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Tuesday, September 23, 2008

A LOOK AT LEGISLATIVE EFFORTS BY THE CENTRAL NEW YORK /CAJIBIO SISTER COMMUNITY: 2004 - 2008

 

Marylen Serna Salinas, a coordinator of the Small Farmer's Movement in Cajibío, visited Central New York in 2004, the second year of our Sister Community.  While in Syracuse we visited the offices of Senators Clinton and Schumer and Rep. James Walsh (R-25th NY).  We shared the history and mission of the relationship of Central New York (CNY) and Cajibío with their respective staff.  Marylen gave her perspectives and rationales on issues concerning her: U.S. drug eradication program; U.S. military aid to Colombia; free treade agreements.  We gave written information to the staff to share with the senators and representative.

 

Following each meeting, the Sister Community sent a letter of appreciation with  specific issue questions asked.  There was no response from these offices to our questions but a form letter thanking us for our interest was sent.  All of our representatives in Congress have supported Plan Colombia, giving the drug war as their main reason.

 

After leaving Central New York, Marylen visited Washington, DC and was accompanied to several meetings in Congressional offices by witness for Peace staff.  Marylen is an articulate speaker who knows her subjects well.  She speaks as an organizer of campesinos who has had firsthand experience of the results of U.S, foreign policy in rural Colombia.

 

In 2006 Rep James Walsh wrote a letter of support to the American Embassy in Bogotá for Cajibío's John Henry Gonzalez who had applied for a visa to visit CNY. This was successful.  John Henry also visited our local Congressional offices while he was here for two and a half weeks.  Local newspapers publicized the visits of both Marylen and John Henry. Each kept a busy schedule meeting with church groups, community organizations, organic farmers, Native American and youth groups.  There's no question that our Congressional representatives know about Central New York's relationship with Cajibío, but they've not responded to letter or visit.  Essentially they support the U.S. State Department's Colombia policy.

 

During John Henry's visit the Syracuse Common Council recognized John Henry and the Sister Community during a public meeting and passed a watered down resolution in support of the relationship.  The City Council of Ithaca had already passed a similar resolution which spoke more directly to U.S. policies in Colombia, the continuing violence there, Colombian citizens displaced internally, and the failures of the drug eradication program.  Members of the Sister Community in Ithaca later reported back to the Common Council after a delegation to Cajibío.  This report back publicizes our work and also strengthens the relationship with the City Council.  We might request their help in responding to an alert by asking them to write a letter to a government official, i.e. from one government agency to another. 

 

Since the mid-nineties CNY activists have vigorously opposed the U.S. Army's School of Americas. (Western Hemisphere Institute for Security Cooperation). Such activism is closely related to our work in Colombia.  Colombia has the largest number of SOA/WHISC graduates of any country and continues to send officers to the school for counter-insurgency training.  The SOA is a big part of U.S. foreign policy in Colombia.  When we lobby against the SOA we always speak about human rights abuses in Colombia, to connect these violations to the training all Colombian officers receive in the U.S.

 

Since our Sister Community was formed a Central New York delegation has visited Cajibío four times.  Each time we return to CNY we report to the community.  Several times we have been able to meet with our Congressional staff members.  Having been to Colombia feel we become better advocates for our positions.  Through delegations we see  and experience, if only briefly and in a privileged way, the realities of the country.  We hear firsthand the voices of the campesinos, human rights worker, labor organizers, and government officials (in Bogotá).

 

When members of the Sister community respond to alerts from Cajibío or other areas of Colombia by letters, we send copies to our Congressional representatives.  There have been times when we've asked them to call the State Department or the U.S. Embassy in Colombia about a particular incident.  We don't get reports back on these requests.  One of the most positive results from international pressure on an alert of which we were a part was the release from prison of a Cauca labor leader in Popayán three days after his arrest.  Results are not always so immediate or knowable.

 

In 2006 and 2008 CNY members of the Sister Community met with the Democratic candidate for Congress (25th NY), Dan Maffei.  A relationship has been established, our concerns about U.S. policy in Colombia have been shared, and written information has been give to the candidate.  This year Maffei has a good chance of winning and he has assured us his office door will always be open to us.

 

The Latin America Working Group (lawg@lawg.org), located in Washington, DC, is an excellent source for upcoming legislation regarding Colombia.  Its staff has written a new report, The Other Half of the Truth, which explores the opportunities for truth, justice and reparations available to victims of paramilitary violence, through the official processes established by the Colombian government.  We will send this report as well as other relevant reports to our Congressional representatives as part of our legislative work.  Much of our legislative effort is educational, e.g. trying to tell the story of the situation in Colombia from the perspective of the citizens of Colombia, the campesinos of Cajibío.

CNY/Cajibío Sister Community uses the information sent to it by CSN, Adam Isacson's reports from the Center for International Policy and the Latin America Working Group to stay-up-to-date with legislation coming up in Congress.  The LAWG website also gives reports on how Congressional representatives have voted.

