Colombia Case

The Colombia Case

Currently the situation in Colombia is a disaster where many different sectors of the
society are involved in combat, including guerrillas, the military, and the paramilitary,
with the drug lords collaborating with both the leftist guerrillas and the right-wing paramilitary. Massive human rights violations are being committed, and the situation has only worsened after Children of Cain was published in 1991. However, the United States has continued to provide enormous aid to the Colombian military, despite overwhelming evidence that the military is collaborating with the paramilitary to implement the s
ystematic use of disappearance, torture, and execution of both civilians and guerillas. Cain's book explains a good part of this phenomenon.

According to Cain, violence in Colombia has become commonly accepted in Colombia since the 90's as a result of the violence from the drug trade. The normalcy of violence
has been especially accepted in cities where major drug rings operate, such as Medellín
where there were as much as 21 murders a day in the mid-nineties. State lacks authority
to enforce laws
The legal system has essentially broken down when it comes to enforcing prosecution of drug lords. Judges refuse to implicate drug dealers due to death threats and the previous murders of judges who have attempted to do so. Furthermore, in Colombia the judges themselves have to investigate the crimes to determine innocence or guilt.
In the 80's and 90's the utilization of 'sicarios'- hired killers- became commonplace and their tactics more daring, with the probability of punishment very low. Hired killers regularly kill politicians, journalists, human rights activists or anyone seen as a threat to the drug lords. They kill people in broad daylight, often shooting them in the head when they are in their car or about to enter their homes. There are even schools functioning to train sicarios. According to Cain, in Colombia "Killing is easy, cheap, and popular," (p.34). It is not uncommon for sicarios to enter hospitals and finish killing people who they did not initially succeed in killing.
The drug lords and paramilitary groups leave gruesome messages announcing the
victims imminent deaths to them, with such messages as, "your grave is ready…we're calling from your children's school…we will send a bomb through the roof of your house,"(p.28). The cruelty and brutality of these methods is astonishing.
With the breakdown of the legal system, extradition is one of the only ways of ensuring justice for drug-lords. In 1989 President Virgilio Barco declared war on the traffickers, renewing the extradition treaty and beginning a manhunt for drug lords. The drug 'Mafia' then fought back by directing terrorism against ordinary citizens, blowing up schools,
public buildings, and shops. (p.34).
Colombians pay tribute to the drug-lords.
The murder rate began to rise in te late 70's with the advance of the cocaine trade. By the 80's Colombia's homicide rate was the highest in the world for a non-warring country. 68.1 murders per 100,000 people in 1989, eight times higher than the rate inthe United States (p.36). Background Information Tina Rosenberg Provides on Colombia
In Colombia there is a developing fields of Violentology. Violentologists study the roots of violence in Colombia. In a book called, Colombia: Violencia y Democracia violentologists see the present crisis as a result of the breakdown of government institutions, as the state does not have the power to enforce laws. (p.38)
Since independence in the early 1900's there has been a long history of political strife in Colombia between those who wanted a central government and those who wanted a decentralized one. A centralized government would threaten the power of the large landowners (terratenientes), and the strife eventually turned into the Conservative-Liberal conflict.
Between 1830 and 1903 there were nine national civil wars in Colombia due to the political conflict. Between 1886 and 1900, 1 out of 20 Colombians died in wars.
However, there was a core oligarchy that continuously ran the country despite whether liberals or conservatives were in power. Only one politician threatened to break the oligarchic hold. Jorge Eliécer Gaitán, "a small dark-skinned man from a lower-class family," spoke out against the oligarchy promoting justice for the poor (p.40). However,
he was killed in 1948 as he began to pose a greater threat to traditional oligarchic power. After his death, the nation erupted into wide-scale violence, an era known as 'La Violencia' which lasted from 1948-1953. During this time the Liberals began to use guerilla armies to defend themselves from the Conservatives. The judicial system broke down, and police joined in on the violence-all of which eroded the legitimacy of the state. In1953 the military took over to restore order. Conservative and Liberal parties signed a pact to rotate power for the next twelve years. Although this agreement helped to ease the political conflict, the oligarchy was sustained in this process, not dealing with the inherent class conflict of the country.
Established military court which judged crimes against 'the public order," including stealing and kidnapping (crimes against the rich) while all other crimes were tried in a civilian court (crimes against the poor), and the civilian courts eroded. (p.43). This has resulted in extreme impunity. "A National Police study calculated that 1 in every 10 crimes is reported to the authorities, and of those crimes, 1 in 100 results in a sentence, meaning that 999 of 1,000 crimes go unpunished." (p.44)
Colombia's current crisis has its roots in these years. Many of the guerilla groups were formed during this period. There were also huge migrations due to 'la Violencia,' which caused a breakdown in community.
