Ana María Arbeláez Trujillo Archives

#SOSColombia: A call for international solidarity against the brutal repression of protestors in Colombia

By Ana María Arbelaéz Trujillo and Diego Hernández Morales 12 May 202117 May 2021

The recent surge in violence against Colombian citizens has led to thousands of reports of police brutality in a matter of days as the state cracked down on protesters taking to the streets starting 28 April. This has prompted a global outcry and pressure from international organisations and several countries on the Colombian government to end the violence so that the human rights of the protesters remain guaranteed. In this article, Ana María Arbelaéz Trujillo and Diego Hernández Morales present a brief overview of the situation and propose some ways in which the general public can get involved in raising awareness about the events and what they mean.

05.12.2021 Ana María and Diego — Photo: Fabio Tejedor

Over the past weeks, Colombians have been witnessing the brutal repression of their legitimate right to protest. According to reports by non-governmental actors, between 28 April and 9 May, at least 1,876 cases of police brutality had been recorded. This includes 39 deaths (34 caused by the use of firearms)[1], 963 arbitrary detentions, 278 instances of physical violence, 12 acts of sexual violence, and the disappearance of at least 500 protestors. The severity of the situation has led the United Nations, the European Union, Amnesty International, and several other international organisations to express their concern about the situation and remind the Colombian government that in any democracy, the state must protect the human rights of protesters and the public assembly of its people, not prevent and purposefully undermine it. The crackdown was particularly severe because of its swiftness – the police managed to threaten or cause harm to thousands of people in a matter of days.

Why were people protesting?

The spark that ignited the fire was a tax reform. The government upon initiating a tax reform argued that the new package of taxes was necessary to fund social policies to protect vulnerable people. However, the proposal included new taxes on essential goods which would had put additional pressure on the working and middle classes[2] who were already struggling to cope with the economic impacts of the pandemic.

Last year, the living conditions of the population, who already lived precarious lives before COVID-19 swept across the globe, worsened as the pandemic raged on. Colombia is the second most unequal country of South America, with a GINI coefficient of 0.53. In the last year, the monetary poverty rate increased from 37.5% to 42.3%, and 21 million people now live on less than USD 2 per day. Additionally, the unemployment rate for March 2021 was 14.2% and informal workers remain disproportionately affected by the restrictions imposed during the pandemic.

To oppose the tax reform and overall decreases in welfare, the National Strike Committee called for a national strike on 28 April. This call was supported by trade unions, indigenous groups, students, and social organisations that also protested against the persistent killing of social leaders and new proposals to reform Colombia’s health and pension schemes. Thus, what started with a tax reform ended in a massive protest about both old and new problems that led to thousands of people taking to the streets.

Following widespread popular discontent, the proposal was retired, and the Minister of Finance resigned. However, after several days of protests, people continue to protest, in part due to the outrage caused by the state’s violent response to the protest and the persistence of the additional reasons that motivated the national strike.

Why is the Colombian case different?

The introduction of new or higher taxes has led to discontent and triggered protests everywhere. But these changes need to be put into context in order to understand their significance. Social protest has historically been criminalised in Colombia. The dominant discourse of the political and economic elites of the country is that protesters are violent and associated with illegal groups. This narrative is harmful for democracy and puts at risk the life and health of peaceful protestors.

Recently, former president Alvaro Uribe used his Twitter account to delegitimise the national strike and encourage the use of deadly force against protestors:

“Let’s support the right of soldiers and police to use their firearms to defend their integrity and to defend people and property from criminal acts of terrorist vandalism.”

Twitter deleted this tweet due to the violation of its rules – a welcome step. The former president is also using the controversial concept of a ‘dissipated molecular revolution’ to discredit the demonstrations. According to this theory, social protests, even when peaceful, are deemed crimes against state institutions; protestors accordingly must be treated as internal enemies.

The spread of this hate speech, which defines protestors as military objectives, is especially problematic in a country with a long history of armed conflict where the military forces have been involved in several human rights violations against civilians, such as the ‘false positive scandals’. The violent oppression of protesters thus serves as a stark reminder of the power of the Colombian state and how the signing of the peace agreement may not be a guarantee for peace or political reforms.

Moreover, such rhetoric is especially dangerous in a country in which social leaders are routinely murdered with impunity. The ‘Front Line Defenders Global Analysis 2020’ reported that in 2020, half of social leaders killed in the world were assassinated in Colombia. According to Indepaz,[3] between the signing of the peace agreement in November 2016 and December 2020, 1,088 social leaders have been killed. The stigmatisation of social leaders and human rights defenders increases their level of risk, preventing the social transformation that Colombia needs. It is thus in light of this that the protests and state retaliation should be understood.

How can the international community contribute?

The solidarity of the international community is key for placing pressure on the Colombian government to stop using violence against protesters and to prevent impunity. Raising awareness through sharing this or other articles is a key starting point in getting the message out there. There are multiple ways in which you could contribute:

By promoting the creation of a public statement of solidarity at the organisation where you work
By sending a message to your government asking them to urge the Colombian state to respect the rights of protesters
By signing this petition from citizens worldwide addressed to OAS, OEA, the United Nations High Commissioner for Human Rights, and President Joe Biden to conduct a thorough investigation of the human rights violations during the recent protest in Colombia
By signing this Open Letter to the Colombian Government and the International Community from professionals of public international law
By signing this letter from Colombian academics and students calling for an inclusive dialogue to end the recent violence in Colombia
By donating to independent organisations reporting the current situation such as Temblores, Cuestión Pública and Mutante
By simply following reliable sources of news and sharing the information with the hashtag #SOSColombia on social media.

Footnotes

[1] According to Temblores and Indepaz, 47 people have been killed since 28 April 2021. Of these cases of homicidal violence, it has been possible to determine that 39 of them were due to police violence.

