Colombia Peace: The War System Yields to Peace

By Nazih Richani*

Colombia Peace Mural

Mural “Nostalgia” painted by the creative collective Deúniti at La Presidenta Park in Medellín, Colombia. Photo Credit: Deúniti, colectivo creativo / Flickr / Creative Commons

Amidst growing optimism at the prospects of achieving a peace agreement in Colombia after more than a half century of irregular warfare, predictions about whether the parties can reach an accord, and sustain it over the long term, should be informed by understanding the underlying logic that fueled the conflict and may now be bringing it to a close. Civil wars are complex social systems with peculiar properties, dynamics, and political economy.  Similar to other social systems, a war system—a set of violent interacting units—rests on a point of equilibrium, which can shift depending on the system’s inner dynamics and external stimuli.  The exponential growth in the 1990s of Colombia’s two main Marxist rebel groups—the Armed Revolutionary Forces of Colombia (FARC) and the National Liberation Army (ELN)—prompted the emergence of right-wing paramilitaries, an instrument of the state’s counterinsurgency strategy.  An expansion of the radius of the war and surge in combat-related fatalities, massacres, land dispossession, and displacements followed.  The failure of peace talks between the FARC and the government of President Andrés Pastrana (1998-2002) indicated that the war system was largely unchanged despite the escalation.

The intervention of a new actor—the United States—disrupted the equilibrium of the war system.  Under “Plan Colombia,” Washington (committing about $10 billion) and Bogotá ($80-100 billion) modernized and restructured the Colombian armed forces.  This new phase in the war system marked a departure from the “comfortable stalemate” that characterized the conflict between 1964 and 2000.  New weapons, air power, tactical flexibility, and expanding mobile commando brigades with U.S. military and technical support, enabled the Colombian armed forces to put the FARC on the defensive.  It took the FARC leadership more than eight years to adjust, losing territory and, more importantly, three of its main leaders: Raul Reyes (2008), Mono Jojoy (2010), and Alfonso Cano (2011).  But the FARC’s “Plan Rebirth”—reverting from “mobile war of positions” to guerrilla warfare, creating more interdependent commando units, and using more snipers and mines—changed the balance anew.

The new equilibrium in the war system, in which the law of the diminishing returns of the war’s investment started kicking in, drove both sides to conclude that the time for peace was arriving.  Colombia’s ruling elites concluded that prosecuting the war would be too costly at a time that U.S. attention was shifting to other theaters and threats.  FARC commander Alfonso Cano, months before his targeted killing, communicated the intention of his movement to seek a negotiated settlement as well.  The cost of continued war had become too great for both sides, and external factors—the death of President Hugo Chávez in Venezuela and the changing Andean regional political environment—were also factors.  FARC became convinced that trading bullets for ballots could help in achieving the remaining objectives of its armed rebellion.  As the two sides continue to make progress in peace talks in Havana, outsiders who want the accords to succeed would do well to remember that disruptions to the war system equilibrium could easily threaten both sides’ commitment to signing and implementing a final deal.

January 11, 2016

Nazih Richani is an Associate Professor of Political Science and Director of Latin American Studies at Kean University.  In 2014 the State University of New York Press  published a revised and updated version of his 2002 study entitled Systems of Violence: The Political Economy of War and Peace in Colombia.

Colombia’s National Policing Model: Real Success?

By Kenneth Sebastian Leon*

Photo Credit: Policía Nacional de los colombianos / Flickr / Creatives Commons

Photo Credit: Policía Nacional de los colombianos / Flickr / Creatives Commons

Colombia’s new policing model – called the National Quadrant Surveillance Model, or MNVCC – has been implemented for almost five years, but assessments of its impact vary widely. Commonly referred to as “Plan Cuadrantes” or “Modelo Cuadrantes,” it was introduced in 2010 as a law enforcement operational strategy for the Colombian National Police (CNP) combining elements of the “hot spots” and community policing models.  The MNVCC emphasizes modern technological and data-driven methods for deploying patrol officers according to locale-specific needs, while also prioritizing community-citizen relations.  The model applies spatial geographic informations system (GIS) technology to public safety-related data to define geographic quadrants for allocating personnel and resources .  In areas of high crime density, for example, the quadrants are smaller to allow for a higher concentration of deployed officers.  Community policing aims to improve relations and collaboration between police officers and the citizens they serve.  On the street, the MNVCC model specifies that six officers be assigned per quadrant, and that all officers be visible, approachable, and recognizable to the residents and commercial establishments.

