Extractive policies in Colombia: how do they impact on the environment and on human rights

With 4.6 million people leaving Venezuela as a result of the political and economic crisis of recent years, an unprecedented migration crisis is underway in Latin America. At a time of hostility, closure and the erection of walls, neighboring Colombia has absorbed some 1.8 million Venezuelan migrants, practicing, so far, a policy of solidarity obviously not without contradictions. The Venezuelan crisis Gone are the years of the Venezuelan economic boom, when the Caribbean country represented, according to the International Organization for Migration (IOM), one of the preferred destinations for Latin American internal migrants. The situation has reversed; now people flee from the Bolivarian Republic of Venezuela. Some 4.6 million people have done so in just a few years, and the UNHCR estimates that it will reach 6.5 million by the end of 2020, almost 20% of Venezuela’s population. The reasons for the exodus, second in the world only to that of Syria, seem obvious when one considers that the Venezuelan economy shrank by two-thirds from 2013 to 2019 and that the country has, in the last few years, entered a period of profound political, as well as economic, instability. Significantly, the Venezuelan president, Nicolás Maduro, a sustainer of Hugo Chávez’s so-called Bolivarian socialism, is not recognized by most of the international community and last year the main opposition leader Juan Guaidó proclaimed himself president in a failed attempt to seize power. The causes of the current Venezuelan situation are complex and multiple: hyperinflation, sanctions dictated by the United States, debt accumulated over the years, lack of democracy in government policies and an economic system which has been based for a long time almost exclusively on oil production; fortune and doom of the country. The geopolitical roots of a crisis are never easy to trace in Latin America, perhaps the greatest terrain of ideological clash between capitalism and socialism, historically torn apart by hoarding, corruption, and external interference. What is certain are the facts: the political-economic crisis has forced Venezuela into a condition of extreme poverty and lack of basic necessities, such as food and medicine, and the population is abandoning the country en masse. Migration to Colombia Almost 80% of Venezuelan migrants are in Latin America and the country that has absorbed the most is neighboring Colombia, on the western border of the Caribbean country, followed by Peru, Chile, Ecuador, Brazil, and Argentina. According to official data from Migración Colombia, as of December 2019 there were more than 1,771,000 Venezuelans present in the country, of which about 220,000 were minors. Unlike other South American countries, Colombia was not used to receiving migrants, on the contrary it was Colombians who emigrated in search of a better life, far from the civil war that tore the country apart for decades. Venezuela, more than any other country, has welcomed Colombian refugees, who were attracted by its past economic prosperity. Although a 2019 UNHCR report shows how, in recent years, Colombian expatriates to Venezuela have increasingly returned home, Colombia’s people historical memory has not forgotten the welcome they received. The idea of returning the favor, linked perhaps to an awareness of the inevitability of the Venezuelan migration phenomenon, has led Colombia to adopt fairly open migration policies. In 2016, for example, Special Permanence Permits (Pep) were established, allowing Venezuelan migrants to enjoy basic rights, such as access to work, health and education. These permits were even more useful due to the inability of Venezuelans to renew their documents, given the halt of diplomatic relations between Colombia and Venezuela and the subsequent closure of the embassies. Dating back to the summer of 2019 is another measure of the Colombian government praised by humanitarian organizations, namely the granting of citizenship to 24 thousand children born in Colombia to Venezuelan women, with an ex-post effect also on births that will take place in the next two years. The figures that Colombia is investing to manage the recent migratory phenomenon are high, and difficult to sustain for a country facing the consequences of a die-hard conflict. Nevertheless, mechanisms have been established at the regional level to coordinate and facilitate the legal, social, and economic inclusion of Venezuelan citizens. In fact, the governments of the Latin American countries most affected by the arrival of Venezuelans have jointly launched the Regional Humanitarian Response Plan for Refugees and Migrants 2020 (RMRP), an instrument intended to coordinate and raise funds to manage the flow of migration. A delicate balance The Colombian population initially reacted positively to the reception of Venezuelan migrants, but it seems that cases of xenophobia and stigmatization have increased in recent months. In a society like Colombia, strongly striven by the armed conflict and by a growing social stratification, Venezuelan migrants have added  themselves to the most marginalized segment of the population, the one that populates the suburbs of the big cities. According to Colombian authorities, 90% of Venezuelans in Colombia work in the informal economy. On the other hand, according to the National Administrative Department of Statistics, 47.2% of Colombians themselves work in informality and precariousness. The new emergency situation created by the COVID-19 pandemic has further complicated the situation of Venezuelan migrants. Colombian President Ivàn Duque on March 13, 2020 temporarily closed the borders to stem the spread of the new coronavirus, but the more than two thousand kilometers of border separating the two countries, in part isolated areas affected by armed conflict, are difficult to control. The risk is greater for migrants not legally registered in Colombia, about half of the nearly two million present in the territory, according to an estimate by Migración Colombia. The latter thus lack access to health care, in addition to being constantly at risk of violence, exploitation, child labor, recruitment by armed groups and trafficking. Lastly, a consequence of COVID-19, concerns groups of Venezuelan migrants who have been trying to return home in recent weeks. The quarantine measures adopted by the Colombian government, for the moment scheduled until April 27, have blocked the informal economy and some migrants, now

