Colombia Peace Process

Debate between Ellie Reeves and Jo Stevens

Tuesday 18th June 2019 Westminster Hall

[Jo Stevens]

I thank the hon. Gentleman for raising that point. It is something on which I hope the Minister will be able to elaborate in his response to the debate, because the UK and Colombia are friends. We wield enormous influence over what goes on in Colombia, and that is one of the programmes that I hope will continue, so that we can ensure that that particular group of victims does not suffer further.

In 2013 President Uribe co-founded a new political party, the Centro Democrático or Democratic Centre, largely to oppose the peace process in the 2014 Colombian elections. Despite the extremely narrow rejection of the peace agreement in that plebiscite, a revised agreement was ratified by the Colombian Congress shortly afterwards, in December 2016. That final agreement, for which the UK is the penholder on behalf of the UN Security Council, was structured around six areas. The first was comprehensive rural land reform. The Government promised to provide 3 million hectares of land to the landless or land-poor peasants, and to formalise legal property titles on another 7 million hectares, in addition to heavily investing in infrastructure projects and state-building in previously FARC-controlled areas.

The second area was political participation. As I said previously, FARC became a legal political party, and was guaranteed a minimum of five seats in Congress and five in the House of Representatives for two legislative terms, starting in 2018. After that point, FARC will have to win seats competitively in elections.

The third area was the ending of the conflict, disarmament of FARC, transition to civilian life and reincorporation, and guaranteed security conditions for former combatants and communities in UN-monitored reincorporation zones. In August 2018 I visited one of those zones, a specific camp in Filipinas in the Arauca region on the north-eastern border with Venezuela. I saw what little progress had been made in establishing those zones and getting former combatants to a position in which they could make a living and fend for themselves.

The fourth area was ending the drug trade, which will obviously have an impact on drug consumption in the UK—cocaine is a particularly topical point at the moment. The crop substitution programme with the Government and FARC will help farmers to stop growing coca and instead grow legal crops in order to make a living and grow their local economies.

The fifth area was justice for victims of the conflict, which the hon. Member for Henley (John Howell) touched on. A transitional justice system called the JEP would be established. Special tribunals would adjudicate war crimes and other atrocities committed by Government security forces, paramilitaries and guerrillas, with reduced sentences for people who came forward. The emphasis of the HEP would be on restorative justice and ensuring the rights of victims.

The sixth and final area was the implementation and verification of the peace agreement, which is a really critical part. The UN special political verification mission would take an oversight role, and a commission would be set up to follow up the implementation process. It would be known by its Spanish abbreviation, CSIVI, and consist of three senior Government members and three senior FARC members.

At first, the peace agreement implementation seemed to be working. There was a significant drop in violence in 2017, Colombia’s safest year since 1975. However, there was a very significant change in direction in 2018 with the election of Iván Duque as the new President. He is a protégé of Uribe, and ran on a platform of dismantling parts of the agreement, particularly in relation to political participation by FARC and the work of the JEP. Since his election, he has systematically attempted to undermine the JEP, despite its being recognised by the international community and, most importantly, by the victims of the conflict as a way to provide truth, justice and reconciliation for victims on all sides and an end to the impunity that has operated for decades. That has resulted in a significant stalling of the process, which is threatening the very existence of the peace agreement.

After the United States, we are the second-largest investor in Colombia. As a penholder to the peace agreement, we play a particular role in the process. The UN Security Council warned on 16 April that the peace process

“stands at a critical juncture”.

All sections of the peace agreement are crucial, but I want to focus a few remarks on three of them—ending the conflict, political participation and the role of the JEP. One third of the peace agreement’s 578 stipulations have not even begun to be implemented, and an estimated 1,700 former guerrillas have returned to armed struggle. The arrival of President Duque in London yesterday is very timely. I know the Minister is meeting the President later today, so I hope Opposition Members have questions for the Minister and issues that he can raise with President Duque when he sees him.

I now turn to the armed conflict. Colombian human rights organisations estimate that 591 social leaders have been assassinated since the signing of the agreement, and 236 of those assassinations have happened in the 10 months since the President took office.

[Ellie Reeves (Lewisham West and Penge) (Lab)]

My hon. Friend will know that I went on delegations to Colombia in 2007, when Uribe was still in power, and in 2012. We heard widespread evidence of human rights abuses, and I am really disappointed to hear that slow progress has been made with the peace progress. Does she agree that it is time for our Government to step up and work with human rights defenders to bring about a country-specific plan to protect human rights defenders in Colombia?

[Jo Stevens]

My hon. Friend is absolutely right. One of the questions I have for the Minister is on the help that we have been giving to the Colombian Government and their Ministry of Justice and Law in training their lawyers in investigation and disclosure. It does not seem to be working, because impunity continues.