The left controls most of the social organizations in Colombia, but right wing death squads have carried exercises to eliminate these leftist sectors.
1988 two massacres on Honduras and La Negra Farms in Urabá. The investigation of the massacre brought to light the links between he traffickers and the military, and between the drug violence and political violence. (p.44). The traffickers have also at various times formed alliances with the guerilla groups, but the connection is miniscule compared to the link with the narco-right. (p.45)
In the state of Urabá in 1964 and 1966 the first banana workers unions were created, which soon gained the support of left-wing guerilla groups, including the Colombian Revolutionary Armed Forces- Fuerzas Armadas Revolucionarias de Colombia (FARC), and the People's Liberation Army (EPL) Ejército Popular de Liberación. The landowners make connections with right wing death squads to protect their land, Campaign of death against the political left… assassinations of political candidates, University professors, students, journalists, human rights workers, even environmentalists.
Unión Patriótica legal party formed by FARC guerillas. Human Rights Watch Articles on Colombia · Feb. 23, 2000: 'Colombia's Military Linked to Paramilitary Atrocities.' Human Rights Watch has documented ties between half of Colombia's eighteen Army brigades and paramilitaries that have committed attacks on civilians. In a letter to Secretary of
State Madeleine K. Albrights, HRW urged the US to strengthen human rights conditions on any security assistance to Colombia's military, anticipating the 1.3 billion package the US would provide to the Colombian military.
There have been an increasing number of human rights activists, government investigatigators, and people involved in peace talks that have received death threats or been murdered- often by paramilitary groups or hired killers.
Investigators assigned to cases implicating army and paramilitaries have been forced to resign or flee from Colombia.
There have been some developments. In 1997 Colombia's Constitutional Court declared that security force personnel accused of committing crimes against humanity must betried in civilian courts instead of military courts. And in 1997 the Leahy Amendment became law, establishing a precedent requiring adherence to human rights standards in order for the US to provide aid.

August, 21, 2000: 'Colombia Fails Human Rights Requirements of US Aid Package.' The Colombian government has not complied with the human rights conditions required for the 1.3 billion package of aid to Colombia. This failure should lead the US State Department to suspend the aid until the Colombian gov. can fulfill human rights requirements.

One of the main conditions that Colombia has failed to fulfil is the enforcement of the 1997 Colombian Constitutional Court ruling that armed forces accused of crimes against humanity must be tried in civilian courts. And the military court system prevents justice
from being served, where officers accused of serious crimes are routinely acquitted and dozens of human rights cases remain in impunity. Furthermore, high-ranking officers with close ties to the paramilitaries maintain in command of troops.
Clinton can only grant the proposed aid to Colombia if he invokes the law's 'national security interest' waiver, which HRW believes would be a grave error. José Vivanco, the Executive Director of the Human Right's watch Americas Division, has said, "A waiver that ignores Colombia's dismal human rights situation would send a clear message to
the Colombian government and its security forces that US commitment to human rights does not go beyond rhetoric. After all the debates in Congress over human rights, it would be downright irresponsible." If the US sends aid without human rights conditions,it risks becoming complicit in the on-going violations.
August 23, 2000- Clinton waived the human rights conditions on the 1.3 billion military aid package, which will encourage violent abuses. This waiver defeats the purpose of any policy meant to improve human rights. Human Rights Watch, Amnesty International, and Washington Office on Latin America, all pressured Clinton not to send aid withoutthe necessary conditions, yet Clinton waived the conditions.

November 28, 2000- 'Colombia:Protect Threatened Judge.' Judge Sánchez investigated the 1986 murder of the El Elspectador director Guillermo Cano and issued an arrest warrant for the notorious drug trafficker, Escobar. She received several death threats from Escobar, and was given diplomatic post in the United State where she was assured protection. However, her term is almost up, which could put her life at great risk. Several others connected to the case have already been murdered, including two other judges. The government must take necessary measures to protect their lives. Human Rights says that we must renew their ensurance of safety.
October 24, 2000, 'Europe Must Support Colombia Civil Society, Address Human Emergency. In Europe humanitarian aid and human rights have been their main policy toward Colombia, which contrasts with US military aid.
Clinton waived human rights requirements of US aid, and as a result, there have already been an increased number of attacks against human rights defender in Colombia. So far this year, four human rights defenders have been killed, and three have been disappeared. Threats appear to come from paramilitary groups that operate with the tolerance and sometimes the support of the Colombian Armed forces.