In the context of the civil war and the resulting transition to peace that is taking place in Colombia, women have taken on a far from marginal role. Both as protagonists and as victims of the violence, Colombian women have certainly influenced the course of the conflict, and thus have actively carved out a space, for themselves, at the peace negotiation table. This result has been achieved mainly thanks to the contribution of decades of debates and analysis on the subject carried out at a global level within the United Nations Organization. Women, peace and security The gender issue has made its way into debates on human rights and, more generally, on the sustainable development of nations in recent decades. The main international organizations have decided to adopt a gender approach in relation to the most varied areas, which until then had never specifically mentioned women. Recent studies have shown how, in the context of post-conflict reconstruction, women’s participation is significant in achieving a more stable and lasting peace. The economic and social recovery of the community also benefits from the integration of women and their political participation. To support this, tools such as the Women, Peace, and Security (WPS) Index, which measures and ranks the well-being of women in each country, are being created. Even the United Nations Security Council, in 2000, has recognized the centrality of the role of women in the reconstruction of post-conflict societies. With the establishment and approval of seven resolutions on women (dealing with peace and security) and the drafting of the recommendations of the CEDAW Committee, it creates the framework that countries must consult and adopt to achieve a sustainable and inclusive peace. Women’s participation not only ensures that the rights violated during conflict are returned to women, but also contributes to the structural transformation of society towards participatory democracy and security for all citizens. The gender approach in the Colombia peace agreement: the role of women During the decades-long conflict between the Colombian government and the FARC-EP guerrilla group, women have been protagonists in various ways. They have fought in the ranks of the revolutionary group (just think about the guerrilla “Negra Karina”, considered one of the fiercest fighters and now actively participating in the peace process). But above all, Colombian women have suffered the conflict on their skin, through sexual violence, or seeing themselves forced to flee their homes with their children. The gender issue in the conflict was not an isolated event. In fact, it is estimated that between 1958 and 2016, 54% of victims and more than half of those displaced by the conflict were women, while between 25 and 26 thousand suffered sexual violence.  In line with the recommendations of the CEDAW Committee, the end of the conflict in Colombia has become an opportunity for women victims to become peacemakers. Thus, in 2014, during the negotiations, the first gender subcommittee in a peace process was inaugurated. This specific branch of the commission is responsible for integrating specific measures to improve women’s lives into all agenda items. Formed by representatives from the national government and FARC, the subcommittee inserts women’s perspectives within the agreement itself, through the effort of 18 organizations specializing in women’s rights and in rights of the LGBT+ community, as well as 10 former guerrilla women of various nationalities and 10 sexual violence experts. As a result, since 2014, 60% of the victims who presented testimony to the commission in Havana, where the negotiations took place, have been women. The gender approach, therefore, is implemented in all parts of the peace agreement, through more than one hundred specific measures and outlining eight thematic axes. Equal access to rural property between men and women and guarantee of the rights of agricultural workers with different sexual orientation and/or gender identity are included in the Integral Rural Reform. The political and representative participation of women is guaranteed through measures to prevent the specific risks they may encounter in their work within the decision-making bodies created by the agreements. Access to truth, justice and reparation for the crimes committed during the conflict is also and especially allowed to women, who most of all have appealed to the Truth Commission. Gender victimization has been publicly acknowledged in all its modalities through the strengthening of women’s organizations and their effort towards political and social participation. Thus, the peace agreement, in its gender approach, seeks equality and universality as characteristics of the transition to peace and post-conflict Colombian society. The subcommittee acts concretely in the peace process through the allocation of resources and the regulation of the principle of alternation within autonomous parties and organs. With regards to gender-based violence, various forms of prevention and protection of women are established, as well as measures against impunity for war crimes. Through these interventions, the agreement and the commission aim at the development of a sustainable, stable, and lasting peace. The Colombian woman today Despite these remarkable steps forward against gender discrimination, women in Colombia are still not considered equal to men. In the aforementioned WPS Index, in 2019 Colombia scored 0.691 on a scale of 0 to 1 (where 1 represents the highest level of inclusion), ranking 104th in the world. Women’s political participation, hampered by insurmountable economic constraints for many, is low at all levels: from individual city halls to Congress. Moreover, the high estimates of gender-based violence shed light on a society that, despite good intentions, struggles to detach itself from its internally rooted patriarchy (or machismo).  Especially in rural areas, levels of gender insecurity remain remarkably high, surpassed only by those faced by human rights defenders, whose rates of victimization increased further during the quarantine imposed by the spread of the new coronavirus. In this context, the normalization of this type of violence is worrisome: in Colombia, a woman’s testimony against her attacker is not considered legitimate. On gender impunity, local activist Francy L. Jaramillo Piedrahita argues that: “here a man is more likely to be tried for stealing a