An estimated 135 former FARC combatants have been murdered since they laid down their weapons in the disarmament process. One of the most recent victims was Dimar Torres, who is alleged to have been murdered by Colombian soldiers. The local community found his body next to a recently dug grave, raising suspicions that the soldiers were attempting to make his body disappear, which is what we saw over years and years, prior to the signing of the peace agreement.

A recent statement by the UN special rapporteur on extrajudicial executions and the UN working group on enforced disappearances urged the Colombian Government to

“cease inciting violence against demobilised individuals of the FARC…and to meet the guarantees that were made to them during the negotiations in Havana, most importantly respect of the right to life.”

The Minister responsible for peace implementation, Emilio Archila, reacted by responding that the statement was “badly intentioned” and rejected the conclusions, while former President Uribe attacked the UN on his Twitter account.

That follows revelations from The New York Times in late May that the army has reinstated orders to soldiers to show results of the killings of armed groups, with performance-related pay. That is a chilling reminder of the military’s involvement in the “false positives” scandal under Uribe’s Administration, during which thousands of civilians were murdered by the military and dressed up in army fatigues as though they had been guerrilla fighters killed in combat. After a huge outcry, the Colombian Ministry of Defence said that it would amend the orders, but concerns remain. Last week, the Senate voted to promote General Martinez Espinel, even though he was second-in-command of a brigade accused of murdering 23 civilians in that way between 2004 and 2006.

The Colombian Government recently claimed that there had been a 32% reduction in killings of social leaders, but that is in direct contradiction of the evidence from the many reports of human rights organisations on the ground. Uribe recently said that 5,000 FARC members had returned to the mountains—a coded reference to their taking up arms again. That claim is completely fake, with no evidence to substantiate it. It is not supported by anyone involved in the monitoring of the peace process and is a deliberate strategy by Uribe—the figurehead of President Duque’s party—to undermine the implementation of the peace process and the UN verification mission. In turn, that undermines Britain’s role as penholder for the agreement. At his presentation at Canning House yesterday, President Duque made no reference to human rights abuses and the targeting of social leaders in Colombia.

My second point is about the JEP. Its implementation has been resisted by Duque’s Administration, which sees it as too lenient and as treading on the toes of the criminal justice system. In March, the statutory law providing the legal framework for the JEP was stalled after President Duque refused to sign it off, citing concerns about six articles. After a lengthy legislative battle, it was eventually signed into law this month, after Congress and the Constitutional Court rejected President Duque’s changes. Duque’s resistance to such a fundamental part of the peace agreement should be a worrying warning to our Government about his attitude and disdain towards the agreement.

The case of Congressman Jesús Santrich, in which the Minister knows I have taken an active interest, perfectly illustrates the genuine concerns in Colombia and internationally about President Duque’s commitment to the agreement and to the JEP in particular. There has undoubtedly been political interference in the JEP by the Colombian Government, most notably by the actions of former Attorney General Néstor Humberto Martinez, who recently resigned following the long-awaited release from prison of Congressman Santrich.

Jesús Santrich was a key negotiator of the Colombian peace agreement, a member of the FARC delegation to the negotiations, and an architect of the agreement. At the time of his arrest in April 2018, he was a member of the CSIVI, the implementation committee that I mentioned earlier. He was due to take his seat in the House of Representatives in July 2018, as part of the FARC’s 10 representatives in the Colombian Congress, which was a specific part of the peace agreement. However, in April 2018 he was arrested on the order of an international arrest warrant requesting extradition, issued by a New York court. It alleged that he had conspired to smuggle 10 tonnes of cocaine out of Colombia in an aeroplane. He categorically denied the accusation, but was imprisoned in solitary confinement in La Picota high-security prison in Bogotá.

Last August, I visited Santrich in his prison cell. He is blind, suffers from a degenerative eye condition so severe that his sight is almost non-existent, and has other major health problems. He spent 13 months in La Picota prison, during which time he undertook a lengthy hunger strike to draw attention to his plight. When I met him, he was extremely frail, in declining health, and was being refused access to essential medical care. No adjustments were made to accommodate his disability. When I returned to the UK I met the Minister, and I am pleased to say that shortly afterwards, some disability aids were provided for Congressman Santrich. At no point was any evidence disclosed to his lawyers to back up the allegations against him, the basis on which the extradition warrant had been issued.

Santrich has since presented his case to the JEP, arguing that it had jurisdiction, rather than the Colombian criminal court. The then Attorney General challenged the case and lost. The Attorney General was asked by the JEP to provide evidence to substantiate imprisonment and the proposed extradition, but none was forthcoming. The US Department of Justice did not provide any evidence, either. On 15 May this year, the JEP gave its ruling, guaranteeing that there would be no extradition. It ordered that Jesús Santrich be freed. The Colombian Procurator’s Office appealed the decision, but the JEP insisted on Santrich’s release. The Attorney General refused to sign the order for release and has since resigned, saying that he is not prepared to sign the order. Santrich was kept in prison until 19 May, and on his arrival outside the prison gates, he was immediately re-arrested and taken to the Attorney General’s building by helicopter. Ten days later, on 29 May, the Supreme Court ordered his release and eventually, on 11 June, he was sworn into office.

