Murdered social leader Hernan Antonio Bermudez Arevalo was involved in land restitution programs
In the last years, the status and work of social leaders in Colombia has become dangerous and very complex. The systematic killing of these leaders even after a huge peace process and the demobilization of the country’s biggest and oldest guerrilla organization has become a challenge for the government and it has opened the debate about the future of leadership and social movements in the country.
Social leaders are people who peacefully fight for the rights of others and are recognized by those communities as spokespersons for them. In the Colombian context, many of these leaders are born because of the necessity to seek justice from paramilitary or guerrilla interventions in marginalized regions during the country’s 52 years of armed conflict. Therefore, many of them are involved in land restitution programs since processes such as the taking of land by illegal armed groups has been one of the most common situations during the war which has caused the displacement of tens of thousands of citizens leaving them with nothing and increasing the poverty levels in the country. This article wants to share the story and work of Hernán “Po” Bermudez, a social leader involved in a land restitution process in his hometown of Riohacha in the department of La Guajira, who was killed on his doorsteps and what might be the reason for his assassination.
Hernan Antonio Bermudez Arevalo was a social leader involved in land restitution who was born in Riohacha, La Guajira. He was 56 years old. According to his family members, he was a calm man full of peace; a relaxed man who was dedicated to his family. He did not use weapons or any sort of violence as he determined and understood that his work could not offend or scare anyone. He lived with his family on a plot of land located about thirty minutes from the city of Riohacha. The social leader who was killed at 7:10 pm in the village of Mundo Nuevo -a rural area of Riohacha- invited his assassin to sit down and talk to him. However, the hitman refused and seconds later, he unraveled the weapon and shot “Po” 10 times. Before getting shot, Bermudez had asked the hitman multiple times why he was acting the way he was, to which the assassin coldly replied “there is nothing to talk about” and proceeded to open fire on the 56-year-old leader. This story was told by his wife, Gladys Garcia, who had lived with him for 35 years. She confessed that people near to Hernan were really afraid because of the risks his job as a mediator for displaced families in land restitution processes involved. In addition to leading the land restitution process for displaced families and victims of the armed conflict, Bermúdez Arévalo belonged to the El Eneal Community Council of Afro-descendants with whom he had been carrying out a series of social work projects in order to strengthen much of the Afro-Caribbean culture.
In order to understand better why it is so dangerous for social leaders like Hernan Antonio Bermudez in departments such as La Guajira, we need to have a clear understanding of the social context in La Guajira. If we measure the risk situation in the department of La Guajira, highlighting that it is one of the most corrupt departments of Colombia and that it has an active participation of armed groups such as: the Urabeños, the Paisas, the 59th front (dissidents) of the FARC and others, which are illegal groups that take part in the armed conflict that exists in Colombia; we would say that the risk is extremely high.
Displacement, threats against leaders claiming land, forced disappearance and selective killings, recruitment of children, young people and adolescents, affectation of indigenous peoples’ territories and recruitment for trafficking and extortion; these are just some examples of risk scenarios that people in La Guajira have to overcome each day. Social leaders, specifically those who are fighting for the restitution of land, like Hernan, are significantly more at risk. The presence of illicit crops and the weakness of local organizational processes are highlighted when talking about land restitution. Due to this, social leaders like Po are in greater danger than others, because they represent an obstacle to the armed groups and their way of controlling and subsisting. Next, it is important to learn about Po’s work with land restitution and how the violence surrounding these processes were likely the cause of his death.
The issue of land restitution most probably cost Hernan Antonio his life and it is a complicated issue throughout the region and Colombia. Of 6.5 million hectares abandoned or stripped all around the country , only 314,849 have been returned, which represents represents only around 4.8%. La Guajira is one of the most affected regions because of the violence the department has suffered. And after the peace agreements signed in 2016, the region has had many problems such as violence, poverty and many others. Since the agreement, the land restitution projects have suffered many challenges due to a lack of the government attention, especially in La Guajira where the government prefer to give priority to other issues that for them bring bigger benefits. But La Guajira is not the only department that has faced violence against social leaders because of land restitution issue. The Forjando Futuros Foundation came up with a report in 2019 showing that the departments with the greatest aggression against human rights defenders are also the regions where there is a “slight advance” in land restitution. The report shows that the departments with the highest number of attacks against human rights defenders are Cauca, Antioquia and Norte de Santander. Around 4,365 applications are counted in Cauca and the percentage of the refund is 4%, while the leaders killed until March 2019, were 32. A similar situation happens in Antioquia, where applications are 21,204 and the refund does not exceed 6%; the murdered leaders amount to 31. Finally, in Norte de Santander, with 4,871 applications and a percentage of the refund of 5%, homicides of social leaders total 19.
After doing this research, the conclusion to which we arrived is that Hernan or “Po” was a social leader who believed in his work because it brought some sense of justice into the lives of many people who lost their land and their homes because of the terrible violence derived from a 50 year old war. The state abandonment that La Guajira has been going through for so many years created a power vacuum allowing the presence of illegal armed groups such as guerrillas, paramilitaries and cartels which need land to cultivate coca and poppies and also, to use it as a sign of power. Therefore, the work Hernan was doing represented a threat to their business, their influence in the region and their power overall; that’s why we believe one of those groups was responsible for his murder. Hernan’s story and situation is not an exception; it is the norm throughout the entire country. Hundreds of social leaders fighting for the improvement of their communities are threatened and killed; such threats and killings are a daily reality. Even though the current scenario may not seem hopeful, we truly believe in the work of the people and how their influence can change the country for the better and how, even if it is not easy, there will at least be a government that truly worries about the social leaders and that they, together with the people of the communities, will not only work to provide protection for them, but also to work together to create a better Colombia.
*Article written by Camila De Avila, Danna Diaz, Linda Florez & Maria Daniela Zalabata
Sucre is a department heavily associated with the Parapolitica scandal
Sucre is one of the eight departments on the Caribbean coast, its capital being the city of Sincelejo. This department is located in the north of the country, in the Caribbean region, bordering on the north with the Caribbean Sea (Atlantic Ocean), on the east with the department of Bolivar and the west with the department of Cordoba. Its main economic activity is ranching and social services. The department faces important issues such as poverty, forced displacement (around 30.300 families having been affected), drug trafficking and the presence of illegal groups such as Clan del Golfo, which competes for the control of drug trafficking routes into the Caribbean Sea. The significance of the region is due to the fact it is a strategic corridor; there are also strong paramilitary groups in the region, a significant lack of state control and a livestock tradition: factors which allowed the phenomenon of “Parapolitica” in the department. The purpose of this article is to explain what has been the impact of the “Parapolitica” scandal in the department of Sucre. The “Parapolitica” is the name given to a political scandal which brought to light the link between Colombian politicians and the paramilitary groups in a symbiotic relationship. In order to explore this topic, this article will look at the impact of the “Parapolitica” scandal in the political field. Afterwards, it will highlight the relationship between the scandal and violence in the department, and finally, it will look at the connection between the scandal, the murder of social leaders and forced displacement in Sucre.
Sucre is a region that has been strongly affected by corruption and the “Parapolitica” scandal. Since the 90’s, this has been one of the prominent political dynamics that affected the development and political scenario of this department. The term Parapolitica, as mentioned before, refers to the relation between the paramilitary groups and politicians hence it created a beneficial interaction for both parts, with the purpose of having political representation and a free path for paramilitaries to succeed in their illegal activities with the help of the politicians in different positions in the country. In exchange for support, politicians were backed up by paramilitary groups to accomplish political positions, in two ways, according to Avila (2019): firstly, eliminating the political competition; secondly, forcing people to vote for these candidates. The significant role of paramilitary groups in Colombia is recognized due to the variety of bonds established with politicians and state functionaries, which in the legal sphere helped them with resources, information, and contacts. In the region of Sucre, the “Parapolitica” had more relevance due to the influence that the paramilitaries groups had in political institutions. The National Center of Historical Memories (2018), establishes four main reasons: 1) The agrarian character of the department and the high dependency on political positions; 2) The political and agrarian elites invested in the creation of the paramilitary groups; 3) Paramilitary groups did not enter into confrontation with any competitors and; 4) Parapolitica articulated politicians with wider power in the territory.
This phenomenon has contributed to a low rate of people’s participation in elections and also to the delegitimization of politicians. In recent years, in Sucre, a total of 35 politicians have been processed because of their relationship with paramilitary groups. The “Parapolitica” has also had impacts on the dynamics of violence in the region, because some of the para-politicians were involved in prominent crimes, such as Alvaro Garcia, who according to Verdad Abierta (2009), was convicted for being the intellectual author of the Macayepo massacre (A massacre perpetrated by the paramilitary group Heróes de los Montes de María to obtain the control over that area ).
The “Parapolitica” also has a close relationship to the dynamics of violence that the department has faced. The department and all the region has suffered a high level of violence due to the conflict and this has become common for its population. Nonetheless, we must highlight that these crimes are regularly overlooked and not resolved because those responsible have the power to delete their trace.
In Sucre, according to RUV (Unique register of victims, which is a databa base of the government for the victim reparation) figures, 255,743 victims were registered in Sucre, of which 250,148 were a direct consequence of the armed conflict. This means that with a population of 826,780 inhabitants, victims represent 32% of the total residents in this department. These shocking figures are a reflection of different dynamics and actors that have developed in the context of the armed conflict. In effect, there have been different expressions of violence linked to various actors such as the PRT (Workers Revolutionary Party of Colombia), the CRS (Current of Socialist Renewal to the Constitution), the FARC (Revolutionary Armed Forces of Colombia), the AUC (United Self-Defences of Colombia), the para-politicians and the Bacrim. Even though all the cases of violence in Sucre are not related to the “Parapolitica”, the rates of violence in the region increased dramatically with the implementation of indiscriminate violence by self-defense and the paramilitary groups actions. Another point is that in the department, a sizable amount of violent cases have happened, among those the most famous case was called “Los Montes de Maria” massacre, after the place where it happened. This case happened between the 16 and 17 of February of 2000, and during these days the paramilitaries murdered 20 farmers. Also, this violent event was one of the most important in the history of Sucre and it was accomplished by different paramilitary groups. With the previous information, it is possible to notice how this department is affected by the “Parapolitica” in terms of violence. These groups are involved in many cases of violence in the region because of the importance of some strategic locations in the department and many people have to pay the price in many ways. These people have suffered too many issues generated by violence and massacres in the region, specifically in notorious instances like Montes de Maria which are evidence of the dynamics of violence and forced displacement which the people have faced.