There is no consensus on how well the model is working.  Fundacion Ideas Para La Paz (FiP), a research and policy institution contracted by the CNP, in 2012 released an evaluation of the first eight cities (including Bogotá and Medellín) that found an 18 percent decrease in homicides, 11 percent in personal assaults, and 22 percent in vehicle thefts.  Another research organization specializing in measuring and monitoring quality of life indicators in major cities in Colombia and abroad, Cómo Vamos, assessed in 2013 that Bogotá ranks second to last nationwide in perception of safety – with only 21 percent of residents feeling safe in the city.  A survey conducted last year by El Centro de Estudio y Análisis en Convivencia y Seguridad Ciudadana found that 71 percent of respondents in the capital are either “very dissatisfied” or “dissatisfied” with the police service.  It also calculated that both total number and population rates of homicide increased between 2013 and 2014.  CNP officials privately maintain that the MNVCC is successful and that these contradictory reports are a matter of perception.  Indeed, a CNP general told El Tiempo newspaper that the perception is caused by “increases in reporting to the police, and that shows increased trust in the police.”

While the data on MNVCC effectiveness obviously need further research, anecdotal information does yield some positive lessons from a community policing perspective.  Smartphone apps and the CNP website provide users with a “find your quadrant” feature, linking them to local-level officers and patrol stations, and WhatsApp messaging allows citizens to connect directly with “quadrant officers.”  Additionally, a Puerta-a-puerta initiative provides information that helps the citizen more effectively reach out to law enforcement.  Call boxes at strategic points in neighborhoods, and a Frente a la Comunidad  neighborhood watch-style program distributes radios to contact local police.  Despite discrepancies in crime statistics and perception surveys, the sixth year of the MNVCC model appears to be creating an infrastructure and a culture in targeted communities that could – with further investments and adjustments – mark a strategic watershed in Colombian policing. 

October 2, 2015

*Kenneth Sebastian Leon is a PhD student in American University’s Department of Justice, Law, and Criminology with a dual emphasis in sociolegal studies and criminology.

Colombia: Historic Progress, Historic Challenges

By Fulton Armstrong

Colombia Peace

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

Maduro Cites Security to Suspend Rights on the Border

By Michael M. McCarthy*

Photo Credit: Globovisión / Flickr / Creative Commons

Photo Credit: Globovisión / Flickr / Creative Commons

The Maduro government’s closure of a key border crossing into Colombia and declaration of a state of emergency in nearby towns mark not only a low in relations with Colombia but also in efforts to manipulate the playing field ahead of legislative elections slated for December 6.  President Maduro blamed Colombian “paramilitaries” for an August 19 firefight in which three Venezuelan soldiers were wounded.  He announced the deployment in the area of the “Operations for the Liberation and Protection of the People” (OLP), which are heavily armed military and police units specially created to force out alleged paramilitaries, and security forces swept through the area forcibly deporting more than a thousand undocumented Colombians.  Last week, the pro-government coalition of the Venezuelan National Assembly called for expanding the emergency measures to two other important border states.  The two countries’ foreign ministers met on August 26 for what Colombian Minister Holguin called a “positive, frank and realistic” exchange, but there was no agreement to reopen the border.

Maduro’s objectives seem to go far beyond stemming border violence.  Two reputable polls put his popularity in the lower 20s and project the opposition as likely to win a Congressional majority in the December 6 legislative elections.  His Chavista political movement is bleeding supporters amid a mounting economic crisis. Skyrocketing inflation and acute shortages of basic goods and services have created daily hardships for the popular sectors that once served as Chavismo’s base.  The opposition coalition Mesa de Unidad Democrática called the state of emergency a diversionary tactic – “to cause a situation of intense conflict and internal confusion” – and claimed that the maneuvering shows Maduro fears the election and may suspend it.  The state of emergency in Táchira, which is a renewable in 60 days, restricts the right to public assembly and gives Maduro powers to seize assets and limit the sale of basic goods and services.  The value of the annual illegal border trade is estimated to have grown to roughly $5 billion.  The order may become a mechanism for intensifying government controls over industry, which Maduro regularly accuses of waging war against the government.

