percent report being verbally harassed based on sexual orientation, gender, gender expression, and race or ethnicity. Thirty percent have been physically harassed (e.g., shoved or pushed). Some 87 percent feel deliberately excluded by other students. 

  • Most students (65.5 percent) reported hearing homophobic remarks from school staff. Teachers’ and administrators’ unwillingness to create a safe environment, such as by discouraging peer meanness, create an impression of condoning the abuse. Almost 15 percent of youths taking the survey reported facing disciplinary processes for being LGBTQ+ despite laws explicitly prohibiting it. 
  • When students reported incidents, moreover, staff usually did not help. Less than a fifth reported that school personnel intervened most of the time or always. (Peers were much more reliable in assisting.) As a result, almost seven in 10 students never reported incidents to staff. 

Youths facing such challenges without reliable support networks, affirming resources, and safe spaces endure stresses that negatively impact their mental health and academic achievement – consequences that are visible in rates of attempted suicide and school absences. These data, however, can help responsible people make institutions more responsive. Almost 70 percent of LGBTQ+ youth think things will be better in the future, apparently because they see the obvious solutions that adults can adopt. 

  • The same questionnaires that paint vivid pictures of the problem also show the way ahead to improvements, starting with adherence to the law. The surveys show that youths who receive positive info about LGBTQ+ people, history, and events – although a minority – have the best outcomes in terms of mental health, a feeling of belonging, and school attendance. Schools with explicitly inclusive policies have more successful staff intervention when problems arise.  
  • Online materials and activities can help as sources of information, but they’re not a substitute for person-to-person interaction. The unsupervised way in which youths navigate online spaces can put them at risk or confuse them. The Sentiido surveys show that inclusion, acceptance, and personal contact are the elements, denied to most LGBTQ+ youths today, that will most help all Colombian youth, including LGBTQ+ youth, thrive. 

*Juliana Martínez  is the Research Director of Sentiido and an Associate Professor at the Department of World Languages and Literatures at American University. Her recent book, Haunting Without Ghosts, Spectral Realism in Colombian Film, Literature and Art, is the winner of the William M. LeoGrande Award for the best scholarly book or article on Latin American or Latino Studies published by a member of the American University community in 2020–2021. 

Colombia: Will New Drug Policies Damage U.S. Ties?

By Pedro Arenas*

Colombian President Gustavo Petro and Vice President Francia Márquez meeting with United States Secretary of State Antony Blinken / U.S. Department of State / Flickr / Creative Commons License

Colombian President Gustavo Petro’s push for a major overhaul of the “war on drugs” is likely to cause tensions with Washington, but both sides appear to be proceeding with caution. Like its predecessors, the Biden Administration is reluctant to acknowledge the failure of the old tactics, but the burden will be on Petro to make the case that new approaches will work better.

  • Colombia has agreed with the United States on drug policies since the 1970s, with a focus on the Colombian Police and, later, the National Army. In 1996, the U.S. State Department said that the Fuerzas Armadas Revolucionarias de Colombia (FARC) were directly engaged in narco-trafficking, which opened the door for deeper cooperation. With “Plan Colombia” in the 2000s, Bogotá made the war on drugs a central element of its counterinsurgency – and Washington became deeply involved despite the implications for human rights in affected regions.
  • The two countries put aerial eradication of coca crops and extradition of traffickers at the center of the relationship, even though the initiatives did not significantly reduce the production or flows of the narcotic into the United States. The cartels fragmented and grew more violent as they fought for control of the trade.

President Petro’s proposed reform is not the first challenge to the decades-old approach. A peace agreement between President Juan Manuel Santos and the FARC in 2016 challenged the nature and depth of cooperation. The accord included commitments in four areas: incentivizing coca growers to change crops (through agrarian reform and secure access to markets); stopping the traffic (through interdiction); eliminating money-laundering; and getting transit and consumer countries to do more to reduce demand. The goal was to reduce the trade and demand more than to criminalize the production of raw material.

  • Little progress was made before President Iván Duque (2018-2022) put the emphasis back onto classic supply reduction. (The Constitutional Court would not allow the resumption of aerial spraying for environmental and health reasons, but ground-based operations increased.) The United States continued to demand increased eradication of coca, while continuing to reinforce police and military bases and cooperating in narco arrests.
  • Petro argues that peace in Colombia should start with the reform of these policies. (Colombia has suffered a conflict with 9 million victims.) He has proposed a permanent end to aerial spraying and an emphasis on crop substitution in coca-producing communities; expanded interdiction in the air, at sea, and on rivers; and greater efforts to bring all illegal armed groups, including narco-traffickers, into the national judicial system with assurances that they will not be extradited if they cooperate, compensate victims, and do not repeat their crimes.

