Justice for Colombia Peace Monitor REPORT #02 WINTER 2018/2019 1 Justice for Colombia Peace Monitor REPORT #02 WINTER 2018/2019 A Justice for Colombia project Supported by Fórsa 2 Index Section 1 Section 4 1 Introduction 5 6 Main Advances of Implementation 14 I Renewed Executive Support for Peace Process 14 2 Recommendations 6 II Renovation of Implementation Institutions 14 III Initiation of Special Jurisdiction for Peace 15 Section 2 IV FARC Political Participation 15 3 Background 7 V Established Advances – End of Armed Conflict 15 and tripartite Collaboration I What is the Justice for Colombia Peace Monitor? 7 II What is Justice for Colombia? 7 7 Main Concerns of Implementation 16 I Challenges to the Special Jurisdiction for Peace 16 4 Details of Delegation 8 II Funding for Implementation 17 I Members of the Delegation 8 III Jesús Santrich and Legal Security for FARC Members 17 II Meetings 10 IV Comprehensive Rural Reform 18 III Locations 11 V Crop Substitution 19 VI Socioeconomic Reincorporation 20 Section 3 VII Killing of FARC Members 20 5 Introduction to the Colombian Peace Process 12 VIII Murder of Social Leaders and Human Rights Defenders 21 I Timeline of Peace Process 12 CASE STUDY: Peasant Association of Catatumbo (ASCAMCAT) 22 II Summary of the Final Agreement 13 Section 5 8 Conclusions 23 Section 1 1. Introduction This report details the conclusions from the Justice for Justice for Colombia, and the JFC Peace Monitor and Colombia (JFC) Peace Monitor delegation to Colom- all its supporters are grateful to all of the individuals, bia which took place between 15 and 21 August 2018. organisations, and institutions who made themselves available during this delegation and have expressed a The JFC Peace Monitor delegation, comprised of commitment to continue collaborating with this proj- British parliamentarians, trade union leaders, and a ect. Due to this visit coinciding with the change in gov- Northern Ireland Human Rights Commissioner visited ernment in Colombia, and unlike the previous delega- Colombia to observe the current state of implemen- tion in April 2018, it was not possible to meet officially tation of the peace agreement signed between the with Government representatives on this occasion. Colombian Government and the FARC-EP. Whilst this report highlights many of the concerns This was the second in a series of JFC Peace Mon- that were expressed during the delegation, at the itor delegations which will continue to observe same time we recognise and congratulate the sig- the implementation of the Final Peace Agreement nificant work being done on both sides of the nego- throughout 2019. tiations and across different institutions and organi- sations often in the face of incredible difficulties and This report recognises the official mechanisms that complexities to help ensure that the peace agree- exist for verification of implementation of the peace ment between the Colombian State and the FARC agreement and does not have the intention of offer- brings a sustainable peace to Colombia. We also ing an exhaustive verification of all elements of the welcome the expressions of commitment to the im- Final Peace Agreement. The objectives of the report plementation of the peace agreement from the new are to detail the principal themes that were raised Colombian Government. during the visit in terms of advances and concerns. 6 7 Section 2 2. 3. Recommendations Background Whilst these recommendations are most specifically for the Colombi- 3.I an Government and the FARC, they are also relevant for all organisa- tions and institutions involved in supporting the implementation of the What is the JFC Peace Monitor? peace agreement. In January 2018 Justice for Colombia (JFC) launched (ITUC) and several parliamentarians, created the JFC the JFC Peace Monitor with the objective of facilitat- Peace Monitor as a continuation of JFC’s work in sup- 1. Ensure the continued functioning of all institutions 6. Continue to ensure the ongoing functioning of the ing international accompaniment to the implementa- port of the Colombian peace process. and agencies working on the implementation of Regionally Focused Development Plans (PDETs) tion of the Final Peace Agreement signed between the peace deal including the implementation over- and that the 16 regional plans (the PATRs) have the Colombian Government and the FARC-EP. The JFC Peace Monitor organises and hosts regu- sight committee (CSIVI) and the National Reincor- the institutional and financial support to move lar delegations to Colombia involving Members of poration Council (CNR). from planning into action. JFC, together with the support of the Irish public Parliament and trade union leaders, with a focus on sector union Fórsa and with the backing of a signifi- monitoring the advances and challenges for the im- 2. Ensure full respect for the autonomy of the Special 7. Maintain commitment to crop substitution pro- cant number of other British and Irish trade unions, as plementation of the Peace Agreement. Jurisdiction for Peace. grams as stipulated in the Final Peace Agree- well as the International Trade Union Confederation ment and ensure that the Colombian State follows 3. Ensure that the Special Jurisdiction for Peace is through on all commitments made to coca grow- able to guarantee the rights of victims of all in- ing communities. 