Political Influence of local and International NGOs in Domestic Policymaking Processes: Kidnapping Prevention in Colombia
Sugit S. Arjon (10889906)
Supervisor: Eva van Roekel
Second Reader: dr. Robert Jan van der Veen
26th June 2015
MSc. Political Science: Thesis
1 Acknowledgment I would like to thank Eva van Roekel, my supervisor, for her full support, assistance, encouragement, and understanding throughout research and thesis writing period. Besides my supervisor, I would like to express deepest appreciation to my research assistant, Dewi Sekar Sariningrum Heru who helped me in data collection. Deepest gratitude for my participants, representatives of NGOs, without their time, the empirical information presented in this thesis would not have been possible. Last but not least, I believe I would not have been able to complete my thesis without the love and support from my parents. I am also very grateful for friends that I made during my wonderful stay in Amsterdam.
Amsterdam, June 2015
Sugit S. Arjon
Cover images taken from Pixabay, Creative Common Public Domain, free for commercial use.
2 List of abbreviations and acronyms BACRIM BEnd Criminales Emergentes ( The Emerging Criminal Gangs)
CGSB Coordinadora Guerrillera Simon Bolivar (Simón Bolívar Guerrilla Coordinating Board)
CINEP Centro de Investigación Popular (Centre of Research and Popular Education)
CNP Foundation Consejo Nacional de Paz (National Peace Council)
COSOC Consejo Comunal de Organizaciones de la Sociedad Civil
ELN Ejército de Liberación Nacional (The National Liberation Army)
EPL Ejército Popular de Liberación (The Popular Liberation Army)
EU European Union
FARC Fuerzas Aramadas Revolucionarias de Colombia (The Revolutionary Armed Forces of Colombia)
GAULA Grupos de Acción Unificada por la Libertad Personal (Unified Action Groups for Personal Liberty)
ICC International Criminal Court
ICJ International Court of Justice
ICTJ International Center for Transnational Justice
INGOs International Non-Governmental Organisations
ISO International Organization for Standardization
M19 Movimiento 19 de Abril (19th of April Movement)
MAQL Movimiento Armado Quintin Lame (Quintin Lame Armed Movement)
MOVICE Movimiento Nacional de Víctimas de Crímenes de Estado (National Movement of Victims against State Crime)
NGOs Non-Governmental Organisations
3 NPC Consejo Nacional de Paz (National Peace Council)
OAS Organization of American States
OEA Organización de los Estados Americanos (Organization of American States)
PRT Partido Revolucionario de los Trabajadores de Colombia (Workers Revolutionary Party of Colombia)
REDEPAZ Red Nacional de Iniciativas Ciudadanas por la Paz y contra la Guerra (National Network of Peace Initiatives)
RUV Registro Único de Víctimas (Unique Registry of Victims)
UN United Nations
UNHCR United Nations High Commissioner for Refugees
USA United States of America
USAID United States Agency for International Development
4 List of figures, tables, and map
Figure 1: Illustration of government and NGOs relations ………………………………….21
Figure 2: Number of kidnappings ……..…………………………………………………....29
Table 1: Number of kidnappings in Colombia from 1990-2002 …………………………...29
Table 2: Differences between grassroots and advocacy NGOs ……………………………36
Table 3: Categories of NGOs based on their activities ………………………………….38-39
Table 4: Aim, goal, and execution of grassroots and advocacy NGOs ………………….39-40
Table 5: NGOs role with samples and techniques …………………………………………43
Table 6: List of peace talks between the Colombian Government and guerrilla groups... 52-53
Map 1: Political map of Colombia ……………………………………………………… 60
5 Table of Contents Acknowledgment ...... 2 List of abbreviations and acronyms ...... 3 List of figures, tables, and map ...... 5 1. Introduction ...... 7 2. Methodology ...... 10 2.1. Content analysis ...... 10 2.2. Semi-structured interview ...... 11 2.3. Criteria for participants ...... 13 2.4. Ethical considerations ...... 13 2.5. Reflection on data collection...... 14 3. Theoretical framework ...... 15 3.1. Non-governmental organisations (NGOs) as catalyst for change ...... 16 3.2. The idea of democracy is to participate ...... 18 4. Colombia: kidnap capital? ...... 26 5. NGOs ability to influence the Government ...... 31 6. NGOs’ involvement in Colombian Government strategies to combat kidnapping...... 47 6.1. Legal framework ...... 47 6.2. Institutions...... 49 6.3. Peace talk ...... 50 7. Conclusion ...... 54 8. Bibliography ...... 57 9. Appendices ...... 64 9.1. Appendix 1: Presidential remarks ...... 64 9.2. Appendix 2: Colombia map ...... 70
6 “The people of Colombia, in the exercise of their sovereign power, represented by their delegates to the National Constituent Assembly, invoking the protection of God, and in order to strengthen the unity of the nation and ensure to its members life, PEACEFUL COEXISTENCE, work, JUSTICE, EQUALITY, understanding, FREEDOM, and PEACE within a legal, DEMOCRATIC, and participatory framework that may guarantee a just political, economic, and social order and committed to promote the integration of the Latin American community, decree, authorize, and promulgate the following.” (Constitution of Colombia, 1991)
1. Introduction The preamble of Colombia’s Constitution of 1991 says that the Colombian Government will ensure a peaceful coexistence, justice, equality, freedom, and peace within a democratic structure for the Colombian people. This is a promise from the Colombian Government to its people to protect them from struggles. However, evidence shows that these promises are not being kept. Colombia faces numerous organised crimes today, such as drug trafficking, arms dealing, money laundering, human trafficking, and kidnapping. All of these crimes threaten Colombia’s people, who need the Colombian Government to combat all of the crimes above with appropriate and applicable policies. According to UNHCR in 2008, Colombia is considered a developing nation and a lower middle-income country. This status from UNHCR has triggered and force kidnapping into an industry within the Colombian people. Kidnapping became an industry because the practices growing profits, the revenues earned because majority of the kidnapping cases in Colombia require ransom as they way to make money (PAX Christi, 2001). Why the phenomena kidnapping as an industry happens? One of the main reason is because the expanding activities of guerrilla groups and common criminals. PAX Christi (2001) argue that majority, the victims of kidnapping suffer from psychological trauma and the ransom payment often leads to the bankruptcy. Moreover, McGee (2010) argues that the economic gap between the rich and the poor in Colombia is widening, causing inequality and never-ending civil conflict; this is all started because of human rights crisis with the highest number of kidnappings in the world, which is not an ideal situation for a developing country.
Moreover, the Colombian Government must fight those criminals who make Colombian people insecure in their own country. In a globalised world, non-governmental organisations (NGOs) play an important role in combatting and preventing those crimes by delivering
7 policy recommendations to the Colombian Government. Numerous NGOs in Colombia, both locally and internationally, use public engagement as an approach to facilitate public participation in political decisions, their participations have been essential. The NGOs raised their concerns, arguably because public concern about human rights issues is likely to increase, due to fears of guerrilla attacks. An important question is that of whether or not the involvement and the participation of NGOs were effective in terms of their influence on policymaking. Did the NGOs have an actual impact on the policy outcome in Colombia? If they did then, how did they do it? This thesis aims to answer the research question below:
“How the local and international NGOs exercise their influences on domestic policymaking processes to the Colombian Government to prevent kidnapping?”
An analysis and assessment of NGOs’ influences on policymaking is very challenging from an academic point of view because the answer to the question above is genuinely diverse. Therefore, this thesis focusses on the specific case of kidnapping. Kidnapping practices lead into bigger human rights crisis, for example, kidnappings as the new ways of financing the war with guerrilla groups. Thus, it is arguably correct that kidnappings are able to unravel the human right crisis in Colombia. Furthermore, for the analysis of the Colombian Government’s relations with NGOs, this thesis focuses on NGOs that are interested in the policymaking processes of human rights in Colombia, especially the kidnapping issue.
The number, diversity, and political influence of NGOs in Colombia present an opportunity to study public participation. This thesis aims to fill in the gap in the study of NGOs’ political influence. This gap exists because of the fact that there is a limited number of expert scholars who study the political influence of Colombia’s civil society and NGOs on the Colombian Government (Newcomer, et al., 2013), (Molleda & Suárez, 2005), (Guáqueta, 2007), and (Margarita, 2003). From a theoretical approach, this thesis aims to determine the extent to which the political transition from a military regime to democratic system determined the ability of NGOs in Colombia to exercise their influence on the Colombian Government’s policymaking processes. While many NGOs working in Latin America tended to overestimate the role that democracy assistance played in fostering positive change (Mendelson & Glenn, 2002) in a transitional period in many Latin America countries, external actors outside of the government, such as lawyers, judges, transgovernmental networks, and NGOs, played a large and important role. The role of these actors mainly included helping the locals with transitional justice and truth commission (Roht-Arriaza,
8 2005). However, the discussion about the way Colombian NGOs exercise their lobbying and pressuring action on the Colombian Government in a democratic regime is limited. Thus, this thesis aims to fill the gap in the social science literature regarding the discussion of how local NGOs in Colombia influence government policymaking processes in a democratic system. Moreover, a better understanding of the policymaking processes in Colombia through active participation from its citizens could improve the quality of the Colombian democratic system
This thesis aims to look closely at how NGOs in Colombia actually function and work on their influence on Colombian Government policies. Mendelson & Glenn (2002) describe how Thomas Carothers observes NGOs as advocacy-oriented groups, which are crucial for democracy because “they seek to influence governmental policy on specific issues, which serve citizens’ interests’ vis-á-vis the state” (Mendelson & Glenn, 2002, p. 6). Moreover, this thesis explores the role of NGOs by examining how their strategies have worked to prevent kidnapping in Colombia. It also aims to obtain an understanding of how local NGOs affect Colombian Government policies.
The assessment of political influence and power is important for analysing domestic politics; it is a sensitive and difficult issue at the same time. Political influence and power are important because they involve the interests and even the lives of many people in a country. Assessing the influence of actors who are involved in policymaking processes is important for many social science Is because the NGOs’ influence can be the foundation for an analysis of participation in a democratic system. Moreover, the analysis of participation in a democratic system can be linked to the quality of democracy because the political influence and power are able to balance the relations between the public and private sectors. Private sectors in this case are the NGOs. These balanced relations mean that through political influence, the NGOs are able to provide important feedback and advise the government from existing policies that the government has created. The political influence and power between the state and the NGOs intends to deliver better results to the citizens; thus, the outcome of this political influence and power is crucial. Cooperation between the state and NGOs in many Latin American countries, including Colombia, demonstrates that the concept of participatory democracy has been accepted. Even though scholars often argue that the participation of NGOs comes at a price, it increasingly reduces the role of the state. Moreover, my data shows result which opposite from existing debate on democratisation in Latin America. The existing debates on democratisation in Latin America are mostly from the pessimistic point of view, while my arguments are more positive and optimistic. My
9 arguments based on comparing the current practices of democratisation in Colombia with the practices for the past few decades, where the military regime was in power.
Following this introduction there is a chapter about the methodology that I used in this study: content analysis and semi-structured interviews. The next chapter provides theoretical insight into what other scholars think about democracy, political influence, and NGOs. The first analysis chapter presents a discussion about how Colombia is considered a kidnapping capital; it discusses how this happened, why it happened, and what can be done about it. The second analysis chapter presents a discussion about the political influence of NGOs on the Colombian Government; its analysis aims to show the reader what strategies, techniques, and approaches NGOs use to influence the Colombian Government’s policymaking processes. This chapter also presents a short analysis of how the challenges that NGOs face while exercising their influence on the government, could influence the amount of pressure that they can put on the government. The third analysis chapter will present a discussion about the NGOs’ involvement in the government’s strategies for preventing kidnapping. These strategies include: a legal framework, institutions, peace talks, and international pressure. The last chapter of this thesis will conclude with the answer to the research question. A bibliography and appendices are provided at the end of this master thesis.
2. Methodology
2.1. Content analysis This study aims to answer the research question about how NGOs exercise their influence on the Colombian Government’s policymaking processes; hence, it is important to analyse systematically the content from these government policies. “Content analysis is a social scientific methodology for making sense of recorded human communication including news media, policy documents, letters, even video or novels – particularly written texts” (Baxter, 2009, p. 275). Content analysis is a method that involves breaking up paragraphs and then interpreting them in your own words. The ability to analyse content is needed; the content analysis method requires a researcher who is able to identify changes in the structure, sentences, and the use of policies.
10 This thesis analyses the content of Colombian Constitution of 1991, Law No. 387 of 1997, Law No. 809 of 2004, and Law No. 975 of 20051. These four different laws are important for gaining an understanding of how a democratic system works in Colombia, how the NGOs are able to participate in policymaking, and how the state reacts towards kidnapping issues in Colombia. In this thesis, I will also analyses urgent letters from an NGO to the Colombian Government. These letters are used when certain NGOs want to push and pressure the government. The letters have world-wide coverage, so that everyone can participate in writing these letters that are addressed to the Colombian President and ministries.
I am fully aware that using content analysis as a method has its disadvantages. For example, when I analyses the Colombian laws, I cannot follow up on, clarify, or discuss the documents with the authorities (Conley & Tosti-Kharas, 2014). Moreover, critical thinking is needed in content analysis, as it is important that the researcher looks beyond words. The researcher must focus on “manifest or latent content” (Graneheim & Lundman, 2004, p. 106). This thesis will focus on both, while analysing the texts that are described, I will also look at ongoing circumstances. For example, I will investigate why there is an article about impunity in Law No. 975, but not in the previous two laws; law 387 of 1997 and Law No. 809 of 2004. The Colombian Government must have their own considerations and judgments about this article, which I analyse that it related to the ongoing peace talks between the Colombian Government and the guerrilla groups. Moreover, scholars claim that content analysis is a flexible method for analysing text data because the researchers are able to compare and verify one text with another (Hsieh & Shannon, 2005).
2.2. Semi-structured interview To obtain the information necessary to answer the research question about how the NGOs exercise their influence on the Colombian Government in policymaking processes, semi- structured interviews were conducted in this study. Kidnapping is a sensitive issue in Colombia because the majority of people who have experienced it, with at least one of their family members. Hence, semi-structured interviews are needed to “understand the experiences, opinions, and complex behaviour” (Longhurst, 2009, p. 582).
1 These laws are mostly written in Spanish, I was fortunate that there are online version of these laws available in English, thus, there is a possibility that some translations from Spanish to English in the laws might not express the original meaning.
11 In total, five different interviews were conducted; each interview lasted between 45 minutes and a maximum of one hour. Some participants provided permissions to ask further questions through email if there were still things that remained unclear. Some participants in this study also provided extra information, such as newsletters, reports, an urgent letters, and other documents from their organisation. Semi-structured interview provides the opportunity to re-evaluate participants’ answers with another documents and information, especially useful when discussing sensitive issues (Barriball & While, 1994).
Due to several circumstances, some interviews in this study were conducted by a research assistant2. In total, I conducted five interviews in this study. Three interviews were conducted in Colombia with the help of a research assistant and I conducted the other two interviews in which English language was used. I also prepared the questions for these semi-structured interviews.
Moreover, there was no language barrier between the research assistant and the participants; which is important because interviewers need to put participants at ease (Longhurst, 2009). Using a language that can be understood by both the interviewer and the participants is helpful for guiding participants and making them comfortable. Using the same language will help the participants express themselves freely. It is also urged that the interviewer needs to begin the interview with easy questions about the participants. Longhurst (2009, p.581) agrees that the participants should be asked questions that they feel comfortable answering in the beginning, then the interviewer can move into more “difficult, sensitive, and thought-provoking questions” once the participants feel comfortable. Moreover, a good interviewer requires interpersonal skills and the ability to read a situation. Furthermore, in an interview, it is important to maintain the flow of questions so that participants do not feel bored or like the interviewer is pushing them. In short, semi-structure interviewing is a method that involves talking to and digging up information from people. Thus, interpersonal communication is needed in this method.
