Gustavo Petro and Juanita Goebertus, director of HRW
“Trying to obtain the pillars of a peace that will become final in the future” is the main objective of the Colombian President’s government Gustav Petro. A policy that implies the disarmament of armed groups, but also other measures taken by the state to deactivate violence in the territory where the organization is located Human Rights Watch He pointed out five challenges and a suggestion for success.
The President has formulated the policy of “total peace” which he announced this weekend in recognition of the troops of the public violence it will be his government that introduces him, all members of this institution and civil society to the story.
HRW also welcomes politics. In a letter addressed to the President of the Republic, they addressed several aspects that should be taken into account in order to guarantee human rights in areas that In the last five years they have seen an increase in violence.
The international organization asked the government to propose a new security policy, noting that “lThe policies of former President Iván Duque’s government failed to guarantee human rights in remote areas of Colombia and allowed armed groups to expand their territorial control“.
They suggest that the basis of this new policy is for state armed forces and other institutions to focus their efforts on protecting civilians and comprehensively dismantling armed groups, from illicit economies and networks, and money laundering. LThe indicators must be effective territorial control, respect for human rights and prevention of abuses.
The new policy must include a strategy to dismantle armed groups, led by the National Commission for Security Guaranteesprovided for in the peace agreement and which must coincide with the expansion of the presence of state institutions in the territories.
The Petro government has opened negotiations with the armed groups. To this end, it has already resumed protocols with the ELN to pave the way for talks in Cuba. However, HRW warns that it must be clarified with which groups such negotiations can be conducted and on what terms.
This decision is crucial in the country’s current scenario, according to the organization. After the disarmament of the FARC, more than 30 dissidents emerged from this armed group; exists the THEN and has expanded golf clan self defined as Gaitanista Self-Defense Groups in Colombia.
The differentiation of these goals corresponds, because while the FARC and the ELN hold the necessary political budgets for the peace negotiations Other organizations recognized as armed groups mainly conduct criminal activities to generate criminal revenue. who have access to subjugation guidelines because they are organized crime groups.
“Currently, the existing laws governing both types of processes only allow the government to conduct negotiations with armed groups as defined in Additional Protocol II to the Geneva Conventions,” but recognizes that international law does not specify by which they do so can be negotiated, move peace talks forward, and it is government that can define them, even if it requires changes to current internal regulations.
Archive photo. Guerrillas from the left-wing National Liberation Army (ELN) rest in front of a house in the jungle of Chocó department, Colombia, August 30, 2017 Portal/Federico Ríos
“We urge your government to review the current classification of armed groups in the country, which is unclear and has created confusion both in distinguishing between court subjugation strategies and political peace negotiations, as in the other issue, but which in practice in Colombia have been linked to the use of force-use rules in military and police force operations,” HRW said.
In order for total peace to succeed, the organization is led by former senators Juanita Goebert She recommended that the government address the conditions that have perpetuated the violence. In this sense, reduce the power of armed groups through illegal economies and guarantee the economic and social rights of the population.
recommend increasing the presence of state institutions in 170 of Colombia’s poorest communities, Strengthening the capacity of institutions such as the Office of the Ombudsman, as well as judges, judicial police prosecutors and public defenders in remote areas.
During the talks he warns of the need to ignore the commitments already made in the peace agreement, so that there is no duplication of work if they have not made any significant progress in implementation. In addition, it notes that while transitional justice mechanisms have been put in place, the regular judiciary, which is key to curbing violence, has not been strengthened.
“Due to the immense profitability of the illicit drug trade and the ability of criminal groups to corrupt the authorities, An effective drug policy is essential for these reforms to be successful and contribute to a lasting reduction in violence and corruption‘ notes HRW.
While celebrating the move towards a new drug policy, they stress the need to implement plans to substitute crops for illicit use in the peace accord and not neglect the prosecution of organized crime, which focuses on drug-related corruption leave human trafficking and money laundering, instead of the lower levels of the criminal chain, like the peasants.
“As a bare minimum, your government should guarantee that any agreement with armed groups that are part of the armed conflict, such as the ELN guerrillas, meets the accountability established in the peace agreement with the FARC and its special jurisdiction. for Peace, including an effective restriction of liberty consistent with Colombia’s international obligations. Any deal that includes lower accountability could easily breach international obligations‘ the organization stated.
In this respect, he also advises against resorting to the JEP for war crimes, since this special court already has a large number of cases. However, what the ELN has pledged could be evaluated when an agreement is signed. Despite this, she suggests that the mechanisms have broad victim participation and focus on those primarily responsible, not in concrete cases, but in patterns such as are currently being developed by the Peace Court.
Finally, Goebertus urged President Petro to carefully examine the lists of people submitting to court benefits in order to avoid the occupation. In this sense, she proposes coordinated work with the public prosecutor’s office to check the background and prevent those who have committed crimes from receiving benefits in the end to evade effective justice.
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The President called on the armed forces: “In times of peace, sovereignty must be defended.” The United States delegation will arrive in Colombia to coordinate the peace agenda and the fight against drugs with the Petro government