Other side effects related to the “Parapolítica” in Sucre are land ownership, forced displacement and the threats and violence faced by social leaders in the department. As in many departments of Colombia, in Sucre, there has been a significant amount of control from several illegal groups over the land, which emerged because of the state’s weakness in terms of protection of citizens and their land rights. Freddy Aguilera, a member of the Sucre peace roundtable, explains that Sucre’s development took place around a large estate. These lands were given to the peasants to be cleaned and then returned; therefore, these lands would never belong to them. This situation created clientelism, or dependence on certain characters, and also led to the creation of the political patron culture that still persists today. In addition, as a result of the precarious state assistance, there was an exponential increase of illegal armed groups, which were fighting for dominance over certain strategic locations. This was because of the role that drug trafficking had as the principal financial activity of these type of groups. The control over the routes of drugs and the crop fields led to the seizure of many farmer’s lands, which increased the forced displacements, recruitment for armed groups, kidnappings, murders and other types of violence. The presence of these groups limited the creation of autonomous and independent citizenship, and citizens were unable to make decisions freely. Likewise, it limited the possibilities for the establishment of social organizations and leaders who couldn’t act with liberty since they were threatened, raped and killed. This can be reflected in the case of “Asociación Nacional de Usuarios Campesinos” (National Association of Farm Users). Their work in Sucre was one of the strongest in the country at a point when the local working classes came to exercise elements of power. They started demanding land for the people who worked it, and the landowners got terrified of this movement. However, between the 80’s and 90’s, those leaders started to be systematically persecuted and killed by paramilitaries and guerillas. Few leaders have survived to tell the story. Social leaders have emerged and have been working as defenders of human rights and as the voice of the citizens. Their principal labor is to contribute to the establishment of equal democracy and a guarantee of a decent life for the population under their assistance. For that reason, the efforts of the social leaders in this department have been guided to certain statements. Sowing Seeds of Peace Association recognizes the large footprint that the armed conflict has left in Sucre, and it is the reason why they have been promoting the different elements of citizen participation that our country offers us as a social state under the rule of law, organizing workshops, and formal meetings to discuss justice, democracy, human rights and violations of them. It is important to keep in mind that their principal function is teach how to be a leader for their people and their responsibility in relation to the community. However, similarly to their predecessors in the 80s and 90s, this work means they must constantly fear for their own safety.
In Conclusion, Sucre was highly affected by the paramilitary scandal of the country. This department has been mainly affected by corruption and the “Parapolitica” that has been present. In Sucre, the people who gain power and political positions are often not elected democratically, but through illegal means. The “Parapolitica” is also responsible for many of the violent events in the region, causing great massacres, murders, kidnappings, threats, and among many other effects on society. Even so, that is not the only fact about the amount of violence that these groups created by the “parapolitica”. It is also true that justice is very rarely obtained for these crimes. After all of the above, one of the greatest consequences of the acts of violence by the paramilitaries in the department is the forced displacement faced by people and the systematic murder of social leaders. This consequence has left many people homeless, affecting their quality of life. Therefore, more presence of the central government in the department is necessary so that people have certainty and do not live with fear. The central government has to bring this security (Military forces and Police) along with improvements to the infrastructure to assure a safe territory. Equally important, it is not only relevant to have security but also to bring justice to all the people who have suffered due to the conflict, particularly at the hands of the paramilitaries, many of whose former political allies are in office and protected by the same government. Thereupon it is necessary for having a better lifestyle for the population in the department, whose safety will set up a productive project to improve the economy. For this reason, it is also necessary to have a less corrupt government so that these groups can end this situation and begin a time of peace.
*Article written by Daniel Alvarez, Mercedes Ebrath & Arianna Morales
Unidad para la Atención y la Reparación Integral a las Víctimas (2020, January 01) Víctimas registradas del conflicto armado. Retrieved from: https://www.unidadvictimas.gov.co/es/ruv/37385
“It is absolutely imperative that every human being’s freedom and human rights are respected, all over the world,”
Those were the words of Jóhanna Sigurðardóttir during her speech at an event related to the Pride festival. As a declared lesbian, Jóhanna became the first woman who ever assumed the role of Prime Minister in Iceland, and the world’s first LGBTI recognized head of the government. However, around the world, there are still some difficulties that LGBTI members face daily. This could be linked to the fact that the context of each society differs from the others. Thus, the customs and values that are socially accepted in Iceland, aren´t the same in Turkey, Somalia, the USA, and Colombia -our focus.
Therefore, it is necessary to introduce the term “cultural relativity” when we discuss culture, customs, values, and Human Rights. According to Jack Donnelly, “cultural relativity is an undeniable fact; moral rules and social institutions evidence an astonishing cultural and historical variability”. In other words, cultural relativity refers to not judging a culture or a person to our own standards of what is right, wrong, strange or normal. Instead, we should try to understand the cultural practices of other groups in their own cultural context. In fact, Atlántico – a department located in Colombia – is a clear example as most of the murders of the LGBTI community are motivated by prejudice towards the sexual orientation or gender identity of the victims. Furthermore, throughout this article, we will relate this type of prejudice to a typical way of seeing society in the region, the concept of “machismo”.
Machismo has several characteristics; one of which is the defense of the traditional roles for the fact that they are tradition, that is to say, there is an essentialist vision of what it means to be a man or a woman, and questioning these concepts generates anger and frustration among people who identify with this concept. The LGBTI community is criticized for not matching these parameters and a heterosexual relationship is seen as “normal”; so marriage between woman and man is very important; likewise, there are even justifications from some sectors for gender violence based on the same limited views of gender roles under the concept of machismo.
In Atlantico, this kind of prejudice is very common and some people use this as justification for crimes or doing all kinds of damage to the LGBTI community. Therefore, it is a hugely important issue to look at.
During the armed conflict in Colombia, 142 members of the LGBTI community were murdered in the country as a consequence of such prejudices. During the confessions of Peace and Justice, which is a judicial mechanism that seeks for the reincorporation of paramilitaries -a right-wing informal army-, its members confessed with extreme serenity how they committed crimes against members of the LGBT community and the horrible methods they used -torture, acid attacks, chainsaw attacks-. Furthermore, if one of them was called “marica” (a derogatory term for a gay man) by their superiors they would express anger. This situation created a context where fear limited the rights of citizens whose sexual orientation was not socially accepted. As a consequence, the history of the LGBTI community in Atlantico has always been difficult since they face a lot of issues regarding their rights. In this department, this minority constantly faces challenges like discrimination and violence due to their sexual orientation and some of them are criticized for showing their true nature. Most cases of violence or harassment are towards gay men in their homes and transgender women, who identify themselves as such.
In addition, the social pressure created by those prejudices has led to cases where people commit suicide, which is a common situation in schools where bullying is not commonly taken into account as a serious issue. In 2019, there were 39 suicides in the department of Atlántico. Men have made this fatal decision with 37 cases with 2 women ending their lives.
The statistics of the suicide cases in Barranquilla show a decrease in the cases of suicide between January and July 2019 with 21 cases. Compared to 2018, when 42 cases were presented. It should be mentioned that the LGBTI young population, according to several studies, has between 1.5 and 3 times more suicidal ideation than other non-LGB (or heterosexual) youth.
However, 10 years ago, the members of the LGBTI community were able to finally protest for the accomplishment and respect of their rights as citizens of Colombia. The community gained more value in society. Through this protest, they were finally able to freely express their opinions in the media and have it partially accepted by society without threats to their lives. However, legally-speaking, no significant change occurred through this march in the department of Atlántico.
Unfortunately, representing and defending the rights of this community is still a dangerous labor; Atlantico is a department where patriarchal values are very persistent in the society, political speeches, interpersonal relationships, and even societal customs. These values, perpetuate the discrimination of people whose sexual orientation goes against what is traditionally established or accepted. A person should be involved in a relationship with someone from the opposite gender, and if that’s not the case, then that person is going to be considered and treated differently. They frequently begin to be discriminated against by society as well as by their family and friends, and in some cases, threats to their life and physical integrity begin to occur. The armed groups have historically been responsible for most of the threats that have occurred in the department and in the country.
The social leaders who represent this community are greatly affected, as this can be a risk to their physical integrity as well as that of their families. In fact, on August 1 of 2019, Ariel López was killed in his home located in Barranquilla, Atlantico. In a statement to the public, the Caribe Afirmativo collective gave its opinion on the discovery of the lifeless body of Ariel López Romero:
“In the morning, the victim was seen by people close to him talking to another man on one of the soccer fields in the Las Moras neighborhood, where he lived. Minutes later, the latter moved to his home, where he entered with the other man and did not leave again. At 1:00 p.m. Lopez was found with his throat cut and lifeless in his room,”
The discovery, according to the Barranquilla Metropolitan Police, was made by a neighbor who was alerted about the event through the emergency line. However, minutes after the police arrived at the scene they established that the man had died at the scene due to a stab wound at the height of the neck on the right side. Police are still investigating the case and are still investigating the motive.
He was considered an LGBTI activist, therefore, a Human Rights defender according to the UNHCR, since he promoted the protection of the LGBTI community rights. Besides, López also contributed to the coordination of some programs already created in the Peace Agreements of the 2016 that aimed for the protection of this minority.
Between 2018 and early 2019 Caribe Afirmativo had registered in its databases eight cases of gay men who were murdered violently – mostly with a knife – in the department of Atlántico. These cases continue to be a systematic action of violence used by armed groups, common criminals or unidentified actors that are intended to generate anxiety, fear, and intimidation. Likewise, the organizations point out that the main perpetrators, in addition to paramilitaries, guerrillas or Bacrim (organized crime groups), have also been civilians and common crime organizations.
In many respects, with crimes like the killing of Ariel, it would be easy to be pessimistic about the scenario, but progress is being made in the department. In the department of Atlantico, measures have been developed in favor of protecting the human rights of these communities. For example, organizations such as Caribe Afirmativo have implemented actions that favor the people of this community, in order to influence the construction of sexual and gender diversity agendas in the Caribbean region. This helps to recognize the rights and access to justice for LGBTI people in the post-conflict. This organization carries out reports, investigations, assessments, and booklets that publish what is happening with the LGBTI community in the Caribbean region; that is to say, whether their human rights have been respected, and they detail what they are doing to help this community.
For example, Barranquilla has just created a headquarter for this purpose, the House of Diversity, a space for people from the LGBTI community to find support and endorsement in the city. In this place, legal advice and psychosocial care will be given to people from this community. They will also provide information on the routes of care in terms of access to health and spaces for training in employability, culture, and access to other amenities.
The LGBTI community has traditionally been very poorly represented and they represent a significant community in the department of Atlantico. But their fundamental rights have been affected thanks to many factors such as discrimination. Values referring to the patriarchy have meant great discrimination towards people who think or act differently regarding the traditions of society. Taking this into account, many leaders of this community have been affected, as we have seen above in the case of Ariel. This is why organizations such as the Caribe Afirmativo are so necessary in order to give this community a voice and help to ensure that there is no more discrimination or violence towards people belonging to it.
Having a strong LGBTQI community can be really important to the region; it brings diversity to the department and it can be very beneficial to society, and the country as a whole. And as such, we should all feel invested in making sure their rights and leaders are respected.
*Article written by Oscar Melo, Angelica Ortega & Yahaira Quintero
Information for this article came from the following sources:
Luís Dario Rodriguez was yet another victim of the violence in the south of Córdoba
The systematic assassinations of social leaders in Colombia are of great concern because the numbers are alarming and this is something that cannot be happening in any way. For this reason, it is necessary to be aware of this situation since in almost all of the country’s departments at least one social leader has been assassinated, and the most serious thing is that most of these cases go unpunished before Colombian justice.
