Human Rights (Colombia)

Jim Sheridan Excerpts

Tuesday 22nd November 2011 Westminster Hall

[Jim Sheridan (Paisley and Renfrewshire North) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Williams, and may I express my appreciation to Mr Speaker for having selected this important debate?

The conflict in Colombia is one of the oldest on the planet and it spans some 50 years. Technically, the fighting is between Colombian Government official armed forces and various guerrilla groups such as the ELN—the national liberation army—and FARC. The situation, however, is more complicated because of the large number of right-wing paramilitaries, who operate with almost complete impunity, systematically murdering the ordinary people of Colombia in droves, and an army that clearly colludes and co-operates with them. I requested this debate because we need to send the Colombian Government a clear message.

[Mr Tom Clarke (Coatbridge, Chryston and Bellshill) (Lab)]

I have with me a statement on Colombia issued jointly by the Governments of Colombia and of the United Kingdom, and I understand that an important visit took place yesterday. The statement contains, however, no reference whatever to the trade unions, or—as far as I can see on a quick reading—to any of the Churches. Does my hon. Friend find that somewhat interesting?

[Jim Sheridan]

My right hon. Friend raises an important point; he has a proud track record of looking at situations in terms of human rights. I hope that the Minister will take his comments on board and perhaps clarify that point.

[The Minister of State, Foreign and Commonwealth Office (Mr Jeremy Browne)]

I am grateful for the opportunity to contribute to the debate at this early stage. I have just hosted a meeting in the Foreign Office that was held by the President of Colombia and at which a range of non-governmental organisations, including representatives from trade unions and Christian organisations, had the opportunity to make those points directly to him as part of a wider conversation.

[Jim Sheridan]

I thank the Minister for that clarification. I do not want to sound negative, but the all-party British-Latin America group arranged a meeting with President Santos for yesterday and, unfortunately, not much notice was given to the rest of us, so we heard about a meeting scheduled for Monday afternoon only on Monday morning. Speaking personally, it was almost impossible to get to that meeting, but had we known about it earlier, even more trade unionists and similar people would have attended.

[Mr Gerry Sutcliffe (Bradford South) (Lab)]

We hear the Minister’s comments, but if we as a country attack those in the middle east who kill their own people—in particular, I highlight Syria and other countries where there have been problems—should we not do the same with Colombia? Many MPs have tried over many years to raise the issue of Colombia and highlight the fact that many innocent people, mainly trade unionists, are being killed. Should our Government not send a clear message to the Colombian Government that we will not tolerate that, and that we want to highlight things that are taking place on a daily basis?

--- Later in debate ---

[Jim Sheridan]

That is the objective of this debate: we are sending a clear message to the Colombian Government that what they are doing is simply unacceptable. We have sent clear messages to Syria and other countries on exactly the same issue.

[Paul Flynn (Newport West) (Lab)]

My hon. Friend is more fortunate than me, as my invitation to yesterday’s meeting is yet to arrive. I believe, however, that we, as parliamentarians, should send an important message to President Santos: in addition to the points raised this morning, we want to congratulate him on the courageous stand he is making to challenge the system that results in the prohibition of drugs throughout the world. We wholeheartedly support him on that.

[Jim Sheridan]

I am more than happy to concur with my hon. Friend, but, although I do not wish to be cynical, we have heard those words before. We are now at the stage where rhetoric is no longer acceptable and we are looking for deeds.

[David Simpson (Upper Bann) (DUP)]

I congratulate the hon. Gentleman on securing the debate. We know about the history of Colombia and the human rights abuses, and that it is probably the capital of drug barons. Furthermore, UN figures and the research papers cite 26,500 cases of presumed forced disappearance, and there are major concerns that Colombia is a network for people trafficking. Organisations such as the A21 campaign, and other groups in England, are greatly concerned. Does he agree that it is possible that people are being trafficked around the world?

[Jim Sheridan]

The hon. Gentleman is right—human trafficking in Colombia is an extremely important issue that I hope we will address seriously.

The international community will not remain silent while human rights abuses continue, and we must make clear our support for a proper peace process in Colombia. The conflict will end only with a peace process between the Government and the guerrilla groups, and the UK Government should do everything in their power to encourage all parties in the conflict to enter into serious negotiations. We must support civil society’s efforts for peace.

The authorities, and particularly the armed forces, readily label any ordinary Colombian, especially rural peasants or any Colombian they like—or, more accurately, do not like—a terrorist. They then kill or butcher them, or at best arrest them and lock them in jail without proper charges or trial. Until recently, the army offered holiday bonuses or promotions to personnel who captured or killed a FARC guerrilla, so it is hardly surprising that innocent people were being rounded up, shot and dressed as terrorists.

Two years ago, I visited Colombia together with some colleagues, and I met mothers who told me how their sons had been murdered. The authorities said that the boys were FARC guerrillas, and the army had even set up false employment recruitment agencies to offer those poor boys jobs in the countryside before simply executing them. Boys as young as 16 met that fate. Other mothers told us of sons who were killed and then dressed in guerrilla uniforms. When the mothers went to see the bodies, their sons were wearing FARC uniforms that the mothers had never seen before, despite their sons having lived at home. Remarkably, although the bodies had bullet holes, the uniforms they were wearing did not. The killing of a FARC terrorist earned the soldiers extra holiday. Killing an innocent boy and stuffing the body in a FARC uniform was—and still is—common practice.

The Colombian human rights movement calls such actions false positives. Thousands of people have been killed in that way, many while President Santos was Defence Minister. When I visited Colombia in 2009, the United Nations stated that the number of killings carried out by the Colombian army could constitute a crime against humanity. It also said that the figure for such killings that have not resulted in any conviction stands at 98%, and according to the Colombian Commission of