EU clashes with UN’s stance as Colombia forgives and forgets

By David Cronin

Date: 22/09/05

EU foreign ministers are being urged by their diplomats to back a changed strategy for Colombia when they meet in Luxembourg on 3 October.

The diplomats are calling on the Union to support the Colombian government's controversial move to reintegrate armed groups into society, even though it has been strongly criticised by the United Nations.

Colombia's Vice-President Francisco Santos will speak in favour of the Justice and Peace Law when he addresses a European Parliament hearing today (22 September).

Bogotá regards the new law, which entered into force in late July, as the next step in a peace process stemming from the ceasefires called by some armed groups in December 2002. Members of armed organisations would be allowed to go free provided they confess to their crimes and serve a prison sentence of five to eight years. According to the Colombian government, the law's provisions can be applied to right-wing paramilitary organisations like the United Self-Defence Forces of Colombia (AUC), as well as to guerrilla groups like the Marxist-oriented Revolutionary Armed Forces of Colombia (FARC).

A confidential paper drawn up jointly by envoys to Bogotá from EU member states recognises that the "balance between the risks and benefits of the law" is "not entirely convincing". It summarises the various complaints against the law, including statements by the UN's human rights office in Colombia that the law "falls well short of accepted international standards in the area of truth, justice and reparations".

"The law's most vociferous critics claim that it is a law for immunity and impunity, giving criminals, guilty of some of the country's worst human rights abuses, generous benefits, while failing to address the legitimate rights of their victims," the paper says.

But the diplomats recommend that the EU should follow a policy of "discreet political support and cautious practical help" for the law's implementation. "If all those charged serve at least some time in detention, this will represent progress, given current levels of impunity, and if at least some of their seized assets are used to compensate the victims, it sends a strong message both to the victims and to other illegal armed groups," the paper advocates.

The diplomats suggest that support should be offered to "local reconciliation activities" in areas where the 'demobilisation' of armed factions is taking place. The Netherlands is already financing such a pilot scheme in the C-rdoba region.

But the paper states that French diplomats have "voiced serious reservations" about the conclusions arrived at by their counterparts from other EU countries. France doubts whether the law can "deliver positive results" and believes it is "too soon" for the EU to decide if it should have an involvement in the peace process, it adds.

Nicolas Echavarria, Colombia's ambassador to the EU, said that he was "extremely pleased" with indications that the Union will support the law. He described the law as "balanced", arguing that it provides for "an alternative justice, not a full pardon for those people engaged in illegal armed groups". Its provision requiring that confessors serve five to eight years in prison is "much more strict than what happened [during peace or reconciliation processes] in South Africa, Rwanda, Argentina, even Chile," he said.

But Shaun Kirven from the human rights group Action on Colombia predicted that the law was "not going to establish the truth" on atrocities committed during the conflict, despite how "the UN office says truth is a vital part of any reconciliation". He also voiced fears that it could lead to paramilitaries entering local politics without adequate reparations being granted to their victims.

In a report issued last month, Human Rights Watch claimed that the 'demobilisation' efforts were consolidating the powers of paramilitaries. Although almost 6,000 people have taken part in "collective paramilitary demobilisations" since 2003, just 25 of them had been "detained for the thousands of atrocities committed by their groups" by April 2005, HRW notes. Paramilitary groups continue to control areas like Medellín, where some demobilisation has taken place and are taking advantage of the process to engage in money laundering from the proceeds of activities like drug trafficking, the report notes.

In addition, the diplomats' paper states that there have been numerous violations of ceasefires declared by armed groups in the past few years, while some of the demobilisations - such as a 2003 exercise in Medellín - are described as "more sham than real". The violations include more than 360 murders, 16 massacres and 180 kidnappings.

Article reports that EU Foreign Ministers were being urged by their diplomats to back a changed strategy for Colombia at the General Affairs and Foreign Relations Council, Luxembourg 3 October 2005. The diplomats were calling on the Union to support the Colombian government's controversial move to reintegrate armed groups into society, even though this had been strongly criticised by the United Nations.

• Primary Source

European Commission: DG External Relations: Countries: Colombia http://ec.europa.eu/comm/external_relations/colombia/intro/index.htm

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