However, civilian groups also face attack from the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia) FARC. FARC targets individuals who criticize their violations of human rights, including: killing of civilians, hostage taking, and the use oF indiscriminate weapons, and the recruitment of children.
November 29, 2000 'Colombia: Guerillas Must Release Civilian Hostages.' It is estimated that the FARC are holding hundreds of civilian hostages, which is in violation of international humanitarian law. Many hostages are held in return for ransom, which helps finance the FARC.

From Human Rights Watch Letter to Albright
There is abundant evidence that army officers set up a 'paramilitary' group using active duty, retires, and reserves duty military officers along with paramilitaries.
Evidence that Army officers worked intimately with paramilitaries under the command of Carlos Castaño, sharing intelligence, planning and carrying out joint operations, providing weapons and munitions, and supporting with helicopters and medical aid, and
coordinated on a day to day basis.
There is evidence that in 1998 and 1999, Army intelligence agents gathered information on Colombians associated with human rights protection, gov. agencies, and peace talks and were then subjected to threats, harassment, and attacks by the army, at times with
the assistance of paramilitary groups and hired killers.
The alliance between the military intelligence, paramilitary groups, and hired killers is national in scope and able to threaten key investigators.
Their commanders are considered among the most capable and intelligent.
At least seven officers implicated for human rights violations are School of the Americas graduates.
It is important that human rights safeguards form a centerpiece of US policy- the Leahy amendment is vital in this respect.
Abuses directly linked to human rights generals have decreased over the years, but abuses linked to paramilitaries have skyrocketed.
The Colombian government should be required to: capture and prosecute paramilitary leaders, increase support for Witness Protections programs. Create a rapid reaction
force to investigate threats and killings, and to take steps to pursue and apprehend alleged perpetrators to bring them to justice.
In regard to US training of Colombian military, we should: train soldiers in international humanitarian law.
Intelligence sharing remains the most pervasive and common methods of collaboration between the Colombian military and paramilitary groups. Therefore, in regards to the Leahy amendment, the US should apply human rights conditions to all intelligence sharing to ensure that info. is not shared with paramilitaries. The US should make it clear that aiding and abetting paramilitaries would disqualify that unit from receiving further US aid. Any increase in security assistance should mean a proportionate increase in civilian staff assigned to US Embassy and State Department to oversee compliance with human rights conditions, and to gather information on human rights violations. Currently the situation in Colombia is a disaster where many different sectors of the society are involved in combat, including guerrillas, the military, and the paramilitary, with the drug lords collaborating with both the leftist guerrillas and the right-wing paramilitary. Massive human rights violations are being committed, and the situation has only worsened after Children of Cain was published in 1991. However, the United States has continued to provide enormous aid to the Colombian military, despite overwhelming evidence that the military is collaborating with the paramilitary to implement the systematic use of disappearance, torture, and execution of both civilians and guerillas. Cain's book
explains a good part of this phenomenon.
According to Cain, violence in Colombia has become commonly accepted in Colombia since the 90's as a result of the violence from the drug trade. The normalcy of violence has been especially accepted in cities where major drug rings operate, such as Medellín where there were as much as 21 murders a day in the mid-nineties. State lacks authority to enforce laws
The legal system has essentially broken down when it comes to enforcing prosecution of drug lords. Judges refuse to implicate drug dealers due to death threats and the previous murders of judges who have attempted to do so. Furthermore, in Colombia the judges themselves have to investigate the crimes to determine innocence or guilt.
In the 80's and 90's the utilization of 'sicarios'- hired killers- became commonplace and their tactics more daring, with the probability of punishment very low. Hired killers regularly kill politicians, journalists, human rights activists or anyone seen as a threat to the drug lords. They kill people in broad daylight, often shooting them in the head when they are in their car or about to enter their homes. There are even schools functioning to train sicarios. According to Cain, in Colombia "Killing is easy, cheap, and popular," (p.34). Itis not uncommon for sicarios to enter hospitals and finish killing people who they did not initially succeed in killing.
The drug lords and paramilitary groups leave gruesome messages announcing the victims imminent deaths to them, with such messages as, "your grave is ready…we're calling from your children's school…we will send a bomb through the roof of your house,"(p.28). The cruelty and brutality of these methods is astonishing.
With the breakdown of the legal system, extradition is one of the only ways of ensuring justice for drug-lords. In 1989 President Virgilio Barco declared war on the traffickers, renewing the extradition treaty and beginning a manhunt for drug lords. The drug 'Mafia' then fought back by directing terrorism against ordinary citizens, blowing up schools,
public buildings, and shops. (p.34).
