South America

Colombia and FARC Agree to De-escalate

By Kaitlyn Degnan
Impunity Watch Reporter, South America

BOGOTA, Colombia — Colombia has agreed to de-escalate attacks against FARC rebels, so long as FARC maintains their unilateral ceasefire. FARC representatives announced on July 8th that they would initiate a ceasefire starting July 20th. The Colombian government agreed to de-escalate actions against FARC. Representatives of the two parties announced the agreement in a joint press release from the ongoing peace conference, held in Havana, Cuba.

Colombian lead negotiator Humberto de la Calle and FARC lead negotiator Ivan Marquez at Havana peace talks. (Photo courtesy of Reuters)

Talks have been ongoing for about two and a half years, but have recently suffered set-backs caused by a significant escalation of violence between the parties in recent months. The most recent ceasefire (called for by FARC in December 2014) ended after 11 Colombian soldiers were killed in April. FARC officially ended the ceasefire on May 22, and relations between the parties (and the quality of the peace talks) have deteriorated since.

Following the initial April incident, Colombia resumed bombing campaigns against FARC-held positions. FARC responded by targeting Colombian oil pipelines. June was the most violent month in the Colombian/FARC conflict since 2012, with the Conflict Analysis Resource Center (in Bogota) logging 83 armed attacks during the month.

Although FARC has called for bilateral ceasefires in the past, the Colombian government has rejected the notion each time. The lead negotiator for the Colombian government, Humberto de la Calle, has emphasized that this agreement does not constitute a bilateral cease fire.

Speaking following the announcement of the agreement, de la Calle said, “We are not going to just paralyze government forces for a simple illusion that will later prove frustrating.” He specified that Colombian forces will continue to respond to any instances of violence coming from FARC rebels.

Talks have been ongoing between Colombia and FARC in Havana since November 2012. Cuba and Norway are both acting as guarantors to the peace process, and have each called for a truce. Pope Francis has also offered Vatican assistance in the peace process.

Colombian President Santos has pledged that the government and FARC will work together towards a final peace agreement “without delay.” He also announced that he will make a decision in four months on whether to continue the process, or not.

220,000 people have died in the 50 year conflict between the government and the rebels, and millions of civilians have been displaced.

For more information, please see:

BBC – Colombia agrees to reduce attacks against the Farc – 12 July 2015

International Business Times – Colombia and FARC Agree on De-Escalation Plan, Removing Roadblock to Historic Peace Deal – 12 July 2015

REUTERS – Colombia says to de-escalate war if rebels uphold ceasefire – 12 July 2015

TeleSur – FARC and Colombian Government Agree to Ease Hostilities – 12 July 2015

ABC News – Pope Offers Vatican Assistance to Colombia Peace Process – 13 July 2015

 

Brazil Votes to Lower Age of Responsibility

By Kaitlyn Degnan
Impunity Watch Reporter, South America

BRASILIA, Brazil — The Congress of Brazil has voted in favor of a constitutional amendment that would lower the age of criminal responsibility in the country to age 16. The vote came just one day after Congress had voted down an earlier version of the amendment.

Students protest lowering the age of criminal responsibility (Courtesy of the BBC)

323 out of 480 legislators voted in favor of the amendment, taking a step towards changing the Brazilian constitution.

The amendment would change the Statute of Children and Adolescents of 1990, which details that children under the age of 18 cannot be held legally responsible for crimes committed. Under the old law, children found guilty of crimes that require a greater sentence than a warning or reparations are sent to detention centers for no longer than 3 years.

The change lowers the age of criminal responsibility to 16 for those children found guilty of “heinous crimes,” which includes rape, murder, and robbery followed by rape or murder.

The original version of the amendment included drug trafficking, aggravated robbery and terrorism as crimes with a lower responsibility age. The removal of these provisions allowed amendment to pass House.

The proposed change came about after a spike in high profile violent crimes perpetrated by under-18s.

The vote was highly controversial in Brazil, drawing criticism from President Dilma Rousseff and organizations such as Human Rights Watch. President Rousseff commented back in April: “We cannot allow the reduction of the age of criminal responsibility to 16 years old to 18 years old. The place for children is at school.”

Opponents have also criticized the speaker of the lower house, Edward Cunha, for pushing through a second vote on the amendment less than 24 hours after it was originally rejected.

Student groups across the country have also protested against the move.

Brazil has the fourth largest prison system in the world, and the prison population has increased by 33% since 2008. Overcrowding is a common issue in many of Brazil’s prisons, and the amendment’s critics say that the move will put children at risk in dangerous prisons. The amendment’s supporters insist that if the law passes, special detention centers for 16-18 year olds will be opened.