Six Colombian think tanks (including the one I cofounded) have given the President recommendations on how to implement his priorities. The recommendations stress the need for internal Colombian reforms, most of which can be made without the permission of the United States. Important ones include ending the excessive use of criminal law in non-violent drug cases; suspending the use of force against communities in coca-producing areas; implementing the Peace Accord (including promised investments to fund alternative crops); permitting a regulated cannabis market; and opening markets of food products, with appropriate protection for users, derived from coca leaf.

Despite his progressive international discourse on the need to end the war on drugs, Petro’s opponents say that his proposals would make Colombia a narco-state, and peasant organizations are concerned that land eradication by the military and police forces will continue. The State Department’s top drug official initially said publicly that he saw “a problem” in Petro’s proposals, but Secretary of State Blinken at a press conference with Petro on Monday said he “strongly supports the holistic approach that President Petro’s administration is taking,” and that the two administrations are “largely in sync” on drugs policy. They did not publicly address the thorny issue of extradition.

  • Washington will probably have difficulty making deep changes to policy, particularly as U.S. mid-term elections approach. In addition to competing perspectives on how to deal with crime, there are political sectors, bureaucracies, and powerful business interests that have benefited greatly from the past policy emphasis on criminalizing peasant production of coca leaf – even if the results have been questionable. Their justification is that the drug problem “would be worse if we didn’t do it.”
  • Petro surely knows he will have to be creative and patient with Washington. For instance, recently the Colombian Police chief received two U.S. helicopters, the first of 12, for protecting the forests in Colombia, suggesting the new President will seek common ground with the United States. He wants to avoid provoking Washington to use its anachronistic “decertification” process to punish him for showing insufficient commitment.

The six think tanks believe that Petro can thread the needle in the U.S. relationship and that, if implemented correctly, the reforms of drug policies will bring Colombia in line with international norms, including the protection of human rights, and win broad international support. A frank conversation among Latin America, Africa, Oceania, and Europe within the OAS or UN would benefit all.

* Pedro Arenas is cofounder of Corporación Viso Mutop, a Bogotá-based organization that facilities dialogue on sensitive issues among diverse social, political, and institutional actors.

Colombia: Example of Increased Criminality by Women

By Nataly Rendón González*

A prison in Colombia/Flickr/Creative Commons License

Emerging data about women’s involvement in criminal activities is stimulating debate on how best to understand – and solve – the problem. Research into female crime is still insipient, but Colombian researchers and officials have produced data indicating that the focus on male criminal behavior has obscured a growing problem among women. 

  • Female crime is increasing worldwide, and Colombia is no exception. The Centro de Investigación en Política Criminal reported in 2018 that the number of women in Colombian prisons grew 53 percent from 2000 to 2017, with drug-related offenses ranking highest. Between 1991 and 2018, the number of women in prison per 100,000 inhabitants increased by 219 percent, with 1,500 women deprived of liberty in 1991 and 7,944 in 2018.
  • Medellín has developed data providing an interesting context for analyzing the role of women in crime. Although the number of murders in the city decreased from the 1990s to 2014, Medellín remains among the cities with the highest homicide rates in the world – due to demobilized combatants and, especially, the increase of criminal gangs. Observers have also tracked an increase of women committing “minor” crimes, defined locally as crimes “easier” for women to perform because they do not “compromise physical integrity.”

Experts are debating whether the feminine “liberalization” – including women’s growing presence in educational, political, and economic contexts – could be fueling the trend. Expanding opportunity has allowed women to acquire greater skills and reduce the wage gap between genders – thereby decreasing incentives to participate in criminal activity. But some observers posit that the decrease in families’ ability to provide “surveillance and protection” of underage women has created circumstances in which less-successful women gravitate to crime. 

  • Universidad de los Andes Professor (and National Police Major) Ervyn Norza-Céspedes documented as long ago as 2012 that the crimes with the highest participation by women are theft (30.52 percent of female crime); manufacture, transport, possession of narcotics (32.54 percent); and assault (9.27 percent). The average violator is 27-36 years old and either works as a housekeeper or is unemployed.
  • Studies show that women with lower education and economic resources are most vulnerable. The National Penitentiary and Prison Institute of Colombia (INPEC) found that 69.7 percent of Colombian women in prison did not attend secondary school – a conclusion supported by other research confirming a correlation between education and criminal activity. INPEC also found that 66.9 percent of the women criminals lived in the country’s estratos 1 and 2 (roughly low-lower class and lower-class) and that 72.8 percent of them received incomes below two monthly minimum wages in the household.

Additional data collection, research, and analysis are obviously needed to better define the trends in female crimes, the causes, and the implications for society in Colombia and throughout the region. Although preliminary research showing the relationship between the different types of crime and the perpetrators’ socioeconomic and demographic characteristics appears logical, a deeper understanding will be particularly important to finding solutions to this growing problem. 