3.II volved in the armed conflict including the FARC, the Colombian State, and “third-party” actors. 8. Promote greater coordination between the crop What is Justice for Colombia? substitution program (PNIS) and rural reform 4. In line with the requirements of the Framework for programs. Justice for Colombia (JFC) is a London based organ- JFC has also engaged with the experience of the Implementation of the Peace Agreement, offer a isation which was set up in 2002 by the British trade South African transition to democracy, taking experts detailed breakdown in national budgets for tasks 9. Urgent measures need to be taken to provide pro- union movement to support Colombian civil society involved in that process to advise in Havana during relating to implementation. tection for social leaders and human rights de- in its defence of human rights, labour rights, peace the talks. fenders, especially those engaging with the crop and social justice. It is supported today by both the 5. Improve and accelerate the process of applying substitution and rural reform programs. British and Irish trade union movements. In March 2015 and January 2016 JFC organised two for and approving socioeconomic reincorporation ground-breaking events in the British and European projects for former FARC combatants, as well as 10. Bringing to justice by the Attorney General’s Of- JFC also works closely with Parliamentary Friends of parliaments which saw the Colombian Government providing access to land. fice of the intellectual authors of attacks against Colombia, a cross-party group of over sixty MPs. and the FARC share a public platform outside the for- social leaders, human rights defenders and mem- mal peace talks for the first time. JFC has also host- bers of the FARC. JFC has always supported efforts to reach a political- ed a number of leading Colombian peace activists in ly negotiated solution to the conflict which delivers events at Westminster, Stormont and Dublin. The JFC peace with social justice and led numerous initiatives Director was named an advisor in the peace process to support the negotiations between the Colombian in 2016 a role which continued throughout 2018. Government and the FARC-EP. JFC works with repre- sentatives of all sides of the Good Friday Agreement to harness their experience to support and strength- en the Colombian Peace Process and took several high profile cross party delegations to meet with ne- gotiators in Havana. 8 9 4. Details of Delegation 4.I Members of the delegation Tony Lloyd MP Tony Lloyd MP is a Member of the British Parliament for the Labour Party. Between 1997 and 1999 he was a Foreign Office Minister for Latin America. He has also served as Police Commissioner for Greater Manchester and the Mayor of Greater Manchester. He visited Colombia as a Minister in 1998, and with JFC in 2007 and in 2013 when he visited the FARC and Government negotiators in Havana. John McCallister John McCallister is a member of the Northern Ireland Human Rights Commission, an official human rights body in Northern Ireland. He has served as an elected Member of the Legislative Assembly and is former Deputy Leader of the Ulster Unionist Party. He has visited Colombia twice with Justice for Colombia and met with the Government and FARC negotiators in Havana. Jo Stevens MP Jo Stevens MP was elected to the British Parliament in 2015 representing Cardiff Central for the Labour Party, after 27 years as a trade union lawyer. She has served as Shadow Solicitor General, shadow Justice Minister and Shadow Secretary of State for Wales. She is Chair of the Parliamentary Friends of Colombia group of over 60 MPs. Stephen Cavalier Sally Hunt Stephen Cavalier is Chief Executive of Thompsons, the largest trade union law firm in Britain, with a focus on Sally Hunt served as President of the TUC, the British trade union centre which represents over 6 million workers. Employment Law. He has acted as an expert witness to the European Parliament and has pursued successful She is General Secretary of the University and College Union (UCU), which has 120,000 members and is the largest cases for unions to the European Court of Justice and the European Court of Human Rights. further and higher education trade union in the world. Nick Crook John Metcalfe Nick Crook is Head of International Relations at UNISON, Britian’s largest public services union with 1.3 million John Metcalfe represents Northwest England & North Wales on the Executive Committee of ASLEF, the trade members.