Maduro’s political objectives in declaring the state of exception are obvious to reset the political agenda in line with a government narrative of external threats.  This security rationale appears greatly exaggerated, suggesting he’s more interested in scapegoating Colombia for the sorry state of affairs in Táchira than in sparking a diversionary armed conflict.  He also recently escalated an historic border dispute on his eastern flank with Guyana after Exxon discovered oil in Guyanese territory claimed by Venezuela.  So far, Maduros actions have not seemed to threaten the soft truce between Washington and Caracas, which has led to a toning down of mutual recriminations.  Over the weekend, the U.S. State Department issued a mild statement that noted “continuing concern about the situation along the border between Venezuela and Colombia,” although Washington did take him to task for the deportations.  The real implications of the emergency decree are internal to Venezuela. Maduro’s state of emergency not only raises human rights concerns in the affected territories; it suggests the specter that the government will resort to increasingly desperate measures to maintain control as its credibility, like the economy, collapses.

August 31, 2015

* Michael McCarthy is a Research Fellow with the Center for Latin American and Latino Studies.

Colombia’s Peace Talks: Back from the Brink

By Aaron T. Bell

"Colombia somos todos/We are all Colombia" Photo Credit: Juan Carlos Pachón / Flickr / Creative Commons

“Colombia somos todos/We are all Colombia” Photo Credit: Juan Carlos Pachón / Flickr / Creative Commons

Peace negotiations are back on track in Colombia – for now – after renewed violence put years of progress at risk.  The unilateral cease-fire declared by the FARC last December survived the Colombian military’s continued prosecution of the war for several months, including the killing in March of José David Suarez, the head of the wealthy (and drug-trade-affiliated) 57th Front.  But it was proven unsustainable after a guerrilla attack in April killed eleven soldiers, and Colombian military aerial bombardment of FARC camps in May killed 40 guerrillas, including two who had participated in the peace negotiations in Havana.  The FARC formally revoked its cease-fire and resumed attacks on military and energy infrastructure targets, making June the most active month of the FARC insurgency since negotiations began two and a half years ago.  At the urging of international supporters of the peace process, however, the FARC will implement a new unilateral cease-fire this week.  President Santos stated that the Colombian military will de-escalate as well, but – responding to polls by Gallup and Datexco reflecting public skepticism that a negotiated settlement is possible – he has also pledged to review the situation in four months and decide whether to continue negotiations.  While Santos has appointed a new Defense Minister whose public statements and record as a member of the government negotiating team indicate support for the peace talks, the President has also shaken up the military high command, promoting combat-experienced hawkish officers as commanders.

A renewed sense of urgency among negotiators appears to be emerging.  Both sides have agreed to put all of the pending issues – disarmament and demobilization, compensation for victims, and transitional justice – on the table, rather than deal with them one at a time.  This comes after several positive steps during the hiatus in talks:

  • In late May, while airstrikes on guerrilla camps were resuming, units of the FARC and the Colombian military collaborated in several operations to remove land mines. Colombia is the second most deadly country for land mines, behind only Afghanistan, with over 2,000 people killed and another 11,000 maimed since 1990.  A video on the web last week provided a dramatic example of the need for such measures – a Blackhawk helicopter exploding after landing in a minefield last month.
  • On June 4 negotiators agreed on the makeup of a post-accord Truth Commission. Eleven members will have three years to identify collective (rather than individual) responsibility for abuses.  It will have no mandate to recommend or impose punishment, leaving that instead for an as yet to be agreed upon transitional justice tribunal.
  • Both the FARC and coca growers have called on the government to begin implementing the preliminary agreement on the illicit drug trade, including crop substitution and voluntary eradication. (Recent reports from the United Nations Office on Drugs and Crime and the White House Office on National Drug Control Policy, which use different raw numbers and data-gathering methodologies, show that coca production in Colombia rose significantly in 2014.)  Even though, as InsightCrime has noted, the initiative will be hindered by the lack of a bilateral cease-fire and firm plans for demobilization, it’s a positive step.

Despite the skepticism implicit in the review it will make in four months, the Santos administration appears to be inching toward the bilateral cease-fire that the FARC has long called for.  The government formerly insisted that a bilateral cease-fire would only take place after accords were signed, but has said it would consider one so long as it is “serious, bilateral, definitive and verifiable.”  On the other side of the table, the FARC shows some sign of bending on the thorny matter of transitional justice.  After adamantly opposing jail time for its leaders, FARC negotiators say they will consider some form of confinement for a reduced time period so long as military officials and civilian supporters of right-wing paramilitaries face similar standards of justice.  This may be difficult to swallow for a Colombian military whose culpability in war crimes is bubbling to the surface, such as in a recent report by Human Rights Watch on the extrajudicial killing of thousands of civilians.  The ever-present threat of military opposition to a negotiated accord, coupled with rising public skepticism, suggest the time to make concrete progress toward an accord is now.  The window will not stay open long.