  • In theory, the increase in crimes committed by women could be controlled with public empowerment policies aimed at increasing employment opportunities for female housekeepers and less-educated women in lower socioeconomic estratos. Additionally, crime policy with a gender focus may include feasible and appropriate ways of reducing the opportunities that some women are currently seeing to commit crimes. This policy can be useful to improving reintegration possibilities and mitigating the vulnerabilities to which women are exposed when they come into the penal system. Further research may also aid the development of alternatives for caring for women who have committed crimes that do not involve physical violence – to help them embrace legal economic opportunities.

January 28, 2022

Nataly Rendón González teaches at the Escuela de Ciencias Económicas y Administrativas of the Universidad EIA (formerly the Escuela de Ingeniería de Antioquia) and is a Global Scholar in AU’s Program for Gender Analysis in Economics.

Colombia: Poisoning the Future with Glyphosate?

By Luis Gilberto Murillo, Pablo Palacios Rodríguez, and Michael Julián Córdoba*

Fumigation in Colombia

Fumigation planes spray the Colombian countryside./ KyleEJohnson/ Flickr/ Creative Commons

Colombia is the second most biodiverse country and has the greatest number of unique species in the world, but the government’s approval of the widespread use of glyphosate – by agroindustry as well as in drug-eradication operations – continues to threaten this important resource for humanity. The country undoubtedly has greater awareness than many others of the link between protecting and taking advantage of its environmental richness. Economic and political interests, however, are shoving those values aside. The COVID‑19 pandemic has accelerated deforestation in some parts of the country as the nation prioritizes public health and economic recovery.

  • The use of herbicides such as glyphosate (known commercially as Roundup) in agriculture and, especially in the past, aerial eradication of illicit drug crops poses the greatest threat. The Colombian Agricultural Institute (ICA) estimates that glyphosate in 2016 represented 17 percent of the 10 million liters (equal to 359 medium-size swimming pools) of herbicides used in the country. Industrial farms use it in fields that produce a vast array of foods, including sugar, rice, citrus, bananas, and fresh vegetables.
  • The ICA and the National Police say that 10 percent of the glyphosate that year was sprayed from airplanes to destroy illicit crops. (In the previous 20 years, some 2 million hectares had been sprayed.) This practice has continued despite growing evidence that aerial fumigation is inefficient and ineffective – most often merely forcing growers to move production elsewhere, expanding deforestation. UN experts estimate that 60 percent of coca producers replant eradicated fields. Spraying glyphosate is also expensive, costing about US$70,000 per hectare.

The administration of Colombian President Iván Duque has been reversing what progress his predecessor, Juan Manuel Santos, and the courts had made in ending the use of glyphosate.

  • Santos began a process that, if continued, would have led to a total prohibition of the use of glyphosate. The policies were based on the growing body of evidence that the substance could cause cancer. The International Agency for Research on Cancer in 2015 designated it as “possibly carcinogenic for humans.” Previously, in 2005, Colombia’s National Health Institute had already demonstrated its genotoxicity (causing mutations) and cytotoxicity (harming cells). The government also argued that more than half of the U.S. states had prohibited the use of glyphosate. The Constitutional Court backed Santos’s push in part to protect the rights of Afro-Colombians and the Indigenous of Chocó, who studies show have been seriously affected.
  • Since taking office two years ago, President Duque’s administration has changed policy back, including on spraying glyphosate to reduce illicit drug production. It has dismissed the validity of existing studies and asserts that the scientific evidence about the herbicide’s effect on the environment and animal and human health is weak. The Colombian government is intensively pushing to resume fumigation of coca fields. The government is also sympathetic to agro-industry’s argument that any substitute herbicide could be worse than glyphosate.

The science is clear even if the politics is not: Glyphosate, especially when aerially sprayed, has serious implications for ecosystems and is already showing toxic effects on many species of plants, many of which are endemic (unique) to Colombia, as well as insects necessary for ecological balance. Trustworthy studies indicate that up to 40 percent of the country’s biodiversity is threatened. The U.S. Environmental Protection Agency (EPA) has found that, in the United States alone, glyphosate threatens 74 species with extinction – a small fraction of what Colombia stands to lose. Agro-industry’s argument that other herbicides could be worse dodges the fundamental issue that continued reliance on glyphosate is dangerous.

  • The pandemic has been a convenient excuse for the government to avoid thoughtful debate and pull back on enforcement of the few existing regulations in place governing the use of herbicides. But now is actually a good time to take up the issue, as environmental protection and the fight against climate change are central to the post-COVID period.

August 24, 2020

* Luis Gilberto Murillo is a former Colombian Minister of Environment and Sustainable Development and CLALS Fellow. Pablo Palacios Rodríguez is a professor of biology at the Universidad de los Andes. Michael Julián Córdoba is coordinator for public policy at Fundación Tierra de Reconciliación.