[2] Among the most controversial points were extending the income tax to people earning more than 684 USD per month, charging VAT tax on public and funerary services, and eliminating tax exemptions on essential goods and products such as eggs, milk, tampons, sanitary towels, and menstrual cups.

[3] Founded in 1984, INDEPAZ is part of the national network of peacebuilding organisations in Colombia. Its work is focused on researching and spreading information about the conflict, and it contributes to the peace process through the promotion of dialogue and non-violence.

Opinions do not necessarily reflect the views of the ISS or members of the Bliss team.

About the authors:

Ana María Arbeláez Trujillo is a lawyer, specialist in Environmental Law, and holds an Erasmus Mundus Master in Public Policy. She works as an environmental consultant on climate change policies and forest governance. Her research interests include the political economy of extractivist industries, environmental conflicts, and rural development.

Diego Hernández Morales is a Colombian lawyer with 25 years of experience in various fields. In Colombia, he was a professor of Democracy Theory at the Universidad Libre of Bogotá, and a professor of Politics and International Relations at the Universidad Santo Tomás. He has a Master’s degree in Development Studies from the ISS, conducting a research paper on the media representation in the Netherlands of the Colombian conflict. At this moment he is in the process of publishing a book on his testimonies and his appreciations related to the events in Colombia in the last half-century.

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COVID-19 | Remembering the ongoing assassination of human rights defenders in Colombia

By Fabio Andrés Díaz Pabón and Ana María Arbeláez Trujillo 6 July 202010 July 2020

When a peace agreement was signed in 2016 in Colombia between the government and armed forces (FARC), citizens and activists seized the opportunity to make longstanding grievances heard and press for change. But between September 2016 and March 2020, 442 social leaders were assassinated. As death becomes part of the daily discourse, especially during the COVID-19 pandemic, we should look beyond these shocking numbers and understand that the massive killing of social leaders is not only a humanitarian crisis, but also a threat to the process of social transformation and local empowerment.

Illustrations of Temistocles Machado, María Yolanda Maturana, Mario Jacanamijoy Matumbajoi, Maria Efigenia Vásquez Astudillo, Sandra Yaneth Luna, Luis Hernán Bedoya Úzuga, Diana Patricia Mejía Fonseca, and José Abraham García. They are part of the group of 442 social leaders from the list. Illustrations taken from the website of the project PostalesParaLaMemoria.com

Hope for change

The peace agreement signed in 2016 in Colombia signaled change. Since the political exclusion of government dissidents and others critical of the political regime is considered to have been one of the root causes of the conflict, the agreement sought to create spaces to promote the organization and participation of diverse actors with diverse voices and included a series of provisions to strengthen the presence of the state in marginalized areas to address issues such as poverty, inequality, and unequal distribution of land. In this context, the signature of the peace agreement opened a window of opportunity for activists and citizens to present to the state their long overdue demands for changes related to such issues, which had taken the back seat during the conflict.

The persistence of violent repression

In the period shortly before the peace agreement was signed in 2016, a reduction in homicidal violence and conflict-related deaths following the de-escalation of violence seemed to signify the end of an era characterized by violence. This reduction in violent acts provided space for activists and citizens to present their demands to the state in a way that was not possible in the preceding years, when violence made mobilization riskier. However, sectors within the country not interested in peace talks started to exert violence on citizens, continuing a growing trend since 2016. Consequently, during the post-agreement period, Colombia has experienced a dramatic increase in the cases of murders and threats against social leaders. According to figures from the NGO Somos Defensores, between September 2016 and March 2020, 442 social leaders had been killed. According to a recent report of the U.N., which we analyzed in a previous article, these worrying figures situate Colombia as the country with most killings of human right defenders in Latin America.

Assassinated activists and human rights defenders were individuals linked to organizations attempting to mobilize society for the implementation of the peace accords and strengthening of statehood. Those maimed were peasant leaders, environmentalists, land defenders, women, indigenous leaders, and afro-descendants representing marginalised communities.

COVID-19: obscuring intensified killings

This trend has worsened in Colombia during the COVID-19 pandemic, as illustrated by a sharp increase in assassinations of social leaders by 53% between January and April this year[1]. However, as the attention of political leaders and citizens is focused on the response of the government to address the crisis of the COVID-19 pandemic, civil society groups fear that the assassination of community leaders will go unnoticed and unpunished. As the attention of political leaders and citizens is focused on the response of the government to protect and ensure the health of their citizens from COVID-19, groups often resorting to violence in Colombia (right-wing paramilitary groups, drug traffickers, dissident guerrilla members, and other armed organizations) are taking advantage of the pandemic to divert attention from violence that would otherwise be observed.

As people are getting used to seeing figures of death daily, it is critical to remember that we need to see beyond the numbers and understand that the massive killing of social leaders is a humanitarian crisis with different impacts. At the individual level, the right to life of the leader is violated, and at the social level, the assassinations affect the representation of collective interests, becoming a threat to the process of social change and local empowerment.

Social leaders are the voice of the communities that have been historically forgotten. Hence, when they are threatened, there is a further weakening in the social fabric of these groups. According to the testimonies of several social leaders who were interviewed in a recent study by CNC, CODHES and USAID, after an attack, the members of the community became afraid to participate, to organize, and the formation of new leaders was also obstructed. That is how the killing of social leaders has a long-term effect that impacts the deepening of democracy in Colombia, benefiting the interests of those who want to maintain the status quo and continue to use violence to do so.

The effect of the COVID-19 response on social organization

Whereas civil society has improved its capacity to hold the government accountable with regards to the assassination of social leaders, their capacity to pressure the government has been diminished due to the restrictions on gatherings due to the pandemic, and due to the focus of public opinion on the risk of COVID-19. This makes it more difficult for organizations to centre the defence of the lives of social activists in public discourse and increases the likelihood of the assassination of community leaders being obscured.

