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

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).

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‘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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Colombia: The Only Risk Is Having To Stay – Canadian Mining in the South of Bolívar and the Release of Jernoc Wobert

On Tuesday, August 27, Jernoc Wobert was freed by Colombian guerrillas. The Canadian geologist and Vice-President of Braeval Mining Co. had been kidnapped by the National Liberation Army (or El Ejército de la Liberación Nacional, ELN). The ELN had kidnapped him seven months ago with 3 other Colombians and 2 Peruvians.  The Latin Americans were released a few weeks after they had all been taken from Norosí in the Serranía de San Lucas in the south of Bolívar, but the Canadian remained.

As a condition to his release, the ELN demanded that the Canadian and Colombian government investigate the company in question for having allegedly taken land illegally from communities in Bolívar. On the other hand, the Colombian government, who has been negotiating a peace deal with the largest rebel group (the FARC), since November, predicated any negotiations with the ELN on his release. The ELN had previously expressed interest in negotiating with the national government, and the FARC had called on the government to also negotiate with the second largest guerrilla group. A few months ago when the eleños tried to enter the peace talks in Havana, they were turned away. Today, President Juan Manuel Santos announced that “everything is ready” for talks with the ELN.

Wobert’s release by the ELN to the International Committee of the Red Cross (ICRC, who is a neutral party in most high-profile hostage hand-overs in Colombia), was seen as a “humanitarian gesture” on the part of the rebels in order to demonstrate good faith in what could be a peace process. However, Wobert’s kidnapping (and release) are actually microcosms of much larger dynamics of the Colombian armed conflict, and of the mining investment that largely defines Canada’s relationship to Colombia.

Who are the ELN?

The ELN began in the early 1960s by radical University students who organized peasants. They were inspired by Marxism, the Cuban Revolution, and Liberation Theology. The ELN, unlike the FARC, actually have been slow to get as involved in drug trafficking. Nevertheless like the FARC, they commit crimes against humanity and war crimes such as kidnapping and killing civilians, recruiting minors/practicing forced conscription, planting land mines (which is against the Ottawa Treaty) and forced displacement. However, the ELN are most well known for their attacks against infrastructure (particularly attacking oil pipelines), which have increased this year. They are Colombia’s second largest guerrilla group.

The ELN’s political discourse and military actions against multinational investment in Colombia, particularly in the extractive sector, is part of what scared foreign investment away during much of the 1990s when guerrillas retained significant control over large parts of the country.  Like the FARC, The ELN would charge “revolutionary taxes” on businesses (vacunas), threaten and kidnap large-land owners and company executives, and would carry out infrastructure attacks.

A significant proportion of the counterinsurgency campaign of the paramilitaries and the army directly preceding and during the government of ex-President Alvaro Uribe Vélez (2002-2010) was to “pacify” regions so as to make them safe enough to encourage foreign investment. For example, a main focus of Plan Colombia was securing the Limón-Coveñas oil pipeline which had been attacked on several occasions by the guerrillas.

The ELN is currently in dire straits; it was weakened by the counterinsurgency much more than the FARC and they have currently between 2-3,000 fighters. There are few parts of the national territory  where they are the dominant armed group (oil-rich Arauca, for example), and many see the ELN now as a spent force who is desperate for a negotiated settlement out of the armed conflict.

The Serranía de San Lucas, where Wobert was taken, has been disputed by the ELN, the army, and the paramilitaries for decades given its geostrategic significance.  Over at the Tyee, Colombian journalist Sebastian Salamaca writes:

“[The ELN] decided a good place to start a revolution was the Serranía de San Lucas. Its rugged geography and lack of state presence made it ideal for organizing and gathering strength.

It took 20 years for them to control the area. By the 1980s, the ELN dominated the region. Their mixture of Marxism, liberation theology, and community activism helped them win the partial support of the population. They also regularly violated international law by blowing up pipelines and taking hostages.

In the late 1990s the ELN faced a potent foe, as Carlos Castaño, head of the far-right paramilitary forces in Colombia, or AUC, made it his obsession to take back the territory from the guerrillas.

The AUC knew about the strategic importance of the Serranía: whoever controlled it would profit from the massive cocaine traffic to the Caribbean and the huge gold deposits that were being discovered. Moreover, seizing the Serranía would ensure access to the largest watercourse in Colombia, the Magdalena River.”

What is Canada’s history in the South of Bolívar?

