Category Archives: Colombia

The Ghosts of War & Questions of Peace

I could not sleep last night. I edited this post throughout the day but wrote it in the middle of the night, unable to sleep without first writing something. I was truly struck, dumbfounded, by the news that both the government of Colombia and the self-styled Revolutionary Armed Forces of Colombia  (FARC) are asking the UN and the CELAC to help monitor a bilateral ceasefire and a definitive end to hostilities. 

 

The news itself is not shocking – the peace process in Havana between the insurgents and the government has resulted in periodical historical breakthroughs (a deal on transitional justice, unprecedented participation of various victims’ groups in a peace process, etc). However, the location of this event within the 51 year history of war between the FARC and the State gave me pause.

 

For the first time in a generation, the dream of peace with Colombia’s most important rebel group is no longer a fantasy, but a tangible, realistic possibility. Many Colombians, including myself, would honestly never thought they would live to see this. Too many have not. Perhaps Colombia is starting to deal with its figurative ghosts.

 

I offer some reflections on the history that is being made here, on the war. For Colombians, one’s social location defines one’s relationship to the armed conflict, and I write this from the relative comfort of the Global North; part of my privilege is that the war is fortunately not a lived reality for me, it’s not an inescapable totality ending or interrupting life but glimpses of a brutal phenomenon in a distant supposed “homeland” to be escaped by merely putting down the book, putting back the letter, clicking past the headline, or turning off the television. Indeed, reflecting on the precarity of other lives in this war is a luxury testifying to my privilege produced by the very same violence.

 

A final caveat – I cannot and hope not to speak to our personal ghosts of this war. The spirits, memories, hauntings, denials, or our personal stories of war, or our connections to victims, perpetrators, and everyone in between must be respected; collective processes of attempting to reconcile with a history of brutality cannot coerce, erase, or appropriate personal narratives. I want to address collective ghosts, if we can speak of such a thing.

 

My thoughts on this moment in – and making – history.

 

Gabriel Garcia Marquez ended his Nobel masterpiece with this:

 

“[Races] condemned to one hundred years of solitude did not have a second opportunity on earth”.

 

This passage marked me; haunted me. It made me think, uncritically and pessimistically (as One Hundred Years is all about pessimism) that perhaps Colombia was condemned to war. From the genocide of the Indigenous peoples in the Spanish Conquests, the enslavement of hundreds of thousands of Africans brought to work in Colombia’s mines, the wars for the word (but not the true condition) of “independence”, and the later conflicts between various ruling parties (depicted in Colombia’s most well-known book) to the conflicts of the present, for the last 500 years, violence has been the norm and peace has been the exception. Peace has been an interruption.

 

Now peace with the most important insurgency in the country is within reach. A momentum is building behind peace that will hopefully make for a significant interruption.

 

It’s hard to say what “peace” is or what it can or will be. It is something that will have to be struggled, defended, questioned, and collectively built. However, it is clear to me what peace with this rebel group will not be.
Peace with the FARC will not mean justice for the over 7 million victims of Colombia’s internal conflict. It will probably not give new opportunities to the young rebels who were raised on waging war. It will not bring back the dead, the disappeared, or return the land to the dispossessed. It will not restore the ties of Afro-descendent/Black and Indigenous peoples to ancestral lands that have been severed by the conflict. It will not heal the injured or the maimed. It will not bring back the years lost for those kidnapped by the rebels. It will not bring truth, or any kind of agreement on what actually took place during the war. It will not mean peace with the other major insurgency, the National Liberation Army (ELN). It will not mean peace with the drug cartels, nor peace with the paramilitaries/private armies of landed elites that displace peasants. It will not mean an end to the “Dirty War” of selective killings of labour union leaders, community leaders, dissidents, or activists; most of the nation will only come to know its  leaders through reports of their deaths, and not engagements with their lives. It will not mean peace with the violences of inequality, economic exploitation, nor land dispossession by the multinationals. It will not end Colombia’s rampant classist, sexist, racist, transphobic and homophobic violences. It will not bring true democracy. And despite the undoubted prominence to come of this term if an agreement is reached, it will not bring reconciliation, and we will not all forgive each others’ atrocities.

 

 

A Colombia at peace with the FARC will only be a utopia in the marketing materials of the government to tourists and foreign investors.

 

Peace is not an answer. It may not even be an attainable or definable condition. However, if war has been the permanent answer that Colombia has had to many of its ills, peace can be an interrupting question.

 

Maybe – just maybe – some communities can – for the first time in over half a century – not wake up to another day of the horrors of of a conflict in which both sides wage war against them, and no side fights for them. For some communities, perhaps machine gun fire can abandon the soundscape, letting private whispers demanding justice to be cried out in plazas. Perhaps, for some, sophisticated American smart bombs and crude rebel landmines can stop dismembering bodies and communities. Perhaps womens’ bodies will no longer be soldiers’ spoils of war, objects attached to conquered territory. Perhaps “To Disappear” will be a verb with less currency in the popular lexicon. Perhaps some will no longer have to obey the gaze of the rifles. Perhaps, for some, declared neutrality or suspected partisanship will no longer invite destruction.

 

Perhaps the magnitude of risking one’s life will no longer be a spectre on the minutiae of necessary daily movements. Perhaps emptying territories of soldiers and rebels will allow communities to create ‘geographies without terror’. Perhaps some of the calm felt in the cities’ shopping malls and country clubs can leap through the social chasm to ‘The Other Colombia’, to the overexploited ruralities who have experienced the waves of massacres, bombings, extrajudicial killings, forced disappearances, militarized sexual violences forgotten or denied by the urban elite. Perhaps the urban elite can stop ‘discovering’ their own national geography by news of the most recent massacre in an otherwise forgotten and nameless small rural town. Perhaps we can begin to not only remember, but begin to know  these places by their names and complexities beyond the abjectivity of their tragedies. Perhaps comforting national narratives can be shaken by the impossibility of writing this history of war, perhaps – appropriately – history can become difficult to tell.

 

Maybe – just maybe – the entire country can follow the lead of many courageous movements and communities in the interminable work of demanding justice, of speaking of and to the unspeakable horrors, of confronting the incredibly present spectres of a past haunted by violence. Perhaps we can begin to engage our national ghosts. We may never exorcise all of them completely – nor should we; as memory can be act of resistance, and amnesia can dehumanize. But perhaps we can begin to learn how to live with our national ghosts, how to allow them to live with us. It will never be complete.

 

The armed conflict is irreducible to narratives, it is an extremely complex condition, however, these help motivate it. The war has not only produced hauntings, it has been produced by them.

 

Slavoj Zizek says that all revolutions attempt to redeem the ghosts of past failed revolutions.

 

The Marxist FARC insurgency has been haunted by the ghosts of dispossessed peasants and a repressed Left in the 40s. This spirit has been nourished by later State repression. The rebels’ religion of a people’s revolution against the owners and exploiters would be corrupted by the demons of drug trafficking, kidnapping,  human rights abuses, becoming more arrogant, and turning against the population they claimed to represent.

 

The State’s counter-insurgency is also motivated by spectres from Colombia, and from other lands. For Colombia’s patron, the United States, the spectre of another Cuban or Sandinista Revolution in “its backyard” is terrifying, abhorrent, unacceptable and impermissible. This spectre has gripped Bogota and Washington into a deep obsession: the aspirations of alternatives to their social orders were systematically disciplined by attacking the bodies who hold them. Rallying cries for change were muted by the roar of repression, imposing silences of terror. These suspicions continue today.

 

The peace process is trying to purge Colombia of these spirits. However, if they remain on the land, hungry enough, being able to feed on something, they may still haunt the future.

 

Therefore, perhaps this peace is an illusion; a disguise for a new war which is not yet visible. Maybe the foundational violences of colonialism and/or the social stratification of Colombian society will produce new militarized social, political or criminal conflicts. It could be that certain ghosts are not ready to be laid to rest. Perhaps Marquez is right about our condemnation to history.

 

As the great American street poet Tupac Shakur once said:

 

“We can’t have peace until we all get a piece”.

 

As they say, only time will tell. Hopefully the future will answer some of the questions of the past…(or better yet, question some of its answers).

 

Let me end by coming full circle with Gabo Marquez: One of the turning points in One Hundred Years of Solitude is the Banana Workers Massacre. This was an actual massacre that was perpetrated against a labour action by workers of the United Fruit Company in Colombia and between 3 and 3,000 people were killed in 1929. It is emblematic of a larger history  in Colombia of repressing organized labour through murder for the interests and designs of (usually foreign) capital. In Marquez’ fiction, only one member of the community knows about the massacre – everyone else in Macondo is told by the authorities that nothing happened. No one believes the survivor. Marquez himself has said that “perhaps only 3 or 4 people died”. Was it 3, or 3,000? Again, Marquez’s genius has much to teach the Colombian peace process. If war is a contest of soldiers, peace will be a contest of surviving memories. We may never have answers for our ghosts.

 

And like the silence in Macondo of the massacre, perhaps some stories will remain too true to tell………

 

 

 

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Filed under Colombia, English, Transitional Justice/Justicia Transicional

Environmental Crisis in Casanare- 20,000 animals dead; What caused it?

Since last week, dryness in Colombia’s eastern Casanare state have resulted in the environmental devastation and the death of over 20,000 animals, mostly chiguiros, alligators, cows/cattle, pigs, turtles, deer, fish and birds. The crisis has centred around northern Casanare in the municpality of Paz de Ariporo.

chiguiros in Casanare. Photo credit: RCN La Radio.

The environmental crisis in Casanare has hit a nerve in the Colombian media and in social media networks. Generally, the crisis has been attributed to varying degrees to land use and climate change, although there is controversy about what actors bear what responsibility. Here  is a brief overview of what is being said and by whom.

According to local authorities, the crisis has killed off almost 10% of the animals in the region. There hasn’t been any rainfall in the savanna since December. Some environmentalists have attributed the crisis to cattle-ranching activities, others to the exploitation of oil in the region; the National Entrepreneurs Association (ANDI) President Bruce Mac Master says that climate change, and not oil companies,  is the culprit.

Whereas government environmental agency, the IDEAM, is saying that is is a ‘normal’ part of the dry season, environmentalists Wilder Burgos and Leon Paz says that usually the dry season leaves some water, and that this is unprecedented.

The Colombian Minister of Mines and Energy, Amylkar Acosta Medina, says that its would be premature to blame oil companies; Acosta said that the main agent here is the State, and he reminded that there are other activities in the region which leave a significant environmental footprint such as agribusiness (particularly Palm Oil cultivation). Acosta defended the presence of oil companies in the region, arguing that oil extraction can actually help the water supply as “for each barrel of crude that is extracted, approximately 10 barrels of water are being extracted”.  

Acosta also mentioned that should an extractive project threaten an aquifer or a zone of “hydric re-charge”, it would be protected by the Ministry of the Environment.

The Minister of the Environment, Luz Helena Sarmiento, for her part, attributed the crisis to an overexploitation of the land (particularly agriculture and large-scale cattle-ranching), a lack of care towards water deposits, and local climate change. Breaking from Acosta, Sarmiento mentioned that oil exploitation “may be” also having an impact.

The President of Colombian Petroleum Association (la Asociación Colombiana del Petróleo), Alejandro Martínez, said that given the “industry standards” there should not be an impact on bodies of water or their sources. Martínez also cited that the oil industry accounts for “only 0.35% of national water consumption”.

However, others are pointing fingers at the oil industry. According to Norbey Quevedo Hernández at El Espectador, since 1973 large-scale rice cultivators in Casanare switched to cattle-ranching/pastoralism due to the armed conflict, and an economic crisis related to contraband. In 1991, Quevedo tells us, oil deposits were found in Cusiana and Cupiagua, and the presence of oil companies followed, leading to significant environmental changes in the region. Citing the government’s Institute for Hydrology, Meteorology, and Enivronmental Studies, Quevedo argues that oil exploitation led to soil erosion due to deforestation.

Although the responsibility of oil companies is still in dispute, many sectors of the local population are attributing the environmental crisis to them.

It’s estimated that the crisis will take around 1 billion pesos (COL) to be properly addressed; oil companies in the region have promised to donate around 205 million. One Colombian lawyer has argued that companies should not have to take on the cost of the crisis at all, given how these are “speculations withou basis” to the claims that oil exploitation is contributing to the prolonged dry season. The Governor of Casanare, Marco Tulio Ruiz Riaño, called the companies collective offer “ridiculous” and countered that each company should pay 100 million. Representatives from the oil companies are apparently going to meet internally and offer a new proposal.

There is uncertainty around whether or not CORPORINOQUIA, the a local government agency, did the proper diligence in terms of planning to mitigate a potential emergency like this. The Minister of the Environment said that state agencies like Corporinoquia have been focusing solely on attending extractive companies in the region, and not on the stewardship of natural resources.

At the same time, an advisor to the Governor’s office in Casanare, Carina Rojas, has criticized the national Environmental Ministry for excessively giving out environmental licenses, that it has enabled deforestation, has insufficient controls, and is ignorant of what oil companies are investing in terms of compensation. Sarmiento has argued that there has been no excess in environmental licenses.