In Colombia, the transitional phase that sees the incessant civil war acquiesce towards peace knows an abrupt halt during 2019, just three years after the signing of the bilateral agreement. What are the new obstacles standing in the way of the peace agreement between the government and the revolutionary armed group FARC – EP? To answer this question, we need to take a step back. Colombia entered the new millennium in a situation of great instability. The guerrilla groups that rebelled against the state, which was considered non-existent in large rural areas of the country, had reached the height of their power. Chief among these armed groups were the FARC-EP (Fuerzas Armadas Revolucionarias de Colombia – Ejército del Pueblo). With the presidency of Álvaro Uribe Vélez (not coincidentally nicknamed “the warlord”), the situation was quickly reversed. His controversial counteroffensive strategies, over the course of his two terms in office, brought remarkable results including the beginning of the FARC’s decline. Since his election to the presidency in 2010, Juan Manuel Santos has begun to depart from his predecessor’s political ideas by promoting dialogue with revolutionary forces until a peace agreement is reached. The bilateral treaty addresses numerous issues considered the fundamental causes of more than 50 years of internal conflict. The document lists the various measures that, by mutual agreement, must be taken by both parties to establish peace between the government and the FARC group. However, a few months later, the end of Santos’ term of office calls into question all the efforts made until then. The election of Iván Duque Márquez, a close ally of Uribe, and his manifest intention to modify the agreement, puts former FARC combatants on notice. In addition, the events that have been making the situation in Colombia even more tense since 2019 hint at a concrete threat of a return to war. The FARC: from armed struggle to political struggle and back again First of all, the disarmament of the guerrillas, supervised by a UN commission created ad hoc, is completed by the majority of FARC members, but not by all of them. Some thousands of fighters, in fact, have refused to come to terms with the government. These never came out of the jungle and never abandoned the armed struggle. Their actions have scaled down, in parallel with the number of their members, but their existence endures the peace process. The most recent information on this subject, claims that these groups have sought refuge in Venezuela, while some speculate that they may be affiliated with other guerrilla groups such as the Ejército de Liberación Nacional (ELN). What is certain is that, due to the current circumstances of Colombian politics, the group of demobilized is growing stronger thanks also to the affiliation of those who, after embracing civilian life, have decided to return to live in the jungle as clandestine fighters. Critical issues in the peace process If implemented, the treaty could meet the demands of revolutionary groups and avoid further casualties. However, its implementation is encountering numerous obstacles, as has happened in the past in the history of the Colombian conflict. First of all, the political participation of the ex-members of the FARC has not been assured in the last elections. The new political party has had little prominence, perhaps due to the bad reputation the group has earned through the decades. More importantly, since embracing civilian life, many repentants have seen death at the hands of hit men. Now a widespread practice in Colombia; systematic assassinations of political opposition have claimed the lives of some 200 FARC members and more than 600 social leaders, indigenous tribesmen, and human rights activists since the signing of the treaty. Land cultivation and property management was the main issue that caused the outbreak and prolongation of the conflict over the decades. The Integral Rural Reform and the reconversion of lands previously used for cocaine cultivation are therefore at the core of the peace treaty. Nonetheless, implementation and financing are slow, and peasants are not benefiting at all from the new conditions. The shortcomings of the Truth Courts The issue of victims of the conflict is not being satisfactorily addressed. The frightening figures remain far-fetched, and there is speculation that the actual numbers are much higher. The Truth Commission, not being imperative with its sanctions, struggles to carry out its duties. And so, the victims remain without justice, the perpetrators unpunished and the corpses unnamed. But not only that; the greatest defect of the Integral System of Justice that has been established since the signing of the agreement is that it does not guarantee any kind of protection to those who want to testify for the truth, and the sad tradition of murders in Colombia makes this system seem like a trap for those who want to contribute to peace and justice. The circumstances listed so far make the period of dialogue and mutual concessions that characterized former President Santos’ two terms in office seem like a rip-off of Colombia’s violent rule. Instead of strengthening the foundations of peace, his successor and current president Duque directly undermines them, directing his political propaganda against the agreement with the FARC and financing it with the Fund for Peace, thus making use of international funds for electoral and personal purposes. The threat of a return to civil war in Colombia is therefore becoming more and more concrete as we move into 2019. Some encouraging signs Nevertheless, the support of the international sphere that the peace agreement with the FARC has received cannot be ignored. In addition to the UN and its Security Council, individual states have also been advocating for peace in Colombia, committing to the bilateral ceasefire and as members of the Truth Commission. In addition, there are the citizens who are showing that they have grown tired of the violence and of the systematic murder of the political opposition, which inevitably leads to the death of democracy. This part of the population, with a strong and fresh