The Coastal department of Bolívar

In an earlier post I remarked how the Canadian government, through funding the Canadian Energy Research Institute, helped re-write and liberalize Colombia’s mining code in 2001.

In Francisco Ramírez Cuellar’s “The Profits of Extermination”, he also outlines how in the Serranía de San Lucas in the South of Bolívar, in land that was initially titled to a local elite family, over 90 mining associations started to work the land through artisanal practices. Under Colombian law, if land is unused by the owner but is being used by someone else, technically, artisanal miners for example have up to two years to ask for titles to that land. Around the early 1990s, a Canadian mining company (then called Conquistador mines) became interested in the gold-rich area.

According to Ramírez, they hired a lawyer to negotiate the land with the small-scale miners on behalf of the Illeras-Palacios (the family who claimed the land). This same lawyer, interestingly, helped draft the 2001 mining code with CERI. After a visit from the Minister of mines, the artisanal miners backed away from negotiations and they gave the land to the mining company.

In 1997, the paramilitaries of the Peasant Self-Defence Forces of Córdoba and Urabá or the ACCU, who would later become the AUC, came to the Serranía. Their stated reasons for doing so were to control the mines, to get rid of miners who were “collaborating with the guerrillas”, and “guarantee the entrance of multinationals who would create jobs”. The paramilitary incursion destroyed over 10 towns in the region, massacred over 400 people, raped both men and women, and left several supposed “guerrilla collaborators” dismembered. Until 2008 over 94,000 people were displaced from the region because of the violence.

It is also worth noting that the Congressman representing the region at the time of the deal and the drafting of the new mining code has since been investigated for having ties to paramilitary groups.

Braeval and Conquistador mines are not the only Canadian companies with interests in the south of Bolívar. B2Gold, a Canadian gold company in the region, claims that it can only operate there with guarantees of security from the Colombian army. As mentioned in a report by Interpares and Mining Watch Canada, the Vice-President of B2Gold has said that non-indigenous communities have no right to reject mining projects on their territory, and alarmingly, that FEDEAGROMISBOL had been “contaminated” by guerrillas. As any student of Colombian history will know, these kinds of accusations can lead to violence against FEDEAGROMISBOL by state security and paramilitary forces (which is what has occurred).

What do the locals think? 

This informative report from Colombia Informa which interviewed community members and associations in the south of the Bolívar state gives an idea into what perceptions were on the ground of the kidnapping and the release of the Canadian executive.

The Agro-Mining Federation of the South of Bolívar (FEDEAGROMISBOL) is an umbrella organization which represents 34 associations of small-scale farmers and artisanal miners in the region has for years been stigmatized as being sympathetic to the guerrillas by the army and the paramilitaries (and has consequently suffered violence against its members). Nevertheless, the group actually had put out a communiqué which rejected the kidnappings carried out by the ELN of the miners and emphasized the release of the Colombians who appeared to be members of FEDEAGROMISBOL. They also said that the kidnappings were “a direct consequence of the indiscriminate natural resource exploitation policy  promoted by the Colombian government, affecting the south of Bolívar and of the handing over of our natural resource to large transnational capital”.

The locals they interviewed emphasized how the kidnapping of the Canadian by the ELN made life more difficult in the region as it invited increased repression from the government security forces. Some community members say that they supported the actions of the ELN, as it “halted the [government’s] mining development plans”, and who felt that this development plan is more for the benefit of multinational companies than their communities who have always been marginalized by the national government.

Other community members expressed their opposition to the kidnapping, saying that it furthers the stigmatization of local community organizing as being complicit or supportive of the guerrillas. Others mention how one of the reason two FEDEAGROMISBOL members were kidnapped was because they were helping the foreign miners behind the backs of the community.

Other community members mention how FEDEAGROMISBOL was able to win more than 10,000 hectares of land from the Lleras-Palacios (the local elite family mentioned earlier) through “pure social struggle”, but that speaking out was extremely difficult given the intense military and paramilitary repression to community organizing and dissidence.

Why was Wobert kidnapped and why does it matter?

Whereas the Colombians and the Peruvians were let free relatively soon, Wobert was kept by the ELN until Tuesday (he had been kidnapped since January), because he could have been a bargaining chip at any eventual peace talks (or even, the key to starting a dialogue). At the same time, the ELN rejects the presence of foreign extractive companies in Colombia, who they see as imperialists, and therefore wanted to retain Wobert until Braeval gave up its mining titles in the region.