2 The research assistant is a 22 year old, student; she is an Indonesian and fluent in Spanish, English, and Indonesian. She has been living in Bogotá for almost 20 years. Spanish language was used during interviews with local NGOs in Colombia. The research assistant also helps me to translate the interview transcripts from Spanish to English.
12 2.3. Criteria for participants Semi-structured interviewing in qualitative research is the opposite of semi-structured interviewing in quantitative research because according to Longhurst (2009), he argues that for quantitative methods a random or representative sample is selected, while those who use qualitative methods aim to gain an understanding of how people experience some phenomenon. Having said that, participants in this study were selected because of their knowledge base and experience related to the research topic. Most of the participants are high ranking officials at their NGOs. They had thorough understanding both their NGOs and the research topic at the same time. Longhurst (2009) explains that there are three methods for recruiting participants for an interview, they are: by questionnaire, by advertising on paper, and through snowball sampling. The latter is a method of asking the participants if they know others who can help in the research study. In this study I used snowball sampling to recruit participants, two of the participants were recommended by another participant. The other participants were from a short study on the Internet about the NGOs’ activities. One of the disadvantages of semi-structured interviews is that they are time consuming. The research assistant and I had to find times that were suitable for participants. Sometimes, the participants cancelled or wanted to change the time of interview due to their activities with the NGOs. With regard to the criteria of the participants in this study, the participants must have represented an NGO. This means that those who participated in this study were people who were working for an NGO, so that their opinions could be based on what the NGO had done. The participants in this study consisted of five people and they all came from different NGOs and had different responsibilities in their organisations.
2.4. Ethical considerations As mentioned earlier, kidnapping is a sensitive issue in Colombia because it happens to almost every family. Moreover, for some NGOs the practice of their influence on policymaking processes is considered confidential, including their strategies for approaches to pressuring the government. Thus, confidentiality and anonymity were very important and will be protected in this study, only some personal background information will be included, and the identity of each participant will be changed. This thesis will refer to participants as A, B, C, D, and E. Moreover, the name of the NGOs who were interviewed will also be protected and will remain anonymous. The NGOs will be referred to as Paus, Impunity, Peace, End, and Viva. At the beginning of each interview, participants were informed that the
13 interview would be recorded; the participants were also able to not answer the questions. All of the participants in this study were fully aware that their identities would remain anonymous; I also welcomed the participants if they want to know the result of the interview later.
2.5. Reflection on data collection After the interviews were completed, I realised that there are some aspects of the interviews that influenced the data collection and would therefore influence the analysis of this study. Thus, it is important for a researcher to be fully aware of and honest about the things that could have influenced the data collection in this study such as biases, and objectivities (Tracy, 2010). The location of an interview can reflect and influence participants’ answers. Thus, the interviews in this study were mostly conducted in the NGOs’ offices so that the participants could feel comfortable in their surroundings. However, I am fully aware that the offices of the NGOs could have also been a disadvantage because the participants might not have felt free to express their opinions in their offices. Moreover, one interview was conducted through Skype because the participant was abroad and suggested that we conduct it online instead of waiting for him coming back.
Three interviews were conducted in Spanish in order to make the participants feel comfortable answering the questions. Thus, some translations from Spanish to English in the interview transcripts might not express the original answers. There are also three video recordings and two audio recordings of the interviews in this study. Longhurst (2009) argues that video or audio recordings can be a disadvantage for a researcher because, once the participants realise they are being taped, it might affect the way that they answer the questions. However, I did ask about the willingness of each participant to be recorded during the interview to which, they all agreed. Moreover, I realised that the presence during the interviews is important, for capturing body language, reactions, gestures, facial expressions, and the surroundings. Although the research assistant was helpful during data collection, I also realised that accepting help from a research assistant with data collection is complicated. There were moments when the research assistant and I were not on the same page and some misunderstandings occurred.
In short, the combination of content analysis and semi-structured interviews shaped my end results. I analyse the structure, words, and contents of laws with the interviews that I had.
14 During the interviews, some participants had mentioned specific laws in regards to kidnapping, hence, it is important for a researcher to review the laws that have been mentioned. I sometimes review the articles on specific laws that participants stated during the interview. The combination of two methods shaped up the end results in this thesis and the combination of two methods also demonstrates, and indicates the democratisation processes in Colombia is growing. Moreover, the theoretical framework about the democratisation processes in this thesis will be discussed in the next chapter.
3. Theoretical framework The current existing literature provides limited discussion on how democracy is linked to NGOs and the state; Mendelson & Glenn (2002), Boulding (2014), Zhou (2012), Silliman & Noble (1998), and Suleiman (2013). Much of the literature available on Colombia provides information and analyses of American policies and drugs; Bagley (1988), Livingstone (2003), Thoumi (1995), Holmes, et al. (2008), and Bruce, et al. (2010). Hence, this thesis aims to fill a gap in the literature on democracy and political influence in contemporary Colombia. Much of the existing literature; Chikurunhe (2011), Sidaway (2011), and Escobar (1992) provide a discussion on how post-colonialism and post-development theories are the most suitable theories to support the analysis of the relationship between the state and NGOs. However, there is limited existing literature available about how a democratic system is backing the political influence of NGOs on the state.
Furthermore, post-colonialism theory offers a discussion about how historical experiences contribute to the current platform of political influence and how they affect the influence of the state on the NGOs as external actors. Moreover the discussion of post-development theory influences the practice and development of NGOs roles in a society. Chikurunhe (2011) argues that the decision for bottom up development raises various questions on how political dynamics including political influences are “being mediated through changing discourses and practices of development” (Chikurunhe, 2011). This chapter aims to bridge the gap in the literature, regarding how the democratic system plays a critical role in the political influence of NGOs on the state.
This chapter investigates how participation of NGOs in democracies shapes the influence of NGOs on policy outcomes. The aim of this chapter is to provide a discussion about the relationships between the state and the non-governmental organisations. A theoretical
15 framework is needed in order to see these relationships from the point of view of established theories, from which the research question was created. How NGOs exercise their influences and participate in domestic policy making processes, the factors that contribute to the influence of NGOs, and the factors that weaken their influence were explored. The first section of this chapter provides a discussion of NGOs in relations to its power in policymaking processes and in relations to its roles in the society as catalyst for change. The second section provides an analysis of democracy theory and describes how democracy influences NGOs’ activities in policy making processes. The third section provides a literature analysis of how democratisation in Colombia is growing large enough to allow NGOs and external actors to influence and play an important role in domestic policy making processes related to kidnapping issues in Colombia.
3.1. Non-governmental organisations (NGOs) as catalyst for change “NGOs also are potentially vehicles of democratisation... NGOs have long been active within the peace movement, and they played a pivotal role during the decades after World War II in bringing into being the international human rights regime. From at least the 1970s NGOs have been central to the international environmental movement” (Silliman & Noble, 1998, p. 7). In the 19th century, civil society was often linked to church movements, youth movements, clubs, and associations. The concept of civil society was extremely broad with each of categorization for their actions. Moreover, since the end of the Cold War the concept of political actors has consisted of two central players: state and non-state actors. The rising number of NGOs in the world has redefined their roles and purpose, along with their approaches to achieve their missions (Arts, 1998). For example, the rising number of NGOs allows them to form a larger coalition, with the consequence of NGOs having increased power to pressure the government. The definition of NGOs is broad. There is no exact definition of NGOs because there are many different explanations for NGOs and scholars have not reached full agreement; Arts (1998), Berg (2001), and Silliman & Noble (1998). Most scholars define NGOs as “groups and institutions that are entirely or largely independent of government and are characterized primarily by humanitarian or cooperative, rather than commercial, objectives” (Eerd, 2003, p. 17). Even though full agreement on the definition of NGOs has not been reached, scholars mostly agree on two of their criteria: independent and non-profit.
16 Furthermore, to be defined as an NGO, an organization must be privately set up and structured outside of the government, they should not make any profits, and should support development based on public interests (Kane, 1990). Moreover, Kane (1990) identifies some principles that NGOs should have. The first principle is autonomy of thought and action, which aims to survive and make progress in its work. Second is autonomy of action which aims for NGOs to have an independent view of their own needs and autonomy over the actions that are necessary for their work, including freedom of operation. Third is flexibility; NGOs need to have flexibility in their strategies, because every problem has its own complexity. Fourth is an on-going dialogue; NGOs need to expand their network with international organisations, state governments, and also with other NGOs by maintaining constant open communication with them (Kane, 1990, pp. 10-11). Generally, NGOs play certain roles in a community such as to provide service and empower public. Eerd (2003) defines NGOs’ role in three parts. The first part is NGOs as enablers; they play a role in the community as developers, organisers and community-based organisations. The second role is that of NGOs as mediators between the citizens and authorities. Third is NGOs as advisers, means that NGOs play their role as a watchdog organisation in order to control and comment on policy changes (Eerd, 2003). All three of the roles mentioned previously, involve all activities with the community and the government. Thus, NGOs participate actively in the political arena. Moreover, NGOs mainly have their political goals and aim to achieve them collectively (Berg, 2001). What are the goals of NGOs? Why do NGOs exist? Schuurman & Heer (1992) argue that the existence of NGOs is caused by the absence of political parties in a country. “The absence of political party denies social actors in political platform to be able to communicate to the state, thus NGOs took over this representative role” (Schuurman & Heer, 1992, p. 50). Moreover, Schuurman and Heer (1992) explain that NGOs do not aim to exchange roles with actors in politics; rather they aim to support them. Moreover, a direct effect of NGOs on democracy is inevitable because the majority of NGOs are directly related to the government’s work. According to Kamat (2004), the rise in the number of NGOs led to a transformation in political actor merely because NGOs offer a new bottom up model where people recognise them as a “primary catalysts of change rather than experts from large bureaucratic institutions (including the state)” (Kamat, 2004, p. 155). Furthermore because of the claim that NGOs are the primary catalysts of change, Kamat (2004) sees NGOs as “de facto agents of democracy” (Kamat, 2004, p. 156) and considers them an emerging civil society that can further engage with the state. NGOs’ roles as
17 watchdog organisations and their ability to give recommendations to the state are two examples of how NGOs, as an emerging civil society, can further engage with the state. Moreover, NGOs have obtained legal status to participate in certain matters in a country, they may observe, give recommendations to, contribute to critiques, and deliver ideas. By having to work closely with the government, NGOs are able to lobby the government in meetings, negotiations, or through recommendations. This formal access to the government in a democratic system shows us that NGOs can influence the government in policymaking processes. The above paragraphs have mentioned political influence many times, but what is political influence? And how does it affect the policy in a country? I define political influence as the influence that an individual/a group has towards the policymakers/running government in a country. NGOs’ frequent interactions with citizens and the government are considered interactions in a political arena, which leads to an argument that every strategy, decision, and practice that NGOs use to the government can be explained as the political participation of NGOs in a country. Moreover, in order to achieve their goals, NGOs often use their influence in political participation processes. The political influence of NGOs on local politics takes many forms, and pressure in policy making processes is an example. “The concept of NGOs as pressure groups can be defined as organised groups of people who seek to influence political decisions. They have capacity and desire to influence the course of domestic and international politics… the approach in policymaking refers to efforts of NGOs inside political arenas to directly affect policy and decision making, whereas the protests cover indirect strategies of NGOs outside formal arenas to change policies” (Arts, 1998, p. 49). Approaches that NGOs use in a political arena are essential for strong-democracy forces. From my point of view, Arts’ definition of NGOs is limited; it covers the advocacy NGOs that work to influence the government. Arts’ definition of NGOs is not applicable for grassroots NGOs that work directly with citizens because grassroots NGOs often offer assistance instead of seek to influence political decision. Moreover, NGOs’ participation in a political arena is important for the emergence of NGOs in a democratic regime.
3.2. The idea of democracy is to participate “Democracy is not an alternative to other principles of associated life. It is the idea of community life itself. Strong democracy is a distinctively modern form of participatory
18 democracy. It rests on the idea of self-governing community of citizens” (Barber, 2003, p. 117)
“My democratic creed is based on the principle that there is not and cannot be a universal formula for democracy applicable to all countries and peoples. Democracy should ripen internally in the depth of society itself, and correspond to the historical practice and experience of a country. It should organically integrate into conscience of people and only in this way will it take firm root in the public conscience” (Askar Akayev-Kyrgyz President at Harvard University speech, 2004) quoted from (Petric & Blundo, 2012).
There exists a famous expression about democracy, which states that democracy is the government of the people, by the people. Who belongs to democracy? How should democracy be practiced? Who can participate in democracy? These questions keep coming up in the discussion of democracy and its system, and they could lead to a discussion about how democracy should be organised. As what Akayev (2004) stated above, there is no universal formula for democracy which applicable for all countries and peoples. The practice of democracy is different in each country and struggles and transformations in democracy are a never ending process. I believe that to achieve a mature democracy, a country needs two principles: communicative strategies in delivering political agendas and active citizenship. To measure the strength of a democratic system, we can examine the extent to which politics happen by, and not to, the citizens (Barber, 2003). In his book ‘Polyarchy’, Dahl (1971) analyses three transformations of democracy. First transformation is that the transformation of hegemonies and competitive oligarchies into near-polyarchies. Second transformation is that the transformation of near-polyarchies into full polyarchies, and third transformation is full polyarchy (Dahl, 1971, p. 10).
Moreover, many countries in Latin America, including Colombia, have successfully passed the first transformation; it ends during the fall of the military regime and it is arguable that many countries in Latin America are now facing the second transformation: near- polyarchies. This means that the state is legally independent within a growing/emerging/developing democratic system. However, the building of democratic legitimacy has not necessarily been followed by parallel democratic performances (Peruzzotti & Selee, 2009). I argue that democratic legitimacy is defined as written and established law, within a country where democratic performances more on the implementation of established
19 law into actions. Participant B and C (2015) both agree and argue that when it comes to kidnapping in Colombia, it was not the law but instead, there are big problem in practice.
The growing dissatisfaction of constituents with their leaders has opened a new political phenomenon. It is shifting the public’s trust towards political actors, which aimed for institutional betterment. Dahl (1971) argues that democracy needs continuous responsiveness of the government to the preferences of its citizens. At the same time, he proposes that quality of democracy is also marked by its responsiveness to all of the citizens. This discussion is linked to the research question in this thesis because it aims to investigate how the influence of NGOs can actually weigh in on the government’s policies in the democratic system. The shift in the political approach of the democratic system, from a top-down approach to bottom- up approach, triggered citizens’ responsiveness to and participation with the government. NGOs’ participation in the political arena often focuses on delivering public interests, while at the same time assisting the public with participation in politics (Peruzzotti & Selee, 2009). Dual functions of NGOs play important roles, once an NGO plays a role as an advocacy group; it is able to maintain its relationships with the government. On the other hand, while NGOs play a role as grass-roots organisations, “they are often regarded as representing the interests of the people, to the greatest extent possible” (Kamat, 2004, p. 159).
Furthermore, I understand that democracy is a two ways process that requires active citizens and a responsive government. “Increasing decentralization and expanding citizen participation are the keys to ensuring democratic stability or deepening democracy, while for others they represent dangers to democratic stability or even the end of democracy” (Goldfrank, 2011, p. 11). The debates about NGOs’ participation in a democratic system are about whether or not the growing role of NGOs could lead to insecurity of the state, because the NGOs will replace the state as representatives of democracy. Moreover, it is arguably correct that the insecurity of the state is likely to increase when the NGOs carry interests from other states. Moreover, NGOs will not replace the state as the main actor in world politics or replace the state as representatives of democracy. However, the participation of NGOs in democratic system is reinforcing the democratisation itself.