First of all, it is important to note that a social leader is “a person who has recognition of their community for conducting, coordinating or supporting collective processes or activities that positively affect the life of their community, improving and dignifying their living conditions or building social fabric” (The UN). In this sense, these people have as their main objective defending the rights of the least privileged, such as indigenous people, farmers, and Afro-Colombian communities, among others.
Given this situation, different organizations have documented and monitored the cases of assassinations of social leaders, however, as these events occur in different parts of the country and social sectors, it is difficult to have a record of all cases. According to Dejusticia (2019), a center for legal and social studies that is in charge of carrying out rigorous studies and proposing public policies, it is estimated that 284 social leaders were assassinated in 2018.
For its part, the National University of Colombia carried out a report in which it found that the departments with the highest homicide rate are: Chocó, Antioquia, Córdoba, Norte de Santander, Guaviare, Cauca and Nariño, and also the types of leadership of the victims represent: community civic leaders, leaders of community action boards, indigenous leaders, and Afro leaders, among others.
Many of the regions of Colombia are affected by this problem, but in this article we will focus on the department of Córdoba, since this is a territory with numerous problems, among which poverty, violence and a power vacuum stand out. Thus, the purpose of this article is to show that this situation deserves the attention of Colombians, the media and of young people in order to make a change in the country. For this, we will analyze the specific case of Luis Darío Rodríguez, a Colombian social leader who fought for the rights of the people of Córdoba regarding the recuperation of land on behalf of displaced people.
The case of Luis Darío Rodriguez is not isolated, as it is one of the hundreds of cases of murdered social leaders in the country: this article focuses on important aspects about him, his context and his work.
Luis Darío Rodriguez was a social leader who lived in Nuevo Oriente in Tierralta, Córdoba, but unfortunately he was assassinated by unknown assailants on January 17th of this year.
It is important to know that like most, he had formed a family; he was husband and a father of three children. Also, he was a farmer dedicated to agriculture and fishing and in this way he supported his family. In relation to his role as leader, his work in the community of Tierralta was very important because he was one of the most important leaders in that rural area; he was also part of two associations and organizations in support of the welfare of his community.
Before his death, Luis Darío had been in charge of a process of claiming land rights, sovereignty and reparation for families who had suffered due to the flooding of land in the upper Sinú caused by the Urra hydroelectric plant (La FM, 2020). Through this project, Luis Darío sought to achieve the restoration of human rights for the population of Tierralta and the revitalization of the area through social projects such as the prioritization of local agricultural production to feed the population, allowing access for farmers to land, water and seeds, as well as farmers’ right to produce food.
In addition to this, Luis Dario was defined by his work ethic, and as was said previously, he was a member of different organizations that have served the community.
Luis Dario raised his voice and fought for the good of his community to protect it and denounce the bad conditions in which many in the region find themselves. So, these organizations were of great help to the social leader, as they served as a tool to offer their work to the people of his town and contribute to defending their rights.
One of these was the Association of Displaced and Vulnerable Families of Tierralta (UFADESVUL), of which Luís Darío was member. According to the United Nations Development Program (UNDP) this association has legal status and is made up of approximately 120 families who are dedicated to presenting social and productive investment projects in order to serve and give a better quality of life to people who are displaced and in conditions of vulnerability.
On the other hand, the social leader was also part of the Human Rights Network in Southern Córdoba. This non-governmental organization seeks to present effective actions to the different authorities to guarantee the rights of the population and create strategies to improve the territory and the series of problems that both the community and the region have.
These associations take care of the different problems that the community has. Having outlined the projects that this leader was involved in, it is necessary to understand the political, social and cultural context of the place where Luis Darío resided.
The department in which Luis Darío lived has a series of issues that are important to take into account (Sánchez, 1996). Córdoba is located in the north of the country, specifically in the Caribbean region. Its capital is Montería, however, it integrates different important towns such as Montelíbano, Lorica, Sahagún, Cereté, and Tierralta -where the social leader lived- among others. Also it is essential to keep in mind that it is one of the most populated departments in Colombia. This area of the country, although it is very rich in its culture, its fauna and flora and its natural places, has urgent issues facing the population.
For many experts in the area, the general context of the department of Cordoba is worrying. There are traits of violence and violation of rights and freedoms that are unforgivable. For Negrette (2013), there is an increase in activities of illegal armed groups, a situation of displacement of peasants and indigenous people that does not stop, threats to journalists, teachers, social leaders and an increase in the number of homicides that nobody solves, and of which little is said.
According to Cordobexia -the organization that denounced the murder of Luis Darío-, southern Córdoba is a territory disputed by the Gaitanista self-defense groups of Colombia (AGC) and the Caparrapos -a drug smuggling organisation established by former paramilitaries-, together with the FARC dissidents. Many of the social leaders and human rights defenders in the department express that one of the most important reasons is the dispute over the Nudo del Paramillo area, which is strategic for illegal economies. Furthermore, according to this organization, there is an absence of effective actions by the State to guarantee the rights of the population. This explains the violence suffered by the inhabitants of the south of Córdoba, as well as other areas of the country such as the departments of Cauca and Antioquia, since they have also suffered the murder of many social leaders, in similar circumstances.
To all of the above, it can be added that in a 2018 report created by various NGOs and supported by the foreign office of Spain and the Netherlands (¿Cuales son las Patrones? Asesinatos de líderes sociales en el post acuerdo), various patterns across the killings were identified. It relates the problem of the assassinations of the social leaders after the peace agreement in Colombia, to the fact that there are still armed actors in the department that have political and economic motives that seek to obtain power and resources from the State. The document states that after the signing of the peace agreement, the rates of assassinations of social leaders have increased and other forms of violence have continued, such as kidnappings, displacement and violations of rights.
Likewise, the report presents a series of relationships that have to do with fundamental issues, such as rights violations, illicit crops, mining, illegal groups and paramilitaries, among others. To highlight, the violation of the right to life is very recurrent in the country, affecting 84.37% of its area, and Córdoba is no exception, as it is the region that occupies the fifth place with 16 violations of this right. Many of these modifications have to do with the use of land for drug trafficking, the presence of the military and armed groups, forced displacement and illegal extraction activities.
Additionally, the issue of illicit crops is so important because it can be seen that there is a pattern. The first ten departments with the highest number of murders of social leaders and human rights defenders – including Córdoba – coincide with the highest presence of coca cultivation; this is linked to point 4 of the peace agreements that talks about the treatment of these lands, and showing that many of the deaths of social leaders in those regions are directly related to issues of illicit crops.
Mining is another example due to this issue having always been related to the Colombian armed conflict and violation of human rights. The Office of the Ombudsman affirms that in 2015, illegal mining was practiced in 56% of Colombian territory and one of the most affected places was the department of Córdoba; this leads to environmental and social problems, so many environmental defenders came to light who openly declared themselves against the exploitation of commodities. In this sense many deaths were related to illegal mining and social leaders who protected the natural resources of the region.
The problems of illegality, armed groups and displacement can be absolutely linked to unemployment, lack of education and, of course, the huge power vacuum due to the lack of state presence; that mean that leaders like Luis Dario find themselves in a very dangerous situation and at the same time making Cordoba a notorious department for these issues.
In almost all of the country’s departments at least one social leader has been assassinated and the most serious thing is that most of these cases go unpunished before Colombian justice. According to Dejusticia (2019) it is estimated that 284 social leaders were assassinated in 2018.
Luis Darío Rodriguez was a great social leader, but he was also a husband and a father of three children who was dedicated to agriculture and fishing, and in this way he supported his family. He was part of two associations and organizations in support of the welfare of his community, the Association of Displaced and Vulnerable Families of Tierralta (UFADESVUL) and the Human Rights Network in Southern Córdoba. In Tierralta Córdoba, there are traits of violence and violation of rights and freedom that are unforgivable.
The killing of social leaders is a problem that the government does not pay enough attention to, and unfortunately there are so many cases like Luis Dario. They are all similar in the patterns surrounding them, but the human impact of their killing is the same. For that reason it is necessary that the Colombian government put into action public policies that recognize and promote the work of human rights defenders in the territories.
Article written by María Alejandra Ardila Ortega, Laura Vanessa Brugés Díaz and Daniela Carrasco.
The footprint of illegal mining in the south of Bolívar
Bolivar department is located in the center of Colombia, and its southern part offers easy access to many areas of the country. In the same way it also offers passways to two frontiers that are strategic for the drug trafficking routes: Venezuela and Panama. On the other hand, Bolivar is a strategic area for Colombia, because the country depends on its oil, agricultural and ecological resources. Its geography has been a determining factor in the economic development of this region; the fertility of soil and geographical features (mountains, rivers or swamps) are also attractive for illegal groups. For this reason, this area has extensive coca crops and facility to transport drugs along the Magdalena River.
Bolivar has been immersed in a constant conflict over the possession of land and the Colombian government lacks social policies focused on alternatives to illicit crops for the community’s subsistence. These are the reasons why it has many illegal groups, multiple Human Right violations and high levels of inequality.
Bolivar has been an area of riches and has seen the extraction of wood, gold, and also the cultivation of marijuana and coca; initiatives characterized by an environment of waste, informality and illegality. These riches have been ephemeral and have brought negative consequences that far exceed the few benefits obtained. According to Viloria (2009) “The municipalities of southern Bolivar have 73% of their territory in forest reserve area, which prevents their people from farming in a legal way”. These situations make farmers more vulnerable and increase inequality, but they also contribute to illegal oversights. Viloria (2009) affirms “This implies that the population settled within the reserve continues to be outside of institutional projects, which exacerbates their situation of poverty and misery. These circumstances may be contributing to the growth of the illegal economy of coca, logging, and gold extraction, controlled by illegal armed groups such as drug traffickers, guerrillas, and paramilitaries”. These areas are under the control of armed groups such as: the ELN, FARC dissidents, and various paramilitary groups. These are groups outside the law, which arise in order to restore order but use inadequate means. In addition, these groups have clashed historically and in recent times over control of the region’s riches through the collection of extortion taxes for the production of coca, marijuana, gold extraction and contracts through the budgets of some municipalities. Furthermore, Viloria (2009) emphasizes “these illegal armed groups are nourished and strengthened by the same resources such as illicit crops, corruption and extortion, even if they have different ideological motivations”. This way, the department is submerged in decreased economic activity due to illegal groups and state neglect; two factors which explain the high levels of coca cultivation in the region.