July 21, 2015

Colombia’s Peace Talks: The End of the Beginning

By Aaron T. Bell

Americas Quarterly / Flickr / CC BY-NC 2.0

Americas Quarterly / Flickr / CC BY-NC 2.0

Recent events suggest that, as peace talks between the Colombian government and the FARC guerrillas resume in Cuba later this month, substantial progress toward an agreement is at hand.  Talks were suspended in November when a Colombian general and two lawyers were kidnapped under circumstances that remain unclear, but cooler heads prevailed and the three were quickly released.  The FARC announced an indefinite unilateral cease-fire in late December and, in the first such act taken by either side, acknowledged their responsibility for a 2002 civilian massacre in the town of Bojayá and asked for forgiveness from victims.  President Juan Manuel Santos has been reluctant to ease military pressure on the guerrillas, but the FARC’s show of good faith led him to call on government negotiators last week to prioritize the arrangement of a bilateral cease-fire.  Santos has encouraged negotiators to accelerate talks so that a public referendum on the peace accords can be held concurrent with October’s local elections.

A final agreement may still be several months off as negotiators work through the complexities of victim compensation and a transitional justice system, but the effects of negotiations are already being felt in Colombia.  Observers from the Centro de Recursos para el Análisis de Conflictos reported the lowest level of violence related to the armed conflict in 30 years during the first three weeks of the FARC’s cease-fire. This news was complemented by reports that Colombia’s murder rate hit a 30-year low in 2014, thanks in part to truces brokered among the country’s largest criminal gangs.  The success of the government’s negotiations with the FARC appears to be spilling over into the armed conflict with the ELN guerrillas as well.  At the beginning of 2015 the ELN announced willingness to enter into peace talks like those with the FARC, and they strongly implied that such talks would lead them to lay down their arms.  A six-point agenda for negotiations was publicly announced this past weekend, and a cease-fire may not be far behind.  In economic terms, an end to insurgent violence may spell much-needed relief for Colombia’s oil industry, a frequent target for guerrilla sabotage over the years, which is now reeling from falling oil prices.  Negotiations have also procured European political and financial support for Colombia.  Beginning this month, the European Union will begin funding a five-year, $86 million program to bolster small-scale producers and reduce rural inequality, and other potential funding may result from a European tour by Santos last fall.  Germany pledged $95 million in loans to follow peace agreements, and the EU and several member nations pledged funding for post-conflict reconstruction projects.

While the Santos government and the FARC appear to be entering the endgame of peace negotiations, the process of resolving the underlying conditions that have fueled decades of conflict in Colombia will be long and difficult.  The FARC was unhappy with the government’s unilateral decision to implement a peace referendum, preferring instead a constituent assembly that would give greater representation to traditionally marginalized groups in Colombian society.  Political inclusion is a substantial concern given both Colombia’s history and the attitude of right-wing opponents of negotiations.  Among the groups gearing up for a substantial run in the October elections is the Centro Democrático, the party of former president Álvaro Uribe, which took Santos to a second round of voting in last summer’s presidential elections.  Uribe claimed recently that the FARC – with Santos’s support – is using the threat of terrorism and the allure of peace to take power through elections in 2018 and even eventually establish a “totalitarian government.”  Land reform is another major concern.  Skewed land distribution has traditionally been a major source of social unrest and has worsened over the last 50 years of fighting.  Amnesty International and Oxfam have identified serious obstacles to resolving the problem and it will be difficult to ensure that large multinationals won’t benefit disproportionately from redistribution schemes.  The government and the guerrillas both deserve praise for their progress, but winning a lasting peace will require continued cooperation in reforming an ingrained system of inequality and exclusion.