 

For more information, please see:

BBC – Brazil Congress in U-Turn on criminal age vote – 2 July 2015

The Guardian – Brazil’s congress reduces age of criminal responsibility to 16 – 2 July 2015

Prensa Latina News Agency – New Brazilian Dispute: Reduction of Age of Criminal Responsibility – 2 July 2015

TeleSur – Brazil Congress Votes to Lower Age of Criminal Responsibility – 2 July 2015

inNews – Brazil: Reduction in Age of Criminal Responsibility Jumps First Hurdle – 6 July 2015

 

 

Report Shows Evidence Of False Positive Killings

By Kaitlyn Degnan
Impunity Watch Reporter, South America

BOGOTA, Colombia — Human Rights Watch has released a 95-page report on evidence of false positive killings by Colombian troops between 2002 and 2008. At the time, Colombia was conducting frequent military operations against the Revolutionary Armed Forces of Colombia.

Colombians protest the false positive killings. [Photo courtesy of BBC]
According to the report, there are 3,700 alleged incidences of false positive killings under investigation by the Colombian Attorney General. The victims were rural farmers, criminals and addicts, either abducted or lured to remote areas. After being killed, the victims were dressed in fatigues and arranged with weapons.

Over 180 battalions and tactical units are thought to have been involved in the killings over the course of six years. The killings were considered a measure of military success and were some times rewarded with cash and vacation time.

The killings sputtered out after the death of 19 young men from Bogota caught international attention and resulted in the Colombian army’s top commander stepping down. Since then about 800 army personnel have been charged with extrajudicial killings, most of them lower-ranking soldiers.

Colombia enacted the Legal Framework for Peace in 2012, a constitutional amendment that may allow impunity for atrocities committed by guerilla groups, paramilitary groups and the military upon the completion of a peace agreement between Colombia and FARC.

Very few of the army’s top officials, who the report alleges knew or should have known about the killings, have been charged with the crimes. Current commander of the Colombian Army General Jaime Laspirilla and commander of the armed forces General Juan Pablo Rodriguez have been summoned by the Attorney General’s office to give evidence. Colombian President Juan Manuel Santos defended the two men, saying that he was not aware of any investigation against them.

Those involved who have spoken out or testified about the issue have faced backlash from within the military. Sergeant Carlos Mora reported some suspicious deaths to his superiors in 2006 and soon faced harassment and frequently dangerous assignments. His superiors also implied that his family would be killed if he continued told anyone else. He would later bring his suspicions to high command.

In October 2014, Niixón de Jesús Cárcamo was murdered in the 11th Brigade’s military detention center. Cárcamo had confessed to being involved with the false positive killings and was providing information on his superiors’ actions to investigators.

The International Criminal Court’s Office of the Prosecutor has been closely watching the proceedings in Colombia. The Office will consider opening an investigation if it determines that the Colombian authorities are not genuinely engaging in the prosecutions.

The United States has provided Colombia with billions of dollars in military aid because the country was “threatened by an insurgency,” said Senator Patrick J. Leahy (D-Vt.). Leahy has criticized the aid given to Colombia in the past. Additionally, Human Rights Watch has called for the U.S. to suspend any military aid to Colombia that is subject to human rights conditions.

Colombia and FARC representatives have been in ongoing talks for a peace agreement since November 2012.

 

For more information, please see:

BBC – Colombia’s top army officials ‘knew of extrajudicial killings’ – 24 June 2015

Colombia Reports – Colombia generals escaping punishment for for role in civilian killings: HRW – 24 June 2015

The Guardian – Colombia acts on massacres – punishing whistleblower and promoting officers – 24 June 2015

Human Rights Watch – Colombia: Top Brass Linked to Extrajudicial Executions – 24 June 2015

Human Rights Watch – On Their Watch: Evidence of Senior Officers’ Responsibility for False Positive Killings in Colombia – 24 June 2015

Washington Post – Colombian army killed civilians to fake battlefield success, rights group says – 24 June 2015

Colombian Displacement Second Only To Syria

By Kaitlyn Degnan
Impunity Watch Reporter, South America

BOGOTÁ, Colombia – The number of internally displaced persons in Colombia has surpassed 6 million, according to a report by the United Nations High Commissioner on Refugees. The report surveys the number of refugees, displaced persons, asylum seekers and “others of concern.”

The IDP settlement of Altos de la Florida, Soacha, Colombia. [Photo courtesy of UNHCR]
Although this year’s report identifies a decrease in the number of reported refugees, this is mainly attributed to Venezuela’s revision of the reported number of Colombian refugees in the country. Despite the decrease, Colombia has the highest number of refugees and internally displaced persons in South America, and is second only to Syria world-wide. There are 6.4 million Colombians falling into this category. Out of those, 137,000 are internally displaced persons. Only Syria has a greater number of refugees and internally displaced persons, with about 12 million people falling into this category.

