Report: Fifth Conversatorio on the Colombian Peace Talks, London 16 December 2013

Fifth Conversatorio on the Colombian Peace Talks

London, 16 December, 2013

PDF report available here.

After reaching a historic agreement on political participation, the negotiating teams began the discussion of drug trafficking, the fourth item on the agenda, at the seventeenth round of negotiations. 23 people participated in the last conversatorio on the Colombian Peace Talks on December 16 2013. It was moderated by Andrei Gomez-Suarez (Universities of Sussex and Oxford) with the remarks by special guest Samuel Gomez (Retired Professor, University of Nariño and former member of the Unión Patriótica). The discussion touched upon issues related to political participation, drug trafficking and the current political environment.

On the issue of drug trafficking, several points were analysed:

1. The need of alternative crops for coca farmers and planning to recover the land affected by coca planting.

2. It was highlighted that throughout the discussion on drug trafficking FARC have favoured alternative solutions, such as combating those who benefit from the drug-trade rather than the growers, or the legalization of consumption, setting parameters that do not violate Colombian and international law.

3. The role of the United States and the international community is key for reaching a sustainable agreement on drug trafficking issues. Latin American leaders have opened the discussion on the failure of the war on drugs. The overwhelming American support for the peace process, shown during Santos’s visit to the United States, suggest that Obama is considering a change of strategy against drug trafficking that could complement what is agreed in Havana. For its part, the FARC have proposed the involvement of multilateral organizations like the United Nations Office on Drugs and Crime (UNODC) to design strategies against money laundering.

4. It was noted that in several regions coca cultivation and processing is strongly linked to paramilitary groups. Several national and international organizations have consistently registered collusion between paramilitary groups and the Colombian armed forces, who at times even pressure civilian population to grow coca. Therefore, it is important to address the involvement of military forces in the regions where this problem persists.

With respect to security two important issues were discussed:

1. The relationship between the military and paramilitaries is a transversal issue in several points on the agenda of the peace process, but it does not receive much international attention. To reach a conclusive agreement, FARC has demanded the government’s commitment to dismount paramilitary groups. Participants agreed that the participation of retired members of the Armed Forces for the first time in the history of peace processes in Colombia can help unmounts such linkages and welcomed the express statement to offer guarantees for the opposition in the political participation agreement.

2. The creation of a comprehensive security system (SIS ) that have several components (including risk assessment, prevention of aggression and personal protection of persons at risk) was considered as a breakthrough in the agreement on political participation. Assurances of political participation will depend on this system. However, the problems that have arisen in the implementation of the National Protection Unit for Human Rights Defenders reveal the challenges ahead and the need to learn from past lessons for the SIS to be effective.

Finally three topics were discussed regarding the current political environment:

1. A marked difference between the communication of government and the FARC is perceived. FARC constantly report on what they propose in Havana, while the government maintains more discretion. This could be related to the fact that the rounds of negotiation are the only space for FARC to act as political actors and communicate their proposals to Colombians and the world , while the government uses several spaces, such as diplomatic meetings or political events, to explain what is being negotiated.

2. Forgiveness has acquired a central symbolic role in the Colombian political process. The act of forgiveness by President Santos to the Peace Community of San José de Apartadó for the slanders made by former President Alvaro Uribe in 2005 and the request made a few days previously by Aida Avella, presidential candidate of the Unión Patriótica, that the state apologises for the genocide of the UP, are two examples.

3. The future of the negotiations will depend to some extent on the outcome of the electoral process in 2014, whose outlook is unclear. This is particularly evident in the wake of the dismissal of Mayor Gustavo Petro by the Investigator General Alejandro Ordoñez.

The foregoing has generated some scepticism about the negotiations amongst some sectors of Colombian society. Scepticism and indifference are important aspects that Colombians will have to overcome. If there is not a general effort to believe that peace can be achieved, then it will indeed be difficult to achieve. Therefore, it is important to find common ground in the context of discussions of drug trafficking, the implementation of the SIS and the political situation so as not to polarise differences amongst Colombians and to imagine a Colombia in peace.

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Report on The Colombian Peace Process: A Roundtable. Centre for Latin American Studies University of Cambridge, 11 November 2013

The Colombian Peace Process: A Roundtable

 Centre for Latin American Studies

University of Cambridge

11 November 2013

After a year of negotiations the Government of Colombia and the Revolutionary Armed Forces of Colombia (FARC) have reached an agreement on two of a six point agenda to end the armed conflict in Colombia. The scepticism of many Colombians contrasts with unprecedented achievements in more than 30 years of dialogue between FARC and different Colombian administrations. The optimism of some political analysts about reaching a point of no return in the peace process can be jeopardised by the lack of national and particularly, regional ownership of the process. This mixed picture contains challenges not only for Colombian policy makers but also for the role that the international community should play in order to contribute to build long-lasting and legitimate peace in Colombia. 