Braeval actually has since renounced its four titles in the region; the company’s press release however did not mention the kidnapping.

The ruthless paramilitary expansion in the early 2000s in the region left many with the impression that the region had effectively been pacified, and that although in the most remote areas the ELN remained, the Serranía was perceived to be relatively safe for investment.

Despite the fact that a Colombian government report study which says that industrial mining should not occur in zones of armed conflict (such as the Serranía) junior-based mining companies (who are often Canadian, and are the most likely to take on very risky projects) continue to explore Colombian communities that exist in a context of extreme physical and social vulnerability.

The Canadian government, with its naming of Colombia as a priority for CIDA aid, and the Canada-Colombia Free Trade Agreement (CCFTA), is keen on having a stable (or “pacified”) Colombian countryside in which our companies can extract resources without being threatened. By the same token, the government of President Juan Manuel Santos has made resource extraction a pillar of his national economic development strategy. Wobert’s kidnapping is  a reminder that despite the strength of the paramilitaries and the Washington-funded Colombian army, the guerrillas, despite their losses, can still be a threat to multinational investment, and that Colombia is not as “safe” or “open” for business as it might seem. Kidnappings did not end with Uribe’s “Democratic Security”, and they probably won’t end with Santos.

The logical inverse of this premise (that the guerrillas are still a threat to investment), is that more pacification/repression of the guerrillas is necessary. Indeed, when Wobert was kidnapped, the Colombian government responded by sending 600 troops to the region. Wobert’s kidnapping reminds us that the steps of foreigners in Colombia’s most fragile and violent parts may provoke actions and counter-reactions by armed groups looking to show their dominance in any given region. And more of then than not, these struggles will take place on the backs of civilians (and sometimes in the name or interest of investment). As this Semana report notes, they allege that some companies have signed security/protection deals with the Colombian army, and that artisanal mining opponents to the investment of multinationals, particularly members of FEDEAGROMISBOL, have been systematically murdered.

Therefore, in this context, it must be asked whether Canadian mining investment in Colombia is worth the risk both that it poses to the Canadians who go to Colombia in search of resource riches, but more importantly, to the Colombians who call those communities home and ultimately have to live with the consequences of the instability and repression that mining investment might provoke.

Colombia-FARC Land Reform; in whose interests?

The third and final part of a series I did critically analyzing the Agrarian Reform agreement that came out of the peace talks in Havana between the FARC-EP and the government of Colombia. This was originally published on Saturday, June 1st over at Colombia Politics. 

I also thought it was important to add on a bit about the Zonas de Reserva Campesina/the Autonomous Peasant Zones, to contrast the deal between the government and the rebels with a peasant perspective.

Colombia´s government and the rebel guerrilla group the FARC last week signed an historic agreement on land reform as part of the peace processs currently underway in Havana, Cuba. Over the last few days I have looked at the detail of this agreement and analysed the historical context of previous violent and failed attempts at land reform in Colombia. This third article looks at the possible interests at work behind this reform.

So whose interests does this reform serve?

Supporters are correct, this reform would never be able to pass in Colombia’s extremely conservative, oligarchic, co-opted, and paramilitarized democracy.

For some, this negotiation represents an opportunity for a social transformation that is as necessary as it is impossible in Colombia’s political system.

Of course the ultimate goal of the talks in Havana is a demobilization of the guerrilla force, but the FARC did not appear out of thin air, and they are the (some would say misguided/arrogant) product of centuries of marginalization of the peasantry.

So will the Agrarian Reform not only reform land, but the power relationships which keep the Colombian peasantry in a state of displacement and exploitation?

Economic Interests

Firstly, the deal says that land will not be taken from those who have acquired their land “legitimately”. But…

Much of the violently expropriated land has the paperwork to prove its legality; the former AUC paramilitary leader Vicente Castaño´s African Palm Oil cultivations, for example.

And the logic of this reform is contradictory. It assumes the “legal” concentration of land (which even before paramilitarism, and even La Violencia, was soaked in violence) is some how ethical or tolerable.

The government will not go after land owners who have gained their wealth “honestly”, but this surely goes against the philosophy of the President’s landmark Victim’s Law which has a reverse onus of proof (the land owner has to prove that the land was acquired through legal means).