In this context, we want to contribute to an ongoing campaign started by civil society groups in Colombia to use opinion articles and other spaces of communication to raise awareness about the severity of this situation and to tell the stories of those who are at risk. As part of this initiative, the newspaper El Espectador on its front page of June 14^th 2020 published a list with the names of the 442 people who have been killed with the title “Let’s not forget them” (“No los olvidemos” in Spanish). Let this become the start of a movement to continue highlighting mass killings of social leaders and to problematize them. It is not okay, and we will not accept it. #NoLosOlviDemos.

Front page of El Espectador newspaper which listed in four pages the names of all the assassinated social leaders in Colombia since the signature of the peace agreement with the FARC EP. Source: https://twitter.com/EEColombia2020/status/1272185768363069441/photo/1

[1] In comparison with the number of assassinations taking place between January and April 2019.

This article is part of a series about the coronavirus crisis. Read all articles of this series here.

About the authors:

Fabio Andrés Díaz Pabón Fabio Andres Diaz Pabon is a Colombian political scientist. He is a research associate at the Department of Political and International Studies at Rhodes University in South Africa and a researcher at the ISS. Fabio works at the intersection between theory and practice, and his research interests are related to state strength, civil war, conflict and protests in the midst of globalisation.

Ana María Arbeláez Trujillo

Ana María Arbeláez Trujillo is a lawyer, specialist in Environmental Law and holds an Erasmus Mundus Master in Public Policy. She works as a legal consultant in Climate Focus, where she focuses on climate change policies and forest governance. Her research interests are the political economy of extractivist industries, environmental conflicts, and rural development.

Revindicating the Black Power Movement by Bob Brown and Ana María Arbeláez Trujillo

By Admin 11 May 202016 May 2020

Ana María Arbeláez Trujillo in conversation with Bob Brown, organizer of the All-African People’s Revolutionary Party ^(GC)

Since the 1960s, the leaders of the Black Power Movement have fought tirelessly to challenge institutional racism, to reclaim and reinterpret the history of black people and for the right to establish and change the terms to define them and their relationships with society. Committed to this long legacy and revindication of black history, longtime activist and researcher Bob Brown visited the ISS in February 2020 to participate in an event titled “Black Power and the Politics of Liberation, in comparative perspective”. He talked about the origins of the Black Panther Party for Self-Defense and the larger Black Panther Movement worldwide. We conversed afterward. Here is what he had to say.

Can the current presidential campaign make a difference for black people?

I have not been involved in any political campaign since the 1990s. I see no candidate right now who I can support. I do not think that conventional politics, right or left, is the way forward for the US. American society has, for centuries, deliberately and systematically excluded black people from political participation. We need more than regime change. What we need is a transformation in the values and the ideology upholding the racist political system.

The possibilities for black people to seize power through electoral politics in the US are virtually nonexistent. Obama was a black figurehead in a white racist and sexist system, which structurally limited what he could do. He could be the best guy in the world, but he implemented racist and sexist policies.

When we focus on the colour or the gender of the candidates, we are looking at individuals when we should be looking at the system. It is not only about having black people or women in power; it is about recognizing and addressing the racist and gendered dynamics within the institutions.

So, do you believe that politics have transformative potential?

Yes, everything is political, but I only believe in politics with revolutionary objectives and values. I helped Harold Washington to take the Mayor’s office in Chicago. He never controlled it. He fought to control the Democratic Party in Chicago. Unfortunately, he died within four years. We had revolutionary plans; we had the Black Panther clinics and many other ideas.

Politics can be changed, even if it is minimal and incremental. If nothing else, we got Obamacare. Obama did not create it, but it was passed during his time. The program has had a positive effect in our community, especially for older people like me who cannot afford health care and for young people who were previously not insured. That is incremental change. The Black Panther Party started programs for feeding children; these programs were and are also being funded by the government.

DSC02365 (2) — *Bob Brown and Ana María Arbeláez Trujillo in conversation. Credit: Martin Blok*

And what about academia: how do you see the role of academia in social change?

Academia is very problematic right now. The Black Panther Party for Self-Defense is predominantly regarded as an entertainment industry in academia. You don’t know how many people write books, articles, and PhD dissertations about it. When I read them, I laugh because they all reproduce the same lies.

First, I go to the index, and I see how many times the word ‘race’ and ‘class’ are mentioned. Yes, it is included one or two times, but the authors undermine, or are not aware of, their interconnection and role.

Another example is that academics are saying that Fred Hampton was killed because he was feeding children. That is not true. We did not only fight for black people; we also struggled for a different and true interpretation of history. So, if some people in academia are perpetuating the same old lies, then we must fight against those lies.

Do you think that social media have contributed to making social movements more horizontal? For example, is the Black Lives Matter movement more horizontal than the movement in the 1960s?

I have a problem with this concept of the horizontal versus the vertical. There is nothing leaderless in our culture, historically or currently. That is an illusion and ideological concept with which I don’t agree. I have a problem with those academics who are teaching that, because they are telling people something that is not true. How is the Black Lives Matter movement a leaderless organization when the Democratic Party and related forces are funding and controlling it? They were potentially one of the most progressive movements in the country. Where are they now and what are they doing? I have a problem with the sector of the movement that says that they are a leaderless organization. That may be their ideal, but they are not there yet and never will be.

Black Lives Matter is not a monolithic or revolutionary movement. You cannot say that when the Ford or Soros Foundations offer funds to ten to fifteen of these organizations. They own the leadership of most of the movements in our community and around this country. Even if the Black Lives Matter people are not leaders, George Soros is. All we have to do is to follow the money trail. That shows confusion, and that is not a leaderless movement.

