The international human rights organization Human Rights Watch (HRW) sent a letter to Colombia’s new President Gustavo Petro on Friday. The document, signed by former Colombian Congresswoman Juanita Goebertus, the new director of the Americas Department, and Juan Pappier, senior researcher, sets out five specific recommendations for the success of the “total peace” policy on which the new government passed .
The “total peace” has four main lines: full implementation of the peace agreement signed with the FARC in 2016; Resumption of talks in Cuba with the ELN; Engage in dialogues with other armed groups, such as criminal gangs, FARC dissidents and the so-called Clan del Golfo, to lay down their arms and demand justice in exchange for legal benefits; and change the strategy of the war on drugs. However, there is no strategy document that clarifies exactly what the objectives and indicators of this policy are, so the recommendations are input rather than criticism or endorsement.
The letter, Goebertus’ first step as head of the unit, acknowledges the escalation of violence in recent years and asserts that if designed properly, “total peace” could help improve the human rights of those living in the most vulnerable areas affected live the armed conflict. “During the past five years, many regions of Colombia have suffered an increase in violence by armed groups, resulting in high levels of forced displacement, massacres, detention and an increase in killings, including of human rights defenders and other community leaders,” it says in the letter. The five recommendations are as follows.
Guarantee protection and security in the territories
The first recommendation HRW makes to the new administration is that it design a new security policy that is effective and respects human rights, consistent with what Petro has revealed so far about its “human security”. For HRW, this policy should focus state security forces on protecting the physical integrity of citizens, particularly in the areas of greatest conflict. It proposes that the government draw up specific plans to protect human rights defenders, society leaders and other vulnerable groups. “This new policy must ensure the safety of civilians before, during and after the negotiations and could create appropriate incentives for the armed groups to accept the negotiations.”
HRW also ensures that the security policies implemented during the administration of former President Iván Duque failed to guarantee human rights in remote areas of Colombia and allowed armed groups to expand their territorial control. At this point, the organization insists on the need to dismantle the illegal economies, networks and money laundering of the armed groups with which it intends to deal.
Decide with whom and how to negotiate
Another suggestion is to choose very carefully with which of the dozens of armed groups active in Colombia today the government wants to negotiate. HRW confirms that the main groups are the National Liberation Army (ELN), more than 30 FARC dissidents and the Gaitanist Self-Defense Forces of Colombia. “The decision with which groups to negotiate and how these negotiations are conducted will be a crucial decision for his comprehensive peace policy.”
The letter clarifies that although international treaties such as the Geneva Conventions state that it must negotiate with armed groups, the government is free to decide who falls into this category: “the decision to negotiate with an armed group, regardless of their status under international law depends on the government.” Finally, Goebertus and his team are calling on the government to review the current classification of armed groups, which they say “has been unclear and confused both in distinguishing between strategies of court submission and subjugation also founded political peace negotiations”. letter reads.
Deal with the causes that perpetuate violence
The third recommendation is to try to resolve the root causes that allow armed groups to recruit new combatants. HRW highlights three of them: the absence of the state in some territories; poverty and inequality; and the rise of the illicit economy, particularly drug trafficking.
To solve them, the organization proposes implementing more Territorial Approach Development Programs (PDET) in the hardest hit areas, reducing the power of armed groups and organized crime through criminal investigations that dismantle them, and alternative approaches in drug policy to be developed based on international human rights standards. “We welcome your proposal for a regional call to end the drug war, which has proved ineffective in protecting public health and has led to massive human rights abuses in Latin America,” the letter reads.
Guaranteeing the rights of victims
The Colombian state has an obligation to ensure effective remedies for victims of human rights violations. Therefore, according to HRW, the new government should investigate the abuse of victims “effectively, quickly, comprehensively and impartially and ensure that those responsible are held accountable”. The organization suggests that “access to justice, truth and redress must be ensured in proportion to the seriousness of the injuries and harm suffered”.
Finally, Goebertus and Pappier propose that any agreements signed by the government with armed groups “comply with the duty to investigate, prosecute and punish those responsible for serious abuses and contain appropriate conditions, such as full truth and reparation for those who are involved Victims for the perpetrators who receive reduced sentences”
Avoid fraudulent demobilizations
The last recommendation is to avoid fraudulent demobilizations, such as that of the Cacica La Gaitana block of the Colombian Self-Defense Unit. “Colombia also has a history of people pretending to be part of armed groups to gain illegal advantages during demobilizations. This happened in particular during the demobilization of the paramilitary groups under the Justice and Peace Law,” they explain in the document.
To prevent this, HRW said the government of Gustavo Petro and Francia Márquez must work with the Attorney General’s Office and other institutions to conduct comprehensive checks on the identities and criminal records of those demobilizing. “This will be particularly challenging in the current context in Colombia, where there are a large number of armed groups operating fluidly and diffusely.”
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