Moreover, the second critique is that the participation of NGOs on democracy had begun to erode the national sovereignties; the comparison is obviously to the values on traditional democracies where state has supreme and absolute authority in policymaking. I observe that the participation of NGOs in political arena brings balance to power. Thus, democracy as a
20 two ways process raises the following question: Does the opportunity from the democratic state that provides political space for participation of NGOs essentially helps consolidate to better democracy?
Participation Government Citizens
Representative Figure 1:
The figure above is a short explanation of how participation in democracy works. A two way process, in which the main responsible of the government is to provide services to its citizens. At the same time, instead of being passive, the public must utilise the political space that the state has provided them to participate. I argue that in an immature, emerging, and growing democracy, the citizens are passively to participate in the given space of the government. However, democratisation in Colombia is not heading south. The NGOs in Colombia have contest and challenge the government and exercise their influence several times.
Moreover, participation in democracy requires citizens to take action in as many ways as possible, such as acting as a watchdog, involvement in policymaking processes, and casting a vote. In short, democracy is a two way process. The government is actively involved in providing services to its people, while at the same time; citizens should actively do their parts. Democracy requires an active civil society because it is through public pressure, discussion, recommendation, and involvement in politics that public goals are defined.
The third critique of participation in democracy is the lack of responsible elites’ with political power. Thus, people who engage in the policymaking processes are the ones who share collective responsibility (Whaites, 1996). Moreover, a critique about participation in democracy also comes from Kramer (1972). He argues that public involvement and participation in democracy creates a self-governing citizen. In addition, he argues that public participation in democracy must be restricted in electoral participation. Further involvement/participation of the public creates a more direct democracy, where everyone is legally responsible for the framing of policies for a group or community (Kramer, 1972).
An analysis of participatory democracy is needed to disentangle from the definition of active citizens. Active citizens are people who participate in a range of policies or
21 institutional settings (Head, 2007). I interpret citizen participation in policymaking processes as group or organisational participation, instead of individual participation. NGOs role as representative institutions for the public, in general have proven more satisfaction because of their transparency. Thus, organisational participations may be required to represent citizens in a participatory democracy (Goldfrank, 2011). Goldfrank (2011) and Head (2007) suggest a new approach of citizen engagement through active relationships between the state and the citizens and he argues that active relationships between these two parties occur through organisations and institutional forums (such as critical relationships between NGOs and the state), not individual relations to each person.
Moreover, Head (2007) states that at a national level, the participation of citizens has been linked to a growing awareness of the need to share the responsibilities of resolving complicated issues, such as human rights and the environment. Many countries in Latin America, including Colombia, are considered emerging democratic nations. Thus, the participation of individuals and groups toward government policies is needed. The discussion of participatory democracy in Latin America begins with an analysis of how democratisation in Latin America should not merely rely on good terms and functioning governance as a political institution, but also on how NGOs are able to influence the state (Leubolt, et al., 2012).
“Previously, Colombia has gone through three different regimes: sectarian regimes in the late nineteenth century through to 1953, consociational democracy from 1958 to 1974, and democracy from 1974 to the present” (Kline, 1988, p. 17). Moreover, the fall of a military regime and a progressive change into a democratic regime is a stepping stone for the rise of NGOs in many Latin American countries. In the process of democratisation, citizens are allowed to express their disapproval and dissatisfaction with the performance of the government. This dissatisfaction resulted in new methods of political movement, which aim for betterment. One of these methods is the introduction of organisations in political participation, including participation in policymaking processes. Moreover, Peruzzotti & Selee (2009) argue that the participation of public in democracy will encourage citizens to give input and suggestion to the government. The participation of institutions can be considered a process for developing democratic process in a country. Moreover, “it aims to reduce the emergence of a growing gap between citizens and political system via institutions such as NGOs” (Peruzzotti & Selee, 2009, p. 2). Moreover, Peruzzotti & Selee (2009) argue
22 that to participate in an active political movement, NGOs should develop positive and productive forms of interaction with government officials.
One of the channels used to communicate citizens’ voices is NGOs participation in the process of policymaking in domestic issues. After the fall of the military regime in Colombia, Colombian citizens began to acknowledge the contribution of NGOs, which introduced nonviolent responses towards sensitive matters, such as kidnapping. The fall of the military regimes in many Latin American countries became an opportunity for nonviolence as a tool for social change. Despite the rise in numbers of NGOs in the society, there is little understanding of nonviolence approach in social change (Zunes, et al., 1999). Non-violent confrontation is adopted to express the ideology of NGOs in delivering their practices. Thus, a nonviolent approach has become a more compelling instrument for social change in Latin America. The role of NGOs is growing; Lehmann (1990) analyses that NGOs can currently be considered fundamental intermediaries between the state and citizens. The nonviolent approach in Latin America has been developed. The development is indicated by the ability of NGOs to work closely and directly with the people in civil society through grassroots organisations (Eerd, 2003). For Latin America in general, many nonviolent approaches, developed by NGOs, played an important role in forcing a political shift from military dictatorship to democracy, such as in Brazil, Argentina, Chile, and Uruguay (Zunes, et al., 1999). Since their success in forcing a political shift, many NGOs have started campaigning in different sectors in Latin America, such as human rights and transnational justice. “When citizens realised that their participation yielded concrete results in a more responsive government, they accentuated their participation, joining or forming an organisation in order to gain greater influence” (Goldfrank, 2011, pp. 219-220).
Lehmann (1990) argues that, with the relationships between the state and NGOs, an improvement or stagnation is inevitable. “A working relation needs to be built up between NGOs and the state, even though the relationship is inevitably tense due to ideological differences and differences in style, but it is nonetheless necessary” (Lehmann, 1990, p. 200). Tense relationships between the state and NGOs are inevitable, because the participation of NGOs in policy making processes can be considered an effort to take over state functions. Pressure and improvement toward government’s policy require NGOs participation, thus the discussion of public participation is important in this matter.
23 Numerous scholars; Head (2007), Goldfrank (2011), Lehmann (1990), and Peruzzotti & Selee (2009), highlight the role of NGOs in influencing democracy in developing nations. Banks et al. (2014) for instance, they argue that NGOs programs in developing nations promote democracy through increasing community interactions, promoting social capital, and influencing voting behaviours. Robert Dahl (1971) in his book Polyarchy: Participation and Opposition, identifies that in general, participatory democracy consists of two main actions by citizens: the decision to participate and the choice of elected representatives (Dahl, 1971). He argues that at the least, the decision to participate consists of casting a ballot, but there are many other approaches through which citizens can participate in the democratic system – involvement in policy making processes, for example. The involvement of citizens in participatory democracy “places an enormous number of demands on its citizens” (Sinclair, 2012, p. 13), hence, it is arguably correct that NGOs gather social identities and social demands in form of an organisation. In a perfect democracy, each individual has equal opportunity to express what they want, sometimes individual’s influences each other to achieve collective agreements. Thus, I argue that NGOs crafting social identities that apply as an instrument in the creation of collective agreements, in form of policies. The participation of NGOs in policy making processes can be considered a growing democratisation processes in Colombia. As a result of the rise of quality institutions, “more democracy means not ever more elections or elected bodies, but more open and more transparent avenues for channelling pressure from society” (Lehmann, 1990, p. 206).
In an era of democratisation, no single actor can possess dominance over power and freedom is guaranteed among different groups. The ideology and principle of participatory democracy is to ensure that everyone is formally represented at every level – local, regional, and national (Benello & Roussopoulos, 1971). “In a participatory democracy, decision- making is the process whereby people propose, discuss, decide, plan, and implement those decisions that affect their lives. The decision-making process requires continuity, effectivity, and socially significant” (Benello & Roussopoulos, 1971, p. 5). An analysis of participatory democracy in a globalised era can lead us to a new model of participation that aims to reintroduce the concept of democracy from top down to the bottom up, which means democratic process will take a different approach to involving organisations in society, public, and private sectors that is initiated by NGOs.
Due to the rise of NGOs in the modern world, their influence on state policy is considered as one of the most important political issues in the world today (Hirata, 2002).
24 Moreover, the rise of NGOs in the modern world is important because it reflects the “decentralization and fragmentation of power once dominated by state actor” (Hirata, 2002, p. 1). In short, NGOs can be considered one of the sources of citizens’ power in the process of democratisation. The NGOs growth in Colombia surely has important implications for domestic politics, especially in the process of democratisation in Colombia and its implication in policy making processes. The rise of NGOs in Colombia may lead to rejections from the state authority, because it seems that the NGOs challenge state authority in policymaking processes. However, NGOs relations in Colombia have evolved from confrontation to cooperation, demonstrated by the number of collaborations between two parties, including the policy implementation by the Colombian Government from the pressure that NGOs put on them.
Moreover, Hirata (2002) argues that NGOs role in participatory democracy is increasing due to “political, economic, and cultural crises taking place domestically and state authority has crumbled” (Hirata, 2002, p. 3). In addition, Hirata (2002) explains that when the political, economic, and cultural crises have worsened, these situations make the society challenging state authority. The argument is coherent to the case study in Colombia, because as mentioned earlier, Colombia faces numerous organised crimes domestically; thus, the confidence of the citizens in state authority has collapsed. Furthermore, NGOs play their role by representing the interests of the people. Hence, NGOs gain their trust from the people while the trust toward the state authority declines.
Furthermore, since mainly Latin America countries had military regimes and an impression of agitation with democratisation, the way in which relationships between the Colombian Government and NGOs develop has major implications for the shape and quality of democracy as it evolves (Kirby & Cannon, 2012). It is arguably correct that globalisation contributed to changing relations between the state and the NGOs. The phenomenon of globalisation has influenced Colombian decision making processes. Globalisation has made the world flat; in a globalised era, people are interconnected. Thus, in a globalised world, where everyone is connected, it is more likely that NGOs have been influenced from international communities. Moreover, globalised world allows the NGOs to develop their organisational and political skills (Hirata, 2002).
The fundamental question in this thesis is that of whether or not the participation and involvement of NGOs in policymaking processes to prevent kidnapping promote democracy
25 practice in Colombia. Is the involvement in policymaking processes understood as political freedom to the NGOs and is it essential for democracy in Colombia? Hirata (2002) argues that public involvement in the policymaking processes is important for democratic process; as “democracy requires an active civil society and NGOs, because it is through public discussion and involvement in politics that societal goals are defined” (Hirata, 2002, p. 47). However, it value quality over quantity, meaning that quality of discussion is essential and should be taken into account. For example in Colombia, numerous discussions and collaborations between the Colombian Government and NGOs should have not overshadowed the impact and the quality of the policy implications for the Colombian people. In the end, the goals of many discussions and collaborations are created for Colombian people. The impact shall more be more powerful than the sum of its discussions.
Hirata (2002) explains that the function of NGOs is important for consolidating and maintaining democracy, NGOs are considered to bring balance to the power. Thus, NGOs are able to control the government when the abuse of power happens. This critical role may influence the result of kidnapping prevention because by being critical NGOs are able to offer institutional and policy reforms. Participating in political activities does not make NGOs a threat for political actors and NGOs are not in the same category as political parties. Although, they both have the intention to gain public support, they are different in their approach. The other difference is that NGOs need to maintain their independence from state and private sector interventions while political parties mainly involves with state and private sector projects and activities. Moreover, participatory democracy aims to develop a democratic concept with a bottom up approach, which means focusing to develop a democratic system with society and the public as the main actors (Benello & Roussopoulos, 1971).
4. Colombia: kidnap capital? “’Enforced disappearance of persons’ means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time” (ICC, 1998).
Kidnapping is a serious crime that is recognised as a crime against humanity. This is indicated in Article 7 of the Rome Statute above, which Colombia signed on 1998. Even
26 though Colombia has ratified the Rome Statute, which condemns any kidnapping practices, the number of people who get kidnapped in Colombia is still very high. Colombia is considered one of the places in the world that people will likely to get kidnapped. Why do they kidnap people? What do they want? And where does the kidnapping leads us? What has been done by the Colombian Government to prevent kidnapping to happen? What can be done to prevent kidnapping practices? This chapter analyses the aforementioned questions and kidnapping in Colombia in general. Moreover, this chapter analyses how the kidnapping practices itself illustrates policy in Colombia. This chapter will be looking at how kidnapping in Colombia provides practical insight about policymaking and illustrate the relationship between the state and the NGOs.
The definition, motives, and actors who commit kidnapping in Colombia are changing over time. Two decades ago, Colombia was well-known because of certain hurtful reputations such as their endless internal conflict between the paramilitaries groups, guerrilla groups and the government. Moreover, Colombia was and still is familiar with drug trafficking activities. Pablo Escobar was the one who took control of the drug trafficking from the mid-1970s, until early 1990s. Pablo was also responsible for kidnapping activities in Colombia at that time, including the founder of Paus, Francisco Santos Calderón. He was also the Vice President of Colombia from 2002-2010. Kidnapping was one of the reasons why the Paus was founded (A, 2015). Are the kidnapping practices still the same? I argue that Pablo’s kidnapping is different from those that are currently conducted, because Pablo kidnapped many people to put pressure on the public and the government over the amendment of the Colombian constitution in 1991 (A, 2015). Pablo and his group kidnapped Francisco and many journalists because they wanted the new constitution to prohibit the extradition of suspects in drug crimes (Graham, 1988). Participant A (2015) explains that during Pablo’s era, there was little economic interest involved in kidnappings because majority of kidnappings conducted by Escobar were for political interests. It is arguably correct that the growth in the number of kidnappings has been due to the expansion of paramilitary groups, because kidnapping is the second most important income for FARC, after drug trade (Sánchez G., 2001).
Table below consists of statistical data gathered by Gallón (2007). This table shows kidnapping cases by number; the numbers below are from hostage takings and kidnapping that were perpetrated by guerrilla groups, paramilitary groups, and common delinquents from 1990 to 2002. Why does this happen? Why do the majority of kidnappers come from these
27 groups? It is arguably because that these groups are competing for political, economic, and military control, where the state’s control and power is profoundly weak. Moreover, this competition has resulted on massive displacements, disappearances, and kidnappings (Summers, 2012).
The shift in the Colombian Constitution in 1991 did not help to reduce the number of kidnapping. It was expected to reduce the kidnapping because many articles in the constitution ensure the rights of Colombian people. The constitution clearly declares war on drugs trafficking and human rights violations. The Colombian Government guarantees the fundamental rights of its people, such as freedom. I argue that the shift in the constitution can create new hope for many Colombians, as their government guarantees the rights of its people. Moreover, the rise number of kidnapping below requires the Colombian Government to do something. The shift in its constitution is a great start for Colombia to produce effective policies for many years to come.
The new constitution in 1991 opens a new political system that allows representation of new groups in political hierarchy in Colombia. However, despite changes in the democratic regime with the new constitution in 1991, the democracy in Colombia is far from satisfactory. Moreover, after the shift in the constitution in 1991, the government issued Law No. 387 in 1997, which managed the prevention of forced displacement and offered assistance, protection, socioeconomic consolidation, and stabilization for persons internally displaced by violence in Colombia. The majority of NGOs claimed that this was a positive approach by the government, until the government amendment Law No. 387 of 1997 into Law No. 975 of 2005. Law No. 975 is known to many people as the Peace and Justice Law. The Peace and Justice Law is controversial. According to the NGOs Paus (2015) and Impunity (2015), this new law does not support the war against human rights violations, including kidnapping, and instead this law could leads to impunity for the human rights violators.