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Monday, September 22, 2008

Letter from Sister Community to CSN Central New York Chapter

The original letter written in Spanish follows this translation

Dear friends from the Sister Community,
I hope that this message finds you well, with good health, energy, and joy in your family life and group activities. On our part, we are doing well, with a lot of energy to support the accelerated rhythm of our work, but thank god we are all content.
We have lots of news for you, since it has been a while since we tell you what has been happening here.
Human Rights Work
The activities that we have been doing with the victims of the massacres of La Rejoya and La Pedregosa to fight impunity and demand the reconstruction of memory surrounding human rights violations, to date are the following:

a. we have documented each one of the cases through the collection of testimonies from the relatives and from people who have offered us important information to clarify the events;

b. we have written petitions to several branches of the state with the purpose of demanding information about the legal cases and the availability of necessary information for the furtherance of these cases;

c. we are designing a juridical strategy to initiate civil lawsuits in the penal and disciplinary processes already in course;

d. we are prepared for the elaboration and presentation of the cases at the Inter-American Commission of Human Rights. The international denouncement will be presented at the end of this year;

e. we have begun the process of organizational strengthening of the group of victims and their relatives, with the purposes of: enabling them to continue pursuing truth, justice, and full reparations from the appropriate branches; facilitating the design and execution of the activities directed at the moral sanctioning of the perpetrators and the moral censure of the Colombian government for not providing the conditions for the victims to effectively exercise their rights;

f. we are developing the process of juridical and political organization to be able to demand historical memory in the struggle against impunity and forgetfulness.

For us as an organization it is very important to enable the visit of one of the delegates from the group of relatives of the victims to the US with the following objectives:

a. disseminate information about the case in different social, political, and organizational forums;

b. facilitate the process of making the international appeal/denouncement;

c. enable the prompt resolution of the case.

The group of relatives of the victims is preparing for this in different ways, with training, workshops, and local, regional and national assemblies.
However, the process of taking the cases to international forums is demanding and we have the firm conviction that November would be the month that Doña Berta could travel to talk at the Inter-American Commission and also visit NY and Georgia, if possible. This is the accord which we have reached with the group of relatives. So far, there is worry that Doña Berta travel alone, for her own sake and others. We have not reached any conclusions about this, but it has been put out there in our meeting/workshop of 13 June 2008.
Referendum for Water
With respect to this theme, we have carried out events to sensitize the population in four municipalities in the south and in the Departamento of Cauca, where Cajibio is located. The goal is to organize a regional event on this issue in July 2008 in Cauca. Also, on 19 June we are doing an avent in defense of water, natural resources, territory and life at an indigenous community of Caquiona, Almaguer, south of Cauca, where we hope there will be 1500 people from nearly 12 municipalities of the region.
The process of sensitizing and collecting signatures is already under way, with the youth and women's groups leading this effort, with a lot of conviction and hope.
Buying Lands
Well, the dream has come through. We have bought three hectares of land. The process was long since the previous owner of the land was a Colombian who lives in the US and we had to wait until he could come to Colombia to finish the deal. The cost of the land was 18 million pesos, around $10,000 dollars, plus the fees of the process which were about $400 dollars. The titles are currently in a registry office for their complete legalization and I think in about 10 days we will have it in our hands. We will send you a copy when we have it, since you supported us financially in this purchase. Thanks so much, this is motive for a lot of happiness. It will be land destined for communal projects, the idea is to install there a project of production of aromatic, medicinal, and herbal plants for self-consumption and commercialization of excess production. God willing, we are dreaming of constructing a little house to have our meetings and workshops there, and to store machinery used in the land. The youth group is mainly involved in this project.
Smurfit problem
There is sort of a tense calm in this issue, since a few days ago we were told that the company is seeking agreements with other local organizations from Cajibio, since its image abroad is not good, and it could have trouble investing more money in its company in Cajibio at least. They talked to some leaders to get their support, but I believe until now no one has signed any documents or letter.
They currently have the backing of the Cajibio mayor and this has strengthened them and leaves the community organizations in disadvantage. We hope to reopen the issue in the Regional Forum for the Defense of Life, Water, and Territory in the Central region of Cauca. There has been no direct communication between MCC and Smurfit.
Solidarity issues
Well, in this sense we want to inform you that we consulted with the Banco de Colombia to have greater clarity about the dates of the remittances from you all, and the last deposit was made in 31 January 2008, for $500, yielding 941,325 pesos at a rate of $1882 pesos/dollar. Thanks so much for all your efforts, we will try to maintain you informed in a quicker way of the arrivals of the next deposits.
This is what we had to inform you about, and again thanks for your work, your effort, and your company at the General Assembly.
A great big hug to all of you, from the working groups and the directive junta.
With warm regards
Marylen
Estimados y estimadas

COMUNIDADES HERMANAS

REGION CENTRAL DE NUEVA YORK.

EE.UU.

Espero que este mensaje los encuentre bien de salud, de ánimo y con alegría en su vida familiar y de grupos. Por nuestro lado, estamos bien, con mucho animo para aguantar este ritmo de trabajo bastante acelerado, pero gracias a Dios muy contentos y contentas.

Tenemos para Ustedes muchas noticias las cuales se han acumulado ya que hace bastante tiempo no les contamos lo que pasa por acá.

TRABAJO DE DERECHOS HUMANOS

Las actividades que hemos venido realizando con las Victimas de las masacres de la Rejoya y la Pedregosa para la superación de la impunidad y reivindicación de la memoria histórica, a la fecha son las siguientes:

  1. Tenemos documentado cada uno de los casos mediante la recolección de información de los familiares y de personas que han aportado datos importantes para el esclarecimiento de los hechos.
  2. Se han dirigido peticiones ante diferentes instancias del Estado con el fin de exigir la ubicación de los procesos judiciales y el suministro de información necesaria para las actuaciones judiciales.
  3. Estamos diseñando una ruta a jurídica para la interposición de demandas de parte civil en procesos penales y disciplinarios en curso.
  4. Nos alistamos para la elaboración y presentación de los casos ante La Comisión Interamericana de Derechos Humanos. La denuncia internacional será presentada al finalizar el presente año.
  5. Se ha iniciado el proceso para el fortalecimiento organizativo de las víctimas y sus familiares a fin de que se encuentren en condiciones para exigir verdad, justicia y reparación integral ante diferentes instancias, para el diseño y ejecución de actividades encaminadas a la sanción moral de los victimarios y censura moral en contra del Estado de Colombia por no propiciar las condiciones para hacer efectivos sus derechos como víctimas.
  6. Se desarrolla un proceso de formación jurídica y política que reivindique la memoria histórica como lucha contra la impunidad y el olvido.