Colombia: Forced Disappearances Remain High in Norte de Santander

By Jessica Spanswick and Javier Ochoa*

Event in Cúcuta, Colombia, hosted by Fundación Progresar and UNDP – a book release featuring stories of 100 disappeared people.

Event in Cúcuta, Colombia, hosted by Fundación Progresar and UNDP – a book release featuring stories of 100 disappeared people.

The Colombian department of Norte de Santander, along the most heavily traveled part of the national border with Venezuela, has the highest rate of forced disappearances in the entire country – increasing as implementation of the historic peace accord signed in 2016 has faltered. Homicides, kidnappings, and other disappearances have all surpassed national averages. Fundación Progresar, an NGO based in the province’s capital, Cúcuta, estimates that one person in the area was forcibly disappeared every three days in 2018. During fieldwork with the NGO in 2019, we interviewed surviving family members and heard their accounts of suffering. Some of the reasons for these disappearances have deep historic roots, such as the perennial absence of sustained, trusted government presence in the area, but others reflect trends that have grown in importance since 2016.

  • Armed groups filling the void left by the formal demobilization of the FARC have proliferated. In the last two years, the criminal activity of at least a dozen armed groups was registered in Norte de Santander, ranging from enduring guerrilla groups (National Liberation Army, ELN; the Popular Liberation Army, ELP, also known as Los Pelusos; and dissident FARC groups); armed groups resulting from the demobilization of paramilitary groups in 2004 (including Los Rastrojos); and organized criminal groups (including purported affiliates of the Sinaloa Cartel). Most are engaged in highly profitable cocaine production, narco-trafficking, and gas-smuggling activities in the area.
  • Our analysis of data from the UN Office on Drugs and Crime (UNODC) indicates that the number of hectares under coca cultivation in Norte de Santander grew from 6,944 in 2014 to 33,958 in 2018, with no sign of abating. The government abandoned voluntary eradication programs and did not honor agreements to help communities within the framework of the peace accord. The province provides a strategic corridor for smugglers to bring in Venezuelan oil products for transportation and to make drugs – more than 100,000 gallons a day when it’s available – and exfiltrate the finished cocaine.

A massive influx of Venezuelans fleeing crisis back home has also led to a spike in disappearances. The United Nations High Commissioner for Refugees (UNHCR) estimates that nearly 5 million Venezuelans (many of Colombian heritage) have fled the country, the vast majority passing through or staying in Colombia. Many, distrustful of both countries’ officials at formal ports of entry and without a proper channel to receive refugee status, transit informal trocha crossings controlled by criminal groups, where they are at risk of extortion, human trafficking, sex trafficking, murder, and forced disappearance. Our research shows that even those paying a fee to pass through these areas are subjected to abuses.

  • Many Venezuelans, including children, are forced to work as raspachines (coca leaf pickers), who have told human rights groups that they want to go to school but are working essentially as indentured slaves. Older youths have been recruited as soldiers. According to five military commanders, as many as 30 percent of the insurgents in that region are Venezuelans who take up arms “in return for food and pay.” They receive more than 27 times the monthly minimum wage in Venezuela. Others are pressured by criminal groups to join. Another problem is that an increasing number of Venezuelan women and girls are victims of human and sex-trafficking rings in the province. According to local organizations interviewed by Refugees International, they “are often forced to ‘pay’ for passage by providing sexual services.” UN Humanitarian Affairs officials (OCHA) say that “fear of being deported or arrested keeps [[victims]] from seeking help from local authorities.”

The standard solution for reducing the influence of criminal groups in situations like this – establishing state control – remains elusive. The Colombian government has the resources and institutions to address the problem, but it has been slow to take action. Some 99 percent of complaints remain in the initial phase of the criminal process (indagación) – with little chance of moving toward deeper investigation and prosecution. Of 1,106 cases, only six are on, or approaching being on, trial. Having met face-to-face with the families of victims, we know how difficult – and unsatisfying – it is to tell them that governments, NGOs, and others are “doing all they can” to find justice for them.

June 9, 2020

* Javier Ochoa and Jessica Spanswick are recent Master’s graduates of the Center for Latin American Studies at Georgetown University. Ochoa interned with the Inter-American Commission on Human Rights, and Spanswick interned at Fundación Progresar, the Colombian Truth Commission, and the Guernica Center for International Justice. The full text of their study is here.

Colombia: Lame Duck President?

By Fernando Rojas*

Uribe and Duque

Former Colombian President Álvaro Uriba (left) and President Iván Duque. / Centro Democrático (left), Casa de América (right) / Flickr, modified / Creative Commons

A combination of defections from within his governing team and widespread street protests suggest that Colombian President Iván Duque’s administration may be running out of steam 18 months into his four-year term. Doubts are mounting as to whether he has built a discernible platform for addressing the country’s most pressing social, environmental, political, or geopolitical dilemmas.