The Agustín Codazzi Geographic Institute (IGAC) has given five “sins” culpable for the crisis: excessive cattle-ranching, the lack of ground-water retention, oil exploitation activity, and the little productive resources of the soil/its acidic nature and low-fertile nature which has a delicate organic surface layer.

Several social and environmental activists have written to the UN and the Organization of American States, in which they attribute to the crisis to cattle-ranching and resource extraction in the region.

Finally, Carlos Victoria at Las2Orillas shares an interesting reflection on the crisis. Victoria asserts that the crisis is but one of many in Colombia, and a product of colonial and neo-colonial concepts of seeing the Earth as a “resource” to dominate, destroy, and profit off of. Victoria says that this logic of trade liberalization, and ‘globalization’, is a concept of development that benefits elites and is in the service of accumulating capital. Victoria also argues that the apolitical and “neutral” response from environmental sciences have only served to legitimate the government’s narrative around the Casanare crisis. He calls on them to no longer be “co-opted by neoliberalism” and to assume an ethical responsibility to the citizenry.

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Filed under Colombia, Contradictions, English, Land/Tierra, Uncategorized

Human Rights Watch alerts over humanitarian crisis in Buenaventura

Since the time of Alvaro Uribe Velez, where security was perceived to be improving, Colombia’s most important port, Buenaventura, has been plagued by violence from the army, drug trafficking groups, the guerrillas and the paramilitaries.

Buenaventura is Colombia’s economic gate to the Pacific and to Asia. It’s strategically vital for narcotrafficking groups to move drugs, and weapons, but also for Colombian and international designs around importing foreign goods and exporting Colombian resources to the world.

Buenaventura’s poverty, its invisibility and marginality are not only part of the institutionalized racism and classism of Colombian society or the armed conflict, but also an acute example of how the promise of “trade” and globalization has been empty for the people there. More needs to be explored on the confluence of drug trafficking, international trade, and structural and imposed poverty and violence in Buenaventura.

Nevertheless, bonaverenses are by no means helpless. As told by VerdadAbierta.com, over 30,000 people marched last month against violence in the city.

Only then did the President pay attention to the situation by visiting a few weeks ago.

Check out HRW’s press release and the video below which includes testimonies from local organizers resisting the violence.

This was originally published on HRW’s website on March 20, 2014.

“(Bogotá) – Paramilitary successor groups have abducted and disappeared scores, and possibly hundreds, of residents of the largely Afro-Colombian port of Buenaventura, Human Rights Watch said in a report and video released today. Thousands of residents have been fleeing their homes in the city each year, making Buenaventura the municipality with the highest level of ongoing forced displacement in Colombia today.

The 30-page report, “The Crisis in Buenaventura: Disappearances, Dismemberment, and Displacement in Colombia’s Main Pacific Port,” documents how many of the city’s neighborhoods are dominated by powerful criminal groups that commit widespread abuses, including abducting and dismembering people, sometimes while still alive, then dumping them in the sea. The groups maintain “chop-up houses” (casas de pique) where they slaughter victims, according to witnesses, residents, the local Catholic church, and some officials.

“The situation in Buenaventura is among the very worst we’ve seen in many years of working in Colombia and the region,” said José Miguel Vivanco, Americas director at Human Rights Watch. “Simply walking on the wrong street can get you abducted and dismembered, so it’s no surprise the residents are fleeing by the thousands.”

Paramilitary successor groups emerged in Buenaventura after the deeply flawed official demobilization of right-wing paramilitary organizations a decade ago. Currently, the Urabeños and the Empresa are the main successor groups operating in the port city. The groups restrict residents’ movement – attacking people if they cross invisible borders between areas controlled by rival factions – recruit children, extort businesses, and routinely engage in horrific acts of violence against anyone who defies their will.


More than 150 people who were reported to have gone missing in Buenaventura between January 2010 and December 2013 are presumed by officials to have been abducted and “disappeared,” twice as many as in any other municipality in Colombia. Interviews with authorities and residents, as well as official reports, strongly suggest that the actual number of people who have been abducted and killed by paramilitary successor groups in the city is significantly higher. One major cause of underreporting is the widespread fear of reprisals.

Buenaventura residents told Human Rights Watch that they had heard people scream and plead for mercy as they were being dismembered in “chop-up houses.” In March 2014, after criminal investigators found bloodstains in two suspected “chop-up houses,” the police announced the discovery of several locations in Buenaventura where victims had been dismembered alive.

“In Buenaventura, there are chop-up houses,” said Monsignor Héctor Epalza Quintero, the Catholic bishop of Buenaventura. “People say that in the middle of the night you can hear the screams of people saying ‘Don’t kill me! Don’t kill me! Don’t be evil!’ These people are basically being chopped up alive.”

In 2013, violence drove more than 19,000 people from their homes in Buenaventura, more than in any other municipality in the country, according to official numbers. Decades of violence and armed conflict have forced more than 5 million Colombians to flee their homes, giving the country the second largest population of internally displaced people in the world. Buenaventura also led all Colombian municipalities in the numbers of newly displaced people in 2011 and 2012. Displacement caused by Revolutionary Armed Forces of Colombia (FARC) guerrillas has also been a serious problem in Buenaventura’s less-populated rural areas, according to official numbers.

People living in parts of the city where the paramilitary successor groups have a strong grip reported that the police presence in their neighborhoods was scarce. Several residents reported witnessing members of the police meet with the successor group in their neighborhoods.

Prosecutors have opened more than 2,000 investigations into cases of “disappearances” and forced displacement in Buenaventura committed by a range of groups or individuals over the past two decades, but none has led to a conviction. No one had even been charged in 509 of the 512 investigations for which prosecutors provided Human Rights Watch information about the status of the investigation.

 

“There is a pervasive sense of defenselessness among Buenaventura residents, who have seen how the authorities continually fail to protect them from atrocities or bring to justice those responsible,” Vivanco said.

On March 6, after a regional police commander announced the discovery of several “chop-up sites” in Buenaventura, President Juan Manuel Santos said the government would intervene to address the city’s security problems. Along with increasing the presence of the security forces, President Santos promised to take measures to improve socio-economic conditions in the city.

Human Rights Watch outlined several steps the government should take to ensure the effectiveness of any intervention in Buenaventura. These include:

  • Maintain an uninterrupted police presence in neighborhoods were paramilitary successor groups are most active;
  • Establish an independent commission to evaluate the problem of “disappearances” in Buenaventura and develop a plan to curb the abuses and punish those responsible;
  • Create a special team of prosecutors exclusively tasked with investigating “disappearances” in Buenaventura; and
  • Vigorously investigate officials credibly alleged to have tolerated or colluded with paramilitary successor groups there.

“President Santos made an important commitment to address the human rights disaster in Buenaventura,” Vivanco said. “To be successful, the government needs to ensure accountability for abuses in Buenaventura, and dismantle the brutal paramilitary successor groups terrorizing the city.””

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Filed under Colombia, English, Land/Tierra, Paramilitarismo, Uncategorized

Who is and is not a ‘paramilitary’? Erasing the changing nature of Colombia’s conflicts over land

A few weeks ago, Al Jazeera English’s “Fault Lines” program recently ran an interesting 20-minute investigative piece on the struggles of community leaders with respect to the Land Restitution process, which raises some questions about whether or not paramilitarism continues, or has changed in Colombia.

colombia-ley-de-tierras “Land & Life”, photo credit: InfoLatAm

Some context The Paramilitary Demobilization & Contested Narratives.

Since the 1920s (and arguably, since the 16th century), disputes over who owns land, whether land can be ‘owned’, who gets to benefit off of the land, have been deeply influencing Colombia’s armed and social conflict.

Although the FARC, the ELN, drug cartels, and the army/all armed actors in Colombia have displaced people off of their land and terrorized communities in order to exert social and territorial control over them, right-wing paramilitary groups working often on behalf of narcotraffickers and large land owners have been particularly tied to the question of displacement. Colombia is said to have the highest number of internally displaced people in the world (the Norwegian Refugee Council puts it at 5.5 million, and this documentary puts it at around 6 million). This is not  even counting those who were displaced outside of Colombia. Many in Colombia say that throughout the war, as much as 10 million hectares have changed hands.

What’s interesting here is that many analyses concerning Colombia’s Land Restitution Law follow a common, and relatively accurate, narrative – Colombia’s land restitution process is at serious threat because of the continued threats by armed groups to community organizers leading land claims. However, the Al-Jazeera documentary probes deeper into the ideological and semantic questions of these threats, which arguably, are of tremendous significance to the political moment in which the land restitution process occurs.

Firstly, the confederation of right-wing paramilitary groups known as las Autodefensas Unidas de Colombia (AUC, or the United Self-Defense forces of Colombia) demobilized in 2003-6 in a highly-criticized process which some victim’s groups saw as a granting of impunity    Many of the middle-rung paramilitary leaders who demobilized under the law (and were not extradited to the United States on drug trafficking charges) will start to be released this year.

Thousands of the former paramilitaries granted legal benefits under the demobilization process with the previous government of Alvaro Uribe (2002-2010), re-armed into groups that have been characterized by the government and some analysts as “criminal bands” or BACRIM, or armed groups that are primarily focused on narcotrafficking, and not actors in the armed conflict.

In the documentary, a functionary of the national government says that the BACRIM are not paramilitaries, for example, because they do not engage in combat with the FARC or the ELN.

Others, such as opposition Congressman Ivan Cepeda have argued that the BACRIM are neo-paramilitaries, or a continuation of powerful interests defending themselves with private armies. What is undoubted is that the human costs of paramilitarism, and the tactics of repression, threats, and cruelty imposed by these groups on the civilian population are very similar to the ‘old’ paramilitaries and are devastating. It is important to note however that the ‘old’ paramilitaries in the 1990s committed many large, atrocious massacres, and these are much less common now, although the selective murders of activists continue at an alarming rate in Colombia. It’s also worth nothing that violence perpetrated by the neoparas/BACRIM accounts for the majority of forced displacement currently.

At the heart of the question is what is the ideological motivation (if any) behind these paramilitary successor groups – if they have, like the Castaños – a clear anti-subversive, right-wing and seemingly fascist ideological motivation, or if they are “merely” criminal groups or drug traffickers and pistols-for-hire for powerful landed interests. This raises some questions about history – one of Uribe’s main challenges in beginning negotiations with the AUC in the early 2000s was that to do so they needed to have legally recognized political status (which they did not). Moreover, some have argued that even the AUC did not necessarily have a coherent guiding ideology as many groups were the private armies of (seemingly apolitical) narcotraffickers. However, in relation to land, it is clear that the AUC did have a clear pro-business, pro-land owner and anti-dissident agenda.

“Neoparamilitarism” in the Current Political Moment – Moving toward “peace”?

SantosRestitucion President Juan Manuel Santos Calderon giving land titles in Mampujan, Cesar at a land restitution ceremony. Photo credit: Caracol.com.co

The important point here is the political interests behind this seemingly abstract distinction – if the they do have an ideological motivation, then perhaps the “neoparas” are a continuation of paramilitarism in Colombia, but if they are not, this validates the official discourse that paramilitarism in Colombia ended in 2006 with the demoblization of the AUC. Under this logic, which is the government narrative and is often reproduced in Colombian media, the only groups left to negotiate with for “peace” in Colombia are the guerrillas.

Within this narrative is the conjecture of the “historic” 2011 Victim’s and Land Restitution’s Law and the current peace talks with the FARC guerrillas in Havana. Both initiatives by the Santos government are aimed at ending Colombia’s conflict (although, a conflict defined in certain ways) and providing ‘reparations’ for “moving forward” or establishing a so-called “peace”.

Although the Victim’s Law is a useful tool and has some interesting mechanisms for Victim’s (such as a reverse-onus for land-owners accused of having ‘dirty’ land to prove that they obtained it legally), the law, as explained by the Al-Jazeera documentary, is actually quite tepid in how much land can be redistributed, and in how much time (the law stops after a decade, and the backlog on land claims is enormous). Furthermore, according to one interviewee, the law won’t touch the land of large companies or land-owners who have their paper work in order. In other words, the Victim’s Law is not an agrarian reform to respond to not only the violent, largely paramilitary and narco-trafficker-driven, counter-agrarian reform/displacement crisis of the last 30 years, but it also leaves out the historic question of land inequality in Colombia (rooted in colonialism). Finally, there are questions about whether those displaced by the BACRIM/neo-paras (as these aren’t deemed as political actors in the armed conflict) will be eligible for restitution.

Therefore, the political categorization of Colombia’s armed groups in institutional and political terms shapes conceptualizations of the conflict, and subsequently, divergences between how the state wants to frame the war (or ignore it) and how people experience it in human and material terms (killings of leaders continue, land isn’t given back).

Ideologically, the Colombian state, the international community, and particularly academia, seems to prioritize political violence (as this threatens the state, and is more “sexy”/associated with mass and sensationalized violence). Prioritizing this violence also prioritizes its victims. However, that begs the question – what is an armed conflict, what is political violence, and what does it matter? Arguably, Mexico is currently experiencing a brutal civil war.  Politics also currently colours the mass wave of violence in Venezuela, which in recent years has had some of the highest murder rates in the world.

