Peace Insider

  • Full Text
  • Full Text PDF
  • Photo Gallery
  • About the Author
  • Contact

Sidebar: Some of the Hardest Issues to Resolve at This Juncture in Colombian Peace Process

By Steve Salisbury , Bogota, Colombia, February 23, 2016

House with FARC Slogan
Colombian Army soldier patrolling in front of a house written with FARC slogans in southwestern Colombia. © Photo by Steve Salisbury. All rights reserved.

Some of the hardest issues—which make me think that achieving an overall peace accord by the end of 2016 apparently still could be an arduous slog, despite the agreement on the United Nations and CELAC to participate in verification of an eventual bilateral cease-fire—are:

1) The FARC insists on a National Constituent Assembly (Constitutional Assembly) for ratification of an overall peace accord, saying that Pres. Santos’ planned “unilateral” plebiscite is not judicially nor politically viable as Constitutionally or practically binding, according to the current Constitution, and that the Constitutional Court could strike it down. And even if the Constitutional Court rules it constitutional, the FARC thinks that it still doesn’t give the FARC the strongest guarantees, as the FARC sees a National Constituent Assembly would. That said, Pres. Santos, as a “red-line” condition, rejects a National Constituent Assembly over fears it could turn into a Pandora’s box and put what is agreed to in the peace talks at risk. FARC leaders have told me that they can never have too many protective “guarantees” on not being extradited—one of a number of reasons why they want a National Constituent Assembly.

2) The “ending of paramilitarism” issue. In a recent El Espectador newspaper interview, the FARC’s “Pablo Catatumbo” says that not every single post-“paramilitary”/”paramilitary” individual has to be addressed, but that the government, the FARC insists, has to effectively confront and subdue the “paramilitary” phenomenon, which the FARC says continues in the BACRIM (criminal bands) and other forms. “Pablo Catatumbo” said that the government must thoroughly purge the Armed Forces and police of members supposedly linked to “paramilitarism.” The Armed Forces aren’t going to like the FARC telling them how to run their own institution and whom to purge.

3) Physical security issues. It sounds like this should be handled without making a thorn bush. But after the United Self-Defense Forces of Colombia (AUC) and other “paramilitary” groups demobilized, some 2,200 demobilized “paramilitary” members have been murdered, according to former AUC leader Freddy “El Aleman” Rincon. And the FARC remembers very bitterly the decimation of the Union Patriotica political party which it supported.

4) The form and conditions of “laying down of weapons” (“dejacion de armas”). This is still not decided, and the FARC appears to want to have some sort of putting them in a secured verified “escrow” (if that would be a word of appropriate description) before their eventual decommissioning or destruction, as part of guarantees that an overall peace accord is fulfilled.

5) How to do the gathering of FARC troops in preparation to demobilization of the FARC as a guerrilla movement? The FARC plans to continue to stay organized and mobilized as a legal, unarmed, political, social movement.

6) Resolving the so-called “salvedades”/loose ends (of partially agreed points/categories) left “in the freezer.” Some have philosophical aspects, like “economic model,” which Pres. Santos said shouldn’t be part of the peace talks, or multinational company-controlling and energy/mining issues. The FARC and many other Colombians, including former president/now Sen. Alvaro Uribe, were aghast at the recent sale of the ISAGEN mostly state-owned hydro-electric power company to a private Canadian holding company and only bidder, though Pres. Santos insists on the sale being for Colombia’s good.

7) “Simon Trinidad.” The victims’/justice agreement states that all FARC prisoners are to be released. But US justice isn’t bound by that, regarding “Simon” and other FARC members in US prisons.

8) Details in all points partially agreed. For example, how to provide social, economic and reintegration measures to FARC members returning to civilian society?

9) How to do the judicial frame-work/mechanism for the Colombian Armed Forces/police, which is to be consistent with and respectful of the Special Jurisdiction for Peace, according to the victims’/justice agreement, an item yet to be determined?

10) The uncertainty of FARC members after their laying down of arms and reintegration into civilian society. FARC leaders, mid-level commanders, and rank and file are very concerned for their future. Where are they going to work? Can they make a decent living? Would people in their cities, towns or villages reject them, some even trying to do harm to them?

Copyright © 2016, Steve Salisbury, All Rights Reserved.

<<Previous Section

Filed Under: Where Is the Colombian Peace Process Headed? Not So Fast…

About the Author:

Steve Salisbury is a private consultant with a background in media as a photojournalist, war correspondent, TV producer, analyst and commentator, covering Latin America. Read More…

Index

  • Preface
  • Introduction: Difficult Complexities Yet to Resolve, Despite Evidently Growing Optimism
  • 1) No Colombian Government-FARC Overall Peace Agreement by March 23 and No Guarantee for It in 2016
  • 2) What about Colombia’s Second-Largest Guerrilla Group, the “National Liberation Army” (ELN), in This?
  • 3) FARC Unilateral “Indefinite” Cease-Fire or Undeclared “Bilateral” Cease-Fire, and Eventual Declared Bilateral “Definitive” Cease-Fire
  • 4) Could Calls for a Military Solution Spike on Potential, New Frustrations over Prolonged Talks? What Is the Balance of Forces?
  • 5) With the Colombian State’s Overwhelming Military Superiority, Why Even Have Peace Talks with the Guerrillas?
  • 6) What Would Happen with No Peace Talks?
  • 7) Plan Colombia and the Peace Talks
  • 8) “Black-Op” Smart Bombs, FARC Decision-Making Structure
  • 9) Human Rights
  • 10) Why Is the FARC Still in Arms? Its Roots, What Does It Want?
  • 11) What about FARC Weapons? What about the Colombian Armed Forces after an Overall Peace Accord Is Signed?
  • 12) Would There Be Armed Dissident or Splinter Groups Peeling Away from the FARC after an Overall Peace Accord?
  • 13) Does the FARC See the Clock Winding Down on Pres. Santos a “Strategic Advantage”?
  • 14) Does the FARC Want to Run the Clock Out on Pres Santos and Wait for the Next President (Who Could Be Better or Worse for the FARC)?
  • 15) What Can Be Done to Keep Up Confidence in the Peace Process among Colombian Public Opinion? “Memo of Understanding” to End Conflict
  • 16) Some Things that Could Risk to Undercut Confidence in Peace Process
  • 17) Smoke-and-Mirrors Impunity or an Historic Brilliant Balance between Peace and Justice in Victims’/Justice Agreement?
  • 18) Pres. Santos Ceding Too Much or Not?
  • 19) Would Pres. Santos’ Cure Be Worse than the Malady, or The Best, Simplest Way? The Question of Ratifying an Eventual Overall Peace Accord
  • 20) Former President/Now Senator Uribe’s Possible Next Moves? The Retired Military Voice, Political Parties
  • 21) Other Questions about the Victims’/Justice Agreement
  • 22) Extradition, Cooperation on International Judicial and Security Issues
  • 23) The FARC’s “Simon Trinidad”
  • 24) A Decision Boils Down to…
  • Sidebar: Some of the Hardest Issues to Resolve at This Juncture in Colombian Peace Process

Complete Text in PDF Version

Click Here to Download >>

More On

Sidebar: Some of the Hardest Issues to Resolve at This Juncture in Colombian Peace Process

What about the FARC and extradition?

What about the FARC's "Simon Trinidad"?

Justice or impunity?

Will time run out on Pres. Santos?

A "Memo of Understanding" to End War, if March 23 "deadline" Is Missed?

Copyright © 2025, Steve Salisbury. All rights reserved · www.peaceinsider.com