What do you think about the current focus of the media on white environmental activists?

The environmental movement is not white. It is a people’s movement with 7+ billion members worldwide. The overwhelming majority of the people worldwide are not white. The most funded and public version of it is white, but that is, again, a product of institutional racism.

This perception of the environmental movement being white has passed through generations, but it is wrong to say that. If you look from the invisible to top-down, it looks white. But you have to go through history. There are black people like Ben Chavis, Damu Smith and Connie Tucker. They coined the term “environmental racism” and were leaders of the “environmental justice movement.” Al Gore, the so-called leader of the green movement, brought “environmental justice movement” into the White House and coopted it. It is therefore disrespectful and racist to say that the environmental movement is white.

About the authors:

Bob Brown is the co-founder and ex-member of the Chicago Chapter of the Black Panther Party (March 1968 to March 1969) and author of several books, including his most recent Malcolm X and Kwame Ture (Stokely Carmichael). He is currently a member of the A-APRP (GC).

Ana María Arbeláez Trujillo is a lawyer, specialist in Environmental Law and holds an Erasmus Mundus Master in Public Policy. She works as a researcher for PID Amazonia, a civic society platform to address deforestation in the Colombian Amazon. Her research interests are the political economy of extractivist industries, environmental conflicts, and rural development.

Title Image Credit: Martin Blok

Marie Antoinette rules in Colombia as the masses protest against inequality

By Admin 19 December 201916 May 2020

By Fabio Andrés Díaz Pabón and María Gabriela Palacio

Since late November, Colombia has seen unprecedented mass protests, the longest since 1977. These protests illustrate the awakening of a muffled civil society. Protests in Colombia are part of a Latin American “spring”. Demonstrations have, since September, swept across Haiti, Mexico, Nicaragua, Venezuela, Panama, Uruguay, Peru, Ecuador, Bolivia and Chile. But Colombia’s protests are not merely following a regional trend, nor can they be attributed to a single ideological leaning.

Who is protesting and why

Colombians are protesting against inequality, because the country has the most unequal society among the 36 Organisation for Economic Co-operation and Development (OECD) countries. In addition, recent government measures, such as cuts in taxes to wealthy investors and an increase in taxes for the middle classes, have generated a significant backlash in a failed attempt to implement “trickle-down economics”.

Though the Colombian economy has experienced resilient economic growth despite the fall in commodity prices, there is little to no redistribution taking place. The richest 1% of the population captures more than 20% of the total labour income.

Because measures recently adopted by the government probably exacerbate inequalities, peasants, student, urbanites, labour unions and indigenous groups have taken to the streets. Their grievances might differ but the persistence of inequality has led to a reduction of their tolerance to measures that maintain the status quo.

Protesters are demanding the implementation of the provisions signed in the 2016 by the Revolutionary Armed Forces of Colombia — People’s Army Colombian peace agreement. For some factions in the government, demanding the fulfilment of the promises of the Constitution and demanding peace is seen as a subversive act. Yet Colombians are not demanding a revolution; they are demanding the right to a dignifying life and the fulfilment of the promises made by the government.

In a country that is in an armed conflict and is home to one of the highest shares of internally displaced populations in the world, the dismissal of protesters’ grievances constitutes a threat to civil society and democracy. The number of assassinated social and indigenous leaders and activists illustrate these risks.

The motivation for protests relates to the deepening of inequalities and levels of precarity in terms of access to education, health and social protection and the weariness of armed conflict. The strength of the protests can be explained as the result of the transition of the Colombia society towards peace — the peace accords with paramilitaries in 2006 and guerrillas in 2016 opened different venues for political participation — and the strengthening of social movements.

Government’s response

The response from the government of Iván Duque has been one of denials, accusations and failed attempts to regain control over public discourse.

He took office thanks to the political backing of politicians and sectors in society who opposed the peace negotiations with guerrillas and the state reforms taking place since 2010. Once in power, Duque found himself having to comply with state policies his support base did not agree with.

But these groups do not represent the majority of the population. Because of this, Duque faces a 70% disapproval rate and only 24% approval rate, according to a recent Gallup poll. This also means he has no control over the congress, posing a dilemma to his government. Either Duque tries to clear his policies to receive the broader support of society and face the alienation of his core supporters or he loses the capacity to lead the country. Because of this, media such as The Economist have depicted Duque as a president without direction.

Given this limited political space, the government attempted a propaganda campaign that tried to cast protesters as not contributing to the development of the country and drove Duque to plan the first meeting after the national strike with the industrials and business people rather than with the protestors.

This illustrates that the government cannot see that the protests span across race, location and class. Protests have brought together diverse actors that have found in the streets a space of encounter. Social groups are refusing government measures concerning social security, pensions and labour reforms, because they would have a pervasive effect on the livelihoods of the majority of the population. This explains why protests are supported by 74% of the population.

The disconnection between self-interested elites and the rest of society is evident. The proposal for a tax break, such as allowing consumption without value-added tax for three days a year and an extended “Black Friday” as a solution to the protests illustrate how little the government understands its citizens. Initiatives such as these reflect the aloofness of Maria Antoinette; a “let them eat cake” response.

Economists have opposed other proposals tabled by the government as lacking any technical basis. Populist economic measures aim to increase the acceptability of Duque’s government but can drive inequality and further grievances. The elimination of a 2% tax for buying houses worth more than $260 000 shows that the government is not undertaking reforms to improve the livelihood of the majority of Colombians, neither are improving state revenues.

Policy challenges

The debate can be framed about the availability of public resources and how to spend these, but data shows that the country is growing faster than any other OECD country. Nevertheless, the gains of growth are not evenly distributed, because the cost of living for the middle class is growing faster than their incomes.