Agrarian Reform for me will also have very little impact when we consider the rise of Free Trade Agreements, which appear to be the new economic threat to the Colombian peasantry.  Colombian exports to the US have already decreased, but Colombian imports from the US have increased.

How is the Colombian peasant supposed to compete against heavily subsidized Canadian, American, and European agricultural goods?

How is the Colombian peasant supposed to protect their land from Canadian, American, and British mining corporations?

The answer is that he is “encouraged” to become a part of agribusiness.

The Agrarian Reform promotes a more “productive” countryside and  food security” but it says nothing of food sovereignty which the Colombian peasant movement has been struggling for.

For whom is the countryside supposed to be more “productive”? Who will gain – rural Colombians, the majority of whom live in poverty, or European, American, and Canadian consumers of coffee, roses, bananas, and palm oil?

One of Colombia´s leading political publications La Silla Vacia argues:

“Agribusiness will win because – if one day these accords are implemented – there will finally be a real land market in Colombia, something vital for global competitiveness”.

A reform for the few not the many, but why?

So if the reform instead of being transformative is in fact for the benefit of the business class why was this?

I believe it is a question of democracy, representation and power.

First – the only people who get heard are those at the table.

The FARC leadership is represented by Ivan Marquez, Pablo Catatumbo, and Andres Paris, among others, while the government has brought together the Bogota elite, with former Vice-President, Supreme Court Magistrate, and architect of the 1991 constitution Humberto De La Calle; Sergio Jaramillo, who was Santos’ right-hand man as Defence Minister and is seen as one of the chief planners behind Uribe’s “Democratic Security” counter-terrorism strategy; Oscar Naranjo and Jorge Mora, representing the Police and the Army, respectively; and of course, Luis Carlos Villegas, President of the National Association of Entrepreneurs, who’s daughter had once been kidnapped by the FARC.

So, who is not at the table?

Afro-Colombians, indigenous people, displaced people, people representing victims´ groups, the peasantry, working people, women, refugees, youth/former forced combatants, and most importantly  people representing the communities which still live under the occupation of the FARC guerrillas. In short anyone that either doesn’t represent the Colombian political and economic establishment, the State institutions of violence, or armed rebels.

Santos and the FARC really don’t have any broad support.

Meanwhile the true holders of power when it comes to the land issue is the landed elite represented by the association of cattle-ranchers, FEDEGAN, and their President Jose Felix LaFaurie, and, of course Alvaro Uribe. But Uribe, LaFaurie, and the uribista land-owning class have vehemently opposed the talks, let alone influence the decisions made at the table.

So at the peace table, no one really has any legitimate mandate to say anything on behalf of “Colombians”.

Sure, civil society has been “consulted” within the peace process, having the opportunity to send in proposals to the negotiators online, through forums in the capital, or regional initiatives for peace, but is this anything more than just tokenism?

There is talk of the FARC wanting to create a Popular Assembly to ratify any Peace Agreement, while the government says it is committed to holding a referendum, but even this does not give the Colombian people a proper voice. The choice will be a false one. Either support an imposed peace or we´re going back to war.

Colombian peasants however, understand the deep contradictions within the process and are actively struggling to change it.

The agreement seeks to “invigorate” the Zonas de Reserva Campesina, “Peasant Reserve Zones”, areas which peasant lands were to be protected from activities detrimental to the small-scale land economy such as mono-cultives, mining, and the concentration of land. So far there are only 6 in the country, and the Minister of Agriculture Luis Camilo Restrepo has criticized them as “little independent republics”. Under Uribe, they were stigmatized as “zones of subversion”.

The Association representing the zones and 50 peasant organizations across the country, ANZORC, held a national conference with thousands of peasants in San Vicente del Caguan (site of the failed 1998-2002 negotiatons with the FARC), in which they elaborated their visions for their own future concerning mining and energy policy, coca eradication and crop substitution, the financing of their economic plans, and their relationship to international development organizations. They invited government representatives to their policy conference, and tried to connect with Havana through the internet, hoping to be heard at the negotiating table. The FARC were present as unfortunately, these zones are in areas that have traditionally been under guerrilla control. They are also asking for political and cultural recognition of their communities, autonomy so they can manage them, and for a consideration of alternative forms of economic development. ANZORC has also emphasized that they do not want hand-outs/”assistencialism”, but instead they want the power to make decisions over their own development.

An historic agreement after all?

The Agrarian Reform agreement may indeed be historic. It is a positive sign that this time around the FARC are serious about a negotiated settlement.