Para nosotros como organización es muy importante la realización de la visita de una delegada de los familiares de las victimas a los EE.UU. con los siguientes objetivos:

a. Permitirá la visibilización del caso en diferentes escenarios sociales, organizativos y políticos.

b. Facilitara el trámite de la denuncia internacional.

c. Posibilitará la pronta resolución del caso.

Los familiares se encuentran preparándose para su asistencia en diferentes escenarios, mediante capacitaciones, talleres, encuentros locales, regionales y nacionales.

A pesar de lo anterior, el proceso de llevar los casos a las instancias internacionales es un tanto exigente y tenemos la firme convicción de que noviembre seria el mes en que Doña Berta pueda viajar y hablar ante la comisión interamericana y a la vez pueda estar unos días en la región de Nueva York y si hay condiciones favorables, viajar hasta Georgia. Estos son los acuerdos a los que se ha llegado con los familiares. Hasta ahora, hay inquietud por que doña Berta Viaje sola tanto por ella misma como por los familiares, acerca de esto no se ha hecho avances en la discusión, sin embargo algunos lo plantearon el la reunión – taller del pasado 13 de junio de 2.008.

REFERENDO POR EL AGUA

Respecto al tema los avances son que ya se han llevado a cabo eventos de sensibilización a cuatro Municipios mas tanto de la región del sur como del Centro del Departamento del cauca, que es donde esta ubicado Cajibío. La meta es el mes de Julio de este año, realizar el evento regional del centro del Cauca. Por otro lado, el próximo jueves 19 de junio se llevara a cabo el evento por la defensa del agua, los recursos naturales, el territorio y la Vida, en un resguardo indígena de Caquiona – Almaguer, Sur del Cauca, donde esperamos unas 1.500 personas de cerca de 12 municipios del macizo Colombiano.

El proceso de sensibilización y recolección de firmas ya se esta adelantando, los jóvenes, las mujeres ya están en este trabajo y lo hacen con mucho animo y convicción.

COMPRA DE TIERRAS

Bueno, el sueño ya se cumplió, ya se adquirieron tres hectáreas de tierra. Los trámites fueron demorados ya que el dueño de la tierra es un colombiano radicado en los EE. UU y debimos esperar que viniera al país para concretar el negocio. El costo de la tierra fue de 18.000.000 millones de pesos colombianos un promedio de 10.000 dólares, mas los costos de tramites que sumaron un promedio de 400 dólares. Los documentos de propiedad en la actualidad se encuentran en una oficina de registro para su total legalización y creo que en unos 10 días ya los tenemos en nuestras manos, para disponernos a enviarles una copia a Ustedes que nos apoyaron tanto en la gestión de los recursos y quienes donaron el dinero. Mil gracias… este es un motivo de gran alegría, será un terreno para el trabajo comunitario, la idea es lograr allí la instalación de un proyecto productivo de plantas aromáticas, medicinales, condimentarías y hortalizas para el autoconsumo y para la comercialización de excedentes, Dios mediante, soñamos con construir una casita para hacer allí reuniones y capacitaciones y para guardar alguna maquinaria o equipos que se adquieran para el trabajo de la tierra. Los principales involucrados en este proceso son los jóvenes.

PROBLEMTICA DE SMURFIT

La verdad, es que este tema en una tensa calma, hace unos días nos dijeron que la empresa esta buscando acuerdos con otras organizaciones de la localidad de Cajibío, ya que en el exterior esta con mala imagen y pueden llegar a tener dificultades para seguir invirtiendo dinero en su empresa al menos en Cajibío, Ellos hablaron con algunos lideres para buscar su respaldo, pero creo que hasta el momento nadie les ha firmado documentos/cartas.

Ellos en la actualidad tienen el respaldo del Alcalde del Municipio de Cajibío y esto los hace fuertes y deja en desventaja a las organizaciones de la comunidad. Esperamos tratar de nuevo el tema en el Foro Regional por la defensa de la Vida, el agua y los territorios" en la región centro del Cauca. Con MCC no ha habido comunicación directa con SMURFIT.

APORTES SOLIDARIOS

Bueno, en este sentido quiero informarles que hicimos una consulta con el banco de Colombia para tener mayor seguridad de la fecha de los envíos de dinero de parte de Ustedes, la ultima consignación se realizo el día 31 de enero del 2.008, por 500 dólares lo cuales fueron cambiados a un costo de 1.882 pesos colombianos, para un total de 941.325 pesos. Muchas gracias por todo el esfuerzo que hacen para la obtención de este dinero, procuraremos informar de forma más oportuna acerca de estas transacciones.

Bueno, por el momento es lo mas importante para informarles, de nuevo gracias por su trabajo, por su esfuerzo y por su compañía en la Asamblea general de la Organización.