The state is facing a long-standing problem of export-dependent economies. As the global economy cools down, the demand for Colombian exports has declined. In response to an imminent trade deficit, the state must increase its revenues but is afraid of taxing the wealthy — its remaining support base. This scenario takes place in a country in which informal employment is rising, and the size of industrial production is declining. The country is also going through a demographic transition, with an ageing population adding pressure to the pension system. As the population grows older, fewer contributors can sustain the social security system, and the costs for public health and pension fees increase.

One of the government proposals was to reduce employment costs and make youth employment flexible. Driving the most significant segment of the population into precariousness cannot be sound politics or economics, especially if the government is thinking about financing the pension system for future generations. Duque’s government praises the discourse of innovation and entrepreneurship, but it should consider that people in insecure employment are less likely to take risks and innovate.

Policies need to tackle the sources of inequality in Colombia and work to the benefit of the growing youth and middle class. The policy dilemma the government has is either to increase taxes to the bulk of the population, or reduce exemptions to wealthy citizens. Given the little political capital that the government has, increasing taxes for the wealthy might mean the government could run out of support. But failing to create the fiscal space that could sustain the economy and redistribute income might exacerbate inequalities in the future.

Moving towards an equal society is not only an ethical response to the grievances of diverse social groups but also a necessary condition for accelerating economic growth. Structural changes should be considered. The government should shift its attention towards innovation and industrial policies that can internalise and disseminate technological gains while driving domestic demand towards the local industry. Redistributive reforms are a prerequisite for progress because they help to close structural gaps and lead to higher levels of productivity, full use of capacities and resources, a fairer distribution of income and wealth and provide all citizens with the right to embark on the plans that they consider worthwhile.

Transition from violence

Protests remain spaces of uncertainty and crisis, but they also are spaces of representation, democracy and opportunity. Protesters bypass the structures of representation and send signals to institutions when they do not work. Furthermore, they allow governments to hear different voices and provide valuable feedback on the workings of the economy. Yet privileged actors invest energy and resources in preventing positive dissent and protecting the status quo.

Inequality and precariousness hinder economic growth and social cohesion. The mass protests, in the Colombian case, not only demonstrate how public voice emerges when violence is declining, but also how inequalities can be exposed once violence decreases, because people demand basic rights for the losers of development processes. As the country tries to leave violence behind, the nature of the conversations changed from armed conflict to citizens’ rights. Nevertheless, Colombia is a country that remains in fear of violence, the legacy of a 70-year war. The leadership of the government or its lack thereof remains central in blocking the transition away from violence.

Picture credit: Roboting on Wikimedia Commons

This article was originally published by Mail and Guardian.

About the authors:

Fabio Andrés Díaz Pabón is a researcher at the African Centre of Excellence for Inequalities Research, a research associate in the department of political and international studies at Rhodes University and a researcher at the International Institute of Social Studies in the Netherlands.

María Gabriela Palacio is an Ecuadorian political economist interested in social policy, inequality and exclusion, who works as an Assistant Professor at the Faculty of Humanities of Leiden University. She holds a PhD in Development Studies by the International Institute of Social Studies (ISS).

Governance in the Colombian Amazon: Heavy-handed and lacking coherent policies by Ana María Arbeláez Trujillo

By Admin 3 October 201916 May 2020

The President of Brazil, Jair Bolsonaro, has been at the forefront of the critiques for his dismissive attitude towards the fires in the Amazon. Although a significant portion of the rainforest (40%) is contained in Brazil, it is key to consider that eight more countries share the Amazon and are responsible for its preservation. What are these other states doing to preserve the largest rainforest on the planet? This article analyzes how the policies promoted by Colombia’s president, Iván Duque, are insufficient to protect the rights of the Amazon[1] and its inhabitants.

Colombia’s share of the Amazon covers 41% of its territory and constitutes 10% of the Amazon rainforest. According to official numbers[1], in 2018 the annual deforested area in Colombian Amazonia amounted to 1381 km² (almost twice the size of New York City)[2]. Moreover, according to data from the World Resources Institute, the country ranked 4^th in the list of states losing the most tropical primary rainforest in 2018[3].

Paradoxically, this peak in deforestation in the Colombian Amazon is closely linked to the signature of the 2016 peace agreement between the government and the FARC-EP[4]. The demobilization of the guerillas and the persistent absence of official institutions allowed land grabbers to take advantage of this sovereignty gap[5]. People from different areas of the country are paying peasants to cut down trees from the Amazon to create new pastures for cattle production and palm oil plantations[6]. Furthermore, other key drivers of deforestation in the country are the expansion of the agricultural frontier in protected areas, illicit crops, extraction of natural resources, non-planned infrastructure, and illegal logging[7].

So, what is the Colombian government doing to address the factors triggering deforestation? Duque’s stance to this issue is to understand nature as one of the main assets of the country and to implement an approach of environmental security[8]. Under this logic, the military forces and the police play the central role in the protection of natural resources, while socio-political policies are undermined.

Accordingly, ‘Operación Artemisa’[9] which is the main program to stop deforestation, follows a hard hand approach: military interventions and criminalization. So far this year, at least 64 military operations had taken place, and 117 people were captured for committing environmental crimes[10]. However, many civil organizations have criticized these procedures because during their implementation authorities have disregarded the rights of peasants and local communities, while the identity of the culprits who are financing the process of deforestation remains unknown[11].

By focusing policy responses to environmental problems on military actions, the government neglects that deforestation in the Amazon is a manifestation of structural issues like inequality and political exclusion. Historically, the Colombian state has ignored the peripheric regions of the country, and this legacy of marginalization has created precarious living conditions and minimal economic opportunities for the inhabitants of the Amazon region.