  • Soon after his inauguration in August 2018, Duque announced a major tax reform and succeeded in pushing through a promised expansion of incentives and other privileges for large corporations and higher-income groups. His Administration’s first development plan was a potpourri of policy inertia without a clear message or Presidential imprint. Members of his planning team either resigned or were dismissed soon after the plan became law. His other big push was for a gradual reorientation of the peace agreement that two years earlier had ended Colombia’s 50-year insurgency. That agenda has advanced mostly through non-implementation of accord provisions rather than through alternative policies.
  • Duque’s greatest political asset was his endorsement by former President Álvaro Uribe. Unlike former President Juan Manuel Santos (2010-18) – another candidate initially backed by Uribe but who subsequently broke from his mentor to launch the peace process – Duque has opted to adhere to Uribista critiques of the accords.

During Duque’s term so far, some policies that had been successful under President Santos have atrophied through inattention.

  • Funds for programs initiated under Santos to secure peace and stability in the countryside have been channeled into communities and municipalities based on political criteria. The Regionally Focused Development Plans (Planes de Desarrollo con Enfoque Territorial, PDET), for example, are managed and selectively funded directly by the President’s office. One of the requirements to support rural communities in conflict-ridden areas appears to be adherence to Duque’s implicit pacification strategy. Most visibly, the government has paid little attention to the killings of more than 100 community organizers – even calling a UN report on them last month an unwelcome intervention in the country’s sovereignty and roughly equating the murders to robberies of cell phones on the street. A long-debated initiative to expand identification of the use of land plots in order to better focus social and economic development policy is increasingly being deployed to formalize land property in its current hands – not in the name of the millions of displaced peasants awaiting restitution of their plots.
  • Government silence on environmental protection has allowed small legal and illegal miners – often protected by guerrillas or paramilitary groups – to circumvent the opposition of communities concerned about the mercury and other poisonous elements such operations dump into water supplies. Powerful international corporations are being granted concessions for extraction of gold and precious metals in mountains that provide water and are home to unique flora and fauna.

Uribe has no choice but to support Duque through the end of his term in 2022, while hoping that political protests do not interrupt his term – for the first time in Colombia since 1953. Duque’s approach to national affairs does serve the interests of many Uribistas, who welcomed the tax cuts and reprogramming of funds from ordinary peasants to peasant-sympathizers or landowners. But political loyalty is a fragile virtue when there is no vison of common values nor transparent consensus on how to make them reality. The riots that shook the government in November, although short-lived, revealed a sort of vulnerability about Duque that could strain Uribe’s patience. Duque appears to be at the mercy of both those who enabled his rise to power and those who want to overthrow him.

March 9, 2020

* Fernando Rojas is a consultant on government management, decentralization, and multi-level governance.

Afro-Colombians and Indigenous: From Hope to Invisible Again?

By Luis Gilberto Murillo Urrutia*

Firma de la paz

Signing of the peace accords between the Colombian government and FARC, 2016/ Gobierno de Chile/ Wikimedia Commons/ https://commons.wikimedia.org/wiki/File:Jefa_de_Estado_participa_en_ceremonia_de_la_Firma_de_la_Paz_entre_el_Gobierno_de_Colombia_y_las_FARC_E.P._(29953487045).jpg

Colombia’s delicate and fragile transition to peace, a process enshrined in the 2016 peace accord between the government and the FARC guerrillas, has brought some benefits to Colombia’s Indigenous peoples and communities of African descent but has fallen far short of expectations – with troubling implications for those groups in the future.

  • Official figures tend to understate the size and influence of the Afro-Colombians and Indigenous. According to the government, 15 percent of Colombia’s population is of African descent, and 4 percent (from 82 different ethnic groups) are Indigenous. But other estimates, such as that of the Centro de Investigación en Ciencias Sociales y Económicas (CIDSE) of the Universidad del Valle, estimate that Afro-Colombians could be as much as 25 percent of the national population, and Indigenous ethnic groups occupy some 15 percent of the national territory. These groups suffered deeply during the half-century of conflict that the peace accord intended to stop. One of many examples is the massacre of Bojayá, in the predominantly Afro-Colombian department of Chocó, which left more than 100 people dead – mostly women and children who had sought refuge in a church. The Indigenous also suffered great losses.

These historically neglected communities – which numerous observers report experienced a disproportionate deepening of poverty and discrimination during the conflict – saw in the peace accord and its implementation the opportunity to push longstanding demands for full exercise of their rights, especially control over their own territories in places such as Chocó, the Indigenous free farm labor system in Cauca and Nariño, and the ethnic region of Sierra Nevada de Santa Marta.