Un abrazo grandísimo a todas y a todos, de parte del equipo de trabajo y la junta directiva.

Con mucho afecto,

Marylén

Sunday, September 21, 2008

CNY-Cajibio Sister Community Delegation: August 3-12, 2007

CNY-Cajibio Sister Community Delegation: August 3-12, 2007

 
Our delegation began in our sister community in Cajibio, where we spent three days, and ended in Bogota, where we spoke with many people, including politicians and activists.  This document summarizes what we did and learned while we were there. 
 
Notes from Meetings in Cajibio:
 

08/04/07- Victims' Families: La Rejoya and La Pedregosa

 
Present: many family members of victims of the La Rejoya and La Pedregosa massacres, as well as their lawyer, Omar, from the organization MINGA, a national Colombian human rights lawyers group.  Marylen facilitated.
 
This meeting centered around a discussion of the Law of Justice and Peace, which is the framework for the paramilitary demobilizations, and a discussion of how to move the cases of the massacres of La Rejoya and La Pedregosa.
 
Law 975: "Law of Justice and Peace":  Omar the lawyer gave a talk on this topic.  According to him, there are several problems with the law.  For example, the law does not establish a process for assuring reparations to the victims of paramilitary atrocities.  He referred to the demobilization process as a "political process" and said that the process is being controlled by the paramilitaries rather than by the fiscal (office in  Colombia similar to Attorney General).  He said there is an attitude that the victims are asking for too much- that the paramilitaries have confessed to their crimes, therefore filling their responsibility.  He said there is legal recognition of victims' rights, but that it is only in theory, not in reality.    
            The response of social justice groups has been diverse.  There is a need to organize more at the regional and national levels to demand reparations.  Groups are working on a counterproposal because victims are being excluded from the process.  He feels that the Law of Justice and Peace is revictimizing the victims, "cleansing" history without taking responsibility for what happened.
            In terms of what can be done, there is a need for direct reparations to the victims, rather than being passed through government or nonprofit agencies.  He also mentioned pressuring the US to revoke visas to those involved.  Finally, the group is talking about the possibility of bringing cases out of Colombia to the Inter-American Commission/ Court.
 
Moving the Cases Forward:  The next part of the meeting was expertly facilitated by Marylen.  They began by brainstorming ways to move the massacre cases forward, as they are currently stalled in the Colombian court system.  There was discussion about sending a representative to the US to testify before the Inter American Commission on Human Rights.  Additionally, they discussed ways to keep the group in better communication, and to meet more often. 
            Commemorations of the massacres were held on November 24 (Pedregosa) and January 15th (La Rejoya).  Regular meetings continue to be held among family members.  Meetings and commemorations both serve to reclaim individual and collective memory over what has occurred.  The importance of developing and maintaining links of international solidarity was also discussed.  The idea of having a presence at Ft.Benning was raised.  MCC will meet Sept 21 to bring together written histories and other documentation related to reclaiming memory and presenting cases to the IA Commission.  This was followed by a discussion of how someone could be supported to go to the Inter American Commission.  The group collectively agreed to what they could be expected to contribute.  They then brainstormed criteria for who should be their representative.  These included familiarity with the cases, with the history and the sociopolitical context, consideration of the entire group, and an awareness of all the work and potential risk the trip would entail.  The group unanimously voted Dona Berta as their ideal representative.     
 

Youth groups

 
We attended a meeting of youth groups from various communities in the Cajibio area.  The meeting was focused on issues of water rights in the community.  Each group of young people had put together a presentation relating to the topic of water.  Presentations took various formats, including a mock news cast, a play, and a question and answer session.  Others performed music, and the whole event was broadcast over the radio station, a major project of the youth groups. 
 
Women's groups
 
The next day, we attended a meeting of women's groups from the various communities that make up the MCC.  The focus of this event was the sustainable agricultural projects that the women have been involved in.  Among the successes of these projects has been the production of diversified food crops, including many types of vegetables, instead of just sugar cane; increasing food security and family nutrition,; and building respect for the work of women in the community.  At the meeting, women shared their successes and challenges, and exchanged suggestions for improving their plots.  There was also a period of more intensive instruction.  Following lunch, the entire group went on a tour of some of the local women's plots.  
 
Mayor
 
We were able to briefly meet and introduce ourselves to the mayor of Cajibio who is a supporter of the MCC.  Our meeting with him was overshadowed by the situation that developed with Smurfit Carton, however (see below), and so a further discussion was not possible. 
 

Jafeth

 
The MCC is not only a political organization but also one which promotes campesino culture as well.  One of their partners in this process of cultural reclamation is the artist Jafeth (LAST NAME???).  His paintings center on themes of social justice and the life of the campesino- images of seeds growing, political protest, and various cultural symbols frequently appear in his work.  One of Jafeth's paintings, an image of MCC leaders Marylen and John Henry at the head of a mobilization, graced the cover of the Syracuse Cultural Workers' annual peace calendar.  We had the honor of meeting the artist and his family in his studio in Popayan.  Later that evening, he invited us to the opening celebration of a new arts and cultural center called Semillas de Maiz (Seeds of Corn).  This organization helps educate local children in the arts.  The new center is amazing, constructed of local materials in traditional architectural styles. 