Furthermore, as mentioned in a previous post, the current Colombian government neglects the multidimensional character of the rural problem in Colombia. Hence, the enforcement of laws with the potential of delivering real change in periphery areas such as the Land Restitution Law enacted in 2011 and the Rural Reform agreed within the context of the peace accord in 2016, is being obstructed[12].

All in all, policies for protecting the rights of the Amazon and the Amazonian people should not focus primarily on strengthening the military force. A real effort to halt deforestation implies, on the one hand, recognizing the holistic nature of the problem, and on the other, applying existing distributive policies and proposing alternatives aligned with the rights and needs of the communities. Also, it is vital to acknowledge that industries such as cattle and palm oil are playing a leading role in the destruction of Amazonia. Thus, it is necessary to rethink ideas about development in the region.

The increasing awareness of the importance of Amazonia is a timely opportunity to push forward effective policies to protect the lungs of the world and to empower local communities. However, the extent to which this opening would contribute to transformational change and improved governance is still unclear and will depend significantly on the political will to do so.

References

[1] The Colombian Suprem Court, through and historical ruling, declared the Amazon subject of rights. However the government has failed to implement the orders to impement it: https://www.dejusticia.org/en/the-colombian-government-has-failed-to-fulfill-the-supreme-courts-landmark-order-to-protect-the-amazon/

[1] https://pidamazonia.com/content/resultados-monitoreo-de-la-deforestaci%C3%B3n-2018

[2] For an analysis of the 2018 deforestation report see: https://www.pidamazonia.com/content/la-reducci%C3%B3n-de-la-deforestaci%C3%B3n-en-la-amazon%C3%ADa-no-es-significativa

[3] https://www.wri.org/blog/2019/04/world-lost-belgium-sized-area-primary-rainforests-last-year

[4]https://sostenibilidad.semana.com/medio-ambiente/articulo/cual-es-la-relacion-entre-cambio-climatico-paz-y-deforestacion-en-colombia/44862

[5] https://sostenibilidad.semana.com/medio-ambiente/articulo/deforestacion-una-politica-de-ocupacion-del-territorio/43647

[6] See for example: https://www.pidamazonia.com/content/el-invisible-acaparamiento-de-tierras

https://www.semana.com/opinion/articulo/los-intocables-por-margarita-pacheco/601367

https://www.semana.com/opinion/articulo/la-cadena-criminal-de-la-deforestacion-columna-de-daniel-rico/615305

https://www.pidamazonia.com/content/deforestacion-y-acaparamiento-de-tierras-en-guaviare

[7] https://pidamazonia.com/content/resultados-monitoreo-de-la-deforestaci%C3%B3n-2018

[8] https://www.pidamazonia.com/content/%C2%BFse-militariza-la-gestion-ambiental-y-territorial

[9] https://id.presidencia.gov.co/Paginas/prensa/2019/190428-puesta-marcha-Campana-Artemisa-buscamos-parar-hemorragia-deforestadora-ha-visto-ultimos-anios-pais-Duque.aspx

[10] https://www.elcolombiano.com/colombia/el-mundo-mira-a-la-amazonia-y-que-se-hace-en-colombia-IC11467582

[11] https://www.elespectador.com/noticias/nacional/denuncian-falso-positivo-judicial-en-captura-de-campesinos-en-el-parque-nacional-chiribiquete-articulo-853626

https://www.coljuristas.org/nuestro_quehacer/item.php?id=213

[12] https://www.researchgate.net/publication/334814048_Rights_in_the_Time_of_Populism_Land_and_Institutional_Change_Amid_the_Reemergence_of_Right-Wing_Authoritarianism_in_Colombia

Image Credit: Efraín Herrera – Presidency of Colombia

About the author:

Ana María Arbeláez Trujillo is a lawyer, specialist in Environmental Law and holds an Erasmus Mundus Master in Public Policy. She works as a researcher for PID Amazonia, a civic society platform to address deforestation in the Colombian Amazon. Her research interests are the political economy of extractivist industries, environmental conflicts, and rural development.

Confronting Apartheid Through Critical Discussion by Ana María Arbeláez Trujillo and Jeff Handmaker

By Jeff Handmaker 17 June 201919 June 2020

The history of apartheid in South Africa is generally well-known. Yet, apartheid is not exclusive to that country. According to international law, and on various social grounds, Israel too may be viewed as maintaining an apartheid regime. What does apartheid mean and how has the international community confronted both South African and contemporary regimes of apartheid? This article takes up this discussion, reflecting on a recent event organised at the ISS.

On 11^th April 2019, ISS hosted an event to critically discuss the concept of apartheid and its application. Inspired by the work of known South African legal scholar Professor John Dugard, who addressed this event, he and other panellists went beyond the legal-historical origins of apartheid in South Africa and explored its relevance to the longstanding impasse between Israel and the Palestinians.[i]

Beyond the legal foundations of apartheid in South Africa and it becoming a crime in international law, the panelists explored the social impact of apartheid as separate development and how civic organizations and governments have resisted or maintained this situation.

Apartheid under international law

According to international law, the crime of apartheid, as defined by article 7 of the Rome Statute of the International Criminal Court, is a crime against humanity. It consists of:

inhumane acts (…) committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime.

The origins of this crime can be traced to the racialized legal regime established in South Africa from 1948 to 1990, although its definition is not restricted to that particular case. To the contrary, it is now an established position within academia, among civil society organizations, and UN agencies that the policies of Israel towards the Palestinian population also may be legally classified as an apartheid regime.