From my point of view, the Colombian Government has implemented this impunity article as a peace offering to the guerrilla groups such as FARC and ELN. I consider this impunity offer as a starting point for on-going peace talks between the Colombian Government and the guerrilla groups. The possibility of receiving impunity meant that the Colombian Government had something to offer to the guerrilla groups. Finally in 2012, FARC stopped the practice of kidnapping for ransom. Paus argues that in the last few years the number of kidnappings conducted by guerrilla groups, such as FARC and ELN, have
28 been reduced, but kidnapping by common delinquency has increased (A, 2015). This empirical insight into the Peace and Justice Law demonstrates how policymaking is closely related to the figures of kidnapping in Colombia.
Years Number of Kidnappings 1990 1282 1991 1717 1992 1320 1993 1014 1994 1293 1995 1158 1996 1608 1997 1986 1998 1609 1999 1991 2000 3706 2001 3041 2002 2963 Table 1. Hostage takings and kidnappings perpetrated by guerrilla groups, paramilitary groups, and common delinquents, 1990-2002, source: National Police, Criminology Investigation Office, quoted from (Gallón, 2007, p. 361).
Hostage-takings and kidnappings by guerilla groups, paramilitary groups, and common delinquents, 1990-2003 4000 3500 3000
2500 Hostage-takings and 2000 kidnappings by guerilla groups, paramilitary groups, 1500 and common delinquents, 1000 1990-2003 500
0
1994 1996 1991 1992 1993 1995 1997 1998 1999 2000 2001 2002 2003 1990
29 Figure 2 prepared using data from table 1
The table and figure above demonstrate that Colombia has a very high rating for kidnapping. In 2000, approximately 3700 people were kidnapped, an average of nine people missing each day. Moreover, these facts show that almost half of the kidnappings were conducted by guerrilla groups. However, participant A (2015) explains that, two decades ago, Colombian guerrilla groups, such as FARC and ELN, did not kidnap people as a form of negotiation, but they kidnapped people for economic interests. The death of Escobar has arguably changed the crime actors in Colombia. During the Escobar period, it is arguably correct that he and his group The Medellin Cartel were responsible for the majority of criminal and illegal activities in Colombia. After the death of Escobar, the criminal perpetrators became diverse. “After the death of Pablo Escobar that groups outside the law like FARC, ELN and EPL, especially FARC, and also small groups started to kidnap people as a political weapon with the objective of pressure government and negotiate with the parties to get money in return” (A, 2015).
The category and description of kidnapping in Colombia these days is also emerging. I analyse two types of kidnapping in Colombia: simple kidnapping and extortion kidnapping (A, 2015). In simple kidnapping, most of the kidnappers are looking for money and ransom. This type of kidnapping is normally accomplished by small gangs, and the money from the kidnapping is used to finance their activities. Participant A (2015) explains that sometimes these gangs work together with taxi drivers or workers in a company and household, and even sometimes with victims’ relatives. “There are families of kidnapped victims too that take part of this when they hire someone who is involved with this kind of delinquency to kidnap a member of the family or to get economic benefits” (A, 2015). The fight for child custody is also a good example of how the definition of kidnapping is evolving. I argue that a shift in Colombian law led to the transformation of kidnapping definition. As an example, “there was a law that established that simple kidnapping was related also to a particular situation in which one of the parents fight for the custody of his/her children” (A, 2015). Participant A from the NGO Paus explained that if a parent took his or her children without the authorization of the other parent, this used to be considered a simple kidnapping; that is not the case anymore. It is in fact a fight for the custody of children and not a simple kidnapping, which generated confusion when defining the term “simple kidnapping”.
30 According to NGOs, extortion kidnapping is currently preferred by guerrilla groups, because it is much easier to extort than to kidnap. Guerrilla groups call extortion practices retention. “It is a special term used by FARC and ELN to retain for a short time on the highway groups of professionals or workers who go to a countryside or to a mining area” (A, 2015). The NGO Paus has labelled this practice as extortion. The practice of kidnapping has been continually reduced while extortion practices have been gradually increased because in kidnapping practices you need to have the resources to hold the victims and the infrastructure to keep the victims alive while negotiating with the family.
Moreover, there are numerous simple kidnappings for political reasons. This type of kidnapping normally involves high ranking public officials, soccer players’ families, senators, presidential candidates, the president’s family, etc. Numerous NGOs that manage to work with the victims normally suggest what can be done. The NGOs will usually suggest that the family of the victims address an official report to the GAULA. The practice of simple kidnapping does not allow the NGOs to play a role as a negotiator between the kidnappers and the victims because the practice happens really quickly and in some cases it takes only a few hours. An international NGO that has connections to the President or high rank officials would normally issue an urgent letter, the letter is addressing to the Colombian leaders. Organisation Impunity for example, this organisation issued an urgent action letter about the attempted kidnapping of a female defender in Bogotá. She is currently seeking justice for the rape and killing of her daughter Irina del Carmen Villero Díaz by paramilitaries (Impunity, 2012).
5. NGOs ability to influence the Government “Influence is to be distinguished from power. Power means capability; it is the aggregate of political resources that are available to an actor… Power may be converted into influence, but it is not necessarily so converted at all or to its full extent”. (Cox & Jacobson, 1973, p. 3)
To answer the research question in this study about how NGOs exercise their influence on the policymaking processes of the Colombian Government with regards to kidnapping. It is important to understand how the political influence of NGOs works, especially the political influence of the human rights NGOs that are located in Colombia and the human rights NGOs that work on Colombia cases. Being familiar with NGOs can show the readers how the
31 partnership between the NGOs and the Colombian Government works. The political power of NGOs refers to the ability of NGOs to influence policy outcomes. Hence, in my study it is important to acknowledge the efforts of NGOs to influence these outcomes; the outcome can be in form of policies, efforts, actions, and activities from the Colombian Government. This thesis confirms that the continuity of actions and the effort from NGOs to offer assistance to Colombian people are essential for exercising their influence to the Colombian Government. However, it is still too early to conclude and consider that the Colombian NGOs are the new powerful actors in the political arena. The Colombian Government is still the basis and the foundation of policy-makers in Colombia.
Moreover, this chapter aims to investigate and illustrate the emerging partnership between the government and NGOs and how it affects the NGOs’ influence on the Colombian Government. Berg (2001) establishes three phases on how the NGOs exert influence on policymaking processes. The first phase is the rise of collective action. In this phase the citizens have a problem, for example kidnapping, and the public joins together to deal with the issue; thus, an NGO is born. The second phase is the development of collective action. In this phase, the members of the public that agree to participate and join together in collective action under an NGO develop strategies for how to deliver their demands. Berg (2001) refers to this phase as the mobilisation of potential in society. The third phase is the impact of collective action on policy processes, the NGOs start to use external forces to reach their goals. These external forces use intermediary actors, such as parliamentarians, political parties, mass media, public opinion, or the government directly to break the bureaucracy and influence the policymaking processes (Berg, 2001).
Moreover, the central question in this thesis is about the issue of political influence that NGOs exercise toward the government. Thus, an understanding of political influence is important. It can be determined that the actions of the government are caused by the actions of NGOs (Berg, 2001, p. 31). The political influence of NGOs will determine a government’s decisions and raise the question of whether or not the government would act in the same manner in the absence of such influence attempts. Influence in this thesis is defined by intentional actions, activities, and attempts by NGOs to impact government policies.
The growing number of NGOs in many Latin American countries is inevitable. The questions are: how and why are they growing? One can argue that the new constitution, which was established in July 1991, was a new start for the democratic regime in Colombia.
32 The new constitution is arguably strengthening participatory democracy with the NGOs as core participants. The constitution of 1991 allows Colombia to promote democratic values such as “efficiency, accountability, representativeness, and responsiveness” (Cepeda, 1998, p. 85). Moreover, Cepeda (1998) argues that the new constitution introduced progressive changes to political activities in Colombia, with participatory democracy as the main target. Participatory democracy starts a shift in political power that is characterised by the transfer of power to the citizens, which allows the public to participate directly and effectively in decisions that influence public interests. Moreover, this idea of participatory democracy has stimulated the growing number of NGOs (Kamat, 2004), including NGOs in Colombia.
Additionally, globalisation is considered the main trigger for the growing number of NGOs. Globalisation has intensified with changes in political actors, systems, and influence. The accelerated movement of people and information emphasises the unequal political and material conditions that stimulates a rise in demand for political equality among the people. The exchange of information between people across the globe permits changes and contributes to a shifting balance in the roles of the state, the market, and the civil society (Brown, et al., 2002). Moreover, Dichter (1999) argues that the rise in the number of NGOs is actually a response to the globalisation of democracy, as the growing concept of democracy is parallel to the rise in the number of NGOs.
Furthermore, the rapid growth of the NGOs in Latin America, and specifically in Colombia, are arguably influenced by the fall of the military regime post 1958. The spread of globalisation and the transitional reforms have led to increasing influence of NGOs on the development of policies and practices (Banks, et al., 2015). This analysis of NGOs is closely related to the arguments of Cook & Vinogradova (2006), Livernash (1992), Boulding (2010), Head (2007), Brittain (2007), Arts & Verschuren (1999), and Appe (2010), which argue that NGOs are often portrayed as a type of moderate society, which is necessary to develop a democratic system. Moderate, in this term defined as a balance.
NGOs are needed and are important for a democratic system to balance the power of the government. In this thesis, I argue that the presence of NGOs in a country leads to the advancement of the democratic process. NGOs indeed play an essential role as an instrument in the growth of the democratic process. The presence of NGOs in a democratic system is in line with the theoretical framework that was discussed earlier. Participant E (2015) from NGO Viva explained their participation in democratisation as a group that they were organise
33 and discuss public policies so that society able to participate in it. The discussions that arranged by Viva is believed, lead to the advancement of public participation in democratic process. I argue that these discussions are considered as political education for the citizens so that public can actively engage in political space that provided by the state. In addition, participant E (2015) said that Viva is committed to strengthening the public participation and will participate where it is possible to do political action.
Moreover, the concept of democracy in Colombia permits interactions between different actors in government. The interactions aim to improve the effectiveness and transparency in policymaking processes. Furthermore, Uvin (1998) argues that these interactions imply a forward looking partnership between the NGOs and the government in a framework of democracy and pluralism. The intensity of NGOs that participate in policymaking processes will increase the possibility that grassroots organisations’ voices will be heard. Citizens want to participate in policymaking processes, but they do not have a proper medium. Thus, the role of NGOs is fundamental, as a medium between citizens and the government. The first involvement of NGOs in domestic policymaking in Colombia was in 1994 during President Camper’s era; NGOs participated in the identification of the beneficiaries of subsidies in Colombian housing policy (Gilbert, 1998). I argue that NGOs in Colombia are currently characterised by their active involvement in public discourse. The NGOs share their goals, values, autonomy, diversity, pluralism and compassion with the victim, which in the previous chapter was labelled as a bottom up approach. Although, the NGOs are closely engaged with the public, specifically the victims, they still maintain their relationships with the Colombian Government, engaging in advocacy approaches while maintaining rapport with the public. The advocacy approach shows continuous direct dialogue and effective partnerships between NGOs and the Colombian Government, particularly when human rights violations occur in Colombia
As previously stated, the constitutional change in Colombia in early 1990 has opened up new opportunity for many NGOs to be more involved and participated in local politics, which could lead to peace and social change for the Colombian people. The new constitution recognises the role of civil society and NGOs; it mentions civil society in some articles. The government is often sceptical and suspicious of the involvement of NGOs in political issues, because the government often portrays that NGOs have their own political objectives. Brown, et al., (2002) argue that this presumption is because the NGOs are openly involved in protest actions. I argue that NGOs located in a nation that was previously ruled by an authoritarian or
34 a military regime has acquired plenty of expectations from its people. Participants from grassroots organisations like Viva, End, and Paus claim that many families of the victims of kidnapping came to their organisations before they make a report to the police. Moreover, participants from advocacy organisations like Impunity and Peace received plenty of requests from the victims to lobby overseas government to solve the domestic human right crisis in Colombia. I argue that was because of great expectations from the public to their NGOs. Moreover, the purpose of NGOs in a country with a history of a military regime, such as Colombia, is not only to exercise their influence in political decisions, but to promote social change. Uvin (1998) argues that the participation of NGOs in the political arena is necessary to have an impact on the people, as NGOs must manoeuvre in a social and political space. Moreover, I indicate that NGOs participation occur side-by-side with the growing process of the democratic system in many Latin American nations.
Moreover, McGee (2010) argues that the presence of NGOs in nations that have a background with a military regime including Colombia, has more to do with internal conflict and systematic disregard for human rights and international humanitarian law than extreme poverty, the environment, education, or even health. This means that the NGOs in Colombia were established due to human rights campaigns, not to fight other matters. Paus, as an example, is an NGO that was established by a former kidnapping victim in 1991 to support victims, gather information, and lobby for legal reform against kidnapping (Levitt & Rubio, 2000). NGOs in many Latin America nations reinforced and became the central component for the building and deepening of democracy.
From the data that I have collected about NGOs, I argue that the majority of human rights NGOs in Colombia have long been participating in the transnational justice and peace movements which will be elaborated on in another chapter in this thesis. Before I begin to analyse the participation of NGOs in the transnational justice and peace movements in Colombia, I will analyse the categories of human rights NGOs, which I found to have empirical relevance. My findings on and analysis of the category of NGOs is closely related to Cook & Vinogradova (2006) explanation of the categories of NGOs. They argue that NGOs consist of two main categories, which are NGOs as grass-roots organisations and NGOs as policy organisations. Moreover, I also argue that, in general, NGOs in Colombia consist of two main categories: NGOs that actively engage on a grassroots level and NGOs that actively engage in policy advocacy. In principle they both have the same goals but they
35 use different approaches. The table below shows the categories of NGOs in my analysis and the differences between them.
NGOs Differences - Established by former victims - Focus on helping and supporting the victims Grass-roots organisations - Generally against the government - Strong public support - National network - Established by experts such as lawyers - Focus on lobbying and advocacy to government Advocacy organisations - Generally work with the government - Strong political network - International network Table 2
The difference between my concept of NGOs and Cook & Vinogradova’s (2006) analysis is that they analysed the category of NGOs in a broader context, while I am focusing on human rights NGOs that work in Colombia. My analysis of the category of NGOs demonstrates the activities of the NGOs that I have interviewed. My analysis of the categories of NGOs reflects the activities of the NGOs that I investigated. For example, the organisation Paus, Paus is an NGO that is based in Bogotá and works on kidnapping cases. Paus was established by one of the former victims of kidnapping, and it provides services to help the victims of kidnapping in Colombia. They help the victims to recover physiologically, physically, and mentally. On the other hand, Impunity is an international organisation that works on numerous human rights issues. Impunity gains international support from many people with different backgrounds. Thus, organisations like Impunity help to fight kidnapping by providing advice and recommendations to the government. With the ample grassroots support that Paus has, they can put pressure on the government at the same time.
Public support from NGOs is expected when the state is incapable of combating the primary issues in society. The citizens’ trust in the government has declined; thus, external players such as NGOs will gain influence and are expected to rise as NGOs gain trust from the public (Benello, 1971). Moreover, Perry (1971) argues that participatory democracy must start at the local level and involve people where they work and live. Thus, the role of NGOs
36 in participatory democracy is critical. When NGOs have the power of the people in their hands, what they can do about it? How do they exercise that kind of power and influence? NGOs should have their strategies about how to use their power. The next few paragraphs will discuss the strategies that NGOs use to exercise their power and influence.