Colombia is positioned as the country with the highest number of coca crops in the world. Despite the efforts of the government to mitigate production, it’s only contributing to the increase in poverty in the population that remains in this type of illegal economy. According to the monitoring report of territories affected by illicit crops in Colombia (2018), “Bolivar is one the departments with increases in coca growing, estimated to be (39%)” On the other hand, Chica (2019) says: “Bolivar is one of the departments where the war with the ELN maintains an increase in the violence and systematic murders that has led the population to confinement and forced displacement”. For this reason, disputes over the territory make the government’s ineffectiveness clear in terms of the restoration of peace in that territory and the eradication of these types of crop for the transition to the legal economy. According to Trejos (2019) “the South of Bolivar is one of the most inaccessible territories of the Caribbean (it does not even have adequate access roads from the north of the region), the war is still suffered, especially due to ELN guerrillas, basically due to the presence of illegal income such as coca crops and illegal gold mining”. Therefore, the neglect of the State, poverty and illicit economies have been the main factors driving violence in this region. The mainfuelofthewarinthis region hasbeendrug trafficking. Despite, the demobilization of the paramilitaries and that of the Revolutionary Armed Forces (FARC), the conflict continues and has been most keenly felt by the most vulnerable sectors of the population, so it’s clear that the violation of human rights and the state’s inadequate response to resolving the crisis remain the same.
As previously stated, the inhabitants of southern Bolívar are being made victims of a massive violation of their human rights. According to The Universal (2019), organized criminal groups have taken advantage of the absence of the State, to promote drug trafficking, since this is their main source of financing, and as a result of this, peasants are being pressured to enter this practice to maintain their safety and economy. In recent years (2016-2019), there has been a large number of murders, kidnappings, and forced displacement among this population, due to the fact that armed actors use force to banish peasants from their lands and thus use them for the cultivation and distribution of illicit drugs.
The Ombudsman’s Office is concerned about how vulnerable the people of this territory are due to the armed conflict, because they are in the vicinity of the drug trafficking route, so they are being displaced from their homes since these territories are being used for illegal cultivation and to produce and distribute drugs and weapons. The public ministry requested the intervention of the state, to guarantee the fundamental rights of the population. However, this aid has not been rapid, and this has allowed the problem to spread and continue to affect the life and development of the communities who reside there.
In summary, Bolivar suffers from the consequences of living under an illegal economy. On the other hand, the government and the community has no agreement to restore order in the territory. Despite this, it seems the points dealt with in this article are key to consolidating peace, but the absence of key policies only strengthens illegal groups. Violence has become the daily life for many communities in Bolivar and the department has had a significant increase in homicides and forced displacement, demonstrating either the State’s lack of interest in the resolution of the crisis and establishing dialogues for the restoration of peace.
In addition, as has been said previously, the inhabitants of the south of the Bolivar are being seriously harmed, because they are being direct victims of a large number of violations of their human rights, and despite the fact that this situation is nationally and internationally recognized, and despite the fact that the public ministry has asked the state for help to end this problem, its response has not been effective. The state has taken a long time to take drastic measures to ensure the rights of all the people who live in this territory. The south of Bolivar is a place with difficult access, making it easier for it to be used for illegal activities that hurt the community. The state must strengthen their institutions, so that they reach these remote places and thus avoid the continued violation of the rights of all these people who are victims of violence.
*Information for this article came from the following sources:
Colombia is undoubtedly one of the most beautiful countries in the world, as it has a natural wealth that is home to an incredible biological diversity and a majestic culture. Its population is characterized by being kind, loving and attentive. Colombia was considered in 2017 by the World Happiness Report as one of the countries with the highest happiness indexes, occupying the second place. Likewise, it was selected by Lonely Planet, which is one of the largest publishers of travel guides in the world, as one of the ten best destinations to visit in 2017. In spite of all these positive characteristics, Colombia has a very negative side because it continues to have the shadow of violence and conflict. This is reflected in the fact that the national territory has become a dangerous place to develop certain types of work, particularly related to social leaders working in defense of human rights. According to the UN; a human rights defender is one who is recognized by his or her community for conducting, coordinating or supporting processes of a collective nature that impact their communities in a positive way in order to dignify the living conditions of the members of those groups (OHCHR, 2020).
Social leaders who watch over the fulfillment of human rights, promote development, defend the environment, fight against illegal economies, and promote citizen participation among other actions, have been victims of assassinations throughout Colombian history, but this work has become more dangerous than ever in recent years. According to INDEPAZ; a Colombian institute specialized in conflict, development and peace, at least 850 social leaders have been killed between 2016 and 2019. This number continues to increase and the absence of the Colombian State persists in many places of the country. Furthemore, this situation includes the fact that the work of social leaders is so frequently stigmatized and not given the attention it deserves. The scourge of violence against social leaders has greatly affected the Colombian Caribbean coast, including the department of Cesar. This department not only struggles with the presence of armed groups, illicit crops, corruption and poverty but also has to deal with the multiple murders of human right defenders who just want to change the internal dynamics of the department. One of these murdered leaders from Cesar is Luis Carlos Hernández Santiago, who worked with the victims of the armed conflict, led several land restitution projects and was recognized for his community work. He was killed on December 12, 2019 and unfortunately the crime remains unpunished.
The goal of this article is to demonstrate the dynamics and context that the country faces in relation to the situation of social leaders. To achieve this, the particular story of social leader Luis Carlos Hernández Santiago will be communicated and analyzed. All this will hopefully help to represent how Colombian territory is still a victim of conflict, violence and a lack of respect for the right to life with the objective being to raise awareness in society and try to make a small contribution to improving the situation.
Luis Carlos Hernández Santiago was a social leader from the municipality of Curumaní, in the center of the department of Cesar. Luis Carlos was 42 years old and was an active member and also a representative of the departmental board of victims participation. Luis was in charge of supporting displaced victims of the Colombian armed conflict, providing them the necessary tools for reparation, attention and non-repetition of all atrocities committed by armed groups. According to Victor Hugo Mosquera, director of the Cesar victims unit, Luis Carlos was a leader, collaborator and defender of the members of the departmental board (Diario del Cesar, 2019). In addition, he was candidate for the municipal council of Curumaní in the 2019 elections and was leading several land restitution projects. He was also coordinating issues related to the substitution of illicit crops in the context of the implementation of the peace agreement in the region. This last project consisted of giving special treatment to those on the lowest of the drug trafficking chain, the coca growers, by promoting the voluntary substitution of illicit crops in order to transform the department of Cesar. Likewise, Luis Carlos supported projects related to the call for strengthening the presence of the state in Cesar.
One of the biggest projects Luis Carlos Hernandez was involved in was linked to the improvement of the lives of people who suffered violence in that territory, by offering assistance via legal avenues. On the other hand, he was developing a diverse plan of action to change the quality of life for victims of the conflict which consisted of access to educational services so that these people could acquire new work skills. Luis Carlos had the desire to contribute to his community and help turn his region into a more dignified territory because he had also been a victim of violence many years ago. His younger brother was brutally murdered during a confrontation of illegal groups in Cesar. As can be seen, Luis Carlos was doing a great job in his community, a situation that put him at risk as his work represented an obstacle for the interests of various illegal sectors in the region.
According to the newspaper El Heraldo, on Thursday, December 12 2019, Luis Carlos Hernández left his home in the municipality of Curumaní and went to the village of Los Ranchos in the sector of the Serranía del Perijá. Luis Carlos was attending a meeting which had been scheduled by telephone and he was accompanied by his brother -in- law. Shortly after arriving at the village, they were intercepted by some armed subjects who were all dressed in black and who shot at them. Luis Carlos died immediately, while the person accompanying him was wounded in the neck and managed to go to the hospital and tell the authorities what had happened. The body of Luis Carlos was removed the next day when the police and the army arrived, as this area is difficult to access based on its topography and given the risk due to the presence of armed groups. A report from the departmental Ombudsman’s office stated that Luis Carloshad received death threats, but that he had refused police protection and that he had rejected these preventive measures (Caracol News, 2019). Nevertheless, representatives from the municipal town rejected these statements and pointed out that Luis Carlos had been requesting guarantees of protection from the Ombudsman’s Office in Valledupar, but that the security scheme had never been put into effect and that the only thing he had been given was instructions not to mobilize in some sectors.
For its part, the municipal authorities of Curumaní offered in December 2019, a reward of 15 million Colombian pesos to clarify the causes of the murder of the social leader and identify the perpetrators of this crime (RPT news, 2019). Likewise, the community of the municipality of Curumaní held a peaceful protest in December, with the hope that this type of situation would not be repeated. Today, almost six months later, the crime is still unpunished and the situation in the department of Cesar remains unchanged. To understand as deeply as possible the causes of the death of Luis Carlos Hernández Santiago, it is very important and necessary to refer to the context, the characteristics and the dynamics presented in the department of Cesar and in many other territories throughout the country.
Cesar is located in the northwest of Colombia and is one of the thirty-two departments that make up the country. It borders La Guajira and Magdalena to the north; Bolívar, Santander and Norte de Santander to the south; and Norte de Santander and Venezuela to the east. Geographically, it is divided into six zones: the Sierra Nevada de Santa Marta, the Serranía de Perijá, the Complejo cenagoso de Zapatosa, the Valle del río del César, the Valle del río Ariguaní and the Valle del Magdalena (Governación de César, n.d.). Regarding the economic and social development of the department, the National Administrative Department of Statistics (DANE) presented a report in which multidimensional poverty is calculated by municipalities based on the information of the National Population and Housing Census (CNPV) of 2018. This report showed that 25 of the municipalities of the department of Cesar exceed the national average of multidimensional poverty of 2018, which was 19,6%, and in some cases, even doubling it (El Pilón, 2020).
Historically, the department of Cesar has been immersed in a climate of violence generated by the presence of illegal groups such as the FARC, ELN, EPL, AGC, and paramilitaries, as well as drug traffickers and the so-called “BACRIM” (criminal gangs formed by former paramilitaries). Likewise, according to a publication by the Silla Vacía (2018), Luis Fernando Trejos, a political scientist from the region, states that the Northeastern War Front (ELN guerrilla group) continues to operate in the south of the department, concentrating specifically on municipalities where there are hectares of coca such as Aguachica, Curumaní, Gamarra, La Gloria and Pelaya. In accordance with this, local authorities point out that Curumani, a municipality located near to the Serranía del Perijá and where the murder of Luis Carlos took place, is considered as a high-risk sector due to the presence of these groups. This corresponds to a number of factors that encourage atrocious crimes against social leaders. In this sense, the Office of the United Nations High Commissioner for Human Rights (2020) points out that:
Of the 108 killings documented by OHCHR, 75 per cent occurred in rural areas; 86 per cent in municipalities with a multidimensional poverty index above the national average; 91 per cent in municipalities where the homicide rate indicates the existence of endemic violence; and 98 per cent in municipalities with the presence of illicit economies and ELN, other violent groups and criminal groups.
In this vein, Luis Carlos Hernández sought to address this situation and generate positive change in his municipality by coordinating projects related to illicit crop substitution in the context of the post-agreement.
In addition to these factors, there is corruption, clientelism and the lack of institutional presence in the department. In the particular case of corruption, OHCHR (2020) received information about possible cases involving members of the police and army in Amazonas, Antioquia, Caquetá, Chocó, Cauca, Cesar, La Guajira, Magdalena, Nariño, Huila, Putumayo and Valle del Cauca. In addition, OHCHR notes that these situations may affect the effectiveness of measures taken against the ELN, criminal groups and other violent groups. In that sense, when one takes into consideration the possible involvement of members of the police and army in illegal practices, the vulnerability of leaders like Luis Carlos becomes even more evident.