The true root causes of the conflict – the relationship between the different classes of Colombia to land, and of that tension to armed violence – however, has only been partially addressed.

The voices of those most affected haven’t really been heard at the table.

The government and an echo chamber of journalists, pundits, politicians, and others are claiming that this will be a sustainable solution to the issue at the root of social and political conflict in Colombia.Yet it seems that this agreement is far from transformative – it does not subvert how power works in Colombia, but instead reinforces it.

The government, through the negotiations in Havana, represents those Colombians who apparently are the only ones who have ever mattered in its eyes – those with land or guns.

FARC agreement: Colombia´s history of violence and failed agrarian reform

This is part two of three looking at last week’s so-called “historic” Agrarian Reform agreement between the FARC-EP and the Colombian  government as part of Peace talks in Havana. Here, I take a look at Colombia’s history of failed agrarian reforms. This was originally published on May 30, 2013 over at Colombia Politics.  If you want to know more, I strongly recommend that you check out this an analysis of land concentration in Colombia by Ana Maria Ibanez and Juan Carlos Munoz from the University of the Andes.

Colombia´s government has signed an agreement with FARC guerrillas for agrarian or rural reform as part of the peace process currently underway in Havana.

On Tuesday I looked at the detail behind this accord, today I turn to history for the lessons we can learn from failed attempts at land reform in Colombia.

Colombia´s land; in the hands of the few, not the many

Like in many other Latin American countries, or post-colonial oligarchies/plutocracies, the wealth that comes from the land has been violently concentrated through different processes (genocide of indigenous peoples, colonialism, the encomienda system, agrarian reforms gone awry, free trade agreements/neoliberalism, and of course armed counter-agrarian reform/socio-political violence) for the last 500 years or so.

For historical reasons and due to the armed violence, however, Colombian rural inequality is particularly stark. 

An astounding 52% of the land is owned by 1.15% of the population. The rural GINI coefficient (the standard measure for inequality among economists) is 0.85 (where a 1 means complete inequality/where one person owns everything). Only a fifth of the potentially productive land is actually being put to use.

Colombia is by no means a naturally unequal place. So, how did we get to to this point?

I don’t want to give a history lesson, but I think Sunday’s agreement between the FARC and the Santos Government is not just a deal within it itself, but represents a significant shift in a process of popular (often armed) mobilization for agrarian reform, and counter-mobilization and concentration by the elite.

This process refers not only to Colombia´s current violence (the 49 year long war and humanitarian disaster) but also a defining aspect of the entire way the nation has been organized since the encomienda.

The history of land concentration

Initially, land was organized around the idea of owning the land that one worked (or had workers on). Later, Spanish colonial government allowed private buyers to purchase government estates, and in 1821, the government allowed the direct transfer of public land into private hands.

Under the colonial regime, land belonging to the Church or to indigenous communities was nominally protected from colonization. However, these rights were abolished for indigenous reserves in 1810, and for the Church later on.

The legalization/formalization of uncultivated public land (baldios) was handled by a government who was (much like today’s Colombia) run exclusively by the elite, leading to the creation of even more large estates for the wealthy.

Land, as a way of avoiding taxes, fighting inflation, and building credit, made it an asset which was more valuable than just what it was able to produce, making it (like in most places) one of the most coveted assets by the elites, leaving little for the landless/popular classes.

The colonization of the Colombian territory saw small-scale peasant farmers pushed off their land, forced to move into more marginal areas which they would then make productive. The landed elites would then (often forcibly) push them off of this land, and in the process expanding their territory and further consolidating its ownership.

The peasants, now landless, would move deeper into the jungle/territory/mountains looking for land. This process to a certain extent still occurs today.

A peasants´ revolt?

By the 1920s, peasants organized themselves and went on the offensive. The elites in turn responded with more displacement. This social conflict resulted in the Agrarian Reform of 1936, which because of faulty implementation (and Colombia being a Plutocracy), resulted in the formalization of property again benefiting the elites.

The Landed Oligarchy, sick of having to deal with subversive peasants, also looked for ways of making the land productive by having more capital than labour, leading to the rise of cattle-ranching.

The class warfare was only exacerbated by La Violencia  the civil war between the two political factions representing different sectors of the elite (the Liberals and the Conservatives). Forced displacement became an extremely common practice, and the standard method for resolving disputes over land given the general absence of the state in many rural or peripheral areas of the national territory.