Aside from advocacy and grass-roots support, some NGOs also try to influence the public during elections. During the election, NGOs like Impunity challenge the Presidential candidates to promise and make statements about their commitment to human rights issues, such as kidnapping and extortion. Impunity aims to challenge the Presidential candidates so that the Colombian people can judge and evaluate about their Presidential candidates. Moreover, the electoral process is one of the simplest methods for practicing participatory democracy. Hence, NGOs that have robust public support will influence the public based on their preferences. The state must realise that NGOs play a direct role in electoral contests, since they have robust public trust (Silliman & Noble, 1998). By looking at the previous strategies and case studies during the election in 2014, NGOs are fully aware that the presidential candidates need public trust. NGOs are able to maintain robust public trust and support; thus, public trust becomes one of the main instruments that NGOs use to put pressure on the government. The government puts extra attention on this matter because in a democratic system, the power of the people is above all. Moreover, Mendelson & Glenn (2002) believes that the basis of sustainable democracy is a robust civil society.
There is a case study in Colombia that related to this robust civil society, it was when falsos positivos or in English it is known as false positive. False positive was a human rights violation that happened during President Uribe’s era. It was a series of murder that according to majority of participants as a scandal, where many soldiers killed the civilians and committed human rights violation in Colombia. Majority of participants agreed that was a scandal where the state should responsible for. False positive was happened before the election where President Uribe was one of the presidential candidates. Moreover, democracy allows the citizens to punish the government officials, thus, I argue that Colombian people lost their trust to President Uribe due to false positive and election was one of the instrument that public used to punish President Uribe. As a result of this punishment, President Uribe lost in the election.
Moreover, in my answer to the research questions about how the NGOs in Colombia exercise their influence on the government, we must look at the activities of the NGOs and
37 how they reflect and influence the policymaking processes of the government. In my analysis, I analyse the activities of NGOs into two main categories: public engagement and advocacy. The table below shows the activities and actions of NGOs, regarding public engagement and advocacy to the government. It provides an explanation of what the NGOs have done in order to influence the government in policymaking processes.
Categories Public Engagement Advocacy NGOs National Peace Council, Colombian Government (Police, Ministry of Seminars, Workshops, psychological Defence), USAID, REDEPAZ, CINEP, Paus and legal assistance, and consulting Universities, United Nations, Civil the citizens or companies Society Organization (OEA/OAS, COSOC, and Global Pact), and ICC. Coordinate groups, MOVICE, Peace Community of San Jose Apartado, Research, United Nations Periodic Review, EU nations, Colombian Government (Vice President, Minister of Impunity Urgent letter Justice, Minister of Internal Affairs, Minister of Defence, and Embassy of Colombia in the Hague), Personal relationship with embassy staffs, and OAS Issued two reports about kidnapping, Negotiator, Support civilians peace lobby at national level, promote peace in activists at local level, public international level via policies, Peace campaign, conflict mediation, and diplomacy closed door, Colombian change in mentality Government (Police, army officials, military), and illegal armed groups Orientation, consulting, legal advice, Academic research, discussion, psychosocial support, institutional Colectivo de Abogados Jose Alvear End strengthening to victims, political Restrepo, The Committee of Protection mobilization, public actions, social and advocacy of human rights,
38 mobilization, social pressure Gathering emerging victims, discuss Lobbying government authorities, concept of truth, justice, and victims discussions, National Constitutional Viva reparation, street pressure, Assembly, corresponding public policy, mobilization, social pressure, legal dialogues, pressure, and political mobilization Table 3
International NGOs, such as Impunity and Peace, and national NGOs, such as Paus, End, and Viva, often address their concerns through advocacy. At the same time, the local NGOs that often work with grass-roots movements, work to improve the condition of the people and communities (often the victims) through the skills and resources. Moreover, organisations like Impunity and Peace are great examples of how they can take advantage of their consultative status in the UN, they are able to define and address the issue of kidnapping in Colombia on the UN agenda. While at the same time, with the international network that they have, they are able to work to ensure that their positions are included in international decisions. The table above also shows that the majority of NGOs use dialogue and discussion as their approaches. Moreover, continuity of dialogue between two parties matters because certain NGOs, such as Paus, End, and Viva, claim that the result of intense dialogue and direct lobbying to the government, became a foundation for and the main source of policy in the newly established laws such as Victims Law and Restitution of Lands, officially known as Law 1448 and also Law 975, officially known as Law of Justice and Peace. Some articles in these two laws were previously implemented and executed by NGOs which subsequently copied by the Colombian government and finally became written laws in Colombia.
Moreover, the table below shows the objective, target, and strategy of the NGOs activities above, in their effort to influence the government’s policymaking processes. Moreover, I analyse these activities as a mutual partnership between the NGOs and the Colombian Government; this mutual partnership, in my opinion, has stimulated democratic processes through actions and engagement in advocacy for political reform regarding kidnapping policy. The concept from Arts below shows that each activity has a main objective, target, position, strategy and resources.
Public engagement Advocacy Aim - Policy change - Policy change - diplomacy
39 - To raise public support approaches - Help victims to recover - To approach individuals in Goal - Specific issue policymaking. - Public awareness - Broad issue - Demonstration - Advice - Marching - Mediation Execution - Counselling - Persuasion - Workshops Table 4
The table above shows an analysis of how NGOs’ activities work. In my analysis, both types of NGOs aim to exercise their influence to put pressure on the government using different approaches. For the public engagement type of NGOs, to apply pressure to the government, they must receive public support. To gain a public support, NGOs often provide legal services, assistance, training, and workshops to encourage people to engage in direct action at the community level. As an example, the NGO Paus often provides useful services to kidnapping victims; Paus provides useful “counselling to companies about preventions and risk management of kidnappings and extortions or provides workshops about human rights and companies or about the psychological impact of kidnapping, extortions, and threats” (Paus, 2015). According to organisation Paus, this workshop helps the victims to inspire the government to do something about the issue of kidnapping. After a long process of advocacy, the Colombian government agrees to establish a law about kidnapping victims. It was law No. 975 of 2005. One of the chapters in the aforementioned law discusses the protection and treatment to the kidnapping victims. The chapter consists of four articles, from article 37-41. The articles demonstrate that the state shall guarantee victims’ access to treatment, protection, reparation, facilitation, assistance, etc. Very similar to the treatment that grassroots NGOs provide regularly to victims.
There are some critiques that against NGOs in Colombia, for example, one of the critiques is co-optation, which accused NGOs as state’s representative to the grassroots. This approach is called the co-optation method. Co-optation is when the government supplies support to the NGOs, which means that the NGOs are no longer independent. “Co-optation is most commonly pursued by the state; for some regimes, it is the characteristic response to challenges from civil society, the creation of government-sponsored NGOs confuses public in
40 grassroots” (Brysk, 2000, p. 158). Moreover, while the NGOs are often tied to project based commitments with the government, the NGOs could arguably become less likely to criticize the government that supports them. Furthermore, participant C (2015) from NGO Peace stated that co-optation from the Colombian government is not happening because most of the NGOs in Colombia and international NGOs obtain their money from international donor instead of the donor from the Colombian government. However, participant C (2015) concerns about the possibilities of co-optation from private sectors in Colombia such as mining companies. Participant C (2015) thinks that there is a possibility that an NGO works and provides services to the companies so that NGOs can provide services to the community because the mining companies asked them to do so.
From the two different activities above, it is quite problematic to decide which activity is more effective than the other because each uses a different approach. However, Lehmann (1990) argues that change will be more effective if NGOs are mobilized to pressure the government for improvements, because a big push from a coalition of many NGOs will bring more pressure than pressure from an individual NGO. Colombia NGOs have established a coalition of human rights NGOs called Movimiento Nacional de Víctimas de Crímenes de Estado (MOVICE); in English it is known as the National Movement of Victims Against State Crime. Moreover, Bas and Verschuren (1999) argue that individuals or groups who act as pressure groups that modify the behaviour of decision makers in the political arena are not merely involve in decision making, they apply many other forms of pressure.
As I stated before in the previous chapter that there are two categories of NGOs: grassroots organisations and advocacy organisations. Grassroots organisations have strong public support while advocacy organisations have strong network within the policymakers. Thus, the collaboration these two categories of NGOs in a coalition will make the pressure to the government stronger. I argue that coalition of all the different approaches together are more effective over one approach over the other. The coalition movement, MOVICE, is important for the advancement of the human rights issues in Colombia, because more NGOs mean more opportunities for their voices to be heard by the government. Collective pressure will have a larger impact than individual pressure (Mercer, 2002). Participants D (2015) from NGO End argues that the Colombian Government saw a powerful movement that emerging demand the fulfilment of rights that were not stated in the Colombian domestic policy framework before.
41 Furthermore, Bas and Verschuren (1999) argue that pressure is different with protests and demonstrations. The concept of pressure is similar to the approach used to influence policymaking. However, I have a different and opposite argument. I argue that the activity of NGOs in protests normally occur in newly democratic political settings; while in countries that have a strong and mature democratic system, NGO activity is often linked to policymaking processes, with NGOs acting more as a partner. In Colombia, NGO Paus has been elected as a special guest at the Foundation Consejo Nacional de Paz (CNP), which is known, in English as the National Peace Council. CNP plays the role of monitoring a committee. CNP is a formal government organisation that is responsible for maintaining peace and justice. Paus was elected as a special guest is able to exercise their influence to the government policy via CNP. CNP suggests policy recommendations to the Colombian Government in regards to human rights issues in Colombia, including kidnapping.
This argument is similar to that of Boulding (2010), who argues that citizens in countries with a weak democratic system normally participate in two forms of activity: casting a ballot or voting in an election, and conducting protests on the streets for the government (Boulding, 2010). In Colombia itself, NGO End argues that social mobilisation, such as protests and demonstrations, is one of the efficient methods that force the government to generate spaces or policies concerned with issues such as kidnapping (D, 2015). In my opinion, the participation NGOs triggers a new method of democracy, from top-down democracy to bottom-up democracy. Mercer (2002) gives an example of how many countries, such as Indonesia, Philippines, and India, are emerging democratic nations. The NGOs have contributed to the fight for and transition to democracy, and have remained a significant political force since then. It proves that the NGOs are starting to take play a critical role in political arena, as a force for movement in an emerging countries.
However, the final decision in policymaking is up to the decision maker, which is still under the state authority. Thus, political influence must be practiced continuously by NGOs that regularly build close-knit relationship with policy makers. While maintaining their relationship with the government, NGOs as pressure groups can establish an international network by making statements in international forums, or act as public advocates. Then, NGOs may quietly lobby individual policy and decision makers in the corridors of diplomacy by lobbying (Arts, 1998). Organisations such as Impunity have been practicing this approach for several years; they often did back lobbying, which is direct discussion of diplomacy with the Colombian Vice President (B, 2015). Moreover, back lobbying involves approach to the
42 government officials at the embassy and at the ministries. Participant B (2015) from NGO Impunity explained that he often received heads up before the government officially announced it to the public. For example, if there are reports or documents from the Colombian government that will be announced to the public, the embassy often send the report beforehand to him. He said this was because of personal approach that he practiced to the officials.
There are different categories of influence and pressure in politics. Moreover, the concept of influence and pressure in this thesis stands for a specific approach to policymaking processes. Arts (1998) analyses pressure in political influence and refer to NGOs activities in political arenas to produce or to change policies. Moreover, NGOs’ protests refer to an approach use by NGOs to change a policy. Thus, the concept of pressure and protest is different. Pressure uses a direct approach by lobbying to the government, while protests normally occur from outside of political arena. Certain NGOs practice one of these types at a time, while few NGOs practice both types at the same time.
Legal NGOs roles Informant Control Pressure groups framework Policy Watchdog Annual reports Mobilise people recommendation institution Bridge and Cooperate with mediator in Public channel Demonstration Example mass media peace talk techniques Consultant for the state in International
international support forum Table 5
The table above demonstrates that there are several techniques that NGOs normally use to exercise their influence on the Colombian Government. Certain approaches can be used to put pressure on the government’s decisions. In general, I detected that there are four approaches that can be used to pressure the government. The first approach that NGOs normally use is working on the legal framework. For example, the NGO Paus has been elected as a special guest at the Foundation Consejo Nacional de Paz (CNP), which is known,
43 in English as the National Peace Council. CNP plays the role of monitoring a committee. CNP is a formal government organisation that is responsible for maintaining peace and justice. Paus was elected as a special guest is able to exercise their influence to the government policy via CNP. To maintain peace and justice, the CNP should recommend important points that must be discussed with high ranking officials from the government. This is an example of direct participation in a legal framework; as a guest organisation that has been invited, Paus should be able to suggest the policy that they think is best for the kidnapping issue in Colombia.
I indicate that the influence of NGOs on the government can be measured by the quantity and the continuity of pressure that the NGOs put on the government. Aside from the external power in the umbrella of a democratic system, the power that the NGOs have can be obtained from the ability of NGOs to approach the citizens. Moreover, the power of the people is a robust factor in a democratic system because it can influence the voice of the government and how people will vote in the next election. Do NGOs have the ability to influence the public vote? Yes, as long as they maintain their robust relationship with the citizens, the NGOs will be able to influence the public vote. Moreover, the facts mentioned above demonstrate that the NGOs are considered vehicles for democratisation.
The relationship between the Colombian Government and NGOs consists of some ups and downs. Thus I regard this as a flexible relationship because both parties find themselves in a process of constant reconfiguration (Lievesley, 1999). This constant reconfiguration is affected by different circumstances, such as the government’s political agenda, NGO’s independency, and international support. Despite many obstacles in their actions, Paus realised that there has been huge changes in Colombia. Organisation Paus explains that previously, many victims were not protected under the law, and it was a serious matter. Paus was fully aware that there was serious issue that needed to be tackled. Thus Paus advised the government within the framework of CNP: “what we did was to propose a law that was approved in 2005 and consisted on guarantee many rights of kidnapping victims and families of the victim, such as letting the family with a tax-exempt while the victim was in held- captivity, and protecting the working rights of the indirect victim in which the employer must keep paying the employee for a determined period of time” (A, 2015). Moreover, the ups and downs between the state and the NGOs relations are considered critical because these kinds of relations represent a crucial element for the building of democracy. “Participatory experiences have proliferated across Latin America, marked by a great diversity in their
44 forms, expressions, qualities, and results, and producing demonstration effects so one country can learns from the experiences of others” (Dagnino, 2010).
Conflicts and disagreements in the relations between NGOs and the government are considered normal. Politics of influence in a democratic system “arises out of conflict and takes place in a realm defined by power and interest” (Barber, 2003). I am not fully in agreement with Barber’s argument because in the end NGOs and the government are aiming for the same goals, but they may have different approaches. For example during the peace talks, the Colombian government and NGOs want the same thing, which is peace. However, as a party that is dealing with guerrilla groups, the state must consider and offer few things such as impunity, exemptions, and truth commission. On the other hand, NGOs want to achieve peace with the guerrilla groups so that the Colombian people can live in peace, however, NGOs also want justice. NGOs want people who committed crime must be served their time in prison. The majority of NGOs and their methods are more idealistic, while the government and their methods are conventional, slow, and full of compromises.
On the other hand, when politics of influence in democratic systems arise out of conflict, the politics loses its purpose and it would become unnecessary if there were no conflicts (Barber, 2003). NGOs can play a role in the democratic system as an independent actor. The maturity of a democratic system can be seen from the ways that people react to conflict. A mature democracy is able to transform conflict into valuable instruments, such as citizens’ participation, civic education, and public deliberation. A mature democracy begins but does not end with conflict, “it acknowledges conflict but ultimately transforms rather than accommodates or minimizes it” (Barber, 2003, p. 135). Democratic process in Colombia appreciates and values inputs from the NGOs to the government even though it often closely related to the government’s political agenda. At times when the government’s political agenda is different from what NGOs propose, the government prefers not to listen, but they do not restrict the NGOs from expressing their opinions and providing input.