It makes little senses to create a hierarchy of violences, and of  its’ victims, according to rigid and problematic intellectual definitions of an ‘armed conflict’ needing to have a certain relationship to discourses (groups needing explicit political goals) and to the state (protecting or challenging its monopoly on violence).

Kyle Johnson in a guest piece over at Colombia Reports on the “neo-paras” offers a much more useful conceptualization:

The political at its root is the capacity to make and implement decisions that define, normally limiting, the rules of the game in society by imposing restrictions and permissions on certain actions; it is looking to establish a social hierarchy and decide who resides where in that hierarchy; usually the rules and hierarchy are reinforced through coercion and selected benefits for certain sectors of the population. This definition is far from most arguments about what constitutes political positions, political interests, etc. It is derived from classical political theory and some sociological concepts on political power, and it should be noted that one does not need a clear, well-developed ideological project to have a political side.

…..

Given the incredible historical importance that land has played in establishing the position of people in the regional social hierarchy, and thus the economic, social and political power large landowners have, the threats and violence against those who are reclaiming their stolen land back are effectively defining the place of certain actors in that hierarchy. …

Additionally, these coercive actions indicate that looking to gain stolen land back is not permitted in the areas under Urabeños’ control.

So in the Colombian context (and many others) the contention that is politics is largely rooted in land, and therefore the BACRIM/neoparamilitaries are definitely political actors as they are trying to close political space for actors wanting to claim it, using a language of ‘cleansing’ that harks back to the days of the AUC.   They also  seem to be in favour of business interests and against activists/community leaders and progressive sectors.

By re-defining the nature of politics to be something broader than explicit ideology or threats to the state, and armed political conflict, or by not creating a hierarchy of victims, hopefully this would open more institutional spaces for victim’s to have access to memory, reparations, justice, and restitution on their terms. However, as things currently stand, questions of whether paramilitarism continues in Colombia are seemingly being ignored by the state and some sectors of the media in their language and characterization of paramilitary successor groups as ‘criminal bands’ disconnected from the past paramilitaries. What the thesis of ‘neoparamilitarism’ does is throw a wrench in the the assumptions behind the Land Restitution process, the peace process, and notions of transitional justice in Colombia : the Justice & Peace Law was not just an abject failure in providing justice, but it also provided no peace and no transition. At a local level, conflicts over land continue in the same nature as during the height of the war and paramilitarism/paramilitarism was not stopped by the demobilization.

Validating the official discourse – that paramilitaries are over, land is being given back, and soon, the guerrillas and the war in general will be history, erases not only the current lived experiences of people in regions like Jiguamiando and Curvarado and the Urabá region, but also more structural, historical, and political underpinnings of Colombia’s conflict (land inequality and the brutal repression of peaceful dissidence). It also erases how Colombian democracy was shockingly co-opted by paramilitary groups, and that the alliances between certain businesspeople, politicians, and armed groups who displace and threaten peasants, Afro-Colombians, popular sectors, and indigenous people are something that has been overcome.

In other words, at this course, violence against Colombia’s peasantry will long continue after the FARC give up their arms, but the victim’s of Colombia’s war will be even more invisible; the war will be further denied.
PS – The International Criminal Court is looking at one paramilitary group, the ‘Autodefensas Gaitanistas de Colombia’, popularly referred to as “Los Urabeños“.

Further reading: York University Professor Jasmin Hristov’s “Legalizing the Illegal: Paramilitarism in Colombia’s ‘Post-Paramilitary’ Era” is strongly recommended.

For another perspective, InsightAnalysis has a wealth of information on Colombia’s BACRIM.

At a local level, according to Ariel Avila,  it also seems that ‘parapolitics’, or alliances between neoparas/BACRIM are still occurring, reminiscent of the ‘parapolitica’ scandal that touched over a third of Congress, intelligence agencies, the military, and civil cervants.

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Filed under Colombia, Contradictions, English, Land/Tierra, Paramilitarismo, Transitional Justice/Justicia Transicional, War On Drugs, War On Terror

El Pais: Land Restitution in Colombia – Little land, much death.

Originally published in the Blog of El País, written by guest author Gerardo Vega Medina, director of the Forging Futures Foundation (Fundacion Forjando Futuros) on January 10, 2014. This is part of a thematic series on the concentration of land tenure in Colombia, and was originally posted in Spanish.

An interesting analysis but the Ley 1488/the Land Restitution & Victim’s Law of 2011, is by no means potentially the “best law in decades”; it is historic but the law is rife with problems, particularly to the limitations on who gets to be considered a “victim”, and the cap on the amount of land to be returned, and how the restitution process can go for no more than 10 years.

Nevertheless, the fact that so many land community leaders continue to be murdered show not only the difficulties of trying to provide reparations during a conflict, but that land concentration and paramilitarism/armed groups working in the interests of large landowners are still alive and well in Colombia/despite the official discourse, Law 1488 by no means happening in a post-conflict or post-paramilitary context.


800px-Carretera_hacia_Urabá

Road to Uraba

Last November 17, a peasant named Gildardo Padilla was murdered. Eleven members of his family, among them his parents, have been murdered in recent years . All because of their claims to La Gardenia and five more hectares of land in the town of Macondo, both farms in Urabá region bordering Panama . In this same region and in the same period Juan Jimenez Vertel , Benigno Gil, Jaime Gaviria , Albeiro Valdés, Hernando Perez, David Goez , Ana Isabel Gómez , Alejandro Pino, Manuel Ruiz and Samir Ruiz have been murdered for trying to reclaim their land . Only one paramilitary commander has been convicted of these crimes and those responsible for sponsoring and financing paramilitary groups remain unpunished .

This family, along with others, were forced to abandon their farms .  A climate of generalized violence, with 15,000 people murdered in Urabá , caused the displacement of 216,346 more. Between 1995 and 2007  it was common to hear many people being dispossessed with the phrase “either you sell [your land], or your widow will”.  Those behind the displacements also falsified public documents. The displacement can be summarized as such: while the paramilitaries threatened and murdered, front men and entrepreneurs bought, and public officials legalized the dispossessions.

The forcible dispossession and abandonment of land paved the way for its concentration into the hands of a few front men passing as entrepreneurs, some in the businesses of bananas, African Palm Oil, and cattle-ranching. The Attorney General of Colombia has a list of over 400 businessmen who financed right-wing paramilitary groups and to date there have been zero judicial decisions. An example is the banana multinational Chiquita Brands which funded paramilitary groups to the tune of $20 million. Consequently, Chiquita has been sanctioned by the U.S. to pay a $25 million fine. However the multinational has not taken on the responsibility of compensating victims , much less recognizing any criminal responsibility.

Since 2008, at a national level, 64 people have been murdered for demanding the restitution of their land. The dispossession and forced abandonment of land amounts to about 8.3 million hectares, which is equivalent to twice the total area of ​​Switzerland. The number of persons subject to this phenomenon of displacement would amount to the populations of the urban centres of both Madrid and Barcelona. However to date, the judges and the government have just returned less than 20,000 hectares.

The Land Restitution and Victim’s Law of 2011, , which regulates the current restitution process , represents a historic breakthrough and could be the best law enacted in decades given its recognition of victims and their right to compensation. However, if its implementation is not achieved, it could be the worst law as it could turn into more frustration and despair for a country that has suffered 50 years of conflict . The first and most important step is that the Colombian government and the judicial authorities ensure the protection and safety of land claimants so they do not continue being killed, displaced or threatened. Undoubtedly, a greater effort is needed from the government and from  judicial authorities to dismantle the criminal structures that today are attacking victims. Achieving the restitution of land would be a significant step towards peace and reconciliation in Colombia”.

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Filed under Colombia, English, Español, Land/Tierra, Paramilitarismo

VerdadAbierta.com: “Justicia y Paz, en la recta final para llegar con macro-sentencias de ‘paras’ en junio”

Justicia apurada, justicia negada? Una importante noticia sobre el proceso de justicia y paz/justicia ‘transicional’

Publicado originalmente el el Lunes 13 de Enero en VerdadAbierta.com

“La meta de cerrar los procesos contra 16 ex jefes paramilitares y guerrilleros postulados a Justicia y Paz con una sentencia que englobe a todos sus subalternos antes de junio de este año ya va a mitad de camino. VerdadAbierta.com muestra el estado de esos procesos y los pronósticos que hacen fiscales y abogados de víctimas y postulados.

audiencia

Desde inicios del año pasado, la Fiscalía decidió cambiar la estrategia de Justicia y Paz, y darle prioridad a los casos contra 16 de los principales ex jefes paramilitares y guerrilleros postulados al proceso para poder conseguir sentencias definitivas en un menor plazo. Con la estrategia original, que pretendía juzgar a más de tres mil postulados a Justicia y Paz caso por caso, según ordenaba la Ley 975 antes de que fuera reformada, el cálculo daba que tomaría casi un siglo terminarlos, una contradicción en sí misma pues se trata de una justicia transicional. (Ver nota: El año decisivo para Justicia y Paz).

De ahí que se haya reorganizado el trabajo de la Fiscalía para sacar adelante inicialmente 16 macro-procesos – reducidos ahora a 13 para la etapa de juicio – encabezados cada uno por un ex jefe de los grupos armados que está postulado a Justicia y Paz, con el objetivo de que éstos terminen en 16 sentencias colectivas para ellos y quienes fueron sus subalternos, y en reconocimientos, colectivos también, a quienes fueron sus víctimas.

La meta de junio de este año no es gratuita; en ese mismo mes muchos postulados, incluidos jefes paramilitares, podrían comenzar a solicitar su libertad porque cumplen los ocho años de prisión, la pena más alta a la que pueden ser condenados en Justicia y Paz. (Ver nota: Así será la priorización de Farc y Auc en Justicia y Paz).

El nuevo método consiste en que primero la Fiscalía hace las imputaciones contra los postulados (las acusaciones por sus delitos) en audiencias preliminares frente a los Tribunales de Justicia y Paz, y luego, comienzan las audiencias concentradas, en las que se expone de una manera más detallada los hechos o crímenes por los que son juzgados los postulados; después, el incidente de identificación de afectaciones causadas a las víctimas, y termina con la sentencia y las posteriores audiencias de cumplimiento.

Hasta el momento, tres de esos procesos están por entrar a la última etapa de “audiencias concentradas”. Otros nueve macro- procesos se encuentran un paso atrás, en las “audiencias preliminares”, y los demás están en etapas anteriores.

El 9 de diciembre del año pasado, Juan Pablo Hinestrosa, director de la Unidad de Justicia y Paz de la Fiscalía, defendió en una rueda de prensa el trabajo de la institución: “en junio de 2014, postulados como Fredy Rendón Herrera, alias ‘El Alemán’, y otros postulados de mayor y menor rango van a quedar libres por el vencimiento de sus penas cumplidas. La apuesta que hace la Fiscalía desde que empezó esta administración es lograr que cuando empiecen a quedar libres estos postulados se tengan sentencias condenatorias para así cumplir con lo que se llama Justicia Transicional”, explicó.

La justicia transicional colombiana, que se ha aplicado en varios países como una manera de dejar atrás la guerra, buscó suspenderles las condenas por sus múltiples delitos atroces a aquellos paramilitares y guerrilleros que se comprometieron a dejar las armas en forma colectiva o individual, e imponerles penas de máximo ocho años de cárcel, a cambio de que colaboraran con la justicia, la verdad y la reparación de sus víctimas. Y este año se cumple esa pena máxima de ocho años para muchos de ellos.

VerdadAbierta.com consultó a fiscales, abogados de postulados y de víctimas que participan en el proceso y coincidieron en que no es muy probable que se consigan fallos condenatorios de los postulados y sus subalternos en los cinco meses que faltan. Además, algunos de ellos advirtieron que no sólo importa la celeridad con que se adelanten los procesos, si no que se cumplan los principios generales de la Ley de Justicia y Paz de responderle a las víctimas y a la sociedad con verdad y justicia y una reparación debida.

Las cuentas
Hasta diciembre del año pasado se habían realizado las imputaciones contra nueve de los postulados. Cada una de estas imputaciones incluye la descripción de la larga lista de crímenes que confesaron los ex paramilitares o ex guerrilleros y su grupo o que el fiscal del caso documentó, según los tipos de delitos que Fiscalía fijó como prioritarios. Estos son: violencia sexual, desplazamiento forzado, desaparición forzada, reclutamiento de menores y casos de connotación, que son delitos seleccionados por el fiscal de cada grupo como masacres, secuestros, extorsiones a gremios regionales u homicidios de minorías o líderes de la comunidad.

Los procesos que van más avanzados son los de las Autodefensas Campesinas del Magdalena Medio, el del comandante del Frente 43 de las Farc, ‘Martín Sombra’, y el del Ejército Revolucionario Guevarista. Las audiencias concentradas están fijadas para el próximo 20 de enero en los tribunales de Justicia y Paz de Bogotá y Medellín.