January 20, 2015

Colombia’s Peace Talks: One Step at a Time

By Aaron T. Bell

Number 10 / Flickr / CC BY-NC 2.0

Number 10 / Flickr / CC BY-NC 2.0

The peace talks in Havana between the Colombian government and the FARC guerrillas have continued to show slow but steady progress since President Juan Manuel Santos, who has staked considerable political capital on ending the 50-year conflict, began his second term three months ago.  Two years of negotiations have produced preliminary agreements on agricultural development, political participation, and resolving the illicit drug trade.  In August, negotiators turned their attention to compensating victims of the conflict, while a sub-commission staffed by top military figures from both sides has been developing recommendations for implementing a bilateral ceasefire and disarming combatants.  A recent ruling by the Constitutional Court has paved the way for the government to hold a public referendum on the peace accords once a final agreement between the two sides has been reached.

The challenges facing the successful negotiation and implementation of peace accords are significant.  At home, former president Álvaro Uribe and his allies continue to harangue President Santos, accusing the government of showing too much leniency in negotiations and most recently denouncing the participation in Havana of the FARC commanders accused of human rights abuses as an affront to their victims. Santos clashed publicly with the Inspector General (procurador general) as well after the President secretly approved trips to Cuba by the FARC’s leader, “Timochenko.”  For its part, the FARC has expressed reservations over immediate disarmament, still haunted by the deaths of thousands of members of its mid-1980s political party.  Also at issue is the fate of those guerrilla leaders who face active arrest warrants or have been tried in absentia for humans right abuses; the FARC has adamantly resisted the possibility of jail time for its members.  The government is also concerned that 10-20 percent of the FARC members will shift loyalties to organized criminal gangs after the war ends.  Severing ties between drug trafficking and the FARC supporters will require, among other things, a serious commitment to rural development to foster social inclusion for farmers who rely on coca plants for their livelihood.

In spite of these challenges, both sides have displayed a serious commitment to negotiating an end to decades of war.  The FARC has used past ceasefires to rebuild and organize its military strength, hence the government’s delay this time in negotiating an end to hostilities.  But attacks on infrastructure and security services are down from 2013, and members of the FARC have by and large respected several self-imposed ceasefires announced by the central command, most recently during this summer’s elections.  Santos has gone out on a limb by allowing wanted criminals to travel to the negotiations, but that decision is consistent with other policies.  When war crimes victims were invited to tell their stories to negotiators, Santos brushed outside critics and ensured that victims of the FARC, state, and paramilitaries were all equally represented.  Public support for the peace process looked shaky in September but has rebounded, as new polls from Gallup released last week shows over 60 percent of Colombians favor talks.  The government public release in early October of the preliminary agreements appears to have helped, silence critics who accused the government of selling out to guerrilla demands behind closed doors.  There is still considerable work to do in reaching an agreement, selling it to the public, then putting it into practice, and public support may waver if the process drags on into next year.  But, the environment has never looked as favorable for peace in Colombia as it does today.

November 13, 2014

Historic August for LGBT Rights in Colombia

By Juliana Martínez

Colombia Diversa / Flickr / Creative Commons Attribution-NonCommercial-ShareAlike 2.0 Generic (CC BY-NC-SA 2.0)

Colombia has again shown itself to be a country of contrasts – a society ostensibly ruled by Catholic and conservative morals with one of the hemisphere’s most progressive Constitutional Courts – with two important legal decisions on LGBT rights.  The Court has defended the democratic, pluralistic, and inclusive spirit of the Colombian Constitution against powerful authoritarian and conservative forces for years.  In 2007 and 2008, it granted pension, social security, and property rights to registered same-sex couples, and it ruled that same-sex couples “constitute a family” in 2011.  In spite of some recent rulings tarnishing its liberal record, last month the Court made two decisions that, though limited, have historic implications.

  • It ruled in favor of step-child adoptions by gay couples.  After much political, legal, and even religious debate, the Court broke a four-year silence on the highly contested issue, ruling 6 to 3 that Verónica Botero could legally adopt the biological children of her wife, Anna Leiderman.  The ruling does not explicitly allow joint adoption by gay couples, but the decision cites ample scientific evidence and declares that parental homosexuality cannot be considered a risk factor for children, thus leaving the door open for further LGBT-friendly jurisprudence in the matter.
  • The court recognized the gender identity of trans women by declaring that they do not have to comply with the compulsory military service required of all Colombian males.  The case centered on Gracy Kelly Bermúdez, a transgender woman who filed a lawsuit against the mayor’s office in Bogotá when she was denied a job for failing to provide proof of her military service.  Bermudez had not entered the military because she identifies as a woman, and therefore did not have the Military Service Registration Certificate (libreta militar) required when applying for jobs, studying at the university level or accessing health care services.  She would have been exempted if she had undergone an official sex change – the right to change one’s sex has been protected in Colombia since 1993 – but this can only be legally done after undergoing sex realignment surgery, a procedure that most trans women do not have access to, cannot afford, or do not want.  Therefore, despite their gender identity and expression, the legal sex of the majority of trans women continues to be “male.”  The Court decided in favor of Bermúdez and ordered the mayor’s office to hire her immediately.