I argue that the relationship status between the state and the NGOs is normally dynamic and conditional. It means that the relationship status is always changing and involves numerous ups and downs, while conditional means that it also depends on the government regime. For example, participant A (2015) explains that President Uribe’s era was a difficult time because the President was not happy with majority of NGOs in Colombia. The President made accusations that numerous NGOs, mainly human rights NGOs, were similar to terrorist
45 groups. The President accused the NGOs of having their own agendas and asked them to remove their masks and stop being cowards (Brittain, 2007). “As they make their way through the policy stream, the goals, interests, priorities, resources, and other policy paraphernalia of the NGOs and of governments collide – sometimes in a harmony, sometimes in discord” (Appe, 2010, p. 9).
Moreover, NGOs ability to influence the government also has a side effect. Working on a sensitive issue such as kidnapping is not easy, many NGOs’ activists have received death threats and sometimes those threats have an impact on the strength and continuity of their political influence onto the Colombian Government. Participant B claims that the threats normally come from the paramilitary groups that are against with Impunity is working on. The threats are normally address to certain individuals in an NGO, and sometimes the groups threaten their families as well. The more an NGO receives the threats, the more careful they are going to be. Participant D claims that he has received six threats between October 2014 and January 2015. However, the threats normally do not normally stop the NGOs from working on their cases. The threats do not only come from paramilitary groups; Participant E claims that he is currently under threat from a military agency sector that might not be happy with what Viva is working on.
These threats are not only addressed to the NGOs’ activists, but also to the public which mainly addressed to the victims and their families. Moreover, these threats usually make the public afraid to step further. For example, if a person, a whistle-blower or a witness, is threaten he or she is often afraid to process their cases further. Even though NGOs often help them and guarantee their safety, the witness normally will dismiss the cases. Once a witness has decided that he or she will not go further with the case, the NGO has lost their ability to pressure the government. Thus, threats are challenges that NGOs face while exercising their influence to the governments, the challenges will compromise the case and NGOs influence on the government. The threats that victims or activists received show that policymaking on kidnapping also related into personal safety of individual. That being said, protection for the witnesses and victims is important to make sure that the case will be preceded. The state needs to protect the witnesses and the victims from any threats so that they can reveal the truth.
46 6. NGOs’ involvement in Colombian Government strategies to combat kidnapping “… civil society is the realm of collective, public action between the private sphere and the state. Civil society, which is voluntary and self-generating, is a domain independent of the state, although it does seek benefits, policy changes, or accountability from the state. It does not seek to gain formal power or to overthrow the state, yet is concerned with public rather than private ends” (Silliman & Noble, 1998, p. 13).
In this thesis, a Colombian Government policy about kidnapping is defined as any formal initiative taken by the Colombian Government that aims to combat kidnapping in Colombia. Such initiatives can be reports, action plans, policies, treaties, peace talks, negotiations, diplomacies, funds, military actions, or a combination of these. As I have stated in the previous chapter, NGOs that focus on advocacy play the roles of a bridge and an intermediary between what the governments should do and what the citizens want. On the other hand, grassroots NGOs that often manage to work with the citizens, can argue that they take over the responsible of the government to its citizens. For example, I analysed that organisation Paus is able to obtain trust from the Colombian people from constant and direct interactions, especially with the victims. In my opinion, trust is fundamental for person-to-person relations. Thus, the government’s effort to interact with its people without the intermediaries of NGOs is hardly successful. I argue that grassroots NGOs remain as key figure in the relationship between the government and its people in Colombia. This chapter analyses the role of NGOs in the Colombian Government strategies to combat kidnapping. This analysis is limited to four approaches that the Colombian Government uses to handle the issue of kidnapping; they are: legal frameworks, institutions, peace talks, and international support.
6.1. Legal framework I believe that one of the key points in running the government is to have excellent policies in favour of the people, so that law enforcement can be conducted within a country. Practicing law enforcement within a nation will create peace and justice, thus, organised crimes such as kidnapping and extortion will be diminished. Since this thesis is discussing kidnapping, I argue that it is important to have decent policies in order to reduce the number of kidnappings in Colombia. The Colombian Government needs to produce an effective legal framework to prevent kidnapping. Since 1993 the officials in Colombia have issued plenty of
47 laws and regulations to stop human rights violations, such as: Law No. 387 of 1997, Law No. 809 of 2004, and Law No. 975 of 2005. What is more important than excellent policies? That is implementation. Majority of the participants argue that the quality of law in Colombia is excellent, at least in the paper. However, the implementation of these laws is complicated. It seems that the implementation of those laws are not effective because the numbers of human rights violation in the previous chapter demonstrate that there are still many of Colombian people who are in the danger of human rights violations, such as kidnapping, torture, and killing.
The process of drafting and writing a policy into a legal framework is not a simple matter. There is quite much of complexity in policymaking processes, especially with the political interests between parties in Colombia. The process of policymaking could take one to two year to be established. To issue a policy, there are steps that must be followed; approval from the ruling and majority parties is needed. Thus, the participation of NGOs in government activities is not the only thing that matters. Hypothetically speaking, if the relations between the NGOs and the government are great, they collaborate in policymaking processes, but in the end the policy still needs legislative approval there is a fifty percent chance of receiving that approval because the legislative body has their own political interests. Thus, it is important for NGOs to expand their network, relationship, and their connection to the legislative bodies so that the rules that they recommended will get an approval. For the past few years, the NGOs have maintained and exercised their influence on the government. The NGOs should also try to expand their network to the legislative body in order to pass the bill.
What have the NGOs done in this matter? Participant A from organisation Paus claims that some articles in Law 1448 of 2011, famously known as the law for the victims and the land restitution law are based on an agreement that Paus had with the Bogotá council in regards to taxes and benefits for kidnapping victims. However, other NGOs, such as Viva, also make the same claim. Participant E claims that Viva and some other NGOs started working on this project on 2008; after a while this project became the primary source of Law 1448. What have both NGOs done so the Colombian Government adopted this into law? I argue that both NGOs have maintained their relationship with the Colombian Government well. Even though there were many disagreements, they continued with the project. Both NGOs, have maintained their advocacy partnership through their own approaches.
48 6.2. Institutions To combat kidnapping in Colombia, the Colombian Government has established institutions that deal directly with the kidnappers and the victims. They are: GAULA and Fondo y Libertad. GAULA is part of the national police department and the army, GAULA consists of an expert team that specialises in kidnapping, extortion, and investigation. Participant A (2015) claims that GAULA is considered as a role model in the Latin America region because they have been invited to share their activities for combatting kidnapping in several countries in Latin America. The majority of NGOs that I interviewed have collaborated with GAULA. For an example: many family victims report their cases to NGOs, and the NGOs normally suggest making a report to GAULA so that they can start the investigation. The police or GAULA cannot start the investigation if there is no report from the family about a missing person. NGOs play a role as an intermediary between the victims and the police. However, many kidnappers threaten the family and tell them not to make a report to the police, or the victims will be in danger.
Moreover, to develop and to improve the kidnapping policy in Colombia, the Colombian Government established the National Peace Council, which is an independent organisation that recommends policies to the government. The council consists of civil society and NGOs that are concern with human rights issues. Paus is one of the members in this council; hence, the opportunity for Paus to recommend policies to the government may be greater than the other NGOs that are not involved in this council. President Santos once delivered a remark (appendix 1) in the establishment of this council; President Santos believes that this is a real opportunity to create a better Colombia through intense and thoughtful dialogue. He stated that the political participation of NGOs and civil society in this council ensure greater democratic opportunities for peace and to improve Colombia. In addition, President Santos believes that the process of improving Colombia must involve everyone; thus, the involvement of civil society and NGOs is needed. Such a statement is an affirmation of the growing democratic process in Colombia. Moreover, this council is also invited to participate in the current peace-talk between the government and the FARC.
In short, the Colombian Government strategy to prevent and combat kidnapping by creating these institutions must be appreciated. I argue that this approach as the strategy of the Colombian Government to gain trust of the Colombian people by providing better service to them. The Colombian Government through these institutions want to demonstrate the
49 presence of the state to the public. However, it will take a longer time for public to appreciate this initiative because they often disappointed by the state, false positive can play as an example of what happened lately.
6.3. Peace talk If we look back at what has happened in Colombia over the past decades, we must be aware that Colombia is the host of the longest-running guerrilla war in the northern hemisphere (Welna, 2007), and this war has evolved into an opportunity for organized crime, such as extortion, kidnapping, and drug trafficking. The establishment of peace in Colombia will reduce the number of these organised crimes. Moreover, Summers (2012), argues that the fights between the guerrillas, the government, and paramilitary groups are over economic, social, and political control in the region. In addition, these fights offer an opportunity to develop the practices of kidnapping and drug trafficking, which offer new opportunities for funding to the guerrilla groups. Thus, I argue that ongoing peace talk between the Colombian Government is important for preventing and reducing the number of kidnappings in Colombia. Ending the practices of kidnapping and drug trafficking are immensely important for ending the war. This works both ways, as ending the war will significantly reduce the practices of kidnapping. In the ongoing peace talks between the Colombian Government and the guerrilla groups, it is important to understand what the NGOs can do to help? In this sub- chapter, I aim to analyse the roles of NGOs in the peace talk process, which indirectly impact the kidnapping practices in Colombia.
I argue that the NGO participation in on-going peace talks between the Colombian Government and the guerrilla groups could form a foundation for a successful peace process. Participation of NGOs in Colombia is important today because NGOs are active in the peace process. NGOs often offer proposals and mediation, and seek balance in negotiations (Sánchez G., 2001). Moreover, NGOs that focus on advocacy normally gain international support from overseas states, the United Nations, and other international organisations. The NGOs claim that they are aware with this advantage and admit that they often use this advantage to put their pressure on the government and the guerrilla groups (while negotiating on behalf of the victims). Participant C from organisation Peace admits that their organisation has obtained and gained trust from overseas states and international organisations. Thus, organisation Peace has used this advantage several times as a strategy. A few years ago organisation Peace condemned any kidnapping practices because they are clearly stated as the
50 human rights violation. Participant C (2015) argues that because of afraid being labelled as a terrorist organisation, many guerrilla groups stop the practices of kidnapping.
As an NGO that is originally from the Netherlands, organisation Peace received support from many states in the European Union (EU); this support presents a good opportunity for organisation Peace, to exercise their influence on the Colombian Government and the guerrilla groups. “In fact that, both the FARC and the ELN were put on as a terrorist group of Europe had major impact because until then they were able to travel freely to Europe, they had their stronghold in several European countries, they were able to channel their financial resources and also do not underestimate that because guerrilla is still political organisations, for them , this is like the highest political offence, that they as guerrilla fighters, fighters for the people or stigmatize as terrorist, at the same level with Osama Bin Laden and the others, so yes, really, really, it made them really angry” (C, 2015). If their financial resources are frozen by the EU, guerrilla groups cannot finance their activities. Thus, guerrilla groups often ‘behave’ when it comes to the practice of kidnapping. Moreover, in my analysis, the role of NGOs in the peace process is essential. The government should pro-actively approach the NGOs and involve them in this peace process, because often both parties, the Colombian Government and the guerrilla groups, have trust issue with each other. Hence, it is important to invite a third party such as NGOs, scholars, or international or regional communities.
The role of NGOs and civil society during peace talks is critical. The NGOs as the representative of civil society began to participate in the peace process almost two decades ago. The stepping stone for NGOs participation during the peace talk was the talks between the NGOs and the rebel group in 1998. Their talks led to the “Gates of Heaven Accord signed between ELN and representatives of civil society, both of which dealt with the proposal of National Convention and the application of international humanitarian law” (Jaramillo, 2007, p. 107). The peace accord was signed by 80 representatives from Colombian civil society and NGOs (García-Pena, 2000). The peace accord became a turning point for NGOs and civil society in political participation in Colombia. Jaramillo (2007) argues that after the peace accord, millions of Colombians, with their ballots, ordered their next president to make NGOs and civil society the front runners for creating peace, which could result in a reduced number of kidnappings in Colombia. Under this agreement, the peace and kidnapping in Colombia is rising. Through this agreement, ELN pledged to respect international humanitarian law, condemned kidnapping and massacre. ELN agreed to stop the kidnapping of children, the elderly and pregnant women – although most of the group’s abduction targets
51 have been middle-aged men (Johnson, 1998). Moreover, the participation of NGOs, civil society and citizens in general is a growing process of a new form of social activism and participation in Colombia. The peace talks during President Samper’s era introduced a new role for NGOs in political participation. The government recognised a new role for civil society and began talking about the participation of the international community (Jaramillo, 2007); this is indeed a good sign for the advancement of a democratic system in Colombia. The table below is a list of peace talks between the Colombian Government and the guerrilla groups. There were few peace talks that NGOs were actively involved in.
Name (and Place) Date Parties La Uribe Accord (La Uribe, Meta) 28 March 1984 Betancur government, FARC Corinto Accord (Corinto, Valle) 23 August 1984 Betancur government, M19 El Hobo Accord (El Hobo, Huila) 24 August 1984 Betancur government, EPL Final Peace Accord (Santo Domingo, 9 March 1990 Barco government, M19 Cauca) Final Peace Accord (Ovejas, Sucre) 25 January 1991 Gaviria government, PRT Final Peace Accord (Bogotá, DC) 15 February 1991 Gaviria government, EPL Accord on the Agenda (Caracas, 6 June 1991 Gaviria government, CGSB Venezuela) Final Peace Accord (Bogotá, DC) 26 June 1991 Gaviria government, MAQL Final Peace Accord (Flor del Monte, 9 April 1994 Gaviria government, CRS Sucre) Draft Accord of Viana (Madrid, Spain) 9 February 1998 Samper government, ELN Gates of Heaven Accord (Mainz, 15 July 1998 Delegates civil society, ELN Germany) Agenda for Change for Peace 6 May 1999 Pastrana government, FARC (Caquetania, Caquetá) Roles for the Encounter Zone (Havana, 14 December Pastrana government, ELN Cuba) 2000 Los Pozos Accord (San Vicente del 9 February 2001 Pastrana government, FARC Caguán, Caquetá) Accord on Humanitarian Exchange 2 June 2001 Pastrana government, FARC San Fransisco de la Sombra Accord (San 5 October 2001 Pastrana government, FARC
52 Vicente del Caguán, Caquetá) 24 November Accord for Colombia (Havana, Cuba) Pastrana government, ELN 2001 Table 6. This list of peace talks were created from (Jaramillo, 2007, p. 94).
From the table above, we can see that the Gates of Heaven Accord which was signed on July 15th 1998 in Mainz, Germany by civil society and ELN. After the signing, the civil society and millions of Colombians, with their ballots, ordered their next president to make peace a top priority in their policy (Jaramillo, 2007). Moreover, the participation of NGOs in the Gates of Heaven Accord was arguably the starting point of NGOs’ to involvement in the political process in Colombia. Thus, the intermediary role of NGOs was recognised after the peace talk.
The number of kidnappings conducted by FARC, ELN, and other armed groups was discussed on the chapter four. The government is aware of this number and shows a willingness to combat the armed groups to stop kidnapping by creating legal framework to prevent kidnapping, by creating institutions that help the victims, and manage to initiate the on-going peace talks with paramilitary groups. According to an NGO called Colombia Peace, the first contact between the Colombian Government and the FARC on the current peace talk happened in October 2010, when President Santos initiated secret contacts with businessman who had a link with the FARC; this businessman was a childhood friend of one of the FARC leaders (Colombia Peace, 2015).