According to Dugard, Israel is more disrespectful of international law than South Africa was. He underscored that South Africa had accepted the importance of complying with norms of international law, yet argued that these norms were not applicable to the facts. By contrast, despite being party to several Human Rights Conventions that South Africa never was,[ii] Israel disregards the applicability of international law norms. This includes the Israeli government’s refusal to recognise the jurisdiction of the International Court of Justice, which in 2004 confirmed that the construction of the wall in the Occupied Palestinian Territory, the settlements and associated regime were contrary to international law.[iii]

So, how does one explain such a dismissive attitude towards international law? Both Dugard and Shawan Jabarin, who also spoke at the event, agreed that a combination of State complicity and lack of political will on the part of the United States and the European Union to ensure that Israel respected human rights and other sources of international law played a crucial role in perpetuating Israel’s domination of the Palestinian people.

As Jabarin further highlighted, although legally it is possible to argue that Israel’s occupation has many features of apartheid and colonialism, when assessing how the concept of apartheid applies in the Israel-Palestine territory, a purely legal analysis is insufficient. It is critical to consider political factors and the daily conditions that people face under the regime.

How nationality works in Israel-Palestine

Israel does not legally-recognise Israeli nationality. Instead, Israelis and Palestinians experience profoundly different conditions and enjoy different privileges, depending on their legally-mandated, privileged nationality as Jewish, or in accordance with more than 130 other officially-recognised nationalities. By disassociating the concepts of nationality and citizenship, Israel enforces a particularly strict regime of separate development. Ronnie Barkan, who also addressed the event, argued strongly that apartheid went beyond its application to Israel’s occupation of Palestinian territories, noting that not every Israeli citizen enjoys the same rights. In other words, the dual-layered legal framework of Israel privileges Jewish nationality, while excluding and/or neglecting the rights of everyone else.

Moreover, Barkan argued that Israel was built upon this sophisticated dual-layered framework that on the surface seemed like a democracy, but only protected the rights of a privileged national group. For example, although Palestinians are allowed to vote, only candidates who recognize Israel as a Jewish state are permitted to participate in elections. In this sense, the participation of Palestinians in the political system is only apparent in so far as it does not have the potential to modify power structures, or their living conditions.

Nationality also determines who gets access to land and who is allowed to live in certain areas. The blockade of the Gaza Strip and the West Bank, the establishment of settlements and the forced displacement of Palestinians from their villages are further examples of inhuman practices, through which Israel exercises its control.

All panelists agreed that the issue went beyond domination. The long term goal of Israel’s apartheid regime is not merely to exercise control over Palestinians, but to expel them from the land.

Responses to challenge apartheid

In July 2018, Israel issued the “Nation-State Law”.[iv] Among other measures, the law declares that Israel is a Jewish state, and that the only official language is Hebrew, whereas previously the second official language was Arabic. The law is by no means the first, but possibly the most blatant effort to entrench apartheid. Protests from civil society have been considerable, including a stepping-up of the Palestinian-led Movement for Boycott, Divestment and Sanctions (the BDS Movement) until Israel respects Palestinian rights.

As observed by the third panelist, Nieuwhof, the BDS Movement offers an action perspective, a tool to mobilize citizens to pressure governments and companies to support the Palestinian people. One of the early achievements of the movement, she noted, was a decision by the Dutch Bank ASN to divest from Veolia, one of many companies that has generated profits from the illegal occupation of the territory of Palestine.

All in all, the event was both timely and highly-relevant to the ISS research agenda on social justice. Regardless of one’s views, it is important to preserve spaces for discussions like this, which allow us to explore a critical perspective regarding one of the most relevant social justice issues of our time.

[i] In addition to Dugard, Ronnie Barkan, an Israeli human rights activist and founder of the movement Boycott From Within shared his perspectives, together with Adri Nieuwhof, a long-standing human rights advocate who worked from the late 1970s with the Holland Committee for Southern Africa and Shawan Jabarin, a Palestinian human rights advocate, Commissioner of the International Commission of Jurists (ICJ) and General Director of the Al-Haq.

[ii] Israel is signatory of the International Convention on the Suppression and Punishment of the Crime of Apartheid (ratified on 1973), the International Convention on the Elimination of All Forms of Racial Discrimination (ratified on 1979), the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (ratified on 1991), and the International Covenant on Civil and Political Rights (ratified on 1991).

[iii] Israel’s Supreme Court only partially recognised the ICJ’s ruling. See Susan Akram and Michael Lynk (2006) ‘The Wall and The Law: A Tale of Two Judgements’, Netherlands Quarterly of Human Rights 24(1): 61-106.

[iv] This was the subject of an earlier event, also organized at ISS.

Image Credit: © 2007 George Latuff. Wikicommons. Nelson Mandela, who spent 27 years in prison for fighting apartheid in South Africa, said that “our freedom is incomplete without the freedom of the Palestinians”.

About the authors:

Ana María Arbeláez Trujillo is a recent graduate from the Erasmus Mundus Program in Public Policy. She is a lawyer and a specialist in Environmental Law. Her research interests are the political economy of extractivist industries, environmental conflicts, and rural development.

Jeff Handmaker is a senior researcher at the International Institute of Social Studies (ISS) and focuses on legal mobilisation.

He is a regular author for Bliss. Read all his posts here.

The Netherlands and Colombia: A Blurry Alliance by Ana María Arbeláez Trujillo

By Admin 18 April 201918 May 2020

The Netherlands may have found in Colombia a strategic partner to help expand its commercial activities, but Colombia’s complex social context needs to be carefully considered. Whether this alliance will benefit both countries, or will reinforce the dynamics of the longest conflict in Latin American history, will depend greatly on the Dutch stance towards very sensitive issues that affect the Colombian rural sector.

The Netherlands has found in Colombia a strategic partner to expand its commercial activity in Latin America. In 2017, the exports of the South American country to the Netherlands amounted to 1.542 million US dollars, situating the Dutch economy as the fourth most important destination of Colombian products worldwide, and the first within the European Union[1].