I went into detail about that because the entire process has been carried out in the context of strong opposition to the JEP by the Government party. There has been a deliberate attempt to diminish the authority of the JEP that has wide-ranging consequences for its proper functioning and authority. Unsurprisingly, the case has caused huge concern among defenders of the peace process, which adds to the considerable concerns about the lack of implementation of the process, the rise in murders of civilians and continuing impunity.

As a key member of the negotiating team who was due to occupy one of the 10 seats in Congress guaranteed to FARC, Santrich has become symbolic for the peace process. That is why I hope that the Minister will tonight seek an explanation from President Duque about his Government’s conduct in this case—the conduct of the former Attorney General in particular—and ask what reassurances can be given about Jesús Santrich’s freedom and ability to carry out his democratic role in the future.

Finally, I will return to the point made by my hon. Friend the Member for Lewisham West and Penge (Ellie Reeves) about the UK’s role in assisting in Colombia. It has been mentioned in past debates that we have given support to the Fiscalía to help it learn about investigation and disclosure. If we are still doing that, why are we doing so when the JEP is being politicised and abused in such a way?

Civil Liability Bill [ Lords ] (First sitting)

Debate between Ellie Reeves and Jo Stevens

Committee Debate: 1st sitting: House of Commons
Tuesday 11th September 2018 Public Bill Committees

[Ellie Reeves]

The point about fraudulent claimants is that it is a very low percentage, and the insurance industry has reporting duties. No insurance company has stated that fraud is a material risk. It is not correct to suggest that there is an epidemic of fraudulent claims. Such claims should be tackled, but the way to do that is to go after those who commit fraud rather than innocent victims of road traffic accidents. The implementation of the Government’s package of measures in this Bill and the forthcoming changes to the small claims limit would eviscerate access to justice for many people with genuine injuries. In its current form, the Bill would replace the long-standing and established Judicial Studies Board guidelines with a rigid tariff that would undermine judicial discretion and leave injured claimants worse off.

I agree with the conclusions of the Access to Justice group in its written submissions to the Committee, which state that the increase in the small claims limit and the introduction of a tariff system is punitive and arbitrary. The draft tariff system presented by the Ministry has shown an overwhelming reduction in payments for pain, suffering and loss of amenity for whiplash injuries. In comparison with the 2015 average pay-outs under the existing guidelines, injuries lasting 19 to 24 months would be compensated 13% less, and those lasting 16 to 18 months would be compensated 29% less, while injuries lasting 13 to 15 months would be compensated 45% less. I note that Government amendment 4 would ensure the Lord Chancellor consulted the Lord Chief Justice before proceeding with regulation changes, but it is not satisfactory and would not see access to justice delivered for injured claimants. It misses the point of what is damaging about the move from judicial guidelines.

The Bill classifies injuries dealt with by the proposed tariff scheme as minor. I am not sure by whose definition a minor injury is one that can last up to two years. By most standards, it is surely a significant injury, and I welcome the shadow Front-Bench amendments that would see injuries of more than a year removed from the scope of the tariff system. To grade an injury of up to 15 months as minor and restrict damages to nearly 50% of what they are currently is a clear, ideologically-driven assault on access to justice.

Moreover, the evidence submitted to the Committee by the Carpenters Group showed that 15% of road traffic accident injuries lasted for more than 12 months. We cannot insist that the punitive measures invoked by a move to a tariff system affect the ability of a substantial number of people to access justice. Further, on the secondary legislation changes to the small claims track from £1,000 to £5,000 for road traffic-related personal injury claims and to £2,000 for all other types of personal injury claim, the package of measures, of which this Bill forms part, will see thousands of injured people fall out of scope for free legal advice and potentially denied justice. Current predictions are that around 350,000 injured people will be put off pursuing a claim for an injury that was not their fault. Access to justice is on the line for thousands of genuinely injured people.

[Jo Stevens]

Does my hon. Friend agree that the impact of the Bill will mean that we are likely to see what happened in the employment tribunals when fees were introduced and there was a drop-off of 90%?

[Ellie Reeves]

That is absolutely right. If the changes go through, hundreds of thousands of people will simply not be able to pursue claims with legal representation and will be deterred from doing so. The Government’s introduction of employment tribunal fees was found by the Supreme Court to be illegal because they denied people access to justice, and we seem to be going down the same route with the Bill’s further attacks on access to justice and with the related small claims measures. Amendments 10 and11 should be adopted as they provide much needed strength to the legislation and will help protect access to justice for victims of accidents.