 

 

Notes from meetings in Bogota:

 
Smurfit Carton de Colombia
 
Present: Hector Calderon (Social Projects Coordinator, Smurfit), Edgar Munoz (Judicial advisor, Smurfit), Miguel Fernandez (coordinator, CIMA), Wilmer _____  (from another Colombian NGO), Witness for Peace representative, MINGA representative, John Henry, Agapito
 
This meeting centered around addressing the incursion which occurred on Smurfit land during our time in Cajibio, in which trees were cut down.  Following the incursion, the MCC was alerted that Smurfit was considering MCC leaders, John Henry in particular, to be responsible.  In addition, rumors were circulating that Smurfit was firing its local guards and replacing them with paramilitaries.  In this climate of anxiety, John Henry and the president of the MCC Board of Directors, Agapito, joined us at a previously scheduled meeting with Smurfit Carton.  In addition to the incursion topics of discussion included issues of Smurfit's relationship to the community and the environment. 
 
Incursions/ Threats:  When confronted about the threats and rumors, Srs. Calderon and Munoz unequivocally denied that Smurfit held John Henry or the MCC responsible for the incursions.  They denied having made any threats, and claimed that they have no problems with the MCC or its leaders.  While they were hardly going to say anything else regardless of whatever the actual situation may be, it was at least an opportunity for members of the MCC to confront the corporation and for us and other organizations to show our solidarity and our interest in the MCC. 
 
Smurfit and Land:  One of the community's largest concerns with Smurfit is around the availability of land.  Because Smurfit has been buying so much land in the community, land prices have increased dramatically, making land prohibitively expensive for most campesinos.  Although community leaders had a verbal commitment from the company to stop buying land in Cajibio, Smurfit has continued to do so.  At the meeting, the Smurfit officials denied the existance of the verbal agreement.  They claimed that each time they purchased land, they first made sure that no campesino, indigenous, or Afro-Colombian group was in negotiations to purchase the land.  In addition, they mentioned their role in providing employment in the community, and questioned why the MCC has to be so focused on land issues. 
            Sr. Agapito eloquently replied to these points, citing examples of Smurfit taking over land which campesinos were attempting to acquire.  He also mentioned the mechanization of Smurfit's operations, which leads to them employing fewer people in the community.  Further, he talked about the importance of land to the community, and to the culture and identity of the campesinos.  Land is an especially important issue as more and more young people are leaving the community because their parents do not have enough land to divide among all their children. 
 
Smurfit and Environment: Various people at the meeting also took Smurfit to task on their company's effects on the environment in Cajibio, particularly around issues of water.  Smurfit's plantations of non-native pine and eucalyptus trees have been accused by campesinos of sucking the water table dry in the area.  The Smurfit representatives claimed that, for some reason, the threes don't use as much water in Colombia as they do in other places, a fact which the experiences of people in the community contradicts.
 
Fiscalia
 

We went to meet with the Fiscal's office, similar to the Attorney General in the US court system.  We attended the meeting together with family members of people who were killed in the Palace of Justice in 1985.  At that time, guerillas had taken over the Palace of Justice (similar to the Supreme Court???).  Governmental forces stormed the building, resulting in massive bloodshed and the killings of hostages.  There is evidence that some of those hostages may have been killed by State forces, perhaps because they were witnesses to the killings that occurred inside.  Present with us were the wife and daughter of one of the murdered workers, and the brother of another.  They have been devoting their lives to the quest for justice over the deaths of their loved ones.  This has been a dangerous road for them.  After 13 years of work on their case, their lawyer was murdered- shot three times in his head in his office. 

            These people had come to the Fiscal's office to present a letter in support of their case written by Noam Chomsky.  We waited in the small meeting room for over an hour, and were nearly ready to leave when he arrived.  The letter was presented and he signed to show that he had received it.  Our meeting was rushed and our reception a little chilly.  The relatives will continue to work for justice for their family members, in the face of a cold, dismissive, and often dysfunctional court system. 
 
 
Maria Isabel Nieto Jaramillo, Viceminister of the Interior
 
In our discussions with the Viceminister of the interior, the Law of Justice and Peace also played a prominent role.  As a high-ranking member of the government, she was unsurprisingly in support of the process.  Among the successes she cited of the law was that four years ago there were 400 mayors who could not work in their own municipalities due to threats from the paramilitaries and guerillas and today there are none.  She, along with several other people we met with, referred to "emergent groups"- essentially demobilized paramilitaries who have returned to violence and intimidation and are often involved in drug trafficking.  She claims that this represents a very small percentage of the demobilized paramilitary members.  She also cited concerns that the structure of the paramilitary organizations may still be intact, and said that there is a need to destroy the structure and make sure that paramilitary leaders are not still organizing paramilitary operations from within jail.  She also discussed reparations to the victims, citing a recent legal case in which the government was found accountable for violence towards the Nasa in the Cauca department.  Under the Law of Justice and Peace, however, reparations are made from the paramilitary members, not the government. 
            The conversation was sometimes frustrating, as Ms. Nieto and the other governmental representative there, the Director of Human Rights, both stuck with the party line.  However, a brief exchange at the end of the conversation was a potent reminder that all Colombians are affected by the war, no matter what their place in society.  Maria was saying, "We are tired of war, so tired.  There is not one person who has not been affected.  My sister was kidnapped by guerillas.  And you?"  She turned to the Director of Human Rights. 
            "My brother was kidnapped," he said.  "By the paramilitaries." 
 
Carlos Gaviria (President of POLO) 08/10/07
 
Carlos Gaviria is the president of the POLO party and will most likely be their presidential candidate in the next election.  We saw him speak at a conference the day before and met with him briefly in his office.  In his speech at the conference he chided the left for not seriously addressing gay rights, women's rights and indigenous rights.  He is very focused on promoting the unity of the various movements of the left, and is working towards building the POLO as a viable alternative political party. 
 