Unfortunately the context which condemned Luis Carlos is reflected in several parts of the region and the country. Cesar is not the only department that has been affected by the murder of social leaders. In other departments, that is to say, in different geographical contexts, there are similar cases of murders of social leaders who were working on similar projects.
There are other cases that share similar characteristics to that of Luis Carlos Hernandez. For example there is the case of Hernán Antonio Bermúdez Arévalo, a social leader born in Riohacha (in the department of La Guajira), who was murdered in 2019 at the age of 56 by two men on a bike. Hernan Bermudez, just like Luis Carlos Hernandez, led the process of restitution of land to groups of peasants, and he also was a member of the Community Council of Afro-descendants. Elsewhere, there is also the case of Jorge Luis Betancourt, a 42-year-old social leader from Montelíbano, Córdoba. He was carrying out a land restitution project in Montelíbano and he was killed by men who shot him in his house. Jorge also worked as a peasant leader and was the president of the Community Action Board in the village of San Francisco del Rayo. Finally, it is important to mention the case of Luis Darío Rodríguez Narvaez, a farmer and fisherman. He was murdered in January 2020 by unknown men on a motorcycle. That murder represented the 39th case of deaths of social leaders in the department of Córdoba since 2016. Luis Darío belonged to the Unión de Familias Desplazadas y Vulnerables de Tierralta (Union of Displaced and Vulnerable Families of Tierralta) and had previously denounced the threats against his life, after becoming involved in the process of restitution of land to displaced people.
In this sense, it can be observed that although the contexts are different and these leaders are not part of the same geographical areas, they are still similar cases, where the common denominator is the work related to land restitution. And this, is no coincidence, according to the Foundation “Forging Futures” cited in El Espectador (2019), a report determined that “the departments with the greatest aggressions against human rights defenders are also the regions where there is “minimal progress” in land restitution”. Therefore, it can be said that in these cases, the practices and actions of violence are focused on people fighting for the processes of land restitution and construction. In addition, with regard to the spatial issue, there is also a correlation between violations of the right to life and voting in the 2016 Plebiscite for Peace. According to a study by CCJ, I., & Cinep, U. N. (2018) there is a “correlation between municipalities that voted YES and critical municipalities in terms of violations of the right to life”. Such is the case of Riohacha, Curumaní, Montelibano, and Tierralta with 62.55%, 59.21%, 58.17%, and 69.76% respectively in favor of the YES vote. It is important to highlight that land restitution is linked to the peace process. Although in these cases it has not been determined where the order to kill these leaders has come from and that they may be different actors in each case, the message is the same: the restitution of land is being resisted by powerful interest groups.
All of this, is affected by another critical point to understand: the fact that the Colombian State, due to a lack of political will or capacity, has not fully complied with its commitment to guarantee security and the exercise of human rights with the people in these areas.
Finally, much more importance and attention needs to be given to this type of work because it is necessary in the current situation that our country is experiencing, given that the number of deaths of social leaders is increasing daily and we do not have a positive response from the government to control this situation. In order to improve the current panorama and change it definitively, it is important that the Colombian government has a real interest in addressing this problem, to find effective and radical solutions to eliminate the systematic violation of human rights in the country. Instead of stigmatizing them, it is necessary to recognize the importance of the positive work of social leaders in those communities where the State does not have a presence, and to ensure that carrying out their work does not constitute a serious danger to their own lives. These types of atrocities highlight that there is still a power vacuum in these rural areas and the lack of state control in these forgotten territories is still evident. With that in mind, it is imperative to make visible a problem that affects the most vulnerable and marginalized sectors of society, and once again shows the massive violation of human rights that exists in Colombia under different practices. It is vitally important to keep this type of case in the lens and give it the importance it deserves. It is a way of denouncing this type of violation that generates so much damage, and in the same way it serves to show Colombian society the hard situation of violence that is lived in the bowels of the country. Until the national government takes action and takes into account everything that is happening in the country, the murders will continue to occur more and more, and democratic participation will remain only an ideal rather than a reality for many within Colombia.
*Article written by Luis Porras, Sofia Martinez, Nayelis Melendez & Yuliana Martinez
Almost 15 years after AUC demobilisation, neo-paramilitaries exercise control over large parts of Magdalena (with tragic consequences for leaders such as Yoryanis Berna, Maritza Quiroz & Wilton Orrego (pictured top to bottom)
While the first Article of the Political Constitution of Colombia states that our country is “democratic, participatory and pluralist, founded on respect for human dignity, on the labor and solidarity of the persons constituting it and on the primacy of the general interest”, these characteristics are not reflected in the reality of our society. Here, many people feel they are Colombian only by name; that the State and its institutions are so far away from them, they seem foreign. This sentiment is mainly present in the “peripheries” of our country; those places far away from the thoughts of the major cities, where vulnerable communities such as afro-descendants, indigenous people or campesinos (those involved in small scale farming) live.
All of the above is a consequence of the power vacuum due to the absence of the State, where the protection or social development policies, if there are any, do not have a real impact on the communities they are meant to benefit. Colombia is a country where the investment in education, health, work or economic development projects is not enough to tackle the problems the population is facing, or where the resources for such projects simply never make it to the intended populations because of corruption in the power pyramid. In our country, State power is so concentrated in the center of the country (and in the hands of the same small minority who have had it throughout Colombian history), it has practically turned its back to any place it does not perceive as important enough. We live in a reality where the alienation and the distrust towards the State has gotten so bad, people try to extricate themselves from the political narrative of the country. This power vacuum has been exploited by illegal groups, either paramilitary, guerilla groups or even BACRIM (an acronym for Criminal Gangs; groups formed by former paramilitaries following the demobilization of the Autodefensas Unidas de Colombia in 2006), in order to seize power over the population who reside in those vulnerable areas. This situation has led to violence against social leaders; citizens who fight for the rights of their communities because the interests of these illegal groups far from benefit the population. These leaders must then claim their rights without the protection of the State and in the presence of dangerous illegal groups. Not only do these assassinations obey social, economic or political reasons, but they also create a cycle that perpetuates them: someone raises their voice to claim the fulfillment of their rights, they get killed and the crime is either never solved or attributed to another reason; the government does not intervene and the original problem is never addressed, thus making it necessary for someone else to speak up. These situations may vary from region to region, and even from department to department, but the dynamics are the same. In this article we will focus on Magdalena, a department important for its tourism (mainly in Santa Marta and the Sierra Nevada areas), and its agricultural, livestock and port activities. The department is home to four main indigenous groups and two protected natural areas. This article will explore the issue of illegal groups in Magdalena and focus on three cases of leaders being killed in the region in order to understand the dynamics that ultimately explain why social leaders are absolutely crucial to the growth and welfare of their communities, and why the government should be doing more to not only guarantee their welfare but also to ensure that their requests are heard.
Context of violence in Magdalena
The terrain of a region largely determines its value for illegal groups. Magdalena not only has large extensions of fertile soil and the Sierra Nevada mountain range, where many illegal activities can be concealed, but it also has a strategic geographical location in Colombia, ideal for trafficking towards other countries. The main problems within this department are the cultivation of illicit crops, the links between illegal groups and politics, the occupation of some properties by landowners who have in the past had links with paramilitary groups and whose lands are now either protected wildlife areas or being claimed by indigenous and other campesino communities, and the displacement of families and communities related to all of the above.
The conflict in Magdalena is not a recent problem; it has been a reality for decades, stretching back beyond the formation of the guerrillas and years later when paramilitary groups were formed. The former, upon consolidation, built a drug trafficking empire near the lands of the country’s bananas companies, taking advantage of the perks provided by the fertile terrains and their isolated location to cultivate their crops. Among the guerrilla groups, we can highlight the FARC and the ELN, which proclaimed themselves to be the legitimate authorities of these territories given the evident vacuum of state power. On the other hand, the paramilitary groups appeared in the 90s, with their goal being to counterbalance the guerrillas’ influence in the region by fighting them. They were mainly integrated by families with a broad territorial power who sought to protect their properties and businesses from the abuses of such groups. We can highlight the predominance of the Giraldos, the Rojas Clan, Los Paisas, Los Chamizos, the William Rivas Front and the actions of alias “Jorge 40”; as being examples of paramilitaries who sought to overthrow the guerrillas in Magdalena, but later became associated with drug trafficking, murder services, parapolitics, and created a curse of violence much worse than the one experienced with the guerrillas.
In the 1970s, the Rojas and Giraldo families settled down near the Sierra Nevada´s territory, uprooting indigenous communities that had lived there due to their desire of getting their fertile lands for agricultural and livestock ends. However, because of the guerrilla presence they were often threatened and sabotaged, inciting them to hold up arms in order to protect their lands and eliminate the insurgents. As a result, both families decided to join into this cause and created the first paramilitary group in the department called Los Chamizos, which took control of the Sierra for almost 20 years. Later on, this new coalition got involved in drug trafficking, murders, blackmailing, and the displacement of multiple communities all over the region. Nonetheless, in 2000, the Rojas Clan, “Jorge 40” and Los Castaño brothers (Carlos and Fidel Castaño were the leaders of this paramilitary group, created as revenge for the murder of their father at the hands of the guerrillas) got in a dispute with Giraldo and a grim war covered Magdalena, in which hundreds of people died. Since the previously mentioned forces had much more power, Hernan Giraldo was defeated and an agreement was made stipulating that a new paramilitary group needed to be created synthesizing Los Chamizos with their forces. Here was born the Tayrona Resistance Force with alias Jorge 40 as their chief and Giraldo as the commander. This paramilitary force was responsible for some terrible acts of violence which created cases of mass displacement of communities in Magdalena and surrounding areas. Based on the Fiscalía Novena de Justicia y Paz data, The Tayrona Resistance Force is responsible for more than 2.900 assassinations all over the Sierra Nevada due to their extreme resentment of the guerrillas and anyone perceived as being sympathetic to them. By 2006 Giraldo, as part of the AUC demobilisation process, submitted to the justice process and the paramilitary groups went into conflict due to their ambition to fill the power vacuum left by him. As a result, they divided into factions forming some of the today’s organizations such as Las Águilas Negras, Los Paisas, el Clan del Golfo and Los Pachencas. The last one (Los Panchecas but now being identified as the Conquistador Heroes of the Sierra Nevada) in particular are suspected of carrying out much of the modern day violence in Magdalena, being in possession of a lot of territories inside Magdalena and all over the Caribbean region.
Crimes against leaders and activists
The alarming presence of violence and the transgression of human rights has led some individuals to take a step forward in order to fight for the safety of their communities. In this case, due to the complex situation that Magdalena is going through, social leaders have emerged to represent the interests of these communities. Nonetheless, they are constantly jeopardized by armed groups that intend to establish fear among the population of the region in their desire to maintain their monopoly of power, causing the cruel assassinations of social leaders in the department. Recently, Los Pachencas has become one of the most powerful paramilitary groups in the Caribbean region, mostly in Magdalena and La Guajira where nearly all their operations are done. This armed group is dominant in the region from the area of Cienega to Dibulla in the department of La Guajira, filling the void that was not only left by Hernan Giraldo, but also the one felt due to the absence of State presence. The activities of this organization are focused on drug trafficking, illegal commercialization of gasoline, blackmailing and they are suspected of responsibility in the assassination of social leaders the region; in fact, 2 of the 3 cases which this article will highlight are suspected to have been perpetrated by this group.
