Author: Martin Higgins

Justice for Colombia’s indigenous people at last?

guambianos-10-Edilma-Prada

In 1492 a long-standing conflict was born in the Americas: to what extent should the conquering Europeans respect the rights of the indigenous population?

In the 21st century where the rights of minorities have become a firmly established norm in the international community, shouldn`t Colombia`s indigenous people have their rights guaranteed by the Colombian government?

Earlier this week a deal was struck between the government and representatives of the indigenous population in the southern Colombian department of Cauca – where they make up 20% of the population. The resolution hopes to bring to an end a 22-year dispute over the failure to deliver the indigenous community land and autonomy as promised by the 1991 Colombia Constitution.

$42m will now be invested in land for the community, and the government has promised improvements in health and education coverage. The National Indigenous Organisation of Colombia (ONIC) described the deal as a “fundamental step” towards autonomy.

The agreement brings to an end a week of protests against the government which had paralyzed the Pan-American Highway between Cali and Popayan, causing food and fuel shortages across Cauca. Matters were aggravated with the deaths of two protesters amid reports of excessive force by government security forces. The State has claimed FARC infiltration of the protests.

Despite the agreement on land, the two parties failed to find accord elsewhere. The indigenous communities voice opposition to the effect of mining projects on the environment of their reservations, and also to the Free Trade Agreement with the US which they indicate is threatening their agricultural livelihood. Misgivings remain too over the government’s “democratic security” policies.

The government’s position is borne out of its economics; it believes that in granting concessions to the indigenous community it would impede the nation’s ability to benefit from the natural resources on indigenous reservations, and that granting concessions to protect indigenous communities from the negative effects of the FTA with the US would run counter to the Santos government`s liberal economic policies.

Nevertheless, the fact a deal was struck, does suggest Colombia`s indigenous community is growing in political confidence.  These communities have been some of the hardest hit by the armed conflict and the Colombian government’s failure to deliver on promises made 22 years ago has been shameful.

The promises go a small way to granting the indigenous people of Colombia the right to self-determination and to a decent standard of living, though the failure to reach agreements on the FTA, mining and the presence of government security forces in indigenous areas suggests that the saga is likely to rear its ugly head again in the future.

Colombia´s Santos visits United Kingdom

Londres 02 copia

Colombia President Santos arrived in the United Kingdom today for a two-day trip where he met with Prime Minister David Cameron to discuss ways to increase trade links between the countries as well as the often thorny issue for Colombia of human rights.

Speaking at a press conference this morning after meeting with the British Prime Minister, Santos paid homage to the support that the UK has offered in the peace process calling relations between the countries as being at the “best time in its history”.

Santos highlighted that Colombia had doubled its trade with the UK since his last visit two years ago and that the free trade agreement with the European Union – finally ratified by the Colombia Congress yesterday – would help this growth to continue.

Also, among this issues discussed was that of bilingualism, through which President Santos expressed his Anglophilia by saying he wanted Colombia to become a “centre of bilingualism” in Latin America, one imagines by increasing the standard and number of English speaking Colombians.

After meeting the Prime Minister as well as Foreign Secretary William Hague and Minister of State Hugo Swire, Santos later visited Oxford University where he joined representatives from a number of countries across the globe to launch a joint scheme with the university   that will help emerging countries tackle poverty through the creation of a peer-to-peer network.

Speaking at the visit, Santos boasted his record on the economy by claiming that two million jobs have been created since he took office in 2010. He also spoke of his record on tackling poverty and income inequality, stating that Colombia’s Gini coefficient – the standard measure on economic inequality – has fallen from 0.56 in 2010 to 2012 0.539.

Perhaps of note to Santos in this aspect is that this is the highest in the exclusive club that Colombia is about to join – the OECD.

Santos will meet with Prince Charles tomorrow after speaking at an event hosted by the Financial Times.

 

Colombia OECD, a place at the top table awaits

Ocde

Colombia has begun accession talks on entering the prestigious Organisation for Economic Co-operation and Development (OECD), it was announced Thursday. Ministers from each of the 34 member states agreed to invite Colombia to begin negotiations during the annual meeting of the organisation in Paris.

It means that Colombia is set to join the elite club of 34 of the most economically developed liberal democracies in the world, including the United States, Germany and the United Kingdom. Colombia will be the third country from Latin America after Mexico and Chile to join the organisation which was originally set up in 1961.

President Santos was in jubilant mood speaking after the announcement:

“It means that we will increasingly improve the quality of our public policies, and now they’re going to measure ourselves with the highest standards. It means that it will further increase the confidence of investors in our country, which translates into more jobs, more competitiveness, and better living conditions for all Colombians.”

He proclaimed: “Only the best are invited, and Colombia, fortunately, is one of them”.

Current members of the OECD spoke out in favour of the decision, including Spain which expressed its “full support” for the decision, and the United Kingdom which claimed that Colombia had the “dedication” and “political will” to succeed as a member.