Luis Jairo Ramirez (Comite por la Defensa de los Derechos Humanos) 08/08/07
 
Sr. Ramirez discussed the Law of Justice and Peace with us.  This law was a frequent topic of conversation throughout our visit.  The law aims to demobilize the paramilitaries in exchange for various degrees of amnesty for crimes they may have committed.  This law has deeply divided the Colombian left.  Many consider the law to be a "law of impunity" and are refusing to participate in the demobilization process on the grounds that doing so only legitimizes an inherently corrupt process.  Others have decided to participate on the grounds that at least this is something and that to fail to participate will only permit the process to be controlled completely by the government and military who they see as allied with the paramilitaries.
            Sr. Ramirez mainly discussed the background of the law with us.  Enacted in 2005, Law 975, or the Law of Justice and Peace, the law requires that paramilitaries must a) make a full confession of the crimes they have committed; b) return property that was taken illegally; and c) have some of their property confiscated to make reparations to the victims of paramilitary atrocities.  One of the major unexpected results of the law has been that in their confessions, paramilitary members have implicated many people at very high levels of the Colombian government as complicit in paramilitary activities and financing.  This has lead to much scandal and the imprisonment of 30 members of Congress.  Many more are under investigation. 
 

Gloria Cuartas 08/10/07

 
Gloria Cuartas is a leader of the leftist coalition party POLO.  She discussed various topics including the Law of Justice and Peace, the status of women within the left, and the POLO party.
            She addressed the status of the peace community San Jose de Apartado, which has been experiencing an increase in violence.  Part of what has been happenning is that the Uribe government has been using the new rhetoric of terrorism, rather than that of war, to describe the situation in Colombia.  This rhetoric not only legitimizes the actions of the state but also let's the government claim that in the absence of war, there is no need for a peace community.  She emphasized the economic roots of the situation in Apartado- the community is located on a mountain, above which is coal.  The community also lies on the route to the sea and all of Central America and as such is a strategic location in terms of the Plan Pueblo Panama.  They are pressured from above and below, from guerillas, paramilitaries and State actors.  
            Gloria spoke hopefully about the rise of the POLO Democratico, the leftist political party.  Not since the Union Patriotica has there been this degree of unity and consensus around a leftist political party.  The mayor of Bogota is part of POLO.
            Women within the POLO have created a women's newspaper within the party.  The Newspaper is called La Pola, a feminization of POLO that is also the nickname for a radical young woman who was killed in the struggle for independence from Spain.  There was some resistance from POLO men towards the creation of the paper, saying it was too soon, that it might cause divisions, etc.  They were offered a page in the POLO paper, but they felt that they needed to have a voice of their own. As Sra. Cuartas put it, there is a need to reclaim a women's political language and experience of civil resistance in the country, not just women's social work.
            Despite this unity, she spoke about the divisions that have occurred within the left, and within the women's movement in Colombia due to the Law of Justice and Peace.  Part of the law established a Commission for reconciliation.  The Uribe government recruited leaders from the left to participate in the Commission in order to lend the process legitimacy.  ALthough many leftist organizations refused to participate, claiming that the process was inherently corrupt, some did choose to be involved, which has lead to a schism.  Gloria is one of those who do not support the participation of the left in this process.  She feels that the so-called reconciliation process does not truly hold those accountable responsible for the atrocities they have orchestrated.  
               
 
Ana Teresa Bernal (Red de Paz)
 
Ana Teresa Bernal provided us with a very different perspective on the Law of Justice and Peace and the Commission established to carry it out.  She is one of the leftist activists who did choose to participate in the process and has a seat on the Commission. 
            She has been participating, through the Commission, in a process of dialouge and negotiation for the last three years.  She was adamant that participating in this process does not mean that she has lost her autonomy or her critical spirit, and that she is able to maintain her critical point of view from within this process. 
            She discussed the enormous political and logistical challenges of implementing the law, which requires investigations into the crimes committed by some 2700 leaders of the paramilitary movements.  This involves collecting denunciations from the victims of these crimes, which she says guarantees the participation of the victims in this process, rather than simply allowing for impunity.  Two other important aspects of the process are the recuperation of historical memory and bringing about reparations for the victims of the crimes.  A major challenge of the process is to guarantee the safety of the victims who do testify, and particularly those who are attempting to reclaim land that was stolen from them.
            An additional problem is that in some cases the paramilitaries are regrouping under new names.  One in particular that we kept hearing about is known as the Agilas Negras (Black Eagles).  Ana Teresa said, as we have heard many other people say, that although the paramilitaries have been disrupted by this process, the structure of their organizations have not truly been broken.  However, she also talked about the ways in which this process has gone beyond the intentions of its creators, to take on a life of its own.  There was not an expectation that the paramilitaries would name names at such high levels of government, and that so much collusion would be exposed.  This is due in part to the fact that the current Attorney General seems to have more independence from government than previous ones.  It is also because the paramilitaries have felt betrayed by the process, which they essentially expected to give them amnesty  Instead, some of them are really doing time.  They got angry at the government, which is why they started naming names in retaliation. 
            Another challenge in the process of reparations is in terms of who pays them.  According to the law, they are supposed to come from the paramilitaries, and if the former paramilitaries cannot pay them, then they do not get paid.  Ana Teresa is advocating that the state should pay them, as they are complicit in the crimes committed.    She also believes that reparations need to be collective, as well as individual.      
 