In response to this crisis, in 1961 President Carlos Lleras Restrepo attempted a land reform through Law 135. Nevertheless, again, formalization and the granting of public land led to more concentration.

Only 1 per cent of the land was expropriated from the elite, and most of what was expropriated was poor or low-quality land. Ironically, as the government was promoting land reform, it was simultaneously giving large land owners the benefit of subsidies and tax incentives to increase production, increasing the value of their land, and making expropriation more difficult.

Rise of the narco-bourgeousie

From the 1970s to 1984, the rise of the “narco-bourgeousie” and their desire for land led to the decomposition of large estates, and the consolidation of medium-sized ones.

But while the armed counter-agrarian reform of the expansion of paramilitarism, as well as the booming cocaine industry which laundered much of its wealth in large estates reversed this trend, it also introduced drug trafficking into the historical trend of violent conflict between peasants and landed oligarchs.

In 1994, President Cesar Gaviria Trujillo tried another land reform with Law 160. Instead of focusing on formalization or expropriating land from the elite and redistributing it to the peasantry, however, it worked on the transfer of property through market mechanisms, where by the government would supposedly subsidize 70% of land bought by peasants from land owners.

However, as is evidenced by the case of the women of the Enchanted Valley, a group of displaced women who tried to purchase some land through this scheme and are now not only menaced by armed groups but also by debt collectors, the deal was only real in the halls of power in Bogota.

Paramilitarism resulted in the violent expropriation of 1.8 million hectares of land, or 2.5 times more land that had been re-distributed through the latest agrarian reform.

How different will the FARC, Santos Government reform be? 

The Agrarian Reform thrashed out in Havana runs the risk of not being very different from previous failures. This is particularly true of  how the process of “formalizing” land title (as the current agreement with the FARC seeks to do) usually is used by rural elites for their favour, and not for landless peasants.

But this reform forms part of a larger peace deal which is suppose to be transformative for Colombian society, and so the stakes are higher.

Have Paramilitaries entered where the state hasn´t bothered to go? 

Sure the “New Colombian Countryside” deal sounds promising, but will it run the same risk as the 2011 Victim’s Law (Law 1488)?

Countless courageous community leaders in places like El Choco and Cordoba have been threatened or murdered by neo-paramilitary groups simply for advocating for their land rights.

In Cordoba, there is even a neo-paramilitary group that has deemed itself the “Anti-Restitution Army“.

This resurgence of armed agrarian counter-reform (or perhaps, a consolidation that already took place during the height of the AUC paramilitaries), shows that when it comes to land in “The Other Colombia”, not much has changed in 100 or even 200 years.

The government´s apparently noble policy of trying to help the most disenfranchised in Colombian society is fine, but both the fact that the State is co-opted by the elite, and that the state has no little to no legitimate presence beyond the military in “The Other Colombia”, means it has neither the mandate, authority, or capacity to carry out these reforms.

The State can’t re-distribute land in places it has never bothered to show up for.

Towards Peace and A New Colombian Countryside – But by whom and for whom?

The first in a three part series I wrote about the latest agreement on Agrarian Reform in Havana between the FARC and the Colombian government as part of the Peace talks. This was originally published as a contribution to Colombia Politics.

Chief government negotiator Humberto De La Calle.

Sunday was another historic day in Colombia’s 49-year war, as it marked the first substantive policy agreement reached by the oldest and strongest guerrilla force in the Western hemisphere, the agrarian and Marxist Revolutionary Armed Forces of Colombia-The People’s Army (The FARC-EP or FARC) and the national Government.

The agreement, on land reform, was the first point out of five on the agenda of peace talks currently taking place in Havana. The government and the FARC press release said that this reform is leading towards a “new Colombian countryside”. Over the course of three articles I will look in detail at what this means, what we can learn from history and whose interests are at work.

“What we have achieved with this agreement will begin radical, equitable, and democratic changes in the rural and agrarian reality of Colombia.  It´s centred around the people, the small producer, access and distribution of land, the fight against poverty, the stimulation of agricultural production and the rejuvenation of the countryside’s economy” – FARC and Government negotiators.