La diligencia que hasta el momento más retrasos presenta es la de Diego Fernando Murillo Bejarano, alias ‘Don Berna’, que iniciará el 27 de enero con la imputación de cargos por su participación como comandante de los Bloques Héroes de Granada, Héroes de Tolová y Cacique Nutibara. (Ver nota: Magistrados ordenan indagar sobre espinosas verdades)

Al hacer los cálculos hay que considerar que la Ley 1592 de 2012 que reformó la Ley 975 de 2005 o de Justicia y Paz, no establece ningún tiempo límite de duración de las audiencias preliminares y la concentrada. Los únicos plazos establecidos son los de los intervalos entre la finalización y el inicio de una nueva etapa.

A mediados del año pasado, cuando se anunciaron los primeros avances de la estrategia de priorización, la Fiscalía había anunciado que el 31 de julio de 2013 tendría radicados los escritos de imputación de cargos para que los magistrados establecieran la fecha de inicio de las audiencias. Sin embargo, los cálculos eran optimistas para el volumen de trabajo que esto implicaba y los fiscales sólo pudieron terminar estas imputaciones entre octubre y diciembre o apenas están por terminar. Un fiscal le explicó a VerdadAbierta.com que las audiencias concentradas podrían tardar un poco más que las imputaciones, pues la formulación de cargos es más detallada. “Se abordan todos los casos con más profundidad –explicó –, ahí debe quedar muy claro quiénes fueron los autores y si fueron materiales o no, y presentar todas las circunstancias de tiempo, modo y lugar”.

En el siguiente gráfico puede visualizar mejor cómo es el proceso de priorización y el estado en el que se encuentran:

Se recomienda ver la presentación en pantalla completa.
Dé clic en Start Prezi y luego en el cuadro de la parte inferior

 

Infraestructura
Uno de los problemas que más llama la atención de los defensores de los postulados y las víctimas es la escasa infraestructura y personal con la que cuenta la justicia para hacer esta inmensa tarea. La mayor parte de la responsabilidad para dictar esas 16 macro-sentencias recae sobre los seis magistrados de conocimiento de Justicia y Paz con los que cuenta el país (cuatro en Bogotá, uno en Medellín y uno en Barranquilla). Los fallos hasta el momento se refieren a 11 mil hechos que comprometen a 34 mil víctimas. A esto habría que agregar las demás diligencias que se derivan de los casos de otros postulados y estructuras guerrilleras y paramilitares que no han sido definidos como prioritarios, pero que aun así deben continuar.

Sobre esto, el director de la Unidad de Justicia y Paz, citó al Fiscal General de la Nación, Eduardo Montealegre, en una intervención que había hecho meses atrás diciendo: “señores Magistrados, el balón está en su campo, de ustedes depende que podamos sacar esta sentencias condenatorias antes de junio de 2014. De ustedes depende que este esfuerzo macro de la Fiscalía, Unidad de Justicia y Paz, no sea inocuo, que no estemos arando en el mar. Que realmente podamos mostrar que en Colombia no nos quedó grande la Justicia Transicional y que estamos en la Fiscalía General de la Nación, preparados para recibir un eventual proceso de Justicia Transicional que llegare de La Habana. Estamos demostrando que la política de priorización es un hecho, es un éxito. Que hemos cumplido, nos falta mucho por hacer, pero que lo que primero hicimos fue fijar una estrategia para poder evacuar en mayor medida toda esa cantidad de hechos y de víctimas que están reclamando justicia”.

No obstante, el trabajo de investigación de varias decenas de equipos de fiscales debe ser evaluado y sopesado por pocos magistrados con equipos de trabajo pequeños, para poder conducir adecuadamente la etapa de juzgamiento y dictar sentencia. Como dijo un abogado de uno de los postulados, “los magistrados no tienen el don de la ubicuidad”.

Explicó que “el deseo de todos es tener las sentencias, pero si uno ve el proceso desde la infraestructura es complejo, hay mucha distancia de lo que se quiere a lo que ocurre”. Además dijo que se requiere que colaboren también otras entidades como el Inpec, y las otras partes que participan del proceso. No obstante las dificultades, aseguró que “desde la metodología que se implementó con la priorización, en el último año por lo menos se logró algo que no se había obtenido desde el 2005: en un día se imputaron 300 hechos”.

Los aplazamientos han sido una de las causas en los retrasos de las audiencias. En los meses anteriores, entre julio y diciembre del año pasado, en los que la Fiscalía había programado la etapa de las audiencias preliminares, se han presentado retrasos por diferentes motivos que van desde problemas en el transporte de los postulados desde las cárceles, excusas médicas por parte de los postulados hasta simples trámites jurídicos o administrativos.

Otro jurista que defiende a un ex jefe paramilitar extraditado a Estados Unidos expresa que para este año también hay que corregir los problemas logísticos que se presentaron en etapas anteriores. Relata que hubo retrasos de días o semanas porque los dispositivos para hacer las videoconferencias se dañaban o el Inpec fallaba en el traslado de algunos postulados.

Una defensora de víctimas de varios procesos de Justicia y Paz, entre ellos el del Bloque Central Bolívar, coincidió con las contrapartes en que los magistrados son muy pocos para tantas sentencias.

La meta
Esta misma abogada advierte, sin embargo, que “no se trata de afanarse para mostrar resultados. La eficiencia y la eficacia no pueden ir por vías distintas. La celeridad no puede recortar la esencia de Justicia y Paz, es decir, debe quedar claro que para reparación debe haber verdad, y no hay verdad si no hay justicia”.

La defensora también señala que “las víctimas están esperando que desde hace 10 o 20 años se les cuente la verdad. Lo que puede salir en junio son sentencias parciales, es decir una verdad parcializada. Porque los delitos priorizados excluyeron en algunos casos torturas, secuestros o robos. Y antes de que una víctima fuera asesinada, años antes había pasado por todo eso. Hay que tener en cuenta la reparación”.

El abogado del ex jefe paramilitar manifiesta que “estoy de acuerdo con la Corte cuando dice que es imposible llegar a una verdad absoluta del conflicto. Pero estas macro-sentencias deben contar la verdad para garantizar la no repetición. Hay víctimas que a pesar de contar ya con las sentencias, no han sido indemnizadas después de un año, y también hay temor entre los postulados que después de tanto tiempo queden libres y no quede muy clara su situación. Hay que pensar desde ahora en las seguridades jurídicas”.

Hasta este punto del proceso es claro que lo que falta para terminar es bastante: de cuatro partes del proceso de juzgamiento se ha avanzado parcialmente en la primera y faltarían otras tres, que en la práctica serán más extensas. El reto de alcanzar las 16 macro-sentencias anunciadas por la Fiscalía en el tiempo en que se lo propuso y, al mismo tiempo cumplir con los requisitos de la Ley de Justicia y Paz, recae casi completamente sobre los hombros de magistrados y fiscales.

No obstante, la responsabilidad de que esta se logre se extiende a diversas entidades que intervienen en el proceso. Por ejemplo, tan solo que un postulado no vaya a una audiencia programada porque el Inpec no hizo el traslado, o que no se haga una transmisión de una audiencia ente víctimas en un lugar remoto por razones técnicas, puede retrasar un caso varias semanas.”

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Filed under Colombia, Contradictions, Español, Transitional Justice/Justicia Transicional

Inspector General Alejandro Ordóñez “trashes” Democracy in Bogotá, ousts Mayor

plaza-de-bolivar The Bolivar Plaza during one of the mobilizations in support of Petro. Photo credit: http://thellamadiaries.wordpress.com/2013/12/13/petro-and-the-challenges-of-colombian-democracy/

Today the Inspector General of Colombia, Alejandro Ordóñez Maldonado, ignored appeals by Bogota Mayor Gustavo Petro Urrego to stay his suspension from public office for 15 years.

This is a significant development in Colombian politics – in a politically conservative nation, the progressive former-guerrilla Mayor occupied what is commonly referred to as the most important job in the country after the Presidency. Ordóñez’s destitution now has given a major political blow to Colombia’s divided Left.

Petro must now leave the office of Mayor.

The Inspector General (IG) accused Petro of violating the right to free enterprise and threatening the health of bogotanos by trying to deprivatize the Bogota’s garbage collection services. In December 2012, the reluctance of the elites who own the extremely profitable garbage collection business to help with the Mayor’s project (and some argue, mistakes made by Petro on the procurement of new garbage trucks) effectively left the 8 million people of Bogota without garbage collection services for a few days.

The IG has become a very symbolic figure in Colombian politics; he is a fierce defender of former President Alvaro Uribe Velez, a staunch social conservative known for his anti-gay views, a devout Catholic, and a vocal opponent to the government’s peace talks with the FARC in Havana. Ordóñez has been criticized in his role as Inspector General for being soft on politicians close to Uribe or implicated in the ‘parapolitics’ scandal/being accused of having ties to paramilitary groups.

Others have pointed out how Ordóñez’s destitutions are perhaps an example of a flaw by design within Colombia’s institutions, or an overreach of the IG’s mandate. In the last few years, Ordóñez has destituted several mayors and dozens of other politicians, most notable Sammy Moreno (former Mayor of Bogota) for corruption scandals, Alonso Salazar, the former Mayor of Medellin for denouncing his electoral opponents as having ties with paramilitaries, and Piedad Cordoba Ruiz for allegedly having ties to the FARC. Some see these destitutions as cleaning up corruption in Colombian politics. However, in the cases of Salazar, Cordoba, and now Petro many more are arguing that Ordóñez is using his authority of being able to dismiss politicians from their offices for misconduct as a form of Inquisition against progressive and left-leaning leaders.

Petro was a divisive Mayor – during his time, reactionary elements within the city were organizing a petition campaign to re-call him from office. Petro is also a former member of the M-19 guerrilla movement.

However, others see him as a progressive force in the capital city. He helped support LGBT rights, set up an office for attention/service to displaced people and victims of the armed conflict, introduced a gun ban leading to Bogota having one of the lowest murder rates in Latin America (comparable to that of Chicago in the states), and made the deprivatization of the garbage services his flagship battle against the city’s economic elite. Petro, originally a member of the Left-wing Polo Democratico, distanced himself from the party after a corruption scandal with Mayor Sammy Moreno Rojas (who is a member of the Polo).

In the debate around Petro’s destitution, the idea (with some reason) has come up that Ordóñez’s destitution of Petro is a plot to oust the left from the Mayor’s office, and to open the job up for Francisco (Pacho) Santos, former Vice-President of Alvaro Uribe.

Petro’s destiution has been received by many Colombians as yet another sign that either by legal means or violence, some reactionary elements within Colombia’s traditional political classes (or within Uribismo/followers of Uribe) will continue to repress any attempts by the Left or seemingly progressive elements to take power in Colombia. This old story of Colombia’s exclusionary, repressive, generally undemocratic and conservative political system sends a very dangerous signal to the FARC: One of the premises of the peace negotiations is a political opening in which the Left (or at least, whatever the FARC thinks they represent) will be given a “fair” shot in the ballot box/the peace talks are predicated on a supposed political transformation (in theory) which would end what the guerrillas see as a need for ‘armed political struggle’. Petro’s destitution throws all of that in the air.

At best, since his destitution in mid-December, and all throughout the holidays, social movements and everyday bogotanos have been filling the Bolivar Plaza (Bogota’s equivalent to Hyde Park where the Supreme Court and Congress are), and he is again calling for a peaceful and popular revolution/uprising/movement against the IG’s decision (although it’s coming to light today that there is no legal recourse for the destituted Mayor). For only tepid supporters, what seems like an attack by the IG Ordóñez on the popular vote of Bogotanos/Bogotan democracy has martyred Petro as a symbol of the reactionary attempts to block democracy in Colombia.

Below is Petro’s op-ed in the New York Times appealing to democracy.

Here is also an instructive (Spanish-language) piece by Daniel Coronell on Diego Bravo, a civil servant in the middle of the controversy (according to Coronell, Petro voted Ordonez’s re-election to do a political favour for Bravo).

Gerson Martínez, a rapper, graffiti artist, social activist and Petro supporter was murdered last week in what some are calling a politically-motivated killing (Martínez’s body was found with a flag of “Bogota Humana”, Petro’s city slogan/branding material).

‘Don’t Trash Colombia’s Democracy

By GUSTAVO PETRO URREGO
Published: December 26, 2013

BOGOTÁ, Colombia — On Dec. 9, I was giving a talk at City Hall on the need to fight corruption when, suddenly, my cellphone alerted me to this message: Colombia’s inspector general had decided to remove me from my job as mayor of the nation’s capital and to bar me from holding office for 15 years.

My alleged sin: bungling a project to bring trash collection — run by an oligopoly of private contractors — under direct city management.

Startled, I told the audience what I had just learned. They were irate; the country’s minister of justice and a United Nations representative in Colombia, seated at the head table with me, both hugged me in a show of solidarity. Tens of thousands of Colombians have rallied in the Plaza de Bolívar, in the heart of the capital, in my support. More protests are planned.