Bearing this context in mind, a group of scholars were invited to discuss the prospects for peace in Colombia. Panelists included: the former British Ambassador in Colombia, John Dew; Andrei Gómez (University of Oxford); Clara Sandoval (University of Essex); Par Engstrom (Institute of the Americas, University College London); Roddy Brett (University of St Andrews), Nick Morgan (Newcastle University), and Grace Livingstone (University of Cambridge), who chaired the roundtable. These notes contain the main ideas expressed during the event.

  1. After five decades of armed conflict in Colombia and several failed attempts to find a political solution to the conflict, a peace agreement between the Government and the FARC guerrillas, experts agreed, might be feasible. It was also acknowledged that even if the peace process has been going on for over a year now, discussions to get there have been going on for several years.
  2. Although the importance of the peace process cannot be underestimated, it is necessary to remember that this is just a peace process with one of the armed actors in the Colombian conflict, an actor that is in a weak position, at least politically and militarily.
  3. Some speakers discussed that, although these negotiations are crucial for the future of the country, the conflict with the FARC is only one of Colombia’s manifold problems. There are a wide range of deep-rooted issues in Colombia that have to be faced, such as strengthening democratic politics and the rule of law, designing policies to reduce poverty and income inequality, planning a meaningful agrarian reform, improving security, promoting infrastructure and implementing further reforms to ensure Colombia’s economic growth.
  4. The majority of the experts also noted that both parties (the Government and the FARC) are under great pressure to conclude the talks before the 2014 presidential election, given that former President Uribe is one of the fiercest enemies of the peace process. Additionally, the pressure of reaching an agreement might have a negative impact in the way key points are discussed. In particular, all the experts showed their concern in relation to the fifth point of the agenda, related to victims.
  5. Some of the participants considered other reasons that confirm the importance of moving on with the peace talks. For instance, they indicated that there are very important trade related goals shaping the process (to facilitate foreign direct investment in the country). Other speakers pointed out that President Santos wants to change the image of Colombia outside the country.
  6. The outcome of the negotiations will have to take due account of international standards binding Colombia, particularly in the area of accountability, given the possibility that the International Criminal Court could exercise jurisdiction over the situation in Colombia while looking at cases such as those of the falsos positivos. In this regard, while it is clear that the event at Cambridge was about the peace process, various references were made by all the participants in relation to the obligations of Colombia to act with due diligence in the investigation of members of the military forces and others who could be implicated in conflict related violations of human rights as well as of humanitarian law.
  7. There was general consensus at the roundtable that if a peace agreement is signed, it would be mainly about ‘negative peace’. Santos has already stated that, for example, the agreement will not touch private property and the fact that the Victims and Land Restitution Law is about restitution and not about land reform, shows that both the peace process and the transitional justice process are not aiming at structural change in Colombia.
  8. Even if the ongoing peace talks in Havana only aspire to achieve ‘negative peace’, all the experts recognized that there is a window of opportunity to incorporate the root causes of the conflict in the peace talks in order to move towards a long-lasting peace.
  9. The experts who were discussing specific cases noted that the process in Havana is not perceived as important by the people living in the regions. They do not have a lot of information about the process and if they are concerned about it, it is for different reasons, such as how this process would affect current trading relations in the region or change labour markets.
  10. From a victims’ perspective, the process was criticized by several speakers as failing to allow the participation of victims. They made explicit reference to the complex procedure that needs to be completed in order to participate in the process. They also expressed concern about the lack of direct mechanisms to participate or to identify how the input from others than those negotiating in Havana is taken into consideration. Local ownership of the peace process was noted to be a crucial element for the successful implementation of transitional justice mechanisms in a post-conflict scenario.
  11. The support of Chile, Venezuela, Norway and Cuba was regarded as highly positive and helpful for the negotiations in order to move towards a legitimate peace.
  12. The role of the US in relation to the peace process was also noted and contrasted with  its previous role during the negotiations under the Pastrana administration. The US stand on the peace process would be central to guarantee the implementation of an eventual agreement, but also to deal effectively with drug trafficking.
  13. From a maximalist approach, the Santos-FARC peace talks could be seen as a means to solve the real problems of Colombia, whereas from a minimalist position they are seen as the way to end the armed conflict between the parties. So far, the negotiation teams are still trapped between these two approaches. Nevertheless, they have moved a long way since the negotiations started. Reaching an agreement may not bring structural transformations. However, it will constitute a window of opportunity for further change.
  14. The international community could play a fundamental role in helping Colombia to face the huge challenges that the implementation of a peace agreement will bring and to achieve a sustainable and long-lasting peace.

New article: Overcoming the Original Sin of the “Original Condition”: How Reparations May Contribute to Emancipatory Peacebuilding

Overcoming the Original Sin of the “Original Condition:” How Reparations May Contribute to Emancipatory Peacebuilding

Abstract

This short article explores the relationship between transitional justice mechanisms and peacebuilding by analysing the role that reparations may play in transforming or deepening conflict. Research seeks to identify potential components of an emancipatory approach to peacebuilding through the prioritisation of ‘transformative reparations’ processes, framing this proposal within the case study of collective reparations to the trade union movement in Colombia.

Submitted as part of the special section on Reparations and Peacebuilding edited by Pamina Firchow and Roger Mac Ginty.
Human Rights Review, July 2013. Available here (behind paywall)