So what actually was agreed?  The text isn’t public, and nothing is final until all of the points/the entire process has been agreed upon. However, according to the President’s press office, the agreement is centred around four main pillars:

1. Increase use of, and access to land by the creation of a Land Fund which will give land to peasants who either have none or “too little”. Land for the fund will come from land that has been “acquired illegally”, and that the vast majority of people in the countryside “should not fear” their land being touched if it was acquired legitimately.

Santos said that he hopes to create judicial guarantees to defend the land rights of the smallest and most “defenseless” peasants.

In a press conference, the FARC added two additional points here that they would like to see:

1) That land for the fund should not only come from properties which were the site of displacement and violence, but also land that is related to drug money, state properties, and large unproductive estates, with “priority” being given to peasants and women.

2) That social and environmental limits be placed on the production of hydrocarbons, agribusiness products, open-pit mining, biofuels and the creation of hydro energy projects.

2. Create specialized development programs in the regions where they are most needed.

3. Promote social programs and infrastructure in all of “rural” Colombia. By this, the Colombian head of state meant for national plans that would “radically reduce poverty and extreme poverty” such as irrigation, health, education, roads, potable water, housing, and social protections.

4. Increase food security. The government said that this will focus “on the most poor” and making the countryside “more productive”.

The President noted that a comprehensive land reform is necessary in order to prevent further conflicts. In a point that may generate much controversy among the landed elites is that the agreement will seek to “limit the agricultural frontier” (delimitar la frontera agricola).

The agreement also nodded at other points on the agenda, particularly the rights of victims to effective reparation, as it “seeks to reverse the effects of the conflict and to restitute the victims of forced removal and displacement.” For a more substantive breakdown of the sub-points, policies, and mechanisms of the agreement, please check out Dr. Virigina Bouvier’s recent thoughts.

It also bears mentioning that the agreement seeks a mass formalization/legalization of rural property in Colombia, given the immense amount of informal ownership among the peasantry, reaching 49% generally.

Reasons for optimism?

From a purely humanitarian perspective, the  fact that the FARC and the government seem to have agreed on what has historically been one of the most contentious issues between Leftist/armed popular movements in Colombia and the Establishment makes me confident to say that this time around, if everything stays the course, the FARC will probably demobilize.

Concessions from the FARC?

Even though the FARC´s rhetoric is to ask for more than they will get, the insurgents have clearly moderated their demands, a first in decades.

In their 1982 Congress, the increasingly strong FARC-EP passed their “Law 01″ in which they explicitly ask for the abolishment and expropriation (by them) of all large land estates, land used for mining, bananas, wood, by multinationals etc. Until Sunday, a socialist/anti-capitalist agrarian reform has been their main policy position in previous negotiations.

Is peace near?

We should not confuse the government discourse about “peace” with the demobilization of the FARC.  Even without these marxist rebels there are still the neo-paramilitaries, drug cartels, the ELN, to say nothing of the absurdly high levels of violence related to “common” crime.

However, disarming Latin America’s oldest and strongest insurgency would put a significant break on the violence. No matter what one thinks of the talks, the prospect of a Colombia without the FARC is something that would be worth many concessions (and the government seems to agree).

There has been much celebration in the Colombia and abroad, both in the media and among politicians and civil society. Semana, one of the country’s most influential news magazines, called the reform “an agreement which could settle the State’s debt to the countryside” and American Vice-President Joe Biden also lauded Colombia for the seemingly historic agreement.

It must be noted where this protracted negotiation leaves the peace process, as the clock is ticking. The first point on the agenda was was the most substantive, probably the most divisive only after the question of amnesty, and really the heart of not just Colombia’s armed conflict, but of inequality more generally.

This was no accident as the rationale was to get the most difficult point out of the way, and then sail through the other four (political participation, disarmament/’the end of the conflict’, drug trafficking, and reparations for victims),   which were set out in the pre-agreement/terms of negotiations last summer.

Although peace is not built in a day, the talks are already six months old, and the government has repeatedly said that it will get up from the table in November of this year. Many see this as putting the pressure on the insurgents to show some true commitment and adding dynamism to the process, in contrast to the four-year long fiasco of the Caguan negotiations.

Others argue that the deadline is related to the electoral calendar as Presidential elections will occur in 2014, and if they succeed in a timely manner, would allow Santos to use peace with the FARC for his re-election. It bears mentioning that for their part, the FARC have recognized the slow pace of the talks and have requested for more time.

Tomorrow I’ll look at the agreement from a historical perspective.

Simon is the owner of the website The Banana Plutocracy

Photo, El Tiempo