For now, I am the mayor. I am challenging the inspector general’s decision, which I consider arbitrary and politically motivated. (In an interview on Sunday, the nation’s chief prosecutor urged President Juan Manuel Santos to postpone the decision.)

I was elected mayor of this city of eight million in 2011, after two terms in the Chamber of Representatives and one in the Senate. My administration has focused on helping the poor, readying the city for the effects of climate change and strengthening the public sphere.

My political career is not one I could have predicted. In the 1970s, I joined a leftist guerrilla organization, the April 19th Movement, or M-19, and was imprisoned and tortured from 1985 to 1987 for my participation. But by 1990, our movement had laid down its arms and made peace with the government — even though our party’s presidential candidate was assassinated that year. Indeed, in 1991, we helped revise the Constitution to make it more democratic.

The M-19 was never part of the Revolutionary Armed Forces of Colombia, or FARC, with whom the Colombian government is engaged in peace talks, in Cuba, to end nearly a half-century of armed conflict. But the effort to remove me has become inextricably tied up with the issue of whether and how to end the longstanding struggle with the FARC.

Those who support the talks with the FARC have said that removing me would demonstrate that former guerrillas could not safely lay down their arms and be assured a role in a fair and democratic government — a concern shared by Kevin Whitaker, President Obama’s nominee to be ambassador to Colombia.

At a Senate confirmation hearing on Dec. 11, Mr. Whitaker said of the decision to remove me, “There’s a fundamental question that’s raised by this, it seems to me, and that is one of political pluralism,” which he described as the challenge of “how to integrate into the legal, unarmed, democratic process individuals of the left.” He added, “If individuals in Colombia were to conclude, based on this action or any other action, that that space doesn’t exist, then the basic conditions for peace are going to be, in some ways, eroded.”

As a Colombian senator, I supported the appointment of the inspector general, Alejandro Ordóñez, because of my belief in the importance of political pluralism, even though he is a close ally of the right-wing former president Álvaro Uribe (who has criticized his successor, Mr. Santos, for talking with the FARC).

While the inspector general has power, under the Constitution, to remove certain officials, in my case Mr. Ordóñez has overstepped and abused this authority. In attempting to disqualify me from participation in politics on the flimsiest of pretexts, Mr. Ordóñez is trying to end my political career and weaken the political left. He is also trying to deal a blow to the peace process with the FARC.

It is precisely because of this overreach that many in Colombia are calling for a reform of the inspector general’s powers, so as to require judicial review before an elected official can be removed. This would bring our Constitution into line with the American Convention on Human Rights, a treaty that Colombia has ratified. It provides that elected officials may be removed only after being convicted by a competent judge in criminal proceedings.

The grounds for my removal are preposterous. Last December, I tried to break the oligopoly of private companies that held the contracts for garbage removal. My administration estimated that these companies had overcharged the city some $300 million in the decade before I took office. Those companies, previously concession holders, are now contractors with the city.

I acknowledge that my government made mistakes that are not uncommon when changing the model for provision of a public service as complex as trash collection in a city with millions of residents. But Mr. Ordóñez has accused me of no crime. He says, among other things, that my administration mishandled our effort to bring trash collection under public control, and in so doing attacked the system of “free enterprise.” He also says that the accumulation of several thousand tons of garbage on Dec. 18-20, 2012, threatened public health. He does not demonstrate how this justified the removal of the democratically elected mayor of the nation’s capital.

Mr. Ordóñez’s background shows a pattern of intolerance. As a student in the northern city of Bucaramanga more than 30 years ago, he participated in the mass burning of books considered “impious” from a public library. These included Protestant translations of the Bible (Mr. Ordóñez is an ultraconservative Catholic) and works by Gabriel García Márquez. As inspector general, Mr. Ordóñez interfered with the construction of a women’s clinic in Medellín, on the theory that abortions might be performed there. He also threatened to remove judges and notaries who performed same-sex marriages, even though the country’s Constitutional Court ruled in 2011 that same-sex couples could join in “solemn union.”

President Santos now faces a choice: He can back Mr. Ordóñez, which I believe would violate democratic principles and international law and defy the will of the voters of Bogotá, while also setting back the peace process, or he can pursue a democratic resolution to this situation, one that respects our nation’s longing for peace, democracy and human rights.

Respect for the popular vote must be the basis of democracy.

Gustavo Petro Urrego is the mayor of Bogotá. This article was translated by Charles H. Roberts from the Spanish.

A version of this op-ed appears in print on December 28, 2013, on page A19 of the New York edition with the headline: Don’t Trash Colombia’s Democracy.

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Filed under Colombia, English, The Peace Talks, Uncategorized

Drummond, un desastre ambiental, económico y social

Originalmente publicado el lunes 18 de febrero, 2013 en Razon Publica. Por Rafael Pardo de Colombia Medio Punto.

Alvaro Pardo desastre Drummond Razon Publica
Alvaro-Pardo
Un análisis revelador y detallado del contrato leonino y de la larga cadena de abusos  y de excesos de esta compañía carbonera durante 25 años.

Álvaro Pardo*

​Se nos creció el gringo

Gary Drummond, un mediano productor de carbón en Alabama, Estados Unidos, suscribió en 1988 con Carbocol el contrato de Aporte Minero 078 para operar La Loma, cuyos términos y condiciones le permiten actuar en los departamentos de Cesar y Magdalena como una república independiente, sin más leyes y normas que las que la compañía misma establece y que el Estado debe respetar.

Con diez años de anticipación, la compañía Drummond solicitó a la autoridad minera renovar el oneroso contrato de Aporte Minero de La Loma, que vence en el 2019, y que arrastra un enorme historial de irregularidades e infracciones a las normas ambientales, y un ostensible desprecio por el entorno social, los derechos humanos y la legislación laboral.

Con una producción superior a los 23 millones de toneladas en el 2011,  esta compañía se ha convertido en la segunda carbonera más importante del país — después de Cerrejón — a costa de transformar, en complicidad con el Estado, un rico departamento agropecuario en un desierto en construcción.

Alvaro Pardo desastre Drummond Gary​Gary Drummond, un mediano productor de
carbón en Alabama, Estados Unidos, con
alto vuelo en Colombia.
Foto: Justice For Colombia.

Contrato leonino

Quienes pensaban que Cerro Matoso era un modelo de lo que el país no debía hacer en materia de contratación minera, están equivocados. Veamos algunas joyas del contrato original y de los otrosíes que conforman el contrato 078 de 1988.

A diferencia de todos los demás contratos mineros del país — que pagan regalías por la producción en boca de mina — Drummond logró pactar que las regalías se paguen por los volúmenes que embarcan. De manera que todo el carbón que se pierda en el proceso técnico, de transporte y de embarque corre por cuenta del Estado. Por ejemplo, el carbón que fue arrojado al mar el pasado 13 de enero es una pérdida para el Estado.
Todas las cifras del contrato son presuntivas. Inversión presuntiva, ganancias presuntivas, costos presuntivos y fletes presuntivos. Sobre estas cifras presuntivas, se calcularon las regalías y se pagaron los impuestos; se permitió el uso de estos estimativos, porque “la empresa requiere tener suficiente flexibilidad técnica para su adecuado desarrollo”.
Las regalías son del 15 por ciento sobre el precio FOB presuntivo. Además de ser presuntivas, las regalías no se pagan como en los demás contratos mineros —  sino el primer 5 por ciento a los 30 días del embarque y el 10 por ciento restantes otros 30 días después. Una forma elegante de financiarse con recursos del Estado.
Uno de los logros económicos más importantes para el país fue haber pactado una ganancia presuntiva equivalente a las ventas brutas de carbón menos los costos presuntivos y la renta de los activos. Como los costos presuntivos los estima Drummond, el Estado no ha recibido jamás un solo peso por este concepto.
El precio FOB del carbón de Drummond se fijó inicialmente en relación directa con el precio FOB del carbón del Cerrejón. Sin embargo, desde cuando se enajenaron los intereses de la Nación en Cerrejón, el precio fue fijado durante varios años por la misma compañía. La autoridad minera ni se inmutó por el riesgo moral de la información, pese a que es una variable fundamental para calcular las regalías y pagar impuestos.

Actualmente, las regalías se liquidan mediante una fórmula compleja, cuyas variables surgen sin que la autoridad minera las pueda fiscalizar. Las restricciones al acceso a la información son tan grandes, que la realidad contable de la operación está cubierto con un manto de confidencialidad.

Las regalías se liquidan mediante una fórmula compleja, cuyas variables surgen sin que la autoridad minera las pueda fiscalizar.

El contrato de La Loma se extiende hasta el 23 de febrero del 2019, y el mismo contrato establece la forma como se llevará a cabo la reversión gratuita de los bienes al Estado. Sin embargo, y pese a que no hay posibilidad de renovación, desde 2009 la compañía inició gestiones orientadas a lograr una nueva prórroga de 30 años, con la misma estrategia litigiosa, irregular y mañosa de Cerro Matoso.

Entre los costos deducibles para obtener el precio FOB Boca de Mina se incluyen los costos operativos, hecho que es razonable y que se aplica a los demás contratos mineros. Pero Drummond logró también que se permitiera la deducción de costos no operativos, como amortizaciones y rendimientos sobre la inversión.
En ocasiones, los costos operativos y no operativos fueron tan altos que superaron los precios de venta del carbón y el precio FOB Boca de Mina fue negativo. La autoridad minera no tiene forma de verificar esta información.

Cuando Carbocol necesite revisar una información, designará una firma independiente, aceptable para Drummond, para verificar los pagos de las regalías, y podrá revisar todo, excepto la información de las actividades realizadas entre Drummond y las demás empresas de su grupo. Esa es la forma clásica de reducir los impuestos y regalías que pagan las multinacionales a los países pobres con recursos naturales no renovables.

La información sobre embarques es provista por un certificador independiente, nombrado y pagado por Drummond. Toda la información relevante depende de la compañía y todo el contrato está diseñado para defender sus intereses económicos.

Compras de carbón a terceros, mezclas de carbón en puertos, depreciación de bienes ya depreciados, venta de un porcentaje de  los RNNR del Estado a la japonesa Itachu y tarifas férreas son temas también grises y confusos en este contrato. En tres auditorias, la Contraloría General de la República se llamó la atención sobre estos temas, pero ni empresa, ni autoridad minera, se dieron por enterados.

En un ejercicio preliminar, la Contraloría General encontró que los costos de transporte por tonelada en tren eran inexplicablemente superiores al transporte terrestre. Por ese concepto, integrado a los costos operativos, el país habría dejado de recibir unos 60.000 millones de pesos en 2005.

Por ejemplo, el carbón que fue arrojado al mar el pasado 13 de enero es una pérdida para el Estado.

En fin, el análisis del contrato revela la gran debilidad negociadora del Estado; su desmedido afán de atraer a cualquier costo a inversionistas extranjeros para que, mediante la explotación acelerada de los recursos naturales no renovables, se cree un flujo de caja representado por impuestos y regalías; el poder de las multinacionales para imponer sus propias condiciones, desde luego muy provechosas para los privados, y el profundo desprecio por todos los demás aspectos del entorno minero: el medio ambiente, la comunidad, los trabajadores, los derechos humanos y los poblados confinados.

En los Contratos de Aporte firmados con Drummond, Cerro Matoso, Prodeco y Cerrejón, los mayores productores de carbón y níquel, se manifiestan tanto el poder de las multinacionales para diseñar un esquema contractual que les permite maximizar sus ganancias como la ausencia de un Estado y una política minera que defienda los intereses de los colombianos.

Un estorbo para la gran minería

Decenas de estudios académicos, independientes y de los organismos de control coinciden en el inmenso daño ambiental de las diversas operaciones de gran minería a cielo abierto que se adelantan sin mayor control oficial en la zona central del departamento de Cesar.

Al proceso de desertización lo acompañan las corridas del río Calenturitas, la desaparición de arroyos y de grandes superficies de vocación agrícola y pecuaria, y las oleadas de polvillo de carbón que azotan la salud de niños y ancianos,

A esto se agrega la negativa de la compañía para tomar medidas que reduzcan la emisión de polvillo del carbón durante la explotación y el transporte, así como la burla a las normas que lo obligan al cargue directo del mineral en el puerto en Santa Marta. El plazo para iniciar el cargue directo ha sido, inexplicablemente, ampliado por el gobierno de 2010 [1] a 2014. Muchos apuestan a que la compañía logrará una nueva extensión de este plazo.

El reciente vertimiento de carbón al mar en inmediaciones de Ciénaga, cerca a Santa Marta (un hecho que Sandra P. Vilardy  analiza en esta misma entrega de Razón Pública)  es una muestra más de su ineficiente sistema de carga, de la desidia frente al ecosistema natural, del desconocimiento deliberado del procedimiento de manejo de contingencias y de la falta de transparencia y ética empresarial.

No obstante, el expresidente de Drummond, Augusto Jiménez, repite con frecuencia que la minería en Colombia se está marchitando debido a las trabas de la Agencia Nacional de Licencias Ambientales (ANLA) a la ineficiencia de las Corporaciones Autónomas Regionales (CAR), a los indígenas que no dejan trabajar y a las ONGs ambientalistas que le generan un mal ambiente al sector.

