Colombia’s Peace Accord and the Prospects of the War System

By Nazih Richani*

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A FARC demobilization zone is visited by the UN Security Council Field Mission. / UK Mission to the UN / Lorey Campese / Flickr / Creative Commons

The Colombian peace accord has achieved another historic landmark, but the process has been anything but easy – and continues to face serious impediments.  The Revolutionary Armed Forces of Colombia (FARC) have deposited 60 percent of their weapons in UN containers to be destroyed, a watershed in the history of Colombia, as the 53-year-old insurgent group enters a new phase.  A coalition of political and social groups, however, continues efforts to stymie implementation of the accord.  It includes large landowners, cattle ranchers, agribusinesses, ultra-right religious groups, and extractive multinational corporations.  Its leading spokesmen are former President Álvaro Uribe and former Attorney General Alejandro Ordóñez, who are spearheading a vigorous campaign arguing that President Juan Manuel Santos and his government conceded too much to the FARC, compromising private property rights, the prevailing land-tenure system, and the country’s Christian values.  (The official line of the Colombian Catholic Church, which has strongly conservative factions, has been “neutral” on the peace accord, although Pope Francis has expressed strong support for it.)

These forces have flexed their muscles before.  They were instrumental in mobilizing opposition to the referendum on the accord last October, which forced the government to incorporate their demands by making the language of the accord clear that property rights and the agribusiness-extractive-rentier economic model remained dominant.  The opposition remains on the offensive, this time using the Public Prosecutor’s Office and the Constitutional Court.  While Public Prosecutor Nestor Humberto Martínez was going after FARC money, alleging that the rebels did not declare all their assets, the Constitutional Court challenged the “Fast-Track” process by which passage of bills related to implementation of the peace accord could be accelerated by reducing the number of parliamentary debates and the time required for approval.  This opened the door for the opposition coalition in parliament to challenge the accord repeatedly with protracted debate and amendments.  Its main goal has been to prevent any change in the rural land tenure system and block the inclusion of the FARC in the political process.

The opponents’ ability to tip the political balance against the accord is likely to grow as Colombia prepares for its presidential election in May 2018.  The Santos government, the left, and center-left have already looked weak while trying to make even modest reforms necessary to create conditions for a lasting peace and facilitating a transition from a war system political economy to a different one.  The paramilitaries, including old groups that remained operative after the formal demobilization of 2005-06 (such as the “Urabeños,” mutated from the former United-Defense Forces, AUC); the drug cartels and organized crime; the dramatic expansion of coca plantations; and mining of dubious legality are important components of the “old” war system that are still potent and fuel the reactionary coalition.  The exit of the FARC (and possibly the National Liberation Army, ELN, as well) are certain to change the composition and political economy of the war system that has shaped Colombia for more than four decades, but new actors (the Urabeños and others) are emerging and mutations are taking place.  These forces will persist and wield considerable power as long as Colombia is not willing or capable of addressing the countrys need for agrarian reforms and pursuing sustainable economic development based on a more equitable distribution of wealth and income.

June 27, 2017

* 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: 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