These decisions are far-reaching.  In the Bermúdez case, the Court was essentially prioritizing gender identity over assigned sex at birth.  It declared that asking trans women for the Military Service Registration Certificate when hiring them is unconstitutional because it violates their right to define their own gender.  Furthermore, the Court told Congress to draft a bill that regulates the rights of transgender people in Colombia, paving the way for a much-needed Gender Identity Law.  The ruling also has deep regional implications.  Since Argentina passed a groundbreaking Gender Identity Law in 2012, many countries have been struggling to achieve similar results – and the Colombian legal precedent can become a viable alternative for impact litigation.  Currently, at least ten countries in Latin America have compulsory military service with different levels of enforcement attached to non-compliance.  But as the Bermúdez case illustrates, military conscription mandates can turn into strange, yet effective platforms to denounce how the state routinely imposes gender identity on its citizens, often against their own will, and to catalyze legal reform that advances LGBT rights in the Americas.

* Dr. Juliana Martínez teaches gender and sexuality and Latin American Literature in the Department of World Languages and Cultures at American University.

September 25, 2014

Colombia: Four More Years for Santos

By Eric Hershberg

Photo Credit: eltiempo.com / Foter / Creative Commons Attribution-NonCommercial-ShareAlike 2.0 Generic (CC BY-NC-SA 2.0)

Photo Credit: eltiempo.com / Foter / Creative Commons Attribution-NonCommercial-ShareAlike 2.0 Generic (CC BY-NC-SA 2.0)

Incumbent center-right president Juan Manuel Santos emerged triumphant from yesterday’s second round of presidential balloting in Colombia – giving momentum to his peace talks with the FARC and his efforts to continue improving the country’s democracy.  He defeated challenger Oscar Iván Zuluaga, of the rightwing Union of the Democratic Center, which is led by former President Álvaro Uribe, a polarizing figure remembered in Washington as George W. Bush’s favorite Latin American leader.  Santos prevailed by a clear margin of five percentage points, and Colombia’s technically impeccable vote-counting process virtually ensures that the outcome will not be disputed.  The turnout of 2.4 million additional voters yesterday reduced voter abstention from 60 percent in the first round to a still-worrisome 52 percent.  Regional divisions among the electorate were striking: in some areas long plagued by Colombia’s civil conflict, the President won overwhelmingly, and he achieved substantial gains in Bogota, winning a strong majority, thanks in large measure to the endorsement of leading leftist politicians.  By contrast, in the central and southern parts of the country, particularly in Antioquia, the bastion of Uribismo, the opposition candidate garnered nearly two thirds of the vote.

The candidates’ campaigns focused on the polarizing issue of peace talks with the Revolutionary Armed Forces of Colombia (FARC), which Santos launched early in his administration and have proceeded slowly but steadily in Havana.  The President sought a second term in order to complete the negotiations and end a conflict that some estimate has taken more than 200,000 lives and caused devastating human and material damage over the past half century.  By contrast, Zuluaga, taking his cue from his mentor and chief advocate Uribe – who had spent Santos’ first term and virtually all of the campaign vilifying the President as a traitor for having launched the talks – changed approach in the second round and suggested that he, too, sought peace but would impose far more stringent preconditions before talks.  Most commentators viewed his shift as suggesting a return to the Uribe-era policy of crushing the insurgency before speaking with it.  Ironically, polls showed an electorate that was barely interested in the talks and far more concerned with other issues as elsewhere in Latin America: citizen security, unemployment and public services (such as health, education and transportation) were at the forefront of voters’ concerns.  On these fronts the two candidates offered little to distinguish themselves from one another.  Further assessments of the voting data will indicate whether this may account for low voter participation in an election that outsiders perceived as momentous.