Colombians pay tribute to the drug-lords
The murder rate began to rise in the late 70's with the advance of the cocaine trade. By the 80's Colombia's homicide rate was the highest in the world for a non-warring country. 68.1 murders per 100,000 people in 1989, eight times higher than the rate in the United States (p.36). Background Information Tina Rosenberg Provides on Colombia.
In Colombia there is a developing fields of Violentology. Violentologists study the roots of violence in Colombia. In a book called, Colombia: Violencia y Democracia violentologists see the present crisis as a result of the breakdown of government institutions, as the state does not have the power to enforce laws. (p.38).
Since independence in the early 1900's there has been a long history of political strife in Colombia between those who wanted a central government and those who wanted a decentralized one. A centralized government would threaten the power of the large landowners (terratenientes), and the strife eventually turned into the Conservative-Liberal conflict.
Between 1830 and 1903 there were nine national civil wars in Colombia due to the political conflict. Between 1886 and 1900, 1 out of 20 Colombians died in wars.
However, there was a core oligarchy that continuously ran the country despite whether liberals or conservatives were in power. Only one politician threatened to break the oligarchic hold. Jorge Eliécer Gaitán, "a small dark-skinned man from a lower-class family," spoke out against the oligarchy promoting justice for the poor (p.40). However,
he was killed in 1948 as he began to pose a greater threat to traditional oligarchic power. After his death, the nation erupted into wide-scale violence, an era known as 'La Violencia' which lasted from 1948-1953. During this time the Liberals began to use guerilla armies to defend themselves from the Conservatives. The judicial system broke down, and police joined in on the violence-all of which eroded the legitimacy of the state. In1953 the military took over to restore order. Conservative and Liberal parties signed a pact to rotate power for the next twelve years. Although this agreement helped to easethe political conflict, the oligarchy was sustained in this process, not dealing with the inherent class conflict of the country.
Established military court which judged crimes against 'the public order," including stealing and kidnapping (crimes against the rich) while all other crimes were tried in a civilian court (crimes against the poor), and the civilian courts eroded. (p.43). This has resulted in extreme impunity. "A National Police study calculated that 1 in every 10 crimes is reported to the authorities, and of those crimes, 1 in 100 results in a sentence, meaning that 999 of 1,000 crimes go unpunished." (p.44) · Colombia's current crisis has its roots in these years. Many of the guerilla groups were formed during this period. There were also huge migrations due to 'la Violencia,' which caused a breakdown in community.
The left controls most of the social organizations in Colombia, but right wing death squads have carried exercises to eliminate these leftist sectors.
1988 two massacres on Honduras and La Negra Farms in Urabá. The investigation of the massacre brought to light the links between he traffickers and the military, and between the drug violence and political violence. (p.44). The traffickers have also at various times formed alliances with the guerilla groups, but the connection is miniscule compared to the link with the narco-right. (p.45)
In the state of Urabá in 1964 and 1966 the first banana workers unions were created, which soon gained the support of left-wing guerilla groups, including the Colombian Revolutionary Armed Forces- Fuerzas Armadas Revolucionarias de Colombia (FARC), and the People's Liberation Army (EPL) Ejército Popular de Liberación. The landowners make connections with right wing death squads to protect their land, Campaign of death against the political left… assassinations of political candidates, University professors, students, journalists, human rights workers, even environmentalists.
Unión Patriótica legal party formed by FARC guerillas. Human Rights Watch Articles on Colombia · Feb. 23, 2000: 'Colombia's Military Linked to Paramilitary Atrocities.' Human Rights Watch has documented ties between half of Colombia's eighteen Army brigades and paramilitaries that have committed attacks on civilians. In a letter to Secretary of
State Madeleine K. Albrights, HRW urged the US to strengthen human rights conditions on any security assistance to Colombia's military, anticipating the 1.3 billion package the US would provide to the Colombian military.
There have been an increasing number of human rights activists, government investigatigators, and people involved in peace talks that have received death threats or been murdered- often by paramilitary groups or hired killers.
Investigators assigned to cases implicating army and paramilitaries have been forced to resign or flee from Colombia.
There have been some developments. In 1997 Colombia's Constitutional Court declared that security force personnel accused of committing crimes against humanity must be
tried in civilian courts instead of military courts. And in 1997 the Leahy Amendment became law, establishing a precedent requiring adherence to human rights standards in order for the US to provide aid.
August, 21, 2000: 'Colombia Fails Human Rights Requirements of US Aid Package.' The Colombian government has not complied with the human rights conditions required for the 1.3 billion package of aid to Colombia. This failure should lead the US State Department to suspend the aid until the Colombian gov. can fulfill human rights requirements.
