Tag Archives: Agribusiness

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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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 FARC land reform; in whose interests?

farm

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.

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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.

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

Soldados de la Fuerza Tarea Omega patrullan y revisan hoy 6 de agosto del 2009 en las selvas de Vista Hermosa  Meta , uno de los campamentos del frente 27 de las FARC, en medio de la ofensiva del Ejercito Nacional por la captura del Mono Jojoy, miembro del secretariado de las FARC. FOTO MAURICIO MORENO EL TIEMPO

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.

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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.

delacalle 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

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