  • The chapter of the peace accord dealing with ethnic matters, included as a result of the activism and leadership of Afro-Colombian and Indigenous organizations, encouraged those hopes. As accord implementation started, these groups focused on achieving protection for social leaders; the removal of anti-personnel mines from their territories; substitution of illicit crops; protection for, and expansion of, traditional homelands; and various environmental protections.
  • Last March, ethnic organizations reported some advances during the early stage of the implementation of the peace accord, during the administration of President Juan Manuel Santos and, more recently, when President Iván Duque’s government, in the planning process for regional programs and projects, included about US$5.5 billion in the four-year mandatory National Development Plan 2018-2022. If faithfully carried out, which appears doubtful, such expenditures would benefit Afro-Colombian and Indigenous communities.

At the same time, however, leaders stated that, of the 13 specific provisions in the accord’s Ethnic chapter, implementation of seven had not even started – significantly less than the accord as a whole. Even more troubling to them, security in their communities has continued to deteriorate.

  • Some 35 percent of citizens displaced since 2016 have been Afro-Colombians and Indigenous. An estimated 40 percent of social leaders murdered have been from these groups, including 11 percent of those promoting manual eradication of coca production instead of forced aerial spraying. Disputes among armed groups with roots in both paramilitaries and guerrilla groups have increased the vulnerability of these communities.
  • Ethnic organizations blame this poor performance on the lack of a fluid dialogue between government and community leaders; the ignorance (willful or not) of the current government to embrace the deals made by its predecessors; and the lack of dedicated budget resources. The government has not convened a meeting of the Special High-Level Authorities of the Ethnic Peoples established by the accord. Afro-Colombian and Indigenous leaders have been largely excluded from critical decisions related to peace process implementation affecting their communities.

Growing challenges to accord implementation further complicate prospects for progress for Afro-Colombian and Indigenous communities. Political tensions in Bogotá, the government’s efforts to unilaterally alter implementation, the assassination of social leaders, and – most recently and perhaps most disturbingly – some FARC negotiators’ decision to abandon the accord and take up arms anew, all have dire implications for them. Afro-Colombian and Indigenous leaders – lacking a viable alternative – seem likely to continue betting on the peace process and fulfilling their obligations under the accord. The bottom line, however, remains that the slow, inconsistent implementation and the absence of serious dialogue and coordination suggest that, once again, these important communities may become invisible.

September 12, 2019

* Luis Gilberto Murillo is a CLALS research fellow and former Minister of Environment and Sustainable Development of Colombia, with 30 years of experience in the areas of environment, sustainable development, and peace building.

Domestic Politics and U.S.-Colombia Relations 

By Sebastian Bitar and Tom Long*

duque and pompeo

Secretary Pompeo and Colombia President Ivan Duque Marquez Visit the Migration Transition Assistance Center in Bogota. U.S. Department of State / U.S. Government Works

Colombian domestic politics and institutions have created obstacles for President Iván Duque during his first year in office, complicating efforts to meet demands from U.S. President Donald Trump and reestablish close bilateral cooperation with the United States. As the hand-picked successor of former President Álvaro Uribe, long Washington’s closest ally in Latin America, Duque was widely expected by many in the United States to fully align Colombia with U.S. priorities. Like his mentor, Duque criticized the Colombian peace process as prolonging drug trafficking, raising Washington’s hopes that he would aggressively confront a spike in coca production that started in 2016.

  • In September 2017, nine months before Duque’s election, Trump publicly threatened to “decertify” Colombia for inadequate cooperation on counternarcotics – almost unthinkable in the Plan Colombia era. Despite efforts, the new government has not delivered to Trump’s satisfaction. Opponents blocked resumption of aerial spraying of coca fields with glyphosate – an herbicide linked to cancer. The new transitional justice high court, known as JEP, refused U.S. requests to extradite a high-profile former guerrilla leader, “Jesús Santrich,” to face drug trafficking charges in the United States, reversing a decades-long tradition of requiring only a U.S. indictment with no judicial process in Colombia. The Trump administration retaliated by suspending the visas of some Colombian justices, provoking a domestic political backlash that has further hemmed in Duque.

The U.S. actions emerge from the inaccurate assumption that Colombian presidents can make foreign policy without regard for domestic opposition and institutions. Much U.S. scholarship and policy commentary on the Andean nation’s foreign policy is marked by a near-exclusive focus on the person of the president on the one hand, and on the role of the United States on the other. In our recent article, “Domestic Contestation and Presidential Prerogative in Colombian Foreign Policy,” we demonstrate the limits of these commonly held views of Colombian foreign policymaking. While U.S. pressure is indeed a heavy constraint and Colombian Presidents, constitutionally and institutionally, enjoy wide latitude in foreign policy, we show that Colombian foreign policy increasingly responds to domestic pressures.