The first case to look at is Maritza Quiroz, a 60-year-old social leader who was a deputy on the Victim´s Board (representing victims of the conflict in the region) in Santa Marta. Her work was focused on helping Afro-Colombian women who suffered displacement and being the leading voice of her community with the government. Maritza suffered displacement in her native land in Valledupar and years later her husband was murdered by insurgents in San Pedro de la Sierra, which forced her to flee to Santa Marta. In 2013, Maritza applied to a governmental program where she received help from the National Agency of Lands, which assigned her (along with nine other women) a piece of land in San Isidro de la Sierra. There, she decided to be a voice not only for her new community but also to all the people who experienced displacement or violence, and likewise to defend women’s rights around the city; that’s how she became a social leader. Nevertheless, even though Maritza contributed a lot of hard work and improvement to the community, there had reportedly been threats by insurgents due to her willingness for making change in her village. In January 2019, Maritza was murdered at her home, reportedly by neo-paramilitary structures operating in the region. According to a local news source, this unique woman was a victim of Los Pachencas, because she had dismantled a structure on her land in order to protect her homeland from drug trafficking, and also the fact that her current social work was a risk to the intimidation that this organization wants to prevail inside the communities. Furthermore, national papers and other researchers believe that Maritza was another victim of the dynamics of assassinations of social leaders in the region. From that perspective, this brave woman was one of the other five social leaders that were killed in Colombia in just the first five days of 2019 owing to their work as human rights defenders, environmental protectors and local leaders, among others.
The next case is Wilton Orrego, a park ranger inside the National Natural Park of the Sierra Nevada who safeguarded the natural territory of the region, its natural beauty and the biodiversity of Santa Marta. Also, he reported the illegal uses of land near La Lengüeta such as drug trafficking (according to some researchers, the Sierra Nevada, where Wilton was murdered, is one of the natural parks that has illegal coca and marijuana crops due to the presence of armed groups in the zone), the pollution by industries, illegal occupation of the zone and illegal building inside the protected areas. In this case, this social leader was centered on the preservation of the department’s environment from illicit activities such as the ones mentioned. Reportedly, he too became the prey of Los Panchencas, owing to their intention of acquiring more presence in those territories for their further exploitation, or for them not wanting to see changes in the area which may affect their interests. La Lengüeta is a strategic zone for its fertile lands to farm coca leaves and for trafficking wood and cocaine, very lucrative ventures for these organizations; because of this, Orrego was murdered. Wilton was shot dead near the area of Perico Aguao. Curiously, this is also where the bodies of environmentalists Natalia Jimenez and Rodrigo Monsalve were found in December 2019. That case was judged to be a robbery but it seems strange that both these crimes occurred in this specific area; an area which is under the control of illegal groups such as Los Pachencas. Indeed, the killings in this particular stretch of Magdalena continue to occur with environmental and local leader Alejandro Llinás, who had submitted complaints over the handling of tourism within the protected areas and had also spoken out against the influence of neo-paramilitaries in the area, was shot dead at his farm near Calabazo on April 14th 2020.
Finally, there was the case of Yoryanis Isabel Bernal, an indigenous social leader of the wiwa community and a member of the Golkushe Human Rights group. Even though she was killed in Valledupar, Cesar, her work involved representing valuable indigenous communities in Magdalena. This woman was not only a bridge between the government and multiple indigenous communities, but also a passionate defender of women’s rights and a guardian of nature. Undoubtedly, her death can be linked to the dynamics of repression that paramilitaries and guerrillas demonstrate; since the beginning of the conflict in Magdalena, indigenous communities have been probably the most affected ones, considering their territories are located in key zones that facilitate the illicit practices of these groups and the lack of importance that they are really given by the State. Yoryanis was killed by an ex-member of Los Paisas, who allegedly tried to make it look like a robbery to mask the case so it would not be linked to the organization. It can be inferred that her death was planned because of how she encouraged indigenous communities to defend themselves and fight against every armed group that might try to harm their environment through practices such as the cultivation of drugs. Based on the three cases we looked at, it is pertinent to conclude that people who represent victims rights, protect biodiversity in the region and represent indigenous rights are viewed as an obstacle by the illegal powers in the area; something which should worry us all and should draw the attention of the State to make a proper intervention.
Patterns of social leaders deaths
The violations of the right to life of social leaders tend to be focused on certain areas of the country that have one or more of the following characteristics: A high correlation with the presence of paramilitary groups, correlation with zones affected by forced displacement, correlation with warned areas in risk reports and alerts from the Ombudsman’s Office and finally, a correlation between violations of the right to life and voting in the 2016 peace plebiscite.
The profile of some murdered social leaders highlights evidence of their participation in various organizations. Some of the previously mentioned cases before have these patterns, like Maritza’s case as she was a victim of displacement and then became a defender of female victims of displacement. The common pattern that we saw in all of the cases is somehow the involvement of paramilitary groups, either for threats to victims or for allegedly committing the crime. Another pattern that has not been mentioned before is that some of the deaths took place within the same area (area of Perico Aguao) and near to each other, as in the Wilton Orrego, and Natalia Jimenez/Rodrigo Monsalve cases. The area where these cases occurred is reportedly owned by an important landowner in Magdalena who has in the past had links with paramilitary groups. The protection of the natural resources of the Magdalena department is also hugely relevant because in the region, there can be found different types of resources that are only found there, and not in other parts of the country. Many social leaders such as Wilton Orrego and Yoryanis Isabel Bernal are defenders of nature of their region. Across all the country these patterns are a common denominator; other regions such as Cesar and Cordoba suffer the same problems that affect Magdalena too, such as criminal competition which means that one or more illegal groups tries to take down the main illegal group that has the hegemony in the territory. Another pattern that can be visible in those departments are that they are marginalized from the central government and that explains why those are regions left behind by the state and living a power vacuum. The central government knows that these regions are very rich in natural resources for the country, and yet they continue to leave them behind and this causes all the phenomens that those departments suffer. This power vacuum from the central government continues in Magdalena even though, in the 2016 plebiscite, the departments that were mostly affected by the conflict voted yes to the signing of the peace treaty because of what they had suffered due to the war. Such was the case with many parts of the Magdalena department. But those who voted no, which were located in the urban areas and did not suffer as many consequences as those who lived in rural areas, won the plebiscite. Since then the government continues leaving behind those actors that were the victims. Such actions do not take into account future consequences, such as the murder of social leaders in these forgotten regions.
The way forward?
We have seen that the central government has a lack of presence in the department of Magdalena, allowing different armed groups such as the ELN, paramilitary groups, and BACRIM to be present in the region. Social leaders deaths are the result of the lack of presence of the State, because this gives armed groups the opportunity to commit their crimes without any pressure of the State and also permits them to get away with their crimes. If the government would take necessary action whenever a social leader was at risk and threatened, many deaths could be prevented, but the absence of protection of social leaders around Colombia is a daily fact. Those social leaders that continue with their jobs of protecting their communities and denounce criminal activities in their region, live in constant fear for their lives. Because they never know if they are going to be the next victim.
Different groups have economic and political interest in this region due to geostrategic location in the country and all of the natural resources that are found in the department. That’s why many social leaders are at risk, due to the groups that have interest in the area, so those who denounce the things that are wrong such as Maritza Quiroz, Wilton Orrego and Yoryanis Isabel Berna face fatal consequences.
These social leader killings can be solved, but only if the government take more account of the work of the social leaders and give them the attention they deserve because of the labor they do in their communities. The government could create a special law that investigates and sanctions those crimes against social leaders. With this, the number of cases of killings related to social leaders could be reduced and people could understand how and why social leaders are being killed.
Finally, the department has one of the most important national parks in the country that carries a lot of cultural heritage of the country, a lot of natural landscapes that are unique in the country; for example the Sierra Nevada and the pristine beaches. The indigenous groups that are found in the region are an important part of Colombia’s past and present cultural identity. Therefore, the government needs to make sure that those social leaders that fight for the department are safe and are allowed to accomplish their work without any problem.
*Article written by Natalia Beltran, Maria Paula Corona & Maria Camila Martinez
Information for this article came from the following sources:
María del Pilar Hurtado was one of the social leaders to have been killed in Cordoba
Can you imagine living in a context where the barriers of legality and illegality are intertwined to the point that it becomes impossible to differentiate between them? Where fighting for your rights makes you a disturbance for both legal and illegal forces? Where, even though a Peace Treaty has been adopted, in which your rights are guaranteed, your conditions of existence still continue to be the same or worse.
That is the reality for social leaders in Cordoba who have to coexist with these particular dynamics that are present in the territory and that are endemic to the region. Dynamics such as the State’s abandonment of territories, the link between defense of land rights and the murder of social leaders and, finally, the relationship among illegal groups in the region. In this article we propose that the endemic dynamics present in the territory have not changed since the adoption of the Peace Treaty of 2016 and, in some cases, they have worsened.
Before continuing on, it is important to provide some brief contextual information about Cordoba. The latter is a Colombian department located in the North-West region of the country. Thanks to its fertile lands and extensive plains, cattle raising and crop plantation play a huge role in the economic life of the territory. Additionally, the department is home to Monteria, also known as the “Capital Ganadera de Colombia”, or the Livestock Capital of Colombia. The department is divided into 7 subregions: The Alto Sinú, The Bajo Sinú, The Medio Sinú, Costanera, Centro (Center), Sabanas (Savannah) and San Jorge. Furthermore, as a war-torn territory, Cordoba’s populace have grown accustomed to high levels of violence at the hands of illegal groups. According to the Defensoria del Pueblo, or Ombudsman’s office, in Colombia (A national government agency in charge of overseeing the human and civil rights of the Colombian people), out of all the municipalities of Cordoba, the most affected by violence are Tierralta, Montelíbano and Puerto Libertador due to presence of the Autodefensas Gaitanistas de Colombia (AGC) and the Nuevo Frente 18 (FARC dissidents). Moreover, the department is home to strategic places, such as the Nudo Del Paramillo, that serve as a corridor for drug trafficking and a hiding place for the drug factories. The latter causes illegal groups to fight among themselves for control over it. Having a clear understanding of the context surrounding social leaders, it is possible to continue on with explaining the difficult dynamics they face.
Firstly, Cordoba continues to be one of the most abandoned territories of Colombia, a point which is evident by the high presence of inequality, the lack of infrastructure and the high levels of corruption. For instance, the Technical Bulletin of Multidimensional Poverty on the Caribbean Region Department of emphasis: The Guajira [Boletín técnico sobre Pobreza Multidimensional Región Caribe Departamento de énfasis: La Guajira] (DANE, 2018) found out that Cordoba is one of the poorest territories of the Caribbean region with a score of 36,7%. The Index used in this study was The Multidimensional Poverty Index [Índice de Pobreza Multidimensional] which measures the proportion of the population that does not have access to decent education, living conditions, health services, work opportunities and public services. Therefore, the higher the score the bigger the proportion of the population that lives in precarious conditions.