The Secretary-General of the OECD, Angel Gurría said that Colombia “will make a valuable contribution to enrich our collective experience and strengthen OECD as a source of effective and innovative public policies.”

Colombia Politics view

President Santos set membership of the OECD as a central aim of his presidency as soon as he entered the Casa de Nariño. This is an evident success for the government. With this move Colombia continues to move away from her neighbours who appear to continue to follow a path towards economic illiberalism and authoritarianism.

Will this mean anything for the “man on the street”? Probably not, at least in the short term. Nevertheless, government policy is already been set with the OECD´s “rules” in mind. The tax reform law which came into effect early this year is widely recognised as a major nod to the OECD´s positions on treasury revenue rasing methods, and job creation.

Santos urges Pacific Alliance to “think big”

AP_PacificAlliance_2013_700pix

Colombian President Santos has outlined a bold vision for the future of the Pacific Alliance claiming it “is much more than a free trade agreement” and that it is “set to be the most important integration process in Latin American history”.

Santos was speaking ahead of the bloc’s key summit in Cali which formally began today and sees Colombia assume the rotating presidency.

Security is tight in the city with a reinforced military presence drafted in to protect the esteemed delegations from the three other member states of the Pacific Alliance, Chile Mexico and Peru, as well as those from a number of other observer states including Spain, Canada and Costa Rica.

In his speech, Santos was keen to emphasise the values he believe underpin the Alliance:

“Wshare a faith in democracy, we share our belief in the separation of powers, in human rights, fundamental freedoms, and believe in the benefits of free trade, foreign investment and generating employment and stability”

In addition to this he pointed out the credentials of the bloc, with the four countries together constituting the eighth largest economy of the world and over one third of the GDP of Latin America.

As Colombia Politics has reported before, the early success that this organisation has enjoyed is largely down to the similarities in political orientation of the four countries involved. The accomplishments in securing the removal of tariff barriers and restrictions in the movement of citizens between the nations are only the first stage.

An important challenge that the bloc will face in the coming years is to fulfil one of the objectives set out when the group was formed – to forge greater links with – and increase their influence over – the economically vibrant Asia-Pacific region.

Speaking to Colombia newspaper El Espectador Javier Diaz , the CEO of Analdex, Colombia’s National Association of Foreign Trade,  was enthusiastic about the Alliance:

“Colombia needs it. It is important to integrate with Asia Pacific, accelerate this process and make a bloc with those who already have alliances with them, such as Mexico, Peru, and Chile, partners in the Alliance.”

However not all are embracing the bloc with such fervour. Colombia’s textiles industry could lose out should Colombia open up links to Asia Pacific which currently dominates the clothes manufacturing industry.

Speaking also to El Espectador, Carlos Eduardo Botero of textiles company Inexmoda posed the difficult question:

“How much are we gaining from all these treaties being signed with the rest of the world? In 2012 we had a negative trade balance in textiles is the first time in history“

A quandary indeed, but it seems as though the train as already left the station and the opening up of trade in the bloc is unlikely to be reversed any time soon. The success of integration is something to keep any eye out for.

Nicaragua to sue Colombia over San Andres?

san-andres1

The Nicaraguan government is to begin legal action at the International Court of Justice in The Hague against Colombia, in attempt to claim more maritime territory on the continental shelf around the islands of San Andres in the Caribbean.

The move will rub salt into the wounds of the Colombian government, who felt aggrieved at the judgment reached last November which saw the ICJ rule that 70,000 square kilometres of the maritime territory was to become Nicaraguan.

Nicaragua’s ambassador in The Hague, Carlos Arguello, said that the ruling did not specify whether Nicaragua is not entitled make further claims for sovereignty of the continental shelf around the islands, and that as such they are considering making additional demands.

Arguello added that it was “outrageous” that Colombia has not yet formally recognised the decision by the ICJ when it has “always boasted” that it respects international law.

Senator Alexandra Moreno Piraquive of Colombia reacted with anger to the move, stating that Nicaragua should respect Colombia’s decision to review the ruling handed down by the ICJ. He added that as Colombia withdrew from the Pact of Bogota, which binds them to the decisions of the ICJ, it has the right to hold the decision of the court in contempt.

Colombian Foreign Minister Maria Angela Holguin claimed last month that Colombia was “working with lawyers on this point to look at how we can prevent this coming back to the ICJ”.

Colombia Politics view

The Colombian government has been criticised at home for appearing to be on the back foot following the ruling in November. It appears so far to have failed to come up with a response to a crisis which, for many, is of its own making.

Nicaragua looks to have outsmarted and outplayed the Colombian foreign ministry. Is this a stain on the competence of the Colombian diplomatic corps?

Pacific Alliance to form its own parliament?

pacific-alliance

A commission was established yesterday by the four countries of the Pacific Alliance, which includes Colombia, to draw up plans for an institution or “parliament” that will oversee the work of the organisation and formalise the agreements it makes through a legislative framework.

The President of the Colombian Senate Roy Barreras announced the plans at a meeting in Bogota along with congressional presidents of Chile, Peru and Mexico. They were meeting ahead of a key summit for the Alliance in Cali later this month which will see Colombia assume the rotating presidency of the fledgling organisation. Also joining the four at the summit on 23 May will be the eleven states with associate status, including Costa Rica and Panama who are seeking to become full members.

The Pacific Alliance is the newest addition to the cornucopia of international organisations have been formed by Latin American states, but at this stage looks set for a bright future due to the harmony that the governments of four member states have on key issues such as free trade and the movement of capital and people.

Barreras declared that:

“The presidents of the four congresses of the four nations have signed the agreement a parliamentary committee that will develop whole legislative framework agreements on free trade and movement of goods and services, capital and people that will be implemented once negotiations are signed.”

What form the institution that this commission comes up with is yet unclear, but the aim is to provide a mechanism through which legislation that the Alliance draws up can be formalised and made legal in the four countries.

Two points of particular interest include the question of who will form the staff of this institution or “parliament” (elected politicians or government nominated bureaucrats?), as well as whether it is intergovernmental – that is, where decisions are made by unanimous agreement between the governments of the four states – or supranational – where the member states delegate power upwards to a separate institution which makes decisions on its behalf.

At this stage, with the membership of the Alliance at only four and its policy scope somewhat narrow, it is likely that the former will be chosen as it creates the fewest issues in terms of democratic legitimacy and ensures the governments of each member state does not have its toes stepped on by a supranational institution.

Colombian Senate blocks gay marriage

gay-colombia-644x362-672xXx80

The Colombian Congress voted against marriage equality for same-sex couples last week. With 51 votes against to just 17 in favour, the result was a resounding victory for those opposing the bill.

The author of the bill, Senator Armando Benedetti, branded the Colombian Congress ‘homophobic’ and a ‘caveman’ that was ‘not in tune with the issues that are being talking about in the first world’.

Benedetti attributed the no vote to ‘ignorance’, stating that there was ‘a lot of misinformation’, a point echoed by Interior Minister Fernando Carrillo who claimed that the debate over the issue was ‘poor and superficial’.

The result of the vote received international condemnation too, with the UN’s High Commissioner for UN Human Rights, Navi Pillay, saying she was ‘saddened’ by the outcome.

In an interview with Colombian newspaper El Espectador, she said:

‘I am very disappointed that the Colombian Congress has voted against marriage for same-sex couples. They are treated like criminals just because of love.’

The no-vote will not stop homosexual couples from marrying though due to a ruling by the Colombian Constitutional Court in 2011 which decreed that Congress must pass legislate to allow same-sex marriage within two years.

The deadline for this ruling is on the 20th June of this year, and the failure of this legislation means that the Constitutional Court will override Congress by allowing homosexual couples to have their partnerships formalised by courts and notaries throughout the country.

Colombia UN Human Rights Review: concerns over impunity

IMAGEN-11526481-2

The peace process between the Colombian government and the guerrilla group the FARC today received the backing of 81 United Nations member states.

As the first day in Geneva of the UN’s Universal Periodic Review on Human Rights in Colombia drew to a close, however, a number of those present expressed concerns over what they see as the impunity for the perpetrators of state violence, reflecting the report submitted by the UN prior to the hearing.

The delegations from Poland and Austria expressed a fear that proposals put forward by the Juan Manuel Santos government for a controversial reform of the military penal system may result in impunity for state forces.

The proposed reforms would expand the power of military or police tribunals to investigate human rights violations that would normally be under the jurisdiction of the civilian justice system. The delegations fear this may lead to injustice as in cases such as the “false positives” scandal which emerged during the Alvaro Uribe administration.  The argument is that the by having the military or police force investigate crimes committed by fellow officers or soldiers the nation cannot be sure of a just outcome.

The UN’s own High Commissioner for Human Rights in Colombia, Todd Howland, reiterated this concern over the military penal system reform, and spoke of the importance of “maximising participation” in the peace process of all sides of the conflict.

A large delegation from Colombia led by Vice President Angelino Garzon presented their report which will be reviewed in the next few days before a final report with recommendations is compiled by the UN Human Rights Council. Colombia Politics will report on this.

Colombia Politics view

Human rights abuses remain a thorny issue for the Santos government. Many accuse his former boss, President Uribe, of complicity in the “false positives”, but many also remember that Santos himself was in charge of the military – as defence minister – at the time of the atrocity.

And the issue of impunity has become the stick with which those loyal to Uribe – who stand against the way in which the peace process is developing – are beating the Santos administration. “We want peace”, they argue, “but not a peace with impunity for the FARC”.

How will the Santos negotiating team come to an agreement with the FARC in which the demobilized guerrillas pay for their crimes while also being able to enter the political arena? Expect this to be a key theme of the forthcoming election campaigns.

Photo, El Tiempo.