  • The Constitutional Court has emerged as a surprising constraint even on very strong presidents’ foreign policies. In 2009-2010, it was mostly an afterthought for the powerful and popular Álvaro Uribe when he prioritized an expansion of the U.S. military presence in the country through the establishment of military bases – largely ignoring South American opposition. The court’s veto, along with strong public opposition, came as a surprise to the President. Its mandate to go through Congress risked political costs that Uribe’s successor, President Juan Manuel Santos, was unwilling to pay.
  • Colombian presidents have also adapted their foreign policies in the face of potential electoral and Congressional costs. In 2012, during the height of the “China boom,” Santos proposed free trade negotiations with China as a top priority, but manufacturing interest groups – including some of Santos’s close allies – turned the Congress against the President. Santos backed away and embraced a face-saving investment agreement. Perhaps more embarrassingly, when the International Court of Justice issued a ruling on a maritime dispute with Nicaragua that gave Colombia sovereignty over disputed islands but forced a compromise on territorial waters, Santos was faced with electoral political mobilization from his former patron, Uribe. Despite explicit promises to abide by the ruling, Santos revoked recognition of compulsory jurisdiction – long a cornerstone of Colombian diplomatic tradition.

While critiques that Plan Colombia (2001-15) was cooked up by the State Department without deep Colombian involvement are false, Colombian domestic politics were secondary to those of the U.S. Congress. An unpopular Colombian President, Andrés Pastrana, was able to sideline domestic opponents and affect the internationalization of the Colombian conflict – shaping the view of Presidential power over Colombian foreign policy. However, in many ways, that was both an outlier and a turning point.

  • Exaggerated presidentialism, linked to tropes of caudillos and strongmen presidents, can lead to one-dimensional analysis and unfulfillable policy expectations. While domestic dynamics are often considered when discussing U.S. foreign policy, they get little attention in the Latin American context. As the recent episodes above reflect, these domestic constraints have caught Colombian presidents themselves off guard, and the presidentialist assumption can lead U.S. policymakers to make demands that assume Colombian presidents are pliable in the face of U.S. pressure but omnipotent domestically. Contested presidentialism is here to stay. 

 

July 31, 2019

* Sebastian Bitar is Associate Professor in the School of Government at Universidad de los Andes. He is author of US Military Bases, Quasi-bases, and Domestic Politics in Latin America. Tom Long is Associate Professor at the University of Warwick and Affiliate Professor at CIDE, Mexico City. He is the author of Latin America Confronts the United States: Asymmetry and Influence. Their full article was published by the Bulletin of Latin American Research and was co-authored with Gabriel Jiménez-Peña.

 

Colombia: Ready to Expand Environmental Policies

By Luis Gilberto Murillo*

Lush view of mountain range in Colombia

Jardín, Colombia by Pedro Szekely / Flickr / Creative Commons

Colombia has provided important leadership in implementing integrated, pro-environment taxes in the country, but there is urgent need for it to do more.  In 2017, Colombia became one of three countries with the greatest advances in implementing fiscal mechanisms to control emissions, one of the principal tasks on its agenda for full membership in the OECD.  But experts believe that the deepening of the global socio-ecological crisis caused by climate change demands broader, accelerated fiscal mechanisms to protect the environment and sustainable development.

  • In 2015, Colombia, as part of its Paris Agreement commitments, set the goal of reducing greenhouse gases by 20 percent by 2030. A recent report by the Comptroller General of the Republic concluded that the Colombian national economy will need to undergo a significant restructuring to meet that goal and make the country resilient in the face of extreme climate events such as floods and droughts.  The Comptroller report opened the door to discussion of fiscal tools for action and environmental protection, with special priority given to controlling deforestation, water conservation, and improving air quality. Environment taxes on carbon, plastic bags, and motorcycles with motors above 200cc have been a starting point, but the Comptroller assesses that they haven’t been effective enough.
  • The government today has much greater resources – more than 700 billion Pesos (about US$227 million) per year – than before. Moreover, the launch of Colombia’s unique voluntary carbon market, bringing important projects and a flow of resources to rural and ethnic minorities (Afro-Colombians and Indigenous communities), has already demonstrated the positive impact of green taxes.  The program to tax plastic bags has reduced their use by 30 percent in just the first year of implementation, 2017.

Debate over how and where to invest the resources created by environmental taxes will certainly be important.  Most observers believe that the central criterion should be how well projects change the attitudes and behavior of those involved.  Projects will be key, but the contribution of each individual to save the planet will be even more important.

  • The recent finance law, introduced by the current government and approved by Congress, missed a valuable opportunity to adjust existing green taxes and create new ones, especially regarding progress in promoting electric vehicles, innovative renewable energy production, and control over the use of plastics other than bags. Upcoming legislation provides ample chances to expand environmental taxes to achieve these goals.  A better balance between various taxes – on capital and labor on one hand, and pollution and environmental degradation on the other – could lay the foundation for progress.