The armed conflict between the Colombian Government and the FARC has been happening for more than five decades. Lately, both parties agreed to start formal peace talks on November 2012, Havana, Cuba has been decided on, as a neutral country to hold the peace talk. A former FARC’s kidnapping victim, Ingrid Betancourt, once stated that “both parties needed to show consistency between their words and actions to establish trust between the Colombian Government and the FARC” (Betancourt, 2010). Moreover, Betancourt (2010) argues that the Colombian Government needs to maintain credibility during the peace talks; thus, the role of neutral actors needed. The NGOs can exercise their influence on this matter as a bridge between the conflicting parties. The NGOs must show their willingness and maintain their credibility as well, in order to be trusted as a neutral party from both of the other parties.
53 The development in ongoing talks between the Colombian Government and the paramilitary groups show us that organised crimes in Colombia belong to a complex socio- political reality that relate each other. The success of the Colombian Government in this peace talks will determine the future of Colombia. Moreover, NGOs participation is an essential factor during peace talks. After a successful peace talk in 1998, NGOs can now play a role in mediating between the government and guerrilla groups at a negotiation table. NGOs methods as a peace agent often take initiatives to establish a bridge and mediator between the conflicting parties.
Moreover, NGOs political participation can be considered a new model of conflict resolution between the Colombian Government and the guerrilla groups. Since the amendment of the Constitution in 1991, there is a misunderstanding of the concept of responsibility in Colombian society. External actors outside of government, such as journalists, scholars, NGOs, and citizens are seen as a victim instead of key player in this crisis (Gallón, 2007). The 1991 constitution, which brings Colombia into a more democratic system, should honour external players outside of government.
7. Conclusion In Conclusion, the rise in the number of NGOs in Colombia is a result of the change in the Constitution in 1991, which allowed the civil society and NGOs to participate in the political arena. The rise in the number of NGOs has redefined their role in the political arena. Strong support from the Constitution in 1991 allowed the NGOs to interfere with policymaking processes that had long been identified as the main role of the state. This is a positive sign for the development of a democratic system in an emerging nation, such as Colombia. The first formal participation of NGOs and civil society within the framework of policymaking was when NGOs signed the Gates of Heaven Accord, a peace process between the Colombian Government and ELN as the paramilitary group.
Moreover, this thesis aimed to analyse how the NGOs exercise their influence on the Colombian Government’s kidnapping policies. Kidnapping numbers in Colombia are rising and it is arguably because of the never-ending conflict between the Colombian Government, the paramilitary groups, and the guerrilla groups. These three groups are aiming for political influence in Colombia; thus, external groups such as guerrillas and paramilitary groups have
54 to obtain money to run their organisations. Hence, kidnapping is considered one of the shortest and quickest ways to obtain money.
The study described in this thesis shows the reader that there are numerous strategies and approaches that NGOs can use to exercise their influence on the Colombian Government. In short, in order to put regular pressure on the government, both grassroots and advocacy NGOs must maintain their positive relationship with the public. They can influence the government as long as the majority of the public trusts them. NGOs can acquire trust from the public as long as the NGOs are willing to give assistance and support to the citizens. Moreover, while the grassroots NGOs have strong support from the public, the advocacy NGOs are able to put pressure on government using their strong political and international networks.
Grassroots NGOs are characterised by strong public and national support, while the majority of advocacy networks have strong international support. The strategies that NGOs use to pressure the government are quite similar. From my analysis and investigation in this study, the NGOs use seminars, workshops, psychological and legal assistance, and consult the citizens or companies. Few NGOs also write letters to the President and certain ministries. NGOs that focus on advocacy sometimes work as negotiators, to support civilians and peace activists at the local level, public campaign, conflict mediation, and provide psychological assistance to the victims. Other approaches and strategies that NGOs use include: Orientation, consultation, legal advice, psychosocial support, institutional strengthening for victims, political mobilisation, public actions, social mobilisation, and social pressure. Another strategy that NGOs can use such as gathering emerging victims, discussing concept of truth, justice, and victim reparation, street pressure, mobilisation, social pressure, legal pressure, and political mobilisation. Each NGO has their own preferred approaches and in the end they are aiming at the same goals. There are no right or wrong approaches; however, there are few approaches that are more effective than the others. The majority of NGOs receive similar challenges to their approaches; the majority of NGOs that are working on human rights issue in Colombia received death threats. The threats were also received by the witnesses and their families. These threats often made the witness afraid to go further with their cases, while the activists normally would ignore the threats. These threats are not only addressed to the NGOs’ activists, but also to the public which mainly addressed to the victims and their families. Moreover, these threats usually make the public afraid to step further. Once a witness has
55 decided that he or she will not go further with the case, the NGO has lost their ability to pressure the government.
To reduce the kidnapping number in Colombia, the Colombian Government has made an effort to stop or at least to reduce the kidnapping number. The government has tried to reduce the kidnapping by creating strong, effective, and applicable policies in a legal framework. However, the critique of this effort is in terms of its significance. Few NGOs argue that Colombia is great at creating policies; however, Colombia is still very poor in terms of the application and implementation of these laws. Another effort from the Colombian Government is the creation of institutions, such as GAULA and the National Peace Council, which can help combat the kidnapping.
However, the satisfaction and the effectiveness of these groups are questionable. These groups are working more on combatting the kidnapping than preventing the kidnapping from happening in Colombia. The third action that Colombian Government has taken to prevent kidnapping is starting the peace talks and political will to end the conflict between the guerrilla groups and the paramilitary groups, and the Colombian Government. The majority of kidnapping in Colombia is conducted by guerrilla groups. Through this dialogue, there is a possibility that kidnapping practices in Colombia will be reduced immensely. Moreover, the fight against organised crime, especially kidnapping, in Colombia has occurring over many years. Local NGOs in Colombia should expand their roles and be more critical of the Colombian Government. Kidnapping has became a socio-political reality in Colombia which unravel bigger issues in organised crimes such as drugs trade and extortion, thus, it is important for the Colombian government to stop the practices of kidnapping.
56 8. Bibliography Appe, S., 2010. Toward Culturally Democratic Citizens: Nongovernmental Organisations and the State: The Case of Bogotá, Colombia. Voluntas: International Journal of Voluntary and Nonprofit Organizations, 21(1), pp. 3-21.
Arts, B., 1998. The Political Influence of Global NGOs: Case Studies on the Climate and Biodiversity Conventions. Utrecht: International Books.
Arts, B., 1998. The Political Influence of Global NGOs: Case Studies on the Climate and Biodiversity Conventions. Utrecht: International Books.
Arts, B. & Verschuren, P., 1999. Assessing Political Influence in Complex Decision-Making: An Instrument Based on Triangulation. International Political Science Review, 20(4), pp. 411-424.
Bagley, B., 1988. Colombia and the War on Drugs. Foreign Affairs, 67(1), pp. 70-92.
Banks, N., Hulme, D. & Edwards, M., 2015. NGOs, States, and Donors Revisited: Still Too Close for Comfort?. World Development, Volume 66, pp. 707-718.
Barber, B. R., 2003. Strong Democracy: Participatory Politics for A New Age. London: University of California Press, Ltd..
Barriball, K. L. & While, A., 1994. Collecting Data Using a Semi-structured Interview: A Discussion Paper. Journal of Advanced Nursing, Volume 19, pp. 328-335.
Baxter, J., 2009. Content Analysis. In: R. Kitchin & N. Thrift, eds. International Encyclopedia of Human Geography. Amsterdam: Elsevier Science, pp. 275-280.
Benello, C. G., 1971. Group Organization and Socio-Political Structure. In: C. G. Benello & D. Roussopoulos, eds. The Case for Participatory Democracy: Some Prospects for a Radical Society. New York: Grossman Publishers, pp. 37-54.
Benello, C. G. & Roussopoulos, D., 1971. Introduction. In: C. G. Benello & D. Roussopoulos, eds. The Case for Participatory Democracy: Some Prospects for a Radical Society. New York: Grossman Publishers, pp. 3-8.
Benello, C. G. & Roussopoulos, D., 1971. Introduction. In: C. G. Benello & D. Roussopoulos, eds. The Case for Participatory Democracy: Some Prospects for a Radical Society. New York: Grossman Publishers, pp. 3-8.
Berg, E. M. v. d., 2001. The Influence of Domestic NGOs on Dutch Human Rights Policy: Case Studies on South Africa, Namibia, Indonesia, and East Timor. Amsterdam: School of Human Rights Research.
Betancourt, I., 2010. Even Silence Has an End. London: Virago Press.
Boulding, C., 2014. NGOs, Political Protests, and Civil Society. New York: Cambridge University Press.
57 Boulding, C. E., 2010. NGOs and Political Participation in Weak Democracies: Subnational Evidence on Protest and Voter Turnout from Bolivia. The Journal of Politics, 72(2), pp. 456- 468.
Brittain, J. J., 2007. Government, NGOs and the Paramilitary: A Colombian Contradiction. Development, 50(1), pp. 122-127.
Brown, D. S., Brown, J. C. & Desposato, S. W., 2002. Left Turn on Green? The Unintended Consequences of International Funding for Sustainable Development in Brazil. Comparative Political Studies, pp. 814-838.
Bruce, V., Hayes, K. & Botero, J. E., 2010. Hostage Nation: Colombia's Guerilla Army and the Failed War on Drugs. New York: Alfred A. Knopf.
Brysk, A., 2000. Democratizing Civil Society in Latin America. Journal of Democracy, 11(3), pp. 151-165.
Cepeda, M. J., 1998. Democracy, State, and Society in the 1991 Constitution: The Role of the Constitutional Court. In: E. Posada-Carbó, ed. Colombia: The Politics of Reforming the State. New York: St. Martin's Press, Inc., pp. 71-96.
Chikurunhe, C., 2011. An Analysis of the Relationship Between National Association for Non-Governmental Organizations (NANGO), GROs and INGOs and the Government of Zimbabwe between 2005-2011. Amsterdam: Master Thesis University of Amsterdam.
Colombia Peace, 2015. WOLA Colombian Peace. [Online] Available at: http://colombiapeace.org/timeline2012/ [Accessed 21 04 2015].
Conley, C. & Tosti-Kharas, J., 2014. Crowdsourcing Content Analysis for Managerial Research. Management Decision, 52(4), pp. 675-688.
Constitution of Colombia, 1991. Constitution Finder. [Online] Available at: http://confinder.richmond.edu/admin/docs/colombia_const2.pdf [Accessed 08 04 2015].
Cook, L. J. & Vinogradova, E., 2006. NGOs and Social Policy-Making in Russia's Regions. Problems of Post-Communism, 53(5), pp. 28-41.
Cox, R. W. & Jacobson, H. K., 1973. The Anatomy of Influence: Decision Makin in International Organizations. New Haven: Yale University Press.
Dagnino, E., 2010. Civil Society in Latin America: Participatory Citizens or Service Providers. In: H. Moksnes & M. Melin, eds. Power to the People? (Con-) Tested Civil Society in Search of Democracy. Uppsala: Uppsala Centre for Sustainable Development, pp. 23-40.
58 Dahl, R. A., 1971. Polyarchy: Participation and Opposition. New Haven: Yale University Press.
Dichter, T. W., 1999. Globalization and Its Effects on NGOs: Efflorescence or a Blurring of Roles and Relevance?. Nonprofit and Voluntary Sector Quarterly, 28(4), pp. 38-58.
Eerd, M. v., 2003. Local Initiatives in Relocation: The State and NGOs as Partners?. Amsterdam: AGIDS.
Gallón, G., 2007. Human Rights: A Path to Democracy and Peace in Colombia. In: C. Welna & G. Gallón, eds. Peace, Democracy, and Human Rights in Colombia. Notre Dame: University of Notre Dame Press, pp. 353-414.
García-Pena, D., 2000. Colombia Journal. [Online] Available at: http://colombiajournal.org/colombia41.htm [Accessed 01 05 2015].
Gilbert, A., 1998. Colombian Housing Policy During the 1990s. In: E. Posada-Carbó, ed. Colombia: The Politics of Reforming the State. New York: St. Martin's Press, Inc., pp. 155- 184.
Goldfrank, B., 2011. Deepening Local Democracy in Latin America: Participation, Decentralization, and the Left. Pennsylvania: The Pennsylvania State University Press.
Graham, B., 1988. Columbians Stunned by Firepower, Audacity of Major Drug Traffickers; Medellin Cartel Seen Seeking to Halt Extradition Efforts, Washington: Washington Post.
Graneheim, U. & Lundman, B., 2004. Qualitative Content Analysis in Nursing Research: Concepts, Procedures, and Measures to Achieve Trustworthiness. Nurse Education Today, Volume 24, pp. 105-112.
Guáqueta, A., 2007. The Way Back in: Reintegrating Illegal Armed Groups in Colombia Then and Now. Conflict, Security, & Development, 7(3), pp. 417-456.
Head, B. W., 2007. Community Engagement: Participation on Whose Terms?. Australian Journal of Political Science, 42(3), pp. 441-454.
Hirata, K., 2002. Civil Society in Japan: The Growing Role of NGOs in Tokyo's Aid and Development Policy. New York: Palgrave Macmillan.
Holmes, J. S., Pineres, S. A. G. d. & Curtin, K. M., 2008. Guns, Drugs, and Development in Colombia. Austin: University of Texas Press.
Hsieh, H.-F. & Shannon, S. E., 2005. Three Approaches to Qualitative Content Analysis. Qualitative Health Research, 15(9), pp. 1277-1288.
ICC, 1998. International Criminal Court. [Online] Available at: http://www.icc-cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be94-
59 0a655eb30e16/0/rome_statute_english.pdf [Accessed 08 05 2015].
Impunity, 2012. Impunity International. [Online] Available at: https://www.amnesty.org/en/documents/amr23/004/2012/en/ [Accessed 08 05 2015].
Jaramillo, D. G.-P., 2007. Colombia: In Search of a New Model for Conflict Resolution. In: C. Welna & G. Gallón, eds. Peace, Democracy, and Human Rights in Colombia. Notre Dame: University of Notre Dame Press, pp. 90-131.
Johnson, T., 1998. Latin American Studies. [Online] Available at: http://www.latinamericanstudies.org/farc/peace-pact1.htm [Accessed 01 05 2015].
Kamat, S., 2004. The Privatization of Public Interest: Theorizing NGO Discourse in A Neoliberal Era. Review of International Political Economy, 11(1), pp. 155-176.
Kane, T., 1990. Grassroots Development: What Role for Voluntary Organizations?. In: Voices From Africa: NGOS and Grassroots Development. Geneva: United Nations Non- Governmental Liaison Service, pp. 9-16.
Kirby, P. & Cannon, B., 2012. Globalization, Democratization, and State-Civil Society Relations in Left-Led Latin America. In: P. Kirby & B. Cannon, eds. Civil Society and the State in Left-Led Latin America: Challenges and Limitations to Democratization. New York: Zed Books, pp. 3-18.
Kline, H. F., 1988. From Rural to Urban Society: The Transformation of Colombian Democracy. In: D. L. Herman, ed. Democracy in Latin America: Colombia and Venezuela. New York: Praeger Publishers, pp. 17-45.
Kramer, D. C., 1972. Participatory Democracy: Developing Ideals of the Political Left. Cambridge: General Learning Press.
Lehmann, D., 1990. Democracy and Development in Latin America: Economics, Politics, and Religion in the Post-War Period. Philadelphia: Temple University Press.
Leubolt, B., Romáo, W., Becker, J. & Novy, A., 2012. Re-evaluating Participatory Governance in Brazil. In: B. Cannon & P. Kirby, eds. Civil Society and the State in Left-Led Latin America: Challenges and Limitations to Democratization. New York: Zed Books, pp. 78-93.