This partnership is presented as a win-win scenario. While the Netherlands could benefit from Colombia’s 40 million hectares of land suitable for agriculture[2], Colombia could fully develop its rural potential through an alliance with the world leader in agricultural innovation. This cooperation holds a great deal of promise. Thus, there are grand expectations regarding the meeting that took place last November in Bogotá between Prime Minister Mark Rutte and President Iván Duque, who came to power in August 2018.

However, some caution is needed. The Prime Minister’s visit occured in a context of uncertainty and digression given Duque’s lack of political will to comply with the peace agreement reached between the former government and the FARC, as well as his dismissive attitude towards structural problems of the rural sector such as the excessive concentration of land, extreme poverty, and inequality.

In this regard, a study conducted by Oxfam in 2017[3] revealed that currently, concentration of land in Colombia is much higher than it was in the 1960s when the conflict started. The statistics show that while 80% of rural land in the country is controlled by 1% of the large estates, small farmers have lost most of their territory. As evidence, 80% of small peasants have a landholding smaller than 10 hectares, which do not occupy even 5% of the census area. Moreover, official data shows that the Gini coefficient of rural property is 89,7% (with 0 corresponding to complete equality and 100 corresponding to complete inequality)[4].

The government’s approach, however, has been to neglect the multidimensional character of the rural problem. Since his presidential campaign, Duque has been skeptical of the peace process. Therefore, although the first point of the peace agreement is to push forward a comprehensive agrarian reform, the policy of the new government has focused mainly on supporting agro-business, implementing modernisation measures, and protecting the property rights of large landowners[5].

This official position has raised a deep concern among many civil society actors who have fears pertaining to the success of historical compromises reached in La Habana. The initiatives that are at risk include: the creation of a Land Fund for the distribution of land that was illegally acquired; the development of procedures to formalise property rights of small and medium farmers; and the establishment of ‘Territorial Spaces for Training and Reincorporation Spaces’ (ETCR in Spanish), which are places dedicated to training the former members of the FARC for their reincorporation into civil life through productive projects[6]. To this day, the government has not shown a serious commitment to advance any of these strategies, threatening the future of the post-conflict phase.

Most worryingly, the Office of the Ombudsman in Colombia reported that 331 community leaders were killed between January 2016 and August 2018[7], and that the number keeps growing[8]. The seriousness of the situation led the UN[9] and IACHR[10] to urge the Colombian government to strengthen protection measures to guarantee the integrity of social leaders. Although the government has denied the systematic character of these killings, in the face of strong national and international pressure, the creation of an integral policy to tackle this urgent situation was announced[11]. It is worth noting that 80% of the leaders that have been killed were involved in the defense of the territory and restitution of land efforts[12].

In this regard, on 5 April more than 500 Colombians gathered in The Hague to march peacefully from the Colombian Embassy to the Headquarters of the ICC[13]. Their aim was to denounce that the lack of action of the Colombian State is leading to impunity of crimes against humanity, and to raise awareness among the international community[14].

This complex social context must be seriously considered by the Dutch commission that will advise the Prime Minister on his negotiations with Colombia. Whether this alliance will foster both countries, or will reinforce the dynamics of the longest conflict in Latin American history, will depend greatly on the Dutch stance towards these very sensitive issues that affect the Colombian rural sector.

References

[1]http://www.mincit.gov.co/loader.php?lServicio=Documentos&lFuncion=verPdf&id=80988&name=OEE_MA_JM_Estadisticas_de_comercio_exterior_ene-ago_2018.pdf&prefijo=file

[2] https://www.elespectador.com/economia/colombia-tiene-40-millones-de-hectareas-para-producir-alimentos-articulo-795814 and http://es.presidencia.gov.co/noticia/180621-Gobierno-definio-Frontera-Agricola-Nacional-para-avanzar-hacia-el-desarrollo-rural-sostenible-y-proteger-la-biodiversidad

[3] https://d1tn3vj7xz9fdh.cloudfront.net/s3fs-public/file_attachments/colombia_-_snapshot_of_inequality.pdf

[4] https://www.eltiempo.com/economia/sectores/desigualdad-en-la-propiedad-de-la-tierra-en-colombia-32186

[5] https://lasillavacia.com/silla-llena/red-rural/historia/los-programas-agrarios-de-los-candidatos-en-campana-un-analisis and https://semanarural.com/web/articulo/elecciones-presidenciales-2018-las-propuestas-para-el-campo/504 and https://www.portafolio.co/economia/propuestas-de-los-candidatos-presidenciales-en-el-agro-y-lo-rural-son-incompletas-517480

[6]https://semanarural.com/web/articulo/que-le-espera-a-la-colombia-rural-en-la-presidencia-de-ivan-duque/550 and https://elpais.com/elpais/2018/08/30/planeta_futuro/1535660220_091882.html

[11] https://www.elheraldo.co/politica/no-podemos-decir-que-asesinato-de-lideres-sociales-sea-sistematico-mininterior-543998 and https://www.elespectador.com/noticias/politica/gobiernos-de-santos-y-duque-coinciden-asesinato-de-lideres-sociales-no-es-sistematico-articulo-813250

[12] https://www.rcnradio.com/colombia/durante-el-gobierno-duque-22-lideres-sociales-han-sido-asesinados

[13] https://paxencolombia.org/la-cpi-recibio-documentacion-sobre-asesinato-de-lideres-sociales-en-colombia/

[14] https://www.resumen-english.org/2019/04/march-to-the-international-criminal-court-to-stop-the-murders-of-social-leaders-in-colombia/

About the author:

Ana María Arbeláez Trujillo is a recent graduate from the Erasmus Mundus Program in Public Policy. She is a lawyer and a specialist in Environmental Law. Her research interests are the political economy of extractivist industries, environmental conflicts, and rural development.