Furthermore, the GINI coefficient for Cordoba in 2015 was 0.465 and in 2017 was 0.468. The significance of the GINI coefficient is that it measures the wealth distribution/inequality inside a nation. Hence, the absence of a decrease in the score between 2015 and 2017 indicates that inequality has not changed even after the Peace Treaty entered into force in 2016 with Cordoba being a zone of interest. Thus, demonstrating that the authorities have had a lack of interest in the region. Moreover, corruption is rampant in Cordoba as it has been the breeding ground for multiple corruption scandals. For example, through the years the department has seen the Cartel de la Hemofilia (A political scandal that involved government officials creating false cases of patients with hemophilia, in order to receive royalties from the State that then were used to finance political campaigns),Cartel del Baston (An embezzlement of 3.400 million pesos in which money was diverted to give “assistance” to senior citizens that did not exist) and the Escandalo de las Tucson (A fraud that involved a judge ruling in favor of the ex-workers from Telecom -a state-owned telecommunications enterprise- and ordering the company to pay for the economic benefits of those ex-workers, to which they were not entitled) have occurred in this territory and, in each case, it demonstrated that corruption is endemic to the region. What is more, when all of these conditions of poverty, lack of investment and engrained corruption arise; violence has tended to increase as well. In addition, where violence is rampant, there are bound to be people who speak up and in this case it is the social leaders who have raised their voices and for that they have paid a heavy price.
As previously mentioned, Cordoba is a department with complex dynamics of violence that were expected to settle down after the adoption of the The Peace Treaty. Nevertheless, as stated by “¿Quiénes son los patrones? (a report that provides data about the dynamics of Social Leaders and their persecutors and an analysis about the violations to the right to life), from the approval of the Peace Treaty until July 2018, there were a total of 16 murders against social leaders inside the territory.
In addition to what was stated above, the report mentioned that the reasons behind these killings can be attributed to social leaders announcing the violation of land rights and crop substitution programs. Hence, by doing so they become a target for paramilitary groups that benefit from illegal crop plantation. It is essential to remember that these places were formerly areas influenced by the FARC, where they developed coca leaf farming as a means of financing. When they left, after the adoption of The Peace Treaty, a power vacuum was formed in Cordoba that is nowadays being filled by paramilitary groups. For example, the power vacuum present in the south of Cordoba has been filled by groups such as the “Clan del Golfo” and other unidentified paramilitary groups (Fundación Paz & Reconciliación, 2017). In 2017, under the regime of the paramilitary groups, in Cordoba there were 2668 hectares of illicit crops that end up being denounced by social leaders.
The most concerning point that was brought up in the report was the lack of interest from Cordoba’s political class, which can be explained by the overlapping interests shared with paramilitary groups or their alignment with illegal para-political activities; for example, Miguel A. De La Espriella, Cordoba’s representative in National Congress, was accused of para-political related policy and illegal crop businesses due to the ex-Senator being linked with “Mancuso” and Carlos Castaño, both notorious former paramilitary leaders. Additionally, there has been the case of Eleonora Pineda, an ex-Congresswoman prosecuted for her relationship with para-militarism, and the case of Carlos Nader Simmonds, an ex-congressman prosecuted in the United States for drug trafficking (El Tiempo, 2017). These cases are just some examples of the long list of politicians linked with illicit activities and paramilitary groups in the region.
All of the above showcases that there is an incentive for the political class to cooperate or, at least, to ignore the actions carried out by the paramilitary groups, as in some cases those actions align with their interest or help them perpetuate their position in local government. Hence, when a social leader calls out the actions carried out by the paramilitary groups and is then murdered for it, there is no real motivation from the political class to look for the perpetrator. For example, when the social organisations of the south of Cordoba defended illegal crop substitution, one of its social leaders was killed. As of the time of writing, the perpetrator has not been found. The rise in quantity of illicit crops has not only made social leaders speak out against them, but has also made the clashes between illegal groups increase.
The fight for land is not exclusive to social leaders. Since the departure of FARC fighters from the region, the power vacuum left behind has been a source of conflict between the illegal groups that fight for control over the abandoned territories, causing an increase in violence. Undoubtedly, other causes exist in addition to the control of illicit crops and more recently for the issuance of mining titles. According to the report “Quienes son los patrones?” the Neo Paramilitaries (former members of the armed groups) represent the group that dominates the best part of the region. Since 1994, The Castaño brothers (the founders and leaders of the AUC Paramilitaries) always disputed the territory with the FARC but, after the Peace Treaty dissolved the latter group, the groups which have evolved from the AUC paramilitaries have gained even more power in the region.
Furthermore, certain areas of the department tend to be more violent than others, such as the case of southern Cordoba, in which the most notable dispute is between former paramilitaries the “Clan del Golfo” (Autodefensas Gaitanistas de Colombia/AGC) and a splinter group, “The Caparros” (to further complicate matters, this group operates with the support of the FARC Front 18 dissidents and reportedly has links with Mexican drug cartels) for control over the land suitable for illicit crops. Proof of this, are the statements made by José David Ortega, leader of the Association of farmers of the South of Cordoba, who claimed that illegal groups take away the land from farmers in order to use them for the plantation of coca leaves. The numbers of illicit crops have increased, as evidenced by a study made by the United Nations Office on Drugs and Crime, which revealed that in Cordoba, the cultivation of coca grew from 2,688 hectares in 2016 to 4,780 in 2017. This means that the increase of illicit crops in that department was 2,112 hectares. In fact, according to figures from the Office of the Attorney General, between June 2011 and April 2018, 7 land claimants were murdered in Cordoba. As a result, there is a strong correlation between increased crops and increased rates of violence and death. At that time, the situation was tense, and the main victims belonged to the National Program for the Substitution of Illicit crops (PNIS), as indicated by the General of the Police of Cordoba, Jairo Baquero Puentes, when he stated: “We finished a year with an increase in deaths and during the first months we had on average 3 to 4 weekly homicides”.
In contrast with the situation in the southern region, where only one actor dominates, in Tierralta all the armed actors converged, para-political ties are heavily present, and thousands of people have been displaced. After the demobilization of the AUC, this territory was filled with different armed groups: Los Rastrojos, Los Paisas, Águilas Negras, Autodefensas Gaitanistas de Colombia (AGC) and others. Therefore, creating a problem of who controls the land, and there is a constant fight for power. It is important to understand that this is a strategic zone for war and drug trafficking.
One social leader murder that managed to move the country was that of María del Pilar Hurtado on June 21, 2019. Hurtado was part of a group of families that established a settlement in Tierralta and her role was that of a negotiator who dealt with the restitution of land and with the landowners. This role made her become its community leader. In her last months of life, she was threatened by the paramilitary group the Gaitanista Self-Defense Forces of Colombia (Clan del Golfo/AGC), as reported by human rights defenders. In addition, the threat pointed out that anyone who had been in the settlement since June was automatically considered as “military objectives”. The above is a clear example of a leader who never looked for problems with the self-defense groups or drug traffickers, but who was killed for simply defending her land rights and the rights of her community. Around this case, there was a lot of national controversy, not because of the death and its causes, but because of the video that circulated on social networks, where the leader’s son is seen crying by the corpse of his mother.
According to The Territorial Table of Guarantees for Social Leaders and Rights Defenders, Hurtado is one of the 32 leaders that have been assassinated in Cordoba since the adoption of the Peace Agreement (between 2016 and 2019). From these figures, many analysts show a correlation between the implementation of the Comprehensive Rural Reform, the plantation of Illicit Drugs and the implementation of the Peace Agreement with the murders of social leaders. In summary, a large number of the assassinations of social leaders in Cordoba are related to the interest of illegal groups in owning land for illegal crops and despite the efforts of crop substitution programs and the signing of the Peace Treaty, this situation continues to persist.
In conclusion, the State´s abandonment of territories, the link between defense of land rights and the murders of social leaders and the relationship between illegal groups reflect the complex dynamics social leaders have to deal with when trying to fight for a better future. In the end, it seems like Cordoba is on the path to becoming a para-state, where law and order is imposed by illegal groups. If the latter is achieved, the amount of violence and displacements will increase even further. Social leaders will be at the mercy of paramilitary groups that, taking into consideration what has been previously stated in this article, do not care for their rights and well being. Therefore, it is important to bring light to the situation so more people take part in defending social leaders. It is important to remember that these people are Colombians with dreams and prospects for a better future. From a moral standpoint, it is our duty to protect them.
Although the situation is deplorable in Cordoba, it is certainly not the only department in trouble. Such a situation, unfortunately, occurs in several regions where there is an abandonment of the state. Therefore, more visibility and media attention is required to identify the negative impact it has. By solving this problem, the economy and social welfare can be better developed, not only in these regions, but also in the entire Colombian territory. For example, a decrease in violence can translate to more income destined to fight against illegal groups, and more being used for the betterment of the living conditions for the inhabitants of Cordoba. Hence, economically speaking, that is why the death of a social leader must be a concern for all citizens.
The killings of social leaders should not be a debate of whether they did something to deserve it or if they were involved in suspicious business. Instead, it should be a source of worry for a life that has been lost and a future we will never know. Just like your family members, they are people fighting for what is rightfully theirs. If we have a hint of human empathy, it is within our responsibilities to help them.
Niall Connolly, Martin McCauley and James Monaghan
In amongst the news yesterday of COVID 19 crisis measures and the associated death rates was the information that the three Irish citizens known as the Colombia Three had been awarded a partial amnesty by the Colombian Transitional Justice system. The Jurisdicción Especial para la Paz (JEP) is the special legal entity established as part of the 2016 Peace Agreement between the Colombian government and the FARC guerrilla organization with responsibilities to investigate and rule on cases involving the long-running civil conflict in Colombia in the years prior to the signing of the agreement. The three men (James Monaghan, Martin McCauley and Niall Connolly) had been arrested in Bogotá airport in August 2001, having returned from a five-week stint in the department of Caqueta (an area which formed part of a huge demilitarized zone under the control of the guerrilla group on account of peace talks which were occurring at the time). Their clothes showed traces of chemicals associated with the making of explosives, and international intelligence agencies claimed the men were members of the IRA (Irish Republican Army). The Irish citizens were also travelling under false documents, and following a near three-year legal process, the three were sentenced to 17 years each in prison in 2004. However, they disappeared shortly before the final appeal only to reappear in Ireland the following year. The decision by the JEP is the first step in admonishing the men from legal responsibility in Colombia. The case and ruling appeared to draw little attention in the public sphere in Colombia this week, perhaps understandable given the precedence given to the current public health crisis, but its ramifications at the time were huge; the arrests frayed international relations, placed huge strain on the then nascent Irish peace process, angered many allies of Sinn Féin (political party emanating from the IRA) in Washington, and ultimately accelerated the process of IRA arms decommissioning. The original disappearance from Colombia also raises interesting questions.