Yolanda Pulecio Betancourt (mother of Ingrid Betancourt)
 
Ingrid Betancourt was a presidential candidate and a member of the Colombian Congress who had vigorously fought corruption diring her time in office.  Five years ago she was kidnapped by the FARC while campaigning for the presidency, along with her vice presidential candidate, Clara Rojas, who was recently released.  Ms. Betancourt is still being held by the FARC.  We met with her mother, Yolanda Pulecio, who has worked ceaselessly to obtain her daughter's release. 
            She, along with many family members of the more than 1000 people held hostage in Colombia, is in support of a Humanitarian Accord for their release.  This accord would exchange various members of the FARC being held in prison for hostages held by the FARC.  Neither side is making negotiations easy.  One of the sticking points is that the Colombian government is refusing to grant the FARC a demilitarized zone in which the negotiations would occur.  The government claims that this would allow the FARC to gain strength and build up their operations unhindered.  In the mean time, the hostages continue in uncertain and difficult circumstances.  Ms. Pulecio told us that her greatest fear is that the government will try to rescue her daughter- the FARC has a policy of killing any hostages for whom a rescue attempt is made. 
 
 
 

Smurfit Meeting
 
Because of the importance of this meeting, I have included a transcription of the detailed notes I took throughout the meeting.  I cannot guarantee their completeness or their absolute accuracy, as they were taken rapidly and through language interpretation.  Still, they provide a record of what was said by the various parties involved in the meeting. 

 

Jack: describes CSN, concerns with what Smurfit is doing, how it affects the campesinos, spoke about incursion.  MCC has nothing to do with it, absolutely not related.  This is not what they are doing.  Not that we do not have disagreements with what Smurfit is doing.  Mentioned agreement between Smurfit, MCC, MINGA, WFP, etc.  Mentioned what is happening with water, pine plantations, etc. 
 
Hector Calderon: Not regional coordinator, social projects coordinator, helping families of forest workers, development projects in Cajibio in formal education, have colegio in Cajibio for 21 years, organized association of panela growers, education program for adults, working with youth groups doing environmental projects.  Worked in Cajibio for many years.  Problems and concerns that you have are very broad. 
 
Edgar Munoz:  Judicial advisor for Carton.  Bogota, Medellin, Cali, also investments in Peru, Venezuela, Ecuador.  Specialized in agrarian law, acquiring farms for 30 years, part of that community.  In Cajibio yesterday regarding problems, damages 8-10pm, police came, otherwise damage would have been worse.  Third time this has happened.  Threats against farmworkers.  In contact with the community, but also with representatives of the department of Cauca.  Want to find out why this is happening.  Discontent within or from outside of these communities.  Need a neighborhood that will let us work in peace. 
            Part of Smurfit Kappa.  Formed in 1994 in Medellin through a merger with North American paper company based in Chicago.  70% foreign, 30% local capital.  This proportion still exists.  In 1980's sold investment to Mobil when oil companies were diversifying.  Short-lived: in 1986 Michael Smurfit bought from Mobil all Latin American paper.  2003: Michael Smurfit sold Smurfit to two investments, in Chicago and in Holland.  These are what dominate Smurfit now.  30% in Colombia has 2200 shareholders.  Shares registered on Colombian stock market.  Vertically integrated company.  Produce own primary resources.  2/3 wood, 1/3 recycled paper.  Biggest paper recyclers in Colombia.  To assure primary resources in 1970's acquired rural farms to plant trees.  Took farms that wouldn't compete with agricultural areas, parts used for cattle farming.  In Cauca, bought land near indigenous zones.  Located in eastern part of Cauca over central range.  Cajibio more to west, far from indigenous lands, because no land conflicts.  Indigenous reserves created by Spanish crown, to protect indigenous because they were being extinguished.  Still like this in Cauca, made them isolated from rest of culture, isolated from campesinos. 
 
Ray: Why not say multinational?
 
Munoz: Bad connotations, that they come in, take everything. 
 
Jack: Various themes, first about environment, then social sector activities, and the incursions, etc.  John Henry to present concerns over the environment.
John Henry:  Important to have presence of various organizations here.  Agreement among various organizations, together with human rights organizations agreeing on political solutions.  There might be someone like me threatened.  This is bad.  We are struggling to defend the land for the campesinos.  Bad that some have done incursions onto the land.  Meeting in Popoyan with WFP, MINGA, etc., that led to original document recognizing work of MCC.  This came up with Mayor, the has appeared very serious to us, a rumor that we haven't verified yet, that I am being accused of this.  Want to clarify.  We are very worried.  Heard from Smurfit employee.  Tell us what is going on, can you tell me if you think I am responsible for this?  We want to clarify.  Carton has presence in other countries.  Has effects in other communities, sometimes good, sometimes bad.  Carton is part of the problem.  We absolutely have nothing to do with the incursions and do not support this.  What they are doing is illegal.  We struggle with different kinds of actions.  At no time have we taken actions like this.  What happened. 
 
Calderon: We reject any type of threats.  Not our type of work, cannot accept involvement in this.  No document that accuses John Henry.  First attempt in October 2006, 3500 trees destroyed, November 120,000 trees, 110 hectares.  What can company do?  Told authorities, made legal announcement, criminal act.  After that, last Friday, a new incursion.  4800 trees destroyed.  Been trying to work in social realm.  All experts in social work.  Always talk with recognized leaders, including MCC.  Wanted a take on what was happening from community leaders, wanted their input.  Then we can rework our social policy.  If there is a conflict we have to deal with it.  Going to keep working to resolve problem, keep working in finca.
 