While commentary in Washington and abroad has focused on the implications of the election for the peace process, the longer term consequences may lie elsewhere, particularly in the robustness of Colombia’s democratic institutions.  We will never know the extent to which Zuluaga would have been a pawn of Uribe, but suspicions were widespread that he was to the former President as Dmitry Medvedev was to Vladimir Putin.  Thus, beyond potential reversal of the negotiations for peace, a Zuluaga presidency might have entailed a return to authoritarian practices that had undermined Colombia’s democracy under Uribe and that Santos did much to rectify.  Although he is a staunchly establishment figure, Santos has advanced the spirit and letter of the 1991 Constitution, a progressive charter that emphasized separation of powers, rule of law, a strong and accountable judiciary, as well as minority representation and unwavering respect for human rights and accountability for abuses.  Santos also embodied a spirit of reasoned deliberation both at home and in matters abroad.  His pragmatic dealings with the often troublesome regime in neighboring Venezuela have been a far cry from the saber rattling that the rightwing authoritarian populist Uribe directed toward his similarly bombastic leftwing authoritarian counterpart Hugo Chávez.  Four more years of Santos may or may not produce tangible advances on the issues that seem to preoccupy the Colombian electorate – jobs, public safety and services – but they probably will ensure continued strengthening of democratic institutions and continued opportunities for Colombia to join with sensible governments elsewhere in the region to cooperate productively regarding Venezuela and other regional concerns. It may also pave the way towards a lasting peace and some degree of reconciliation for a country long plagued by civil war. 

Colombian President Santos’s Challenges Now … and Later

By Fulton Armstrong
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Colombian polls continue to give President Santos a comfortable margin in a second-round re-election victory, but the gap is closing – and an array of issues plaguing his campaign suggest serious challenges ahead for a second term.  The economy grew 4.3 percent last year, and optimism about future growth is so strong that the central bank is implementing measures to keep inflation under control.  The peace process with the FARC has been tedious – yielding agreements on only two of five main agenda items over 17 months of talks – but the fundamental drivers of the talks, including fatigue on both sides, remain strong.  But a number of political messes are swirling around the President:

  • The Army was caught red-handed spying on Santos’s top advisors in the FARC negotiations, suggesting disloyalty to him as Commander in Chief.  (The intercept center that police last week [6 May] raided was not the Army’s.  It was staffed by contractors reporting to the Centro Democrático, the party of former President Uribe and Santo’s leading rival in the election, Óscar Iván Zuluaga.)
  • Uribe, who in March won a seat in the Colombian Senate, has been a relentless critic and drawn Santos into public spats.  Santos recently called on the former President to “stop causing the country harm” and to stop politicizing the Armed Forces.
  • An agricultural strike launched in late April has revived memories of a nasty confrontation last year and threatens food supplies in the run-up to the election.  Santos has mobilized police and military assets to keep highways open, but a political solution has eluded him.
  • In late April, the courts forced Santos to reinstate Bogotá mayor Gustavo Petro, whom he had removed a month earlier because the nation’s inspector general, an Uribe partisan, found that the mayor’s decision to cancel private garbage-collection contracts did not follow proper procedure.  Santos had gone ahead with the firing over the objections of a unanimous Inter-American Human Rights Commission.
  • Santos’s political message has been off target.  He has made the peace talks his top priority and proclaimed that “the second term will be about peace,” but polls indicate that only 5 percent of voters say the peace process is their top concern.

If the polls are correct, Colombians voting in the first round on May 25 and second round on June 15 feel little enthusiasm for Santos, but even less for Zuluaga and Uribe’s party.  A recent surge in support for former Bogota mayor Enrique Peñalosa suggests, on the other hand, that voters could turn on both candidates.  Behind the numbers is a country eager to consolidate its democracy, maintain stability and – probably – end the 50-year insurgency.  But the red flags – such as the security service’s continued penchant for spying on government officials – are not inconsequential.  Santos, who was Defense Minister during Uribe’s presidency, should have earned the military’s confidence, will have to decide how far to push the military to respect democratically elected civilian leadership.  The farmers’ demands, including relief from low-priced, low-quality imports facilitated by Colombia’s free trade agreements, will also be difficult to satisfy.  A peace deal with the FARC will be an historic achievement, but the political reality is probably that any assistance to demobilized combatants will be minuscule compared to that given to the former paramilitaries – increasing the likelihood that ex-insurgents, like the paramilitaries, will join the bandas criminales (BACRIM) who continue to maraud throughout large swaths of the country.  Santos’s second term, should he win one, will not be easy.