The IRA officially ended its near 30 year armed struggle against British rule in Ireland with the signing of the Good Friday Agreement in April 1998. The agreement saw the military organization agree to disband in return for a power sharing political deal in Northern Ireland. In effect, the organization was moving on from the “Armalite and Ballot-box strategy” (military actions combined with political moves in the 80s and 90s) to a purely political focus via the Sinn Féin party on both sides of the Irish border. Without getting into the specifics of the Irish peace agreement, it is important to point out a couple of important details. First, the agreement led to a power sharing deal for political participation in the devolved government of Northern Ireland. Sinn Féin emerged from the peace process as the dominant political force among the nationalist/Catholic population, and the Democratic Unionist Party (DUP) would later establish itself as the dominant unionist/Protestant political party; meaning the most extreme elements on either side of the divide would govern together. This relationship was frayed from the beginning and it has not made a huge amount of progress in the 20 plus years since. Second, the peace agreement placed no firm specific dates on when the IRA would dismantle their weapons; it merely stated that the weapons would be “put beyond use” at some point to be agreed upon. Such a situation contrasts greatly with the Colombian Peace Agreement, which saw the FARC hand over all weapons within 8 months of signing the agreement in November 2016; a process overseen by the UN. One reason for the lack of definitive dates for disarmament in the agreement was the relatively strong position Sinn Féin took into negotiations; British prime minister Tony Blair and U.S. counterpart Bill Clinton were both keen for foreign policy victories, and had sympathy with Sinn Féin leaders Gerry Adams and Martin McGuinness who were walking a tightrope in trying to convince IRA hardliners to accept a deal which fell well below the stated aim of a 32 county Irish Republic. Their determination to get a deal done meant that IRA decommissioning could wait for the time being; a fact which greatly angered the unionists and was a constant cause of tension as well as causing obstacles for the establishment of the new power sharing executive. The issue of arms decommissioning was one Adams would use in order to extract further political benefits in the years following the signing of the agreement in 1998. However, events in Bogotá and New York in 2001 would alter the scenario greatly.
Despite the numerous atrocities carried out by the IRA during their years of armed struggle, Sinn Féin had always maintained a strong bipartisan level of support in Washington. This was mainly on account of the political and economic influence of Irish-Americans; evidence perhaps of that old adage of one man´s terrorist being another´s freedom fighter. However, the arrest of James Monaghan, Martin McCauley and Niall Connolly in August of 2001 at Bogotá´s international airport caused great anger and embarrassment among Sinn Féin’s U.S. allies. Fighting the age old battle against British colonialism, even accounting for some of the heinous bombing campaigns, was one thing for U.S. politicians, but being caught training Marxist rebels with links to the drug trade, and at a point when the U.S. was pouring vast amounts of money, arms and resources into Colombia to battle the FARC via the Plan Colombia program was beyond the pale even for the staunchest supporters of Sinn Féin in Washington. It also created huge problems for the Irish peace process and the British and Irish governments who supported it; the IRA were supposed to be disbanded, yet here they were supposedly training the FARC in the Colombian countryside. Sinn Féin rejected claims that the three men were members of the IRA, imploring justice for the Colombia Three (the name was likely strategically used to hark back to past cases of injustice such the Guildford Four and the Birmingham Six). There were even fanciful claims that the three had been on a bird-watching trip. However, various intelligence agencies were adamant that both Monaghan and McCauley were members of the IRA´s engineering department with expertise in the creation of mortar bombs to be used in urban environments. The general consensus was that the organization was exchanging technological knowhow in return for payment. Worse still for Sinn Féin was confirmation from Cuba that Connolly had been Sinn Féin’s representative to the government of Fidel Castro, never the most popular of foreign leaders in the U.S. Within a few weeks, the situation and the world would change dramatically with the 9/11 terrorist atrocities in the United States. The Bush administration had never been as enthusiastic in its support or tolerance for Sinn Féin, but the events of August and September 2001 had altered everything; the War on Terror would begin in earnest and support would be prioritized for those battling terrorists, a point which the soon to be president of Colombia Alvaro Uribe seized upon with relish as he took the fight to the FARC backed by U.S. arms, weaponry and expertise. For Sinn Féin and the IRA, given their need for political and economic support from the U.S., there was no choice but to accelerate negotiations over weapons decommissioning.
The process of IRA arms decommissioning was completed in September 2005, one month following the reappearance of the Colombia Three in Ireland. The timing, in hindsight, seems curious although it could of course be a simple coincidence. The three had been released on bail while awaiting news of their appeal in 2004, but mysteriously vanished before the appeal was rejected. In a televised interview upon their return to Ireland in 2005, James Monaghan refused to give details of how they evaded justice to return home; only mentioning that they “had got a lot of help from a lot of people” who he did not wish to endanger by revealing names. It seems likely they were brought to Venezuela and from there to Cuba, before making their way back across the Atlantic at some point. It is worth pointing out that Colombia at this stage was experiencing perhaps its murkiest period of its long running armed conflict, with the FARC still controlling large swathes of territory, and right-wing AUC paramilitaries committing massacres, exercising control in many regions, and carrying out executions of journalists, trade union members and anyone else suspected of having left-wing leanings, often with the compliance of state security entities. Furthermore, during this period the state security agency (the now defunct DAS) had opposition figures and others suspected of being sympathetic to the FARC under surveillance, with this information being shared with President Uribe. It would seem strange in such a context, that a trio of foreigners found guilty of training the FARC could just disappear into thin air. The then president is an avowed enemy of the guerrilla group, with his father being killed by the organization during a botched kidnapping in 1983. Indeed, his own inauguration, in August 2002, was the target of a terrorist attack by the guerrilla group, with homemade mortars being fired at the House of Congress from the nearby city centre streets in Bogotá. Coincidently, mortars such as these were said to be the specialty of James Monaghan, the eldest of the Colombia Three. It seems likely that President Uribe, like the majority of Colombians at the time, would have been determined to see the three Irishmen behind bars for their crime. Was there, perhaps, a quiet word from Washington encouraging the state security agencies to look the other way? The twitter feed of the former president, never shy in berating what he views as the inadequacies and bias of the JEP, has been surprisingly quiet in relation to the news of the partial amnesty. Either way, almost twenty years on from their initial arrest, the curious case of the Colombia Three continues to serve as an interesting lens through which to view the internal conflicts in both Ireland and Colombia as well as analysing international affairs at the beginning of the new millennium.
After many years of armed violence in the Colombian State, illegal armed groups (IAGs) have noticed that massacres and slaughter are very effective ways to silence minorities. As a result, we find the phenomenon of killing social leaders: instead of killing an entire group, these IAGs only deal with its leader in order to send a threatening message. The effect, although sometimes resulting in an increased sense of motivation to fight the IAGs, often ends up being the abandonment of minorities’ demands for rights. While minority groups in Colombia have long suffered a suppression of their rights, the long running civil conflict and presence of the FARC guerrilla group tended to distract from such issues. However, it is pertinent to say that the murders of social leaders became a real public issue after the signing of the agreement with the FARC-EP. One of the most notable cases from a vast list of murders is the that of park ranger Wilton Orrego. Firstly, this text will show the life and death of this man; his job, his workplace, and the role he played in the increase of attention from the media towards the situation of social leaders. Then, the case of Mr. Orrego will be compared to other cases in order to find similarities. Finally, the article will outline the circumstances that make all this illegal activity possible in Colombian territory.
Wilton Fauder Orrego León was a 38 year old park ranger who was killed on Monday, January 14th 2019. Wilton had been working for three years as a contractor for the Natural Parks Unit, attached to Parque Sierra Nevada de Santa Marta, carrying out surveillance work in the La Lengüeta sector, a rural area on the coast near Santa Marta. Not only had Wilton never received threats against his life, but he also had a great performance in his work as Park Ranger in Natural National Parks. Therefore, the authorities’ investigation did not find a direct relation between his murder and his profession. However, some other facts need to be taken into account; like the recent removals that the park rangers had carried out against illegal occupations in this area. Another important point is related to his wife Saida García, who has exercised a labor as a social leader and participated in several projects within the area.
Secondly, the murder of Wilton Orrego follows certain patterns that can be seen in other social leaders cases. For example, according to RCN, the assassination of Ricardo Silva’s son, in their farmhouse, by an unspecified illegal group, who had actually targeted his father. The relationship between these murders is that the victims weren’t social leaders, but their relatives were. Also, the authorities couldn’t find any precise information about the killings, so they linked it to the relationships between the social leaders and the victims.
The next step is to explain the circumstances of the Colombian context that could be considered potential causes of these violent deaths, taking into account the factors and patterns of the park ranger’s murder. According to a report named Patterns of Violence, many social leaders have not been attacked directly; nevertheless, their relatives and friends have been victims of personal attacks. The statistics provided by the report show that, in most of the cases, the aggressor does not belong to any identified criminal group, but nearly all of the cases occur in contexts where illegal armed groups are present.
Wilton Orrego, who was buried in the Sierra Nevada, had been involved in reporting illegal settlements on land which the National Parks entity claims for the purpose of conservation. These lands had become a home for some settlers, who had been living there for more than 20 years. The site is key not only for its natural exuberance, being a refuge for biodiversity and a major tourist attraction, but it is also a strategic corridor that allows illegal groups to move tonnes of narcotics and weapons thanks to the natural ports of deep waters, and to the main Caribbean road link that crosses by the zone, assuring the terrestrial connection with Barranquilla, Cartagena, the rest of the coast, as well as the interior of the country. National Natural Parks of Colombia calls for the continuity of adequate investigations to clarify this terrible situation; the death of a leader who was meant to ensure the conservation of biodiversity in northern Colombia.
The Sierra Nevada de Santa Marta is one of the zones in Colombia with a degree of State absence. The will of the governments since the formation of the state, has always been to focus the investment, development, infrastructure and security in the urban centers. As a consequence, the peripheral zones are always at risk of the presence of illegal groups that take advantage of the absence of effective rule of law. As was already said in the text, the zone is a strategic point for narcotrafficking thanks to the rivers that cross this land. In a report made by the magazine SEMANA, it is written: “The impregnable mountain that rises a short distance serves as a hiding place and rearguard for criminal organizations that profit from this traffic, the Pachencas and the Rojas, heirs of the paramilitary groups of Hernán Giraldo and Adam Rojas, respectively.” This is a common feature of rural areas where social leaders get murdered: very little governmental institutionality and a considerable presence of illegal armed groups, as well as cartels.
To summarise this article, it is important to mention once again that most social leaders are murdered protecting the rights of vulnerable communities, or the land where minority and marginalized groups live. There are similarities in all the cases, mainly the fact that even their relatives result negatively affected. Even though one can say there was once peace in the area of Sierra Nevada de Santa Marta, today it has become a disputed zone for territorial control between the armed groups mentioned, the Clan del Gólfo, the ELN, the Pachencas, and The Rojas. And in the middle of such conflict, social leaders who want to defend the rights of its people are in grave danger.
*Article written by Laura Ayala, Yoel Jepes and Ezequiel Saurith
La Libertad Sublime 