 Sin sonrojarse siquiera, repitió esta diatriba durante una cumbre de la gran minería con presencia del presidente Santos el pasado 29 de enero, dos semanas después del ecocidio frente a las playas de Santa Marta.

La Drummond ha recibido varias multas por infracciones a las normas ambientales:

  • el 17 de julio del 2007, mediante resolución 1286 de 2007, el ministerio de Ambiente, Vivienda y Desarrollo Territorial impuso una multa por 140 millones de pesos,  por contaminar el mar y por no haber tomado los correctivos correspondientes para el transporte adecuado del mineral.
  • También en 2007, el mismo ministerio multó con 130 millones de pesos a American Port Company Inc. por exportar más carbón del autorizado;
  • En 2008, la compañía debió pagar otra multa de 1.700 millones de pesos, por la construcción de corredores y vías sin licencia ambiental.
Alvaro Pardo desastre Drummond ambiental
El oneroso contrato de Aporte Minero de
La Loma, que vence en el 2019, arrastra
un enorme historial de irregularidades e
​infracciones a las normas ambientales.
Foto: sintramienergeticanacional.blogspot.com

Con cara gana Drummond, con sello pierde el país

El contrato original establece que cuando Drummond incumpla el contrato, si paga la multa en los siguientes primeros diez días, el hecho no se considerará un incumplimiento y no quedará registrado en el expediente.

Sin embargo, cuando el incumplimiento es imputable al Estado, como fue el caso de Ferrovías, Drummond no dudó en demandar ante la Cámara de Comercio Internacional de París, pleito que ganó y que significó un costo de unos 60.000 millones de pesos para la Nación. De acuerdo con los documentos disponibles sobre la materia y al informe de Noticias Uno el pasado 9 de febrero, el gobierno pagó la multa a Drummond el 28 de diciembre de 2012.

Otro tema que llama la atención: Peter Burrowes, presidente de FENOCO entre junio de 2008 y agosto de 2012 — empresa que heredó la demanda de Drummond contra Ferrovías y quien en ese periodo ha debido defender los intereses del Estado –, fue nombrado en noviembre de ese mismo año Vicepresidente Ejecutivo de Drummond Internacional. Aunque se alega que la puerta giratoria no tiene nada de ilegal, por lo menos sí se nota un cierto grado de indelicadeza que deja mucho que pensar.

“Estamos muy orgullosos de nuestro historial en Colombia”, dijo Drummond en un comunicado recientemente expedido, en el que además se declaran víctimas del asalto intelectual de sus críticos. Este es el cinismo con que actúan en Colombia estas compañías, especialmente las que conforman el gremio de la Minería a Gran Escala.

Proven Excellence in Colombia

Pobladores de El Hatillo, Plan Bonito y Boquerón esperan desde 2010 que Drummond, entre otras, comiencen la ejecución del plan de reubicación para escapar de la grave polución causada por la explotación de carbón a cielo abierto.

Confinados en sus casas, presionados por montañas de material estéril, con problemas de salud y sin alternativas de vida, los habitantes de las áreas de influencia esperan que gobierno y compañías mineras se pongan de acuerdo para solucionar este grave problema de confinamiento, una de las formas más atroces de atropello a la comunidad.

Recientemente, un juez penal condenó a 37 años de cárcel a un contratista de Drummond por el asesinato de dos sindicalistas de la empresa en 2001. El condenado, Jaime Blanco Maya, insiste en que la orden del asesinato provino de la cúpula de Drummond. Según el artículo de El Nuevo Herald del 10 de febrero de 2013, el juez ordenó a la Fiscalía investigar a Gary Drummond y a Augusto Jiménez.

Más de 400 trabajadores y extrabajadores con incapacidad por enfermedades profesionales y asma ocupacional (sílice + carbonilla en los pulmones), hablan mal del programa de salud ocupacional. Aquí el Ministerio de Salud ha sido el gran ausente de esta problemática.

Más allá de lo que pagan por regalías e impuestos, esta compañía — cuyo lema es Proven Excellence in Colombia — ha resultado un auténtico desastre para los colombianos. Ojalá la autoridad minera tuviera el valor civil de NO renovar el contrato minero.

*  Director de Colombia Punto Medio

** Los documentos utilizados en este artículo en
www.colombiapuntomedio.com

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The CIA’s support for Colombia’s counterinsurgency

A really informative (yet problematic) piece from Dana Priest, Elyssia Pachico and Jude Tate from the Washington Post, on the CIA’s covert support for Colombia’s smartbombing campaign against the FARC leadership.

The article makes some interesting points, but largely ignores the paramilitarization of Colombian democracy under ex-President Alvaro Uribe (2002-2010) who led this counterinsurgency, and seems uncritical or at least does not really mention the cruel repression and abuse inflicted on the Colombian population in the name of Uribe’s “Democratic Security” policy. For example, there is the case of the “false positives”, in which over 3,000 mostly young peasants were extrajudicially executed and dressed up as “guerrillas” so as to increase kill counts. There are also the chuzadas (wire-tappings) of opposition politicians, supreme court judges, and opponents of the government; it would be interesting to see how much the CIA knew about or enabled Uribe’s threats to freedom of speech, privacy, and other civil liberties.

The article also seems to lack a serious political analysis, and takes it for granted that the US’s support for Colombia was about mainly counter-narcotics, and not the War On Terror, nor about protecting American investments (such as the Caño Limón–Coveñas pipeline and other key pieces of energy infrastructure) from guerrilla attacks. A key myth this report buys into is that the FARC are the main narco-traffickers in Colombia (and that fighting the FARC is therefore fighting drug-trafficking). The vast majority of investigations and scholarship on Colombia has shown that the state-backed paramilitaries were much more involved in drug trafficking than the guerrillas (for example over a dozen paramilitary leaders are now the in the US facing drug trafficking charges).

This report also seems ignorant to one of the main dynamics of the war in Colombia -territorial control. Yes, the blows against the FARC’s leadership have been decisive (and are good for public opinion), however, what has really won the war for the State was the government-backed paramilitary expansion of the late 1990s and early 2000s.

In a similar vein, Priest is mute on the humanitarian crisis of internal displacement in Colombia. At 5.5 million displaced according to the Norwegian Refugee Council, Colombia has the highest number of IDPs in the world (to say nothing of those who have left). Many of these IDPs, most of whom are peasants, indigenous people, or Black/Afro-Colombian, have been displaced by the FARC, but many have also been pushed off of their land by the paramilitaries and the state in order to make way for economic projects such as agribusiness and mining. The idea therefore that the CIA contributed to a general improvement of security under Uribe by helping win the war against the guerrillas buys into the myth that “the problem” in Colombia was the FARC, and not a variety of violent actors, some of whom co-opted state institutions. This assertion also ignores the great human cost of these security improvements; what’s happened in Colombia over the last 10-12 years was more of a violent pacification than “peace”.

However, the report does shed more light on the extent of the US’s influence and support for Colombia’s counterinsurgency against the guerrillas, and how Colombia, after Afghanistan in the early 2000s, was one of the US’s security priorities.

An interesting addendum is that opposition congressman and human rights activist Ivan Cepeda is now asking the Colombian government to answer for the US’s support, so at least Priest’s findings have been put to good use.

This was originally published at the Washington Post on Dec 21 2013

—-

The 50-year-old Revolutionary Armed Forces of Colombia (FARC), once considered the best-funded insurgency in the world, is at its smallest and most vulnerable state in decades, due in part to a CIA covert action program that has helped Colombian forces kill at least two dozen rebel leaders, according to interviews with more than 30 former and current U.S. and Colombian officials.

The secret assistance, which also includes substantial eavesdropping help from the National Security Agency, is funded through a multibillion-dollar black budget. It is not a part of the public $9 billion package of mostly U.S. military aid called Plan Colombia, which began in 2000.

The previously undisclosed CIA program was authorized by President George W. Bush in the early 2000s and has continued under President Obama, according to U.S. military, intelligence and diplomatic officials. Most of those interviewed spoke on the condition of anonymity because the program is classified and ongoing.

The covert program in Colombia provides two essential services to the nation’s battle against the FARC and a smaller insurgent group, the National Liberation Army (ELN): Real-time intelligence that allows Colombian forces to hunt down individual FARC leaders and, beginning in 2006, one particularly effective tool with which to kill them.

That weapon is a $30,000 GPS guidance kit that transforms a less-than-accurate 500-pound gravity bomb into a highly accurate smart bomb. Smart bombs, also called precision-guided munitions or PGMs, are capable of killing an individual in triple-canopy jungle if his exact location can be determined and geo-coordinates are programmed into the bomb’s small computer brain.

In March 2008, according to nine U.S. and Colombian officials, the Colombian Air Force, with tacit U.S. approval, launched U.S.-made smart bombs across the border into Ecuador to kill a senior FARC leader, Raul Reyes. The indirect U.S. role in that attack has not been previously disclosed.

The covert action program in Colombia is one of a handful of enhanced intelligence initiatives that has escaped public notice since the Sept. 11, 2001, attacks. Most of these other programs, small but growing, are located in countries where violent drug cartels have caused instability.

Sources: U.S. State Department, Pais Libre, Colombian Defense Ministry and the Air Force. Research and data compiled by Elyssa Pachico. Graphic by Cristina Rivero. Map by Gene Thorp.

The roster is headed by Mexico, where U.S. intelligence assistance is larger than anywhere outside Afghanistan, as The Washington Post reported in April. It also includes Central America and West Africa, where trafficking routes have moved in response to U.S. pressure against cartels elsewhere.

Asked to comment on U.S. intelligence assistance, President Juan Manuel Santos told The Post during a recent trip to Washington that he did not wish to speak about it in detail, given the sensitivities involved. “It’s been of help,” he said. “Part of the expertise and the efficiency of our operations and our special operations have been the product of better training and knowledge we have acquired from many countries, among them the United States.”

A spokesman for the CIA declined to comment.

Colombia and the FARC have been in peace negotiations in Havana for a year. They have agreed so far on frameworks for land reform, rural development and for allowing insurgents to participate in the political process once the war ends. The two sides are currently discussing a new approach to fighting drug trafficking.

Police outside El Nogal nightclub after the FARC destroyed it with a car bomb in February 2003. More than 20 people were killed. The bombing further united Colombia against the insurgents. (Javier Galeano/AP)

Instability in Colombia

Over the past decade, many indicators of insecurity have improved . . .

. . . as terrorist group strength has weakened and extraditions to the United States for criminal trials have increased.

2004, 2005 and 2010 not available.

*Includes FARC-related kidnappings and killings.

Sources: U.S. State Department, Pais Libre, Colombia Defense Ministry, Colombian Air Force, compiled by Elyssa Pachico

On the verge of collapse

Today, a comparison between Colombia, with its vibrant economy and swanky Bogota social scene, and Afghanistan might seem absurd. But a little more than a decade ago, Colombia had the highest murder rate in the world. Random bombings and strong-arm military tactics pervaded daily life. Some 3,000 people were kidnapped in one year. Professors, human rights activists and journalists suspected of being FARC sympathizers routinely turned up dead.

The combustible mix of the FARC, cartels, paramilitaries and corrupt security forces created a cauldron of violence unprecedented in modern-day Latin America. Nearly a quarter-million people have died during the long war, and many thousands have disappeared.

The FARC was founded in 1964 as a Marxist peasant movement seeking land and justice for the poor. By 1998, Colombia’s president at the time, Andres Pastrana, gave the FARC a Switzerland-sized demilitarized zone to encourage peace negotiations, but its violent attacks only grew, as did its links with the narcotics trade.

By 2000, the emboldened insurgency of 18,000 took aim at Colombia’s political leaders. It assassinated local elected officials. It kidnapped a presidential candidate and attempted to kill a presidential front-runner, hard-liner Alvaro Uribe, whose father the FARC had killed in 1983.

Fearing Colombia would become a failed state with an even greater role in drug trafficking into the United States, the Bush administration and Congress ramped up assistance to the Colombian military through Plan Colombia.

By 2003, U.S. involvement in Colombia encompassed 40 U.S. agencies and 4,500 people, including contractors, all working out of the U.S. Embassy in Bogota, then the largest U.S. embassy in the world. It stayed that way until mid-2004, when it was surpassed by Afghanistan.

“There is no country, including Afghanistan, where we had more going on,” said William Wood, who was U.S. ambassador to Colombia from 2003 to 2007 before holding the same post in war-torn Afghanistan for two years after that.

When Bush became president, two presidential findings were already on the books authorizing covert action worldwide. One allowed CIA operations against international terrorist organizations. The other, signed in the mid-1980s by President Ronald Reagan, authorized action against international narcotics traffickers.

A presidential finding is required for the CIA to do things other than collect and analyze overseas intelligence. Giving spy equipment to a partner, supporting foreign political parties, planting propaganda, and participating in lethal training or operations all require a finding and a notification to congressional intelligence committees.