Munoz: Put denuncia in to Cajibio fiscal.  Included names of people we identified on the day that this happenned, by people who were doing security.  Have been guarding.  Named names.  John Henry is not on this list.  But, I want to know who said that we think you were behind this. 
 
JH: We have indications.  The person who gave information said not to give his name.  Gave name of functionary in Smurfit.  Can't tell exactly what he siad.  But he said he was worried for John Henry.
 
Munoz: Mario Gonzalez is an engineer who is fifth or sixth level.  His work is technical.  He is not a decision maker, does not have any authority.  Whatever he said, it is imaginary, not concrete.  We are a business.  I feel like I am being accused of something.  The company has nothing against MCC or any other campesino or indigenous movement.  We have a problem with the guerillas, the paramilitaries, never interacted with them.  But we don't have a problem with social groups.  For example, the company has a union, 40 years, 20 agreements, negotiated every 2 years. 
 
MINGA: Where did you make the denuncia?
 
Munoz: Not sure.  10 million pesos of damage. 
 
Fernandez: Concern about the question of who is the functionary.  We don't have proof who was the functionary.  Not saying name of informer because it is very delicate.  Mario could retaliate against John Henry.  We are not accusing this functionary, just saying that there was a rumor. 
 
Calderon: Before March 1, 2007, Mario Gomez from office, MINGA wants to have a meeting in Bogota.  Here he made the same point and left this clear.  If Carton had something against MCC .  Clear that we did not.  Witness for Peace was also present.  CUT, NUC, Agapito were also there.  Left clear that nothing was against John Henry or MCC.  This is not the first meeting where we have done this. 
 
Munoz: We won't put anyone in danger.  Not our style. 
 
Jack: Observation.  Informed of presence of paramilitaries in Cajibio, want to hear that you don't have any type of arrangement with paramilitaries.  Assurance that they would try to stop the paramilitaries.
 
Munoz: Do not want to get involved with any type of armed group.  Have had problems with guerillas and paramilitaries.  They have burned farms, tried to bribe us, backed off of some farms, allowed overseers to look after them.  Also been called by some organizations to come back.  No contact with armed groups.  Company policy, ethics code.  No involvement with any political organizations. 
 
Jack: Concerns regarding water problem.  Relation between pine plantations and water availability. 
 
Calderon: This is an environmental problem.  We don't have an environmental specialist here.  Not a social problem.  Environmental themes straddle political/social issues.  Can't conceive of environment without community.  Forest cultivations.  Inexplicably, they don't use as much water as in other places.  Tropical pines from Vietnam and North Africa.  Special characteristic of Cajibio- plateau with deep water.  There are pumping stations to bring water up from the ground.  Until now no scientific evidence of water loss due to the plantations.  Invited to see forestry project.  See how we behave in Cajibio. 
 
Colleen: Spoke about biodiversity, the "green desert," etc. 
 
Calderon: We are employing campesinos to do the work. 
 
Jack: Agreement not to buy any more land in Cajibio.
 
Calderon: Nothing that refers to this.
 
Jack: But is a concern. 
 
Calderon: There was a meeting in Cajibio.  April 27, where I represented the company.  I promised that each time the company would get more land, it would consult whether the land had been offered to campesinos, Afro-Colombians, indigenous groups, etc.  Why?  Because it wouldn't make sense to buy land when campesinos were in negotiations to buy land. 
 
Agapito: There was an earthquake in 1983.  Small farmers with no land.  After the earthquake, land opened up.  It's a reality.  They said that the farm we needed wasn't appropriate for agrarian reform.  Carton told them that the farm was bought by Carton.  We need work, but we also need a place to live, a place to plant our crops.  In Colombia there hasn't been any agrarian reform.  We've taken land… Forces of the state have come against us.  Two dead, five wounded in La Viuda.  All arrested, accused of being guerillas, Carton knows.  The institution today and before.  The small farmers haven't gotten anything from the institution.  We have taken agrarian reform into our own hands.  I obtained land through struggle.  Others have had to do the same.  We have children.  We need more land.  Cow, milk farms.  Carton entered.  We have had many meetings about Monsanto (?) with Carton because we were not in agreement with this.  Power is knowledge.  There were a lot of people working, but Carton displaced the work.  Carton is using machines to clear the trees.  Proposal to mechanize everything including stripping bark from the trees.  If we don't organize we will be totally displaced. 
 
Calderon: We can see this in the country, but we see more people working.  More people than before. 
 
Munoz: I have heard many times on the part of the communities.  Same thing is being said as 20 years before.  Why does MCC keep talking about property rights?  We who work in the country side see that there are alternatives and the MCC should make more efforts to find alternatives to exploiting land.  Colombia is not poor in terms of resources.  We know about our business like you know about yours.  Not discussing the legitimacy of our organizations. 
 
CIMA: Why do you not stop buying land?  Our children need land.  It is a political problem, but also economic, and also one of inequality.  Before we had a little bit of land, but now we are obliged to be a worker in a factory.  Environmental, but also political.  Today the landowner is not a poor campesino.  Now the campesino is part of an army of workers if he hasn't already been displaced.  I want to say this to the multinational: What will happen to the poor campesino who doesn't have any land?  The proletariat of the countryside do not have any land.  Economic problem of inequality.    
 

 

 

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