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.

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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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War is Development by Other Means: What the latest displacement numbers aren’t telling you

“If the war is a continuation of economics by other means…[then] in Colombia, arms, independent of who wields them, serve the promotion of a social logic of development…” –  Carlos Rosero

This week Colombia was back in the headlines, as a fact that was known nationally for a while now finally made it into the Anglophone mainstream. The International Displacement Monitoring Centre gave the South American nation the unfortunate distinction of having the world’s largest population of internally displaced people, at 5.5 million in its annual report in displacement. Another notable is clearly Syria, who has the fastest growing population of uprooted people, 3 million of the nations 22 million people, and the conflict in the eastern Kivu provinces of the Democratic Republic of the Congo which also displaced 2.4 million after an increase in violence last year that continues today.

The 5.5 million number comes from one of Colombia’s most respected national NGOs, The Consultory for Human Rights and Displacement known by its Spanish acronym CODHES. For decades, the government has claimed that the displaced population in Colombia figures between 3.5-4.9 million, and CODHES has claimed that this number is a gross underestimate, often citing the IDP population at 5.4 million since 2011. Nevertheless, the UNHCR and the Colombian government have slowly started to recognize the value of CODHES methodology, and in so doing their estimates of the IDP population have consequently increased.

These numbers speak volumes to the fact that forced displacement in Colombia, as one of the main forms of violence used by armed actors (and, to a certain extent, one of the few survival strategies of communities) is central to the Colombian conflict and cannot be seen as a consequence/collateral damage of a political issue (the war) but a political, social, and humanitarian issue in and of itself. The numbers also evidence the centrality of controlling territory to the strategies of armed actors (more on that below).

In their annual report, which has been picked up by some media, ‘Columbia’ receives a scant 6 pages despite having the largest population. However, IDMC does recognize challenges with the Victim’s Law (which is trying to provide land restitution to IDPs), and that 230,000 people were displaced last year/although far  from its peak of millions a decade ago, displacement continues to be a very real and present issue.

There is quite a lot that the numbers and supposedly expert analysis from the IDMC and the Norwegian Refugee Council aren’t telling you though.

Firstly, the numbers are somewhat meaningless in an international sense. There is no point in having a sensational “Displacement Olympics” in which Colombia is the gold medal winner and Syria is a rising contender. Although the country’s international image which in terms of security is largely constructed around drug trafficking and kidnapping makes displacement an invisible crisis, comparisons are a bit dangerous. For many years, Colombia was cited as having “the world’s 3rd largest” IDP population after Sudan and Iraq, and then the second only after Sudan, and now Colombia is the undisputed champion. In the early 2000s, when violence was at its height, being the nth country on the list in comparison to Iraq, Afghanistan, or Sudan would have been cold comfort to the millions of people who were violently being uprooted every year from their homes.

Any displacement is too much displacement and we have to think about the way we talk about nations in the Global South. If ‘just’ 50,000 were displaced by war next year in Canada, that would give a lot of people pause. Why are millions of displaced in countries/regions associated with war seen as somehow natural or different?

Secondly, the oft-cited 3.5, 3.9, 4.5, 5.4, and now 5.5 million figures when it comes to displacement in Colombia actually only begin counting from 1985 to the present day. This manifestation of war began in 1964. Therefore, there are literally 20 years of war whose effects on displacement we really don’t know about.

Thirdly, Colombia’s large (and sensationally constructed) displaced population often obscures the fact that between 500,00-1 million Colombians left the country as refugees mostly to Venezuela, Ecuador, Spain, the US, and Canada. If you count these, the number of people who have left their homes due to violence in Colombia is closer to 6.5 million.

Fourth, there is a much larger point about how we conceptualize and consequently prioritize certain kinds of violence. Countless not only Colombians, but Latin Americans, Africans, and many others are currently being displaced by the development of large extractive/mining projects and mega-infrastructure projects. Furthermore, the large amount of violence currently occurring in Mexico and Central America which has displaced thousands is considered criminal, and not political/not related to war. The neo-paramilitary groups, known by the Colombian government as “BACRIM”/criminal bands, are (in my view incorrectly) being framed as criminal actors, and not stakeholders in the political and social armed conflict, and therefore their victims are not entitled to the same reparations which people dispalced by the FARC-EP, ELN, or the Army are.  For example, all actors in Colombia’s conflict are involved, in different ways and proportions, to drug trafficking and mining.

So we have to ask ourselves, why are we being so narrow as to focus on “displacement caused by war”, as if we can define when political violence ends, and criminal and economic violence begins, and as if one is more pressing than another. Therefore, the numbers presented by IDMC represent only a very particular type, and fraction, of the general problem of powerful actors creating insecurity and fear leading to forced migration. Although they nod to the displacement created by these neo-paramilitary groups with an ambiguous political status, the media has framed these as displacements due to traditional understandings of what constitutes war or political violence.