“It’s not just the FARC,” says UNHCR Colombia Representative Martin Gottwald. Forty percent of human rights violations in Colombia are perpetrated by new “irregular groups,” many of which have evolved from long demobilized paramilitary groups.

The high number of internally displaced persons and refugees are the result of 50 years of conflict between the Colombian government and different groups, including the FARC, or the Revolutionary Armed Forces of Colombia. The FARC and the Colombian government have engaged in peace talks on-and-off since November 2012.

The release of the report comes on the heels of the 2015 Global Peace Index, which ranked Colombia as 146 out of 162 countries worldwide. The report named the high number of displaced persons and refugees as a driving factor behind the low score.

About a week before the release of the report, the UN High Commissioner for Refugees António Guterres publicly expressed concern over the effects of the ongoing conflict. He called for “solutions… to guarantee the safety and dignity of refugees and people displaced inside Colombia,” and said that the UNHCR would be ready to support the peace process.

Guterres also commented on the rising number of internally displaced persons and refugees worldwide, citing that one in every 122 people is a refugee, internally displaced person, or asylum seeker. Criticizing global inaction on the issue, he said: “It is terrifying that on the one hand there is more and more impunity for those starting conflicts, and on the other there is seeming utter inability of the international community to work together to stop wars and build and preserve peace.”

 

For more information, please see:

BBC – Profiles: Colombia’s armed groups – 29 August 2013

UNHCR – UN High Commissioner for Refugees expresses concern over fresh fighting in Colombia – 11 June 2015

International Business Times – Latin America Less Peaceful in 2015 Due to Rising Instability: Report – 17 June 2015

Miami Herald – U.N. Report: Colombia continues to lead world in displaced, refugees – 18 June 2015

UNHCR – World-wide displacement hits all-time high as war and prosecution increase – 18 June 2015

Ceballos Ends Strike – Dozens More Continue

By Kaitlyn Degnan
Impunity Watch Reporter, South America

CARACAS, Venezuela — Daniel Ceballos, a jailed Venezuelan opposition leader, ended his hunger strike on June 11. He is the former mayor of San Cristobal.

Ceballos, along with fellow opposition leader Leopoldo Lopez have been engaging in hunger strikes for the release of imprisoned Venezuelan opposition members.

They are also demanding that the government set a date for parliamentary elections, which are due to be held this year.

Ceballos ended his strike after 20 days due to kidney pain. His weight had dropped to 57 kilos (125 pounds). It has not been confirmed whether Lopez has continued his strike.

Ceballos was arrested last year in response to his role in anti-government protests. Venezuelan President Nicolas Maduro has accused Ceballos and Lopez of being responsible for 40 deaths during anti-government protests last year.

The announcement of the end of his strike was made by Patricia de Ceballos, who ran for (and won) her husband’s mayoral position after his arrest.

Following the announcement of the end of his strike, Ceballos was transferred to a new detention center.

Venezuelans in New York City protest outside the United Nations. (Photo courtesy of the PanAm Post)

About 74 Venezuelans, in the country and elsewhere throughout the world have joined Ceballos and Lopez in their protest. The protesters come from all walks of life, including five political prisoners, one congressman, two councilmen, a teacher, a state employee and over 50 youth activists.

Two councilmen from Venezuela in Rome participating in the protests met with Monseigneur Carlos Mendiola, a Vatican representative. Venezuelan exiles in New York City protested outside of the United Nations Headquarters and were granted an audience with UN Secretary General Ban Ki Moon.

Those striking in solidarity has stated their main objective is to gain attention for the plight of the political dissidents from bodies like the United Nations and the Catholic Church. These protests have been somewhat successful – some world leaders have begun issuing statements directed at Maduro and Venezuela.

European Council President Donald Tusk expressed his disapproval over the opposition imprisonments in Venezuela. Although the Council’s official declaration discussed its opposition to US sanctions against Venezuela, Tusk called this a “compromise.” He indicated that the perceived human rights violations in Venezuela were a topic of conversation were a topic behind closed doors.

In an opinion piece in El País, Desmond Tutu, South-African Archbishop and Nobel Peace Prize laureate called on Maduro to release political prisoners. He also condemned human rights violations in the country.

Venezuela has yet to respond to any of the allegations or demands.

 

For more information, please see:

Buenos Aires Herald – Jailed former Venezuela mayor ends hunger strike – 11 June 2015

PanAm Post – Vatican, UN lend an ear to Venezuelan hunger strikers – 11 June 2015

Reuters – Jailed former mayor ends hunger strike in Venezuela – 11 June 2015

PanAm Post – Desmond Tutu slams Nicolas Maduro over human rights violations – 12 June 2015

PanAm Post – Venezuelan political prisoner Daniel Ceballos abandons hunger strike – 12 June 2015

Wall Street Journal – European council president challenges Venezuela after human rights violations after summit – 12 June 2015