The gains made thus far underscore the importance of having a strategic vision and discipline.  Improvisation will fail; steady work, technical rigor, and political wisdom are required for progress.  An important first step will be the designation of a technical mission to head the National Planning Department, which is charged with leading and coordinating the country’s development agenda in the medium and long term.  Such a technical mission, along with the Comptroller team, can guide public debate and keep it squarely on the national public agenda.

March 1, 2019

* Luis Gilberto Murillo is a CLALS research fellow and former Minister of Environment and Sustainable Development of Colombia, with almost 30 years of experience in the areas of environment, sustainable development, and peace building.

Colombia: Flaws in Transitional Justice Threaten Peace Accord Implementation

By Néstor Raúl Correa*

Acuerdo de Paz Colombia Feb.15.2019 Flickr

People gather at Bogota’s Bolivar main square on September 26, 2016, to celebrate the historic peace agreement between the Colombian government and the Revolutionary Armed Forces of Colombia (FARC). / Flickr / Creative Commons

The Special Jurisdiction for Peace (JEP), a central part of the Colombia Peace Accord signed in 2016, continues to stumble and is seriously, if not fatally, undermining the justice component for accountability by combatants of both sides of the conflict.  In essence a scheme of transitional justice, the JEP offered a special legal framework and exceptional judicial treatment to create the necessary conditions for peace after decades of massive, systematic violations of human rights.

  • The Accord would not only produce temporary justice; it would be negotiated justice – and it would build on other positive results such as the guerrillas’ surrender of arms and subordination to the political regime it had sought to destroy. It was centered on a quid pro quo: “You give me your weapons and, in exchange, I’ll give you softer penalties and allow you to participate in politics.”  One of three institutions established to promote reconciliation, the JEP’s mandate was to guarantee the rights of the victims.

The Peace Accord in general and the JEP specifically, however, have stumbled over multiple obstacles, in particular the opposition of segments of the Colombian populace that have not forgotten the crimes of the FARC and are interfering with the implementation of the JEP.  While every political faction has constructed its own narrative surrounding the Accord, the most radical and divisive is that of the political right.  Various factors have distorted the role of the JEP to the point that it is no longer a trustworthy reference for the conflicting parties, the victims, or citizens in general.

  • Critical constitutional and legal reforms necessary for the JEP to function, which were already thought to take at least four years, were further delayed when the Legislature diluted or postponed accountability of combatants while providing them quick relief for their crimes, especially in Amnesty Law 1820 of 2016.
  • Having eight units (three courts, four sections and one prosecutorial office) and 38 judges, the JEP was practically guaranteed to have lengthy and convoluted proceedings – a Kafkaesque labyrinth. When a guerrilla defendant has previously served in the military or as paramilitary, the process plunges into chaos.  Further complicating matters, the right has been concerned about the neutrality of current judges in the JEP, arguing that it was conceived as a FARC justice mechanism.
  • JEP management and decision-making – dominated by a handful of judges since 2018 – have become burdened with inefficiencies long present in Colombia´s justice system. Budget squabbles, bloated staffs, contract disputes, and even controversy over holidays and vacation time have become distractions.

As a result, the hope of victims on both sides of the conflict that light sanctions for those responsible for major crimes would be counterbalanced by integral and sustainable protection for themselves has vanished.  Nearly 7 million Colombians were displaced by the internal conflict (out of a total of 8,794,542 registered victims).  JEP dysfunction has denied them their voice in the processes against those who victimized them.  Victims were barred, for example, from attending the hearing of an Army Reserve general accused of murdering innocent civilians he claimed were guerrilla members killed in combat (falsos positivos), while a senior FARC commander firmly rejected victim participation as inconsistent with the Accord.  Former FARC combatants have not been held rigorously accountable.  They move freely within the country, and some FARC commanders remain in hiding and have never presented themselves.  This has further undermined civil society confidence in the JEP and the Accord.

The flaws in Colombia’s transitional justice provide valuable lessons for future peace processes.  The whole process should remain simple and expeditious, with fewer sentencing judges and proceedings.  A competent management unit, independent from the judges, should take charge of administration, including core information systems.  The role of foreign judges, particularly in cases of internal conflicts that have somehow been tainted or affect a vast number of citizens, should be increased, clarified, and protected because of the credibility, legitimacy, and independence they can bring.  It is also critical to avoid creating false expectations among victims, particularly regarding their role in judicial hearings.  An efficient, transparent judicial process provides the best guarantees of justice and effective remedies to victims and civil society.

February 15, 2019

*Néstor Raúl Correa is former Executive Secretary of JEP, a former magistrate, and currently a professor at Pontificia Universidad Javeriana in Bogotá.