Levitt, S. & Rubio, M., 2000. Understanding Crime in Colombia and What Can Be Done About It. Working Paper Series, Volume 20, pp. 1-42.
Lievesley, G., 1999. Democracy in Latin America: Mobilization, Power, and the Search for A New Politics. Manchester: Manchester University Press.
60 Livernash, R., 1992. The Growing Influence of NGOs in the Developing World. Environment, 34(5), pp. 12-20, 41-43.
Livingstone, G., 2003. Inside Colombia: Drugs, Democracy and War. London: Latin America Bureau.
Longhurst, R., 2009. Interviews: In-Depth, Semi-Structured. In: R. Kitchin & N. Thrift, eds. International Encyclopedia of Human Geography. Amsterdam: Elsevier Science, pp. 580-584.
Lyons, A. & Reed-Hurtado, M., 2010. Colombia: Impact of the Rome Statute and the International Criminal Court, New York: International Center for Transnational Justice.
Margarita, S., 2003. Malocas and Barracones. Tradition, Biodiversity, and Participation in the Colombian Amazon. International Social Science Journal, Volume 178, pp. 561-572.
McGee, R., 2010. An International NGO Representative in Colombia: Reflection from Practice. Development in Practice, 20(6), pp. 636-648.
McGlamry, C. G., 2012. Kidnappers Without Borders: An Epidemic in Need of Global Solutions. Georgia Journal of International & Comparative Law, 40(807), pp. 807-832.
Mendelson, S. E. & Glenn, J. K., 2002. Introduction: Transnational Networks and NGOs in Postcommunist Societies. In: S. E. Mendelson & J. K. Glenn, eds. The Power and Limits of NGOs: A Critical Look at Building Democracy in Eastern Europe and Eurasia. New York: Columbia University Press, pp. 1-28.
Mendelson, S. E. & Glenn, J. K., 2002. Introduction: Transnational Networks and NGOs in Postcommunist Societies. In: S. E. Mendelson & J. K. Glenn, eds. The Power and Limits of NGOs: A Critical Look at Building Democracy in Eastern Europe and Eurasia. New York: Columbia University Press, pp. 1-28.
Mercer, C., 2002. NGOs, Civil Society and Democratization: A critical Review of the Literature. Progress in Development Studies, 2(1), pp. 5-22.
Molleda, J.-C. & Suárez, A.-M., 2005. Challenges in Colombia for Public Relations Professionals: A Qualitative Assessment of the Economic and Political Environments. Public Relations Review, Volume 31, pp. 21-29.
Newcomer, K., Baradei, L. E. & Garcia, S., 2013. Expectations and Capacity of Performance Measurement in NGOs in the Development Context. Public Administration and Development, Volume 33, pp. 62-79.
Nylen, W. R., 2003. Participatory Democracy versus Elitist Democracy: Lessons from Brazil. New York: Palgrave Macmillan.
PAX Christi, 2001. The Kidnap Industry in Colombia: Our Business?, Utrecht: PAX Christi.
Peruzzotti, E. & Selee, A., 2009. Participatory Innovation and Representative Democracy in Latin America: The Debate over the Quality of Representation in New Democracies. In: E.
61 Peruzzotti & A. Selee, eds. Participatory Innovation and Representative Democracy in Latin America. Baltimore: The John Hopkins University Press, pp. 1-16.
Petric, B. & Blundo, G., 2012. Introduction: Good Governance and Democracy Promotion: Empirical Perspectives on Transnational Powers. In: B. Petric, ed. Democracy at Large NGOs, Political Foundations, Think Tanks, and International Organizations. Basingstoke: Palgrave Macmillan, pp. 1-24.
Roht-Arriaza, N., 2005. The Pinochet Effect. Philadelphia: University of Pennsylvania Press.
Sánchez G., G., 2001. Introduction: Problems of Violence, Prospects for Peace. In: C. Bergquist, R. Penaranda & G. Sánchez G., eds. Violence in Colombia 1990-2000: Waging War and Negotiating Peace. Wilmington: Scholarly Resources Inc., pp. 1-38.
Schuurman, F. J. & Heer, E., 1992. Social Movements and NGOs in Latin America: A Case- study of the Women's Movement in Chile. 11 ed. Nijmegen: Nijmegen Instituut voor Comparatieve Cultuur-en Ontwikkelingsstudies.
Silliman, G. S. & Noble, L. G., 1998. Citizen Movements and Philippine Democracy. In: G. S. Silliman & L. G. Noble, eds. Organizing for Democracy: NGOs, Civil Society, and the Philippine State. Honolulu: University of Hawai'i Press, pp. 280-310.
Silliman, G. S. & Noble, L. G., 1998. Introduction. In: G. S. Silliman & L. G. Noble, eds. Organizing for Democracy: NGOs, Civil Society, and the Philippine State. Silliman, G. Sydney; Noble, Lela Garner; ed. Honolulu: University of Hawai'i Press, pp. 3-25.
Sinclair, B., 2012. The Social Citizen. Chicago: The University of Chicago Press.
Suleiman, L., 2013. The NGOs and the Grand Illusions of Development and Democracy. Voluntas, Volume 24, pp. 241-261.
Summers, N., 2012. Colombia's Victims' Law: Transitional Justice in a Time of Violent Conflict?. Harvard Human Rights Journal, Volume 25, pp. 219-235.
Thoumi, F., 1995. Political Economy and Illegal Drugs in Colombia. Boulder: Lynne Rienner.
Tracy, S. J., 2010. Qualitative Quality: Eight "Big-Tent" Criteria for Excellent Qualitative Research. Qualitative Inquiry, 16(10), pp. 837-851.
Uvin, P., 1998. Aiding Violence: The Development Enterprise in Rwanda. Connecticut: Kumarian Press.
Welna, C., 2007. Colombia's Triple Challenge: Peace, Democracy, and Human Rights. In: C. Welna & G. Gallón, eds. Peace, Democracy, and Human Rights in Colombia. Notre Dame: University of Notre Dame Press, pp. 3-22.
Whaites, A., 1996. Let's Get Civil Society Straight: NGOs and Political Theory. Development in Practice, 6(3), pp. 240-244.
62 Zhou, M., 2012. Participation in International Human Rights NGOs: The Effect of Democracy and State Capacity. Social Science Research, 41(5), pp. 1254-1274.
Zunes, S., Kurtz, L. R. & Asher, S. B., 1999. Introduction of Latin America. In: S. Zunes, L. R. Kurtz & S. B. Asher, eds. Nonviolent Social Movements: A Geographical Perspective. Massachusetts: Blackwell Publishers, pp. 231-234.
63 9. Appendices
9.1. Appendix 1: Presidential remarks Remarks by President Juan Manuel Santos in the notice of the 3 National Peace Council
Bogotá, May 28 (SIG). Never before, in the half-century history of our armed internal conflict had been at such a real opportunity, so concrete, finishing this conflict through dialogue.
Never before in the processes that have been tried, we had come so far, to the point of agreeing a concrete, concise agenda of five thematic points and one of implementation, and already have agreements on the first three.
And they are not any, but of immense importance for the country, for the development of its people, for our future points: integrated rural development, political participation and the problem of illicit drugs.
We have advanced in two of the issues that the FARC cite as justification for their struggle, and a third issue that has been the fuel of conflict over recent decades and violence that has led drug trafficking.
The first point we agreed on a comprehensive rural reform to improve the living conditions of farmers and achieve a more efficient utilization and equitable land, because there poverty and inequality is concentrated.
What's important to think and work for our field that has been abandoned for centuries! And we have been doing and with the implementation of this agreement will go further, much further.
On the second point, on political participation, we agreed to ensure greater democratic opening for peacebuilding.
3 Source Presidential Speech: http://wsp.presidencia.gov.co/Prensa/2014/Mayo/Paginas/20140528_04- Palabras-del-Presidente-Juan-Manuel-Santos-en-la-convocatoria-del-Consejo-Nacional-de-Paz.aspx
64 What? Facilitating the creation of new political expressions, and promoting pluralism, tolerance, respect for differences, citizen participation, with different mechanisms than were agreed.
And the third point which closed less than two weeks means a fundamental for the country and not just for the country, for the region and the world forward, as has been said before, but now more than ever, leaders of virtually all countries, the Secretary General of the UN (Ban Ki - moon) because the world this problem is also serious and the problem of illicit drugs.
We agreed a major national program crop substitution and alternative development, treat consumption from the perspective of public health and human rights, and strengthen the fight against criminal organizations involved in drug trafficking.
He remembered, too, that the government will launch a demining program that the FARC contribute by different means and what they may be, from their perspective; of course, including all information for that clearance is effective.
We promised to step up and deal decisively combating corruption in the institutions to break definitively any relationship with this scourge.
That is an important step because the drug that has been dominated by the mafia, mafias first thing they do is penetrate institutions, and fight against this penetration and against such corruption is fundamental if we abolish the face of the scourge Colombia drug.
And the FARC, meanwhile, pledged to contribute effectively - and this is very important - through concrete actions, practices, with the final solution to the problem of illicit drugs and to end any relationship, aim for a good ending in any relationship they have had with this phenomenon.
As can be seen, substantive commitments are important, showing the extent of our progress so far.
We are certainly a historic opportunity, an opportunity that is in our hands and we cannot let loose.
It is therefore important that those who want peace beginning with the civil society in all its expressions and organizations, we contribute to the process and we endorse the process
65 because this process will only succeed if it is surrounded, if supported and promoted by the entire nation.
And also will the entire nation which approves or does not approve - that's very important consideration - the agreement resulting from the process. Because this process is Colombia and nobody else!
When I announced to Colombians in the Bureau of Havana had reached an agreement about the problem of illegal drugs, said he would convene the National Peace Council, because it is time for society to be involved in the process and especially who engages much in what comes next.
So today we are bringing together the national government, state agencies, local governments and social sectors around a common project, a project of the greatest importance, the most important of all, its peacebuilding. And we are doing through the re-launch of this Council, which was until this idle time.
We want to tune in to all sectors and all regions of the country on the need to start preparing for the implementation phase of the agreements and peacebuilding.
From today's meeting, we hope to enable -in each of the sectors called- a discussion on the role to be fulfilled by the National Peace Council is currently considering the present context, the type of process with the FARC and the substantial progress made.
In other words, we have convened to define the future all- among the National Peace Council and its role within the current process so we can enrich and channel it in the best way possible.
The National Peace Council was created at a particular time for a particular situation-other than the currently and all agreed it needs to be modified to update its composition and functions to make them appropriate to the circumstances.
Therefore, the main task that must then be this great event call is to initiate a restructuring of the Council to fit the current process and to spread awareness and to summon the different sectors-especially across regions around the objectives of the peace process.
The Government does not intend in any way to impose a new model Council. On the contrary, what we expect is to work with all sectors to define between all your futures.
66 The process of building peace must involve everyone, and for this reason were invited to this event not only the official delegates of the National Peace Council, because there are many expressions that were not even taken into account when the Council was formed in times above; Here are meeting as representatives of something that for me has been fundamental since the beginning of the process, the centre of the settlement of this conflict, who are the victims. The victims and respect for their rights must be a fundamental part of the solution to this conflict.
Are young people, are all communities, and are social movements and other sectors that were not covered in the nineties, when the Council was created, but now have a leading role in the national agenda.
They are communities of all kinds. Are the churches represented here and that's a key for the purpose of this call is constructive and positive contribution.
But before talking about the role it can play the National Peace Council, I think it is also important to say what we think should not be:
The National Peace Council should not merely be a stage built over proposals to send to Havana.
In fact, for that there are some mechanisms by which the Bureau of Conversations has collected thousands of Colombians proposals, which to date have worked quite well. And that has helped us United Nations, the National University and much I appreciate the role they have been playing.
The role of the National Peace Council must transcend discussions Havana to reflect on what comes next in the territories where there is no longer armed conflict.
The ultimate aim of the Council should be to create consensus on peace through education, through discussion, that the current government policy of peace becomes a state policy and establishes his own law setting when he says: "The policy of peace is a state policy, permanent and participatory".
The questions that remain unresolved and that the Government hopes to talk later with sectors in future revival meetings of the Council are:
67 How do we adapt to current circumstances and the current context and the process that we are conducting with the FARC?
How can we ensure that the Council enjoys greater legitimacy and representation of all social sectors?
What is the right formula for the Council to have ongoing dialogue with the regions?
What role will play in the talks with the ELN?
Those are the questions we need to answer together, and we must do it soon because as I said at the beginning, we have a historic opportunity we cannot miss.
And I want to be very clear on this: the call we launched today be understood outside the electoral and political context, because peace is much more than that, is far above all that: it is a duty, peace is an obligation and a constitutional right, and is the first aspiration, the supreme value of any civilized society.
Of course I want peace like you, like all of you present here and I'm committed to move forward with this process to effectively end a conflict that has bled us for 50 years.
But as I have said many times, that peace is not peace of Juan Manuel Santos and peace of my Government. That put this call!
Peace must be built and implemented together, with all members and sectors of civil society.
And the peace we seek must be said is beyond the silence of the guns.
We want the peace process to help meet the rights of victims, starting with the most effective protection measure and no repetition, which is precisely the end of the conflict. That is a rights approach.
However, these rights to be guaranteed require strong institutions, institutions that have real and positive presence in all regions, which we now underway not say lies-not happen, and we therefore propose to supplement the approach rights with a territorial approach.
What we are proposing is a true national participation campaign that mobilizes people everywhere, in all regions around the peacebuilding, with processes of "participatory planning" bottom-up in each and every territories.
68 What we want and here will be central role of the National Council of Paz is that among authorities and communities, is think about the characteristics and needs of the territory, we are a diverse nation of regions, regions with different cultures, their realities, and so the focus has to be territorial, but you have to give answers to these needs and do it in concert, to build plans to transform those territories.
Colombians in each region, in the most remote areas of the country feel himself feel part of the reconstruction effort.
We -and why today we are here, that all sectors of society - peasants, indigenous, Afro- descendants, entrepreneurs, universities, social organizations, the churches all sit fundamental part, an important part of the same process. Because peace is Colombians and the Colombians, and everyone can and should contribute.
And there is plenty to remember: -there will be Colombians who insist that-Colombians who ended up not endorse or final agreement reached in Havana. Will the Colombians who have the last word! Do not tire of explaining this to the country, so -of our part- we will intensify and improve the pedagogy of peace.
The government-and the National Peace Council in its moment we must help the Colombians better understand the process itself, its transparency, its relevance, its importance, its benefits, and the seriousness with which it has been advancing. And what happens now in terms of this call to this National Peace Council? I ask the office of the High Commissioner for Peace, which is the Technical Secretariat of the Council, who works at an accelerated with the various sectors in the formal definition and its delegates, as the passage for final recovery rate.
We will allocate a group of people Dedication exclusively within the office of High Commissioner for Peace, to be engaged in making these contacts every day, leading to the rapid reactivation of the National Peace Council, with a clear purpose defined, a defined functions, and to have as representative as possible.
My call today-even as President, much less as candidate-in my condition Colombian simple, a Colombian tired of war, a Colombian who dreams of leaving their children, my children, children of all us, a country at peace, is the whole society, the whole civil society, all Colombia to surround this process, this unique opportunity that we must seize.
If we do not, neither history nor future generations, forgive us.
69 I think you understand this perfectly.
Thank you very much.
9.2. Appendix 2: Colombia map4
4 Colombia map, www.mapsofworld.com , accessed on 17th of June 2015, http://www.mapsofworld.com/colombia/maps/colombia-political-map.jpg
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