The counternarcotics finding had permitted the CIA and a technical unit of the clandestine Joint Special Operations Command (JSOC) to provide support to the years-long hunt for Colombian drug lord Pablo Escobar, killed by Colombian forces 20 years ago this month. It also made possible CIA-supported operations against traffickers and terrorists in Bolivia and Peru years ago.

Under the Colombian program, the CIA is not allowed to participate directly in operations. The same restrictions apply to military involvement in Plan Colombia. Such activity has been constrained by members of Congress who had lived through the scandal of America’s secret role in Central America’s wars in the 1980s. Congress refused to allow U.S. military involvement in Colombia to escalate as it had in Nicaragua, El Salvador, Honduras and Panama.

In February 2003, the FARC took three U.S. contractors hostage after their single-engine Cessna, above, crashed in the jungle near La Esperanza. A covert CIA program was launched to find them. (El Tiempo via AP)

The FARC miscalculates

The new covert push against the FARC unofficially began on Feb. 13, 2003. That day a single-engine Cessna 208 crashed in rebel-held jungle. Nearby guerrillas executed the Colombian officer on board and one of four American contractors who were working on coca eradication. The three others were taken hostage.

The United States had already declared the FARC a terrorist organization for its indiscriminate killings and drug trafficking. Although the CIA had its hands full with Iraq and Afghanistan, Bush “leaned on [CIA director George] Tenet” to help find the three hostages, according to one former senior intelligence official involved in the discussions.

The FARC’s terrorist designation made it easier to fund a black budget. “We got money from a lot of different pots,” said one senior diplomat.

One of the CIA officers Tenet dispatched to Bogota was an operator in his forties whose name The Washington Post is withholding because he remains undercover. He created the U.S. Embassy Intelligence Fusion Cell, dubbed “the Bunker.”

It was a cramped, 30-by-30-foot room with a low ceiling and three rows of computers. Eight people sat at each row of consoles. Some scoured satellite maps of the jungle; others searched for underground FARC hiding places. Some monitored imagery or the movement of vehicles tagged with tracking devices. Voice intercepts from radio and cellphone communications were decrypted and translated by the National Security Agency.

Bunker analysts fused tips from informants and technically obtained information. Analysts sought to link individuals to the insurgency’s flow of drugs, weapons and money. For the most part, they left the violent paramilitary groups alone.

The Bunker’s technical experts and contractors built the Colombians their own nationwide intelligence computer system. They also later helped create regional fusion centers to push tactical intelligence to local commanders. The agency also paid for encrypted communications gear.

“We were very interested in getting the FARC, and it wasn’t so much a question of capability, as it was intelligence,” said Wood, “specifically the ability to locate them in the time frame of an operation.”

Outside the Bunker, CIA case officers and contractors taught the art of recruiting informants to Colombian units that had been vetted and polygraphed. They gave money to people with information about the hostages.

Meanwhile, the other secret U.S. agency that had been at the forefront of locating and killing al-Qaeda arrived on the scene. Elite commandos from JSOC began periodic annual training sessions and small-unit reconnaissance missions to try to find the hostages.

Despite all the effort, the hostages’ location proved elusive. Looking for something else to do with the new intelligence equipment and personnel, the Bunker manager and his military deputy from the U.S. Special Operations Command gave their people a second mission: Target the FARC leadership. This was exactly what the CIA and JSOC had been doing against al-Qaeda on the other side of the world. The methodology was familiar.

“There was cross-pollination both ways,” said one senior official with access to the Bunker at the time. “We didn’t need to invent a new wheel.”

At the urging of President George W. Bush and Colombian President Alvaro Uribe, left, the CIA program to find the U.S. hostages began targeting FARC leaders with U.S.-provided intelligence and smart bombs. (Charles Dharapak/AP)

A request from Colombia’s president

Locating FARC leaders proved easier than capturing or killing them. Some 60 times, Colombian forces had obtained or been given reliable information but failed to capture or kill anyone senior, according to two U.S. officials and a retired Colombian senior officer. The story was always the same. U.S.-provided Black Hawk helicopters would ferry Colombian troops into the jungle about six kilometers away from a camp. The men would creep through the dense foliage, but the camps were always empty by the time they arrived. Later they learned that the FARC had an early-warning system: rings of security miles from the camps.

By 2006, the dismal record attracted the attention of the U.S. Air Force’s newly arrived mission chief. The colonel was perplexed. Why had the third-largest recipient of U.S. military assistance [behind Egypt and Israel] made so little progress?

“I’m thinking, ‘What are we killing the FARC with?’ ” the colonel, who spoke on the condition of anonymity, said in an interview.

The colonel, a cargo plane expert, said he “started Googling bombs and fighters” looking for ideas. Eventually he landed on the Enhanced Paveway II, a relatively inexpensive guidance kit that could be strapped on a 500-pound, Mark-82 gravity bomb.

The colonel said he told then-defense minister Santos about his idea and wrote a one-page paper on it for him to deliver to Uribe. Santos took the idea to U.S. Defense Secretary Donald Rumsfeld. In June 2006, Uribe visited Bush at the White House. He mentioned the recent killing of al-Qaeda’s chief in Iraq, Abu Musab al-Zarqawi. An F-16 had sent two 500-pound smart bombs into his hideout and killed him. He pressed for the same capability.

“Clearly this was very important” to Uribe, said retired Air Force Gen. Michael V. Hayden, who had taken over as CIA director just months earlier.

First, there was the matter of fitting the smart bombs onto a Colombian aircraft. Colombia did not have F-16s. Raytheon, the kit manufacturer, sent engineers to figure out how to mount the equipment on a plane. First they tried mounting it on a Brazilian-made Embraer A-29 Super Tucano, a turboprop aircraft designed for low-flying counterinsurgency missions. But affixing the cable that ran from the bomb’s computer brain to the cockpit meant drilling too close to the fuel cell. Instead, they jerry-rigged it to an older Cessna A-37 Dragonfly, a light attack aircraft first developed by the U.S. Special Operations air force for Vietnam and later used in the Salvadoran civil war.

Then the engineers and Colombian pilots tested the first of three PGMs in a remote airfield near the Venezuelan border. The target was a 2-by-4 stuck in the ground. The plane launched the bomb from 20,000 feet. “It landed about a foot from it,” the colonel said. The results were so good, he thought, “why waste two more kits?” The smart bombs were ready for use.

But White House lawyers, along with their colleagues from the CIA and the departments of Justice, Defense and State, had their own questions to work through. It was one thing to use a PGM to defeat an enemy on the battlefield — the U.S. Air Force had been doing that for years. It was another to use it to target an individual FARC leader. Would that constitute an assassination, which is prohibited by U.S. law? And, “could we be accused of engaging in an assassination, even if it is not ourselves doing it?” said one lawyer involved.

The White House’s Office of Legal Counsel and others finally decided that the same legal analysis they had applied to al-Qaeda could be applied to the FARC. Killing a FARC leader would not be an assassination because the organization posed an ongoing threat to Colombia. Also, none of the FARC commanders could be expected to surrender.

And, as a drug-trafficking organization, the FARC’s status as a threat to U.S. national security had been settled years earlier with Reagan’s counternarcotics finding. At the time, the crack cocaine epidemic was at its height, and the government decided that organizations that brought drugs to America’s streets were a threat to national security.

There was another concern. Some senior officials worried that Colombian forces might use the PGMs to kill their perceived political enemies. “The concerns were huge given their human rights problems,” said a former senior military officer.

To assure themselves that the Colombians would not misuse the bombs, U.S. officials came up with a novel solution. The CIA would maintain control over the encryption key inserted into the bomb, which unscrambled communications with GPS satellites so they can be read by the bomb’s computers. The bomb could not hit its target without the key. The Colombians would have to ask for approval for some targets, and if they misused the bombs, the CIA could deny GPS reception for future use.

“We wanted a sign-off,” said one senior official involved in the deliberations.

To cut through the initial red tape, the first 20 smart bomb kits — without the encryption keys — came through the CIA. The bill was less than $1 million. After that, Colombia was allowed to purchase them through the Foreign Military Sales program.

Secretly assisting Colombia against rebels

Raytheon’s Enhanced Paveway II is a laser-guided bomb upgraded with a GPS-guided capability, which works better against targets in the thick jungle. An encryption key inserted into the guidance system allows the bomb’s computer to receive military-grade GPS data used to guide a bomb to its target.

Anatomy of Lethal Air Operations in Colombia

First strike: In a typical mission, several Cessna A-37 Dragonflys, a light attack aircraft first developed by the U.S. Special Operations for Vietnam, fly at 20,000 feet carrying smart bombs. They can be launched once the planes get within three miles of the target. The bombs communicate with GPS satellites to know where they are at all times and to hit the target.

Bombardment: Several Brazilian-made Embraer A-29 Super Tucanos, a turboprop aircraft flown at a much lower altitude, follow the A-37s. They drop conventional gravity bombs in a pattern near the smart bombs to flatten the jungle and kill other insurgents in the FARC camp.

Gunship strike: Low-flying Vietnam era AC-47 gunships, nicknamed Puff the Magic Dragon, strafe the area with machine guns, shooting the survivors, according to one of several officials who described the scenario.

Ground units Finally, if the camp is far into the jungle, Colombian army troops are usually ferried in by U.S.-provided Black Hawk troop-carrying helicopters. Troops would collect the remains of the killed FARC leader if possible, round up survivors and gather electronic equipment like cellphones and computers that could yield valuable information about FARC operations.

A first strike

Tomas Medina Caracas, also known as Negro Acacio, the FARC’s chief drug trafficker and commander of its 16th Front, was the first man the U.S. Embassy Intelligence Fusion Cell queued up for a PGM strike.

At about 4:30 a.m. on Sept. 1, 2007, pilots wearing night vision goggles unleashed several Enhanced Paveway II smart bombs into his camp in eastern Colombia as officials in both capitals waited. Troops recovered only a leg. It appeared by its dark complexion to belong to Acacio, one of the few black FARC leaders. DNA tests confirmed his death.

“There was a great deal of excitement,” recalled William Scoggins, counternarcotics program manager at the U.S. military’s Southern Command. “We didn’t know the impact it would have, but we thought this was a game changer.”

Six weeks later, smart bombs killed Gustavo Rueda Díaz, alias Martin Caballero, leader of the 37th Front, while he was talking on his cellphone. Acacio’s and Caballero’s deaths caused the 16th and 37th fronts to collapse. They also triggered mass desertions, according to a secret State Department cable dated March 6, 2008, and released by the anti-secrecy group WikiLeaks in 2010. This was just the beginning of the FARC’s disintegration.

To hide the use of the PGMs from public discovery, and to ensure maximum damage to a FARC’s leaders’ camp, the air force and U.S. advisers developed new strike tactics. In a typical mission, several A-37 Dragonflys flying at 20,000 feet carried smart bombs. As soon as the planes came within a three-mile “basket” of the target, a bomb’s GPS software would automatically turn on.

The Dragonflys were followed by several A-29 Super Tucanos, flying at a much lower altitude. They would drop a series of dumb bombs in a pattern nearby. Their blast pressure would kill anyone close in and also flatten the dense jungle and obscure the use of the smart bombs.

Then, low-flying, Vietnam-era AC-47 gunships, nicknamed Puff the Magic Dragon, would strafe the area with mounted machine guns, “shooting the wounded trying to go for cover,” according to one of several military officials who described the same scenario.

Only then would Colombian ground forces arrive to round up prisoners, collecting the dead, as well as cellphones, computers and hard drives. The CIA also spent three years training Colombian close air support teams on using lasers to clandestinely guide pilots and laser-guided smart bombs to their targets.

Most every operation relied heavily on NSA signal intercepts, which fed intelligence to troops on the ground or pilots before and during an operation. “Intercepts . . . were a game changer,” said Scoggins, of U.S. Southern Command.

The round-the-clock nature of the NSA’s work was captured in a secret State Department cable released by WikiLeaks. In the spring of 2009, the target was drug trafficker Daniel Rendon Herrera, known as Don Mario, then Colombia’s most wanted man and responsible for 3,000 assassinations over an 18-month period.

“For seven days, using signal and human intelligence,” NSA assets “worked day and night” to reposition 250 U.S.-trained and equipped airborne commandos near Herrera as he tried to flee, according to an April 2009 cable and a senior government official who confirmed the NSA’s role in the mission.

The CIA also trained Colombian interrogators to more effectively question thousands of FARC deserters, without the use of the “enhanced interrogation” techniques approved for use on al-Qaeda and later repudiated by Congress as abusive. The agency also created databases to keep track of the debriefings so they could be searched and cross-referenced to build a more complete picture of the organization.

The Colombian government paid deserters and allowed them to reintegrate into civil society. Some, in turn, offered valuable information about the FARC’s chain of command, standard travel routes, camps, supply lines, drug and money sources. They helped make sense of the NSA’s voice intercepts, which often used code words. Deserters also sometimes were used to infiltrate FARC camps to plant listening devices or beacons that emitted a GPS coordinate for smart bombs.

“We learned from the CIA,” a top Colombian national security official said of the debriefing program. “Before, we didn’t pay much attention to details.”

