I have previously written about the tortuous path to the creation of the Special Peace Seats, point 2 of the Peace Accord, and the risks that were being presented in its implementation. This institutional innovation was supposed to contribute to repairing the damage suffered by the victims of decades of armed conflict in Colombia, which has among its causes the deep political exclusion.
But for months there had been warnings that achieving the goal of the seats was at risk due to the presence of illegal armed groups and criminal organizations accused of all kinds of intimidation in the territories of influence of the constituencies.
Given that the government of Iván Duque did not move a finger to correct the situation, the recommendation of the Office of the United Nations High Commissioner for Human Rights, insisting that preventive measures be taken to guarantee in the special constituencies the exercise of electoral activities and political participation in an environment free of threats and all types of violence, came as no surprise. Now the results of the March 13 elections – to date 11 of the 16 seats have been confirmed – give reason to those of us who are concerned, while offering seeds of hope in some areas.
From my perspective as a lawyer and human rights defender, the most serious of the results is the election as “victims’ representatives” of people known for their closeness to paramilitaries and parapoliticians. The election of Jorge “Yoyo” Tovar, son of former paramilitary chief “Jorge 40”, one of the most brutal perpetrators of the conflict, is the most offensive example. Tovar won in the 12th constituency where a few days before the election 17 candidates resigned due to lack of guarantees. As if this were not enough of a slap in the face to his father’s victims, it is alleged that his family benefits from the lease of the Victims Unit headquarters in Cesar and that the Victims Unit campaigned for him. It smells of corruption.
Jhon Freddy Nuñez Ramos was elected for the Caguán Basin, denounced for alleged inabilities and for his closeness with parapoliticians, a fact that led to a revocation request before the National Electoral Council. Previously, Nuñez himself sued the legislative act that revived the peace seats. In Chocó, James Hermenegildo Mosquera won, a candidate denounced by victims’ organizations in the department for irregularities and for his alleged closeness to the Clan Sánchez, a political house in the department with several of its members convicted for corruption and links with paramilitaries.
In Arauca, where the brutality of the conflict demands that victims have a voice, the elected Karen Astrid Manrique Olarte is accused of being a token of the traditional Liberal Party instead of being a representative of victims. Haiver Rincón, elected for Sur de Tolima, apparently won with support from the Conservative Party, which raises concerns about his closeness to the Barreto clan in Tolima.
Thus, as highlighted by El Espectador, there are serious questions from 5 of the chosen candidates, due to the support through which they were elected, in a context in which the State did not comply with its obligation to transfer the resources destined to finance the campaigns of the candidates for the peace seats. What a disgrace!
Against this backdrop, I must highlight the results that offer some hope. Juan Pablo Salazar Rivero, elected for Alta Patía and Norte del Cauca, is a community leader who has received constant threats to his life. He was among the authors of a tutela that succeeded in stopping the forced eradication of illicit crops in several municipalities in Cauca. In Meta-Guaviare, peasant leader William Ferney Aljure Martínez defeated the political machines. And in the Naya River of the Pacific, Orlando Castillo Advíncul won, committed to the implementation of the Peace Agreement and the strengthening of Law 70 of 1993, which recognizes the collective property of Afro-Colombian communities. At least in these areas, communities with great organizational capacity triumphed in spite of everything.
The new Congress will face enormous challenges. The future of the country depends on finding a way to ensure the full implementation of the Peace Agreement. The contribution of the peace seats remains to be seen. What is certain is that it must be rigorously monitored to try to limit the damage of having allowed several seats to fall into the hands of people with ties to paramilitaries, corrupt and traditional political parties.
Originally published in: Confidencial.com