IDMC’s analysis also features the gendered, racialized, classist, and anti-peasant dimensions of forced displacement. Displacement in Colombia disproportionately affects Afro-Colombians and  indigenous peoples (who live in rural areas, typically rich in resources and coveted by armed groups), people who are lower-class (94% of IDPs are poor, although many are impoverished due to displacement), people who are peasants or live in rural areas (although intra-urban displacement is becoming a growing phenomenon). Displaced people are disproportionately single women with children.

However, the report does not mention how many indigenous people are displaced to other indigenous communities, or in areas so remote, that their experiences are often not captured by official records. Moreover, the report, although recognizing that forced migration effects indigenous and Afro-Colombians in particularly, it does not mention the unique relationships of these groups’ respective identity to the territory in the rural context and how displacement from the rural land to the city is often also a process of cultural and social alienation, exacerbating the sense of loss in terms of identity, territory, autonomy, and culture. Furthermore, many Afro-Colombian intellectuals and activists have considered displacement not as a part of war, but as another manifestation of the violence of colonialism which displaced them from Africa, enslaved them in the Americas, and is now again displacing them for their territory in Colombia.

The number also isn’t telling you about how individuals who we have dehumanized under the decontextualizing, technical, and sanitized label of “internally displaced person” or “IDP” (desplazado in Colombia) are subjects with agencies and individual stories. Many Colombians have never been displaced. Many more have been displaced multiple times in their lives. For many, the word “IDP” or “displaced” leads to a stigma of being not only a victim, but associated with the war. In Colombia there is the very ugly prejudice that if someone was displaced, “it must have not been for no reason”. Many communities and people who are displaced, like all of us, have strong ties to their neighbours, friends, territory and social world in which they inhabited, all which are violently unmade by  displacement. Forced migration has to be understood as a very human process of displacement in which one’s social relationship  to geographic space and others is traumatically broken.

But the label is also dehumanizing in that it only sees the displaced person as an object to be effected by armed groups, an obstacle in the crossfire. Nevertheless, people in Colombia (and elsewhere) are subjects and many of them after being displaced actively advocate for their rights and demand justice. However, the demand for restitution of land by survivor’s groups coupled with the Colombian state’s denial of the continuation of paramilitarism has resulted in leaders and representatives of displaced communities being among the primary targets for selected assassination and threats by armed groups. Again, displacement is therefore an issue central, and not collateral, to violence. The IDMC report does mention that in 2004, the Constitutional Court considered the murder of these advocates to be ‘crimes against humanity’.

The final, and in my view, most important thing that forced displacement is about how the Colombian conflict is intimately tied to, some would even say caused, by a need to control land and the political and economic opportunity which it represents.

The report cites “internal armed conflict” and “criminal violence” as causing displacement, as if these do not intertwine and as if these exist in a vacuum isolated from the social world of politics, economic development, the interests of the plutocracy, social movements, and other factors.

Although forced displacement due to armed conflict becomes hypervisible to us in the West and Global North given its humanitarian (and sensational) nature, the root causes of much of this violence becomes invisible because it enables our economic development. The Canadian Pension Plan (CPP) invests in mining companies who are allied with neo-paramilitary groups who displace. Therefore, displacement is not a side-effect of a war which we seldom understand and only see glimpses of through our television screen in Canada, but it is actually necessary for our way of life.

As Colombian-American Anthropologist Arturo Escobar says, displacement is constitutive of capitalist economic development. More land is perpetually needed to fuel growth, and the people living on that land are an obstacle to that development if they are not aligned with it. It bears mentioning here that one of the “economic engines” of President Juan Manuel Santos’ development plan is mining, which has been very much tied to paramilitary displacement. Multinational corporations in the form of mining and agribusiness, drug traffickers, and cattle ranchers, all have a vested stake in having the Colombian land without the people on it.

Many rural displacements, which occur in ‘The Other Colombia’ where a lack of state presence led to the incursion of the insurgency, and then the counterinsurgency, are in areas where the state has only recently appeared, and now sees the riches which the land offer for ‘development’. Livelihoods and ways of being which are counter to the nation-building economic project, which perhaps benefits more Urban Colombia than Rural Colombia, such as fishing, subsistence agriculture, artisanal mining, are displaced to make way for large-scale mega-projects that fit within the logic and supposed rationality of extractive capitalism. Displacement needs to occur to let the nation-state develop since Colombia for a long time was an unconsolidated state; displacement is the violent resolution of the tension created by the different social philosophies of Urban Colombia and Rural Colombia.