FARC commander Raul Reyes in 2002 in Los Pozos, Colombia. In 2008, Colombia, with tacit U.S. approval, launched U.S.-made smart bombs into Ecuador, killing Reyes, considered to be the group’s No. 2 leader. (Scott Dalton/AP)

Ecuador and the not-forgotten hostages

In February 2008, the U.S.-Colombian team got its first sighting of the three U.S. hostages. Having waited five years, the reaction was swift at U.S. Special Operations Command headquarters in Tampa, which began sending JSOC commandos down, said a senior U.S. official who was in Colombia when they arrived.

The JSOC team was headed by a Navy SEAL Team Six commander. Small units set up three operational areas near the hostages and conducted long-range reconnaissance, the senior official said. The NSA increased its monitoring. All eyes were on the remote jungle location. But as initial preparations were underway, operations were heating up elsewhere.

Just across the Putumayo River, one mile inside Ecuador, U.S. intelligence and a Colombian informant confirmed the hideout of Luis Edgar Devia Silva, also known as Raul Reyes and considered to be the No. 2 in the seven-member FARC secretariat.

It was an awkward discovery for Colombia and the United States. To conduct an airstrike meant a Colombian pilot flying a Colombian plane would hit the camp using a U.S.-made bomb with a CIA-controlled brain.

The Air Force colonel had a succinct message for the Colombian air operations commander in charge of the mission. “I said, ‘Look man, we all know where this guy is. Just don’t f— it up.’ ”

U.S. national security lawyers viewed the operation as an act of self-defense. In the wake of 9/11, they had come up with a new interpretation of the permissible use of force against non-state actors like al-Qaeda and the FARC. It went like this: If a terrorist group operated from a country that was unable or unwilling to stop it, then the country under attack — in this case, Colombia — had the right to defend itself with force, even if that meant crossing into another sovereign country.

This was the legal justification for CIA drone strikes and other lethal operations in Pakistan, Yemen, Somalia and, much later, for the raid into Pakistan that killed Osama bin Laden.

So minutes after midnight on March 1, three A-37 Dragonflys took off from Colombia, followed by five Super Tucanos. The smart bombs’ guidance system turned on once the planes reached within three miles of Reyes’s location.

As instructed, the Colombian pilots stayed in Colombian airspace. The bombs landed as programmed, obliterating the camp and killing Reyes, who, according to Colombian news reports, was asleep in pajamas.

Above: The 2008 bombing of Raul Reyes’s camp in Ecuador sparked a diplomatic dispute. Ecuador moved troops to border towns such as Puerto Nuevo. (Rodrigo Buendia/AFP via Getty Images; Dolores Ochoa/AP)

Colombian forces rushed across the border into Ecuador to retrieve Reyes’s remains and also scooped up a large treasure trove of computer equipment that would turn out to be the most valuable FARC intelligence find ever.

The bombing set off a serious diplomatic crisis. Venezuelan leader Hugo Chávez called Colombia “a terrorist state” and moved troops to the border, as did Ecuador. Nicaragua broke off relations. Uribe, under pressure, apologized to Ecuador.

The apology, while soothing relationships in Latin America, angered the small circle of U.S. officials who knew the back story, one of them said. “I remember thinking, ‘I can’t believe they’re saying this,’ ” he said. “For them to be giving up an important legal position was crazy.”

But the flap did not damage the deep ties between U.S. and Colombian forces or deter the mission to rescue the hostages. In fact, the number of JSOC troops continued to mount to more than 1,000, said the senior official then in Colombia. Officials thought for sure they would be spotted, but they never were. A U.S.-Colombian military exercise provided sufficient cover when the International Committee of the Red Cross showed up at isolated bases and stumbled upon some burly Americans, said two U.S. officials.

After six weeks of waiting to find the hostages, most of the JSOC troops left the country for pressing missions elsewhere. One unit remained. On July 2, 2008, it had the role of unused understudy in the dramatic and well-documented Operation Checkmate, in which Colombian forces pretending to be members of a humanitarian group tricked the FARC into handing over the three U.S. hostages and 12 others without a shot fired. The JSOC team, and a fleet of U.S. aircraft, was positioned as Plan B, in case the Colombian operation went awry.

A Colombian pilot boards a Super Tucano in Bogota in 2006. Recently, Colombia has fitted smart bombs onto some of its Super Tucanos, which have been largely used to drop dumb bombs during airstrikes. (Jose Miguel Gomez/Reuters)

Santos continues the smart-bomb war

As a sign of trust, in early 2010 the U.S. government gave Colombia control over the GPS encryption key. There had been no reports of misuse, misfires or collateral damage from the smart bombs. The transfer was preceded by quick negotiations over the rules of engagement for smart-bomb use. Among the rules was that they would be launched only against isolated jungle camps.

President Santos, who was defense minister under Uribe, has greatly increased the pace of operations against the FARC. Almost three times as many FARC leaders — 47 vs. 16 — have been killed under Santos as under Uribe. Interviews and analysis of government Web sites and press reporting show that at least 23 of the attacks under Santos were air operations. Smart bombs were used only against the most important FARC leaders, Colombian officials said in response to questions. Gravity bombs were used in the other cases.

President Juan Manuel Santos, who was Colombia’s defense minister when the CIA covert program ramped up, has increased efforts to weaken the FARC. (Jose Cendon/Bloomberg)

Colombia continues to upgrade its air capabilities. In 2013, the air force upgraded its fleet of Israeli-made Kfir fighter jets, fitting them with Israeli-made Griffin laser-guided bombs. It has also fitted smart bombs onto some of its Super Tucanos.

Having decimated the top FARC leadership and many of the front commanders, the military, with continued help from the CIA and other intelligence agencies, appears to be working its way through the mid-level ranks, including mobile company commanders, the most battle-hardened and experienced remaining cadre. One-third of them have been killed or captured, according to Colombian officials.

The Santos administration has also targeted the financial and weapons networks supporting the FARC. Some critics think the government has been too focused on killing leaders and not enough on using the army and police to occupy and control rebel territory.

Killing an individual has never been a measure of success in war, say counterinsurgency experts. It’s the chaos and dysfunction that killing the leadership causes to the organization that matters. The air operations against the FARC leadership “has turned the organization upside down,” said a senior Pentagon official who has studied the classified U.S. history of Colombia’s war.

Some have fled to Venezuela. One member of the secretariat hides out intermittently in Ecuador, according to senior Colombia officials, breaking the important psychological bond with ground troops and handicapping recruitment.

For fear of being located and targeted, units no longer sleep in the same place two days in a row, so camps must be sparser. “They know the government has so much information on them now, and real-time intelligence,” said German Espejo, security and defense counselor at the Colombian Embassy. Worried about spies in their midst, executions are common.

The FARC still mounts attacks — a car bombing of a rural police station Dec. 7 killed six police officers and two civilians — but it no longer travels in large groups, and it limits most units to less than 20. No longer able to mount large-scale assaults, the group has reverted to hit-and-run tactics using snipers and explosives.

The weariness of 50 years of transient jungle life has taken its toll on the FARC negotiating team, too. Those who have lived in exile seem more willing to continue the fight than those who have been doing the fighting, said Colombian officials. The negotiations, Santos said in the interview, are the result of the successful military campaign, “the cherry on the cake.”

On Dec. 15, the FARC said it would begin a 30-day unilateral cease-fire as a sign of good will during the holiday season. The Santos administration rebuffed the gesture and vowed to continue its military campaign. Later that day, security forces killed a FARC guerrilla implicated in a bomb attack on a former minister. Three days later, the army killed another five.”

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Hey, It’s Just Business: Canucks kiss up to Colombia’s paralilitaries

By Enzo Di Matteo, originally published in print NOW Toronto | May 3-10, 2001 | VOL 20 NO 3. Found here on web.

“[L]eaders at the [Q]uebec summit of the Americas talked often and loud last week about environmental and social protections being written into any future hemispheric free trade pact. But whatever safeguards politicos are imagining, anti-globalization activists and human rights groups maintain that such measures would do nothing meaningful to improve the lot of people in developing countries.

The track record of transnationals doing business in places like Colombia, where leftist rebels have been fighting a 40-year insurgency against the government, has been particularly brutal.

There, Canadian oil companies, responsible for their share of toxic spills, mass deforestation and the displacement of peasant farmers, are raking in record profits with passing regard for eco standards or human rights.

Take Calgary-based oil and gas giant Enbridge.

The company’s OCENSA pipeline runs for 675 kilometres, from the Cusiana and Cupiagua oil fields in the Andes to the port of Coveñas on the Caribbean coast. It’s the largest in Colombia, transporting some 500,000 barrels of crude a day. Enbridge, whose earnings from the pipeline topped $30 million last year, recently bought up TransCanada Pipelines’ share in OCENSA.

The company’s record profits were front and centre when investors gathered for Enbridge’s annual shareholders meeting in Calgary on Wednesday (May 2).

In 1997, however, the company was linked by Amnesty International to a Colombian military unit being investigated “for complicity in the massacre of 15 unarmed civilians… and with paramilitary organizations responsible for widespread human rights violations.”

OCENSA’s security head had arranged for the company to buy attack helicopters, anti-guerrilla weaponry and ammunition for the military unit, which was hired privately to protect its pipeline in the north.

A director of British Petroleum (BP), part of the OCENSA consortium told a committee of British MPs probing the incident that avoiding contact with the Colombian army is not an option when doing business in Colombia.

He testified that the only military equipment purchased by the company for the Colombian 14th brigade was night-vision goggles.

The OCENSA story, though, goes deeper. The British security firm in the company’s employ until 97 was covertly gathering intelligence on the activities of locals opposed to the pipeline. More alarming for Amnesty is the fact that the company turned this intelligence over to the Colombian military, “who, together with their paramilitary allies, have frequently targeted those considered subversives for extrajudicial execution and disappearance.”

Jim Rennie, Enbridge’s manager of public affairs, offers via e-mail in response to questions from NOW that OCENSA terminated its contract with the employee behind the scheme to sell arms to the Colombian military as soon as it found out about it. (According to testimony before British MPs, the individual in question was transferred to another operation in Venezuela.)

Rennie goes on to say that Enbridge’s relations with communities along the pipeline “have always been positive,” and that “OCENSA is confident in the professionalism of those soldiers assigned to the lawful protection of the pipeline.”

“We disagree with those who argue that non-involvement in countries with problems somehow helps resolve those problems. We believe,” Rennie says, “that safely operated, efficient and environmentally responsible pipeline operations benefit everyone, and that is something Enbridge brings to OCENSA.”

Others would take exception to Rennie’s characterization of OCENSA as “environmentally responsible.”

A joint report penned by, among others, U.S. Environmental Defense, has called OCENSA “an environmental and social disaster,” a project that demonstrates how “the lack of attention to social and environmental concerns results in severe political and economic risk.”

Indeed, it didn’t take long for tensions to blow up, literally, at OCENSA in May 1998. Back then, oil workers went on strike to protest the murders of 11 people by paramilitaries. The strike was soon followed by a leftist guerrilla attack on the pipeline that also wiped out a nearby hamlet, killing 56 people and injuring 100 more.

Since the OCENSA controversy, both Amnesty and Human Rights Watch have called on oil companies operating in Colombia to adopt policies requiring military units defending their interests to abide by international human rights laws. Human Rights Watch estimates that half of Colombia’s estimated 120,000 troops are engaged full-time in protecting oil and mining installations.

Says Pablo Leal, a spokesperson for the Canadian Colombian Association, “If you geographically locate where conflicts are taking place on a map, you’ll see an enormous correlation, particularly with oil and mining activity and the movement of paramilitary groups.”

According to Amnesty’s, Keith Rimstead, “We’re not opposed to companies doing business in Colombia, but they have a responsibility to abide by principles set out in international human rights laws. If a company protecting its property hires people who then commit human rights violations, there’s a certain level of responsibility they should accept for that.”

The Organization for Economic Cooperation and Development (composed of the world’s most industrialized countries) has drafted its own corporate code of conduct for companies operating abroad. Ditto for the Department of Foreign Affairs and International trade. But they’re only voluntary. In Ottawa, department spokesperson François Lasalle doesn’t foresee that they’ll become mandatory any time soon.

“There is a debate about balancing the moral aspects of trade with the rights of companies to handle business the way they see fit,” says Lasalle. But “this is still an open society where we’re supposed to be able to do the right thing without being forced to by government. It’s a difficult call to make.”

Colombia-watchers, meanwhile, fear that increasing North American reliance on Colombian crude, particularly in the U.S., will continue to h[e]ighten the conflict.

As well, some analysts see the $1.3-billion Plan Colombia military aid package, ostensibly aimed at stopping narco-trafficking, as part of the political calculus to protect American oil interests in Colombia.

Says Asad Ismi, author of Profiting From Repression: Canadian Investment And Trade With Colombia, “What we have to ask is, “Who’s making the money?’ These policies are being pushed by industrialized countries of the North and their extreme greed for resources. They’re literally sucking the life out of these countries.”

enzom@nowtoronto.com

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