One of the main conditions that Colombia has failed to fulfil is the enforcement of the 1997 Colombian Constitutional Court ruling that armed forces accused of crimes against humanity must be tried in civilian courts. And the military court system prevents justice
from being served, where officers accused of serious crimes are routinely acquitted and dozens of human rights cases remain in impunity. Furthermore, high-ranking officers with close ties to the paramilitaries maintain in command of troops.
Clinton can only grant the proposed aid to Colombia if he invokes the law's 'national security interest' waiver, which HRW believes would be a grave error. José Vivanco, the Executive Director of the Human Right'swatch Americas Division, has said, "A waiver that ignores Colombia's dismal human rights situation would send a clear message to the Colombian government and its security forces that US commitment to human rights does not go beyond rhetoric. After all the debates in Congress over human rights, it would be downright irresponsible." If the US sends aid without human rights conditions, it risks becoming complicit in the on-going violations.
August 23, 2000- Clinton waived the human rights conditions on the 1.3 billion military aid package, which will encourage violent abuses. This waiver defeats the purpose of any policy meant to improve human rights. Human Rights Watch, Amnesty International, and Washington Office on Latin America, all pressured Clinton not to send aid without the necessary conditions, yet Clinton waived the conditions.
November 28, 2000- 'Colombia:Protect Threatened Judge.' Judge Sánchez investigated the 1986 murder of the El Elspectador director Guillermo Cano and issued an arrest warrant for the notorious drug trafficker, Escobar. She received several death threats
from Escobar, and was given diplomatic post in the United State where she was assured protection. However, her term is almost up, which could put her life at great risk. Several others connected to the case have already been murdered, including two other judges.
The government must take necessary measures to protect their lives. Human Rights says that we must renew their ensurance of safety.
October 24, 2000, 'Europe Must Support Colombia Civil Society, Address Human Emergency. In Europe humanitarian aid and human rights have been their main policy toward Colombia, which contrasts with US military aid.
Clinton waived human rights requirements of US aid, and as a result, there have already been an increased number of attacks against human rights defender in Colombia. So far this year, four human rights defenders have been killed, and three have been disappeared. Threats appear to come from paramilitary groups that operate with the tolerance and sometimes the support of the Colombian Armed forces.
However, civilian groups also face attack from the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia) FARC. FARC targets individuals who criticize their violations of human rights, including: killing of civilians, hostage taking, and the use of indiscriminate weapons, and the recruitment of children.
November 29, 2000 'Colombia: Guerillas Must Release Civilian Hostages.' It is estimated that the FARC are holding hundreds of civilian hostages, which is in violation of international humanitarian law. Many hostages are held in return for ransom, which helps finance the FARC.

From Human Rights Watch Letter to Albright
There is abundant evidence that army officers set up a 'paramilitary' group using active duty, retires, and reserves duty military officers along with paramilitaries.
Evidence that Army officers worked intimately with paramilitaries under the command of Carlos Castaño, sharing intelligence, planning and carrying out joint operations, providing weapons and munitions, and supporting with helicopters and medical aid, and
coordinated on a day to day basis.
There is evidence that in 1998 and 1999, Army intelligence agents gathered information on Colombians associated with human rights protection, gov. agencies, and peace talks and were then subjected to threats, harassment, and attacks by the army, at times with
the assistance of paramilitary groups and hired killers.
The alliance between the military intelligence, paramilitary groups, and hired killers is national in scope and able to threaten key investigators. · Their commanders are considered among the most capable and intelligent.
At least seven officers implicated for human rights violitions are School of the Americas graduates. · It is important that human rights safeguards form a centerpiece of US policy- the Leahy amendment is vital in this respect.
Abuses directly linked to human rights generals have decreased over the years, but abuses linked to paramilitaries have skyrocketed.
The Colombian government should be required to: capture and prosecute paramilitary leaders, increase support for Witness Protections programs. Create a rapid reaction
force to investigate threats and killings, and to take steps to pursue and apprehend alleged perpetrators to bring them to justice.
In regard to US training of Colombian military, we should: train soldiers in international humanitarian law.
Intelligence sharing remains the most pervasive and common methods of collaboration between the Colombian military and paramilitary groups. Therefore, in regards to the Leahy amendment, the US should apply human rights conditions to all intelligence sharing to ensure that info. is not shared with paramilitaries. The US should make it clear that aiding and abetting paramilitaries would disqualify that unit from receiving further US aid. Any increase in security assistance should mean a proportionate increase in civilian staff assigned to US Embassy and State Department to oversee compliance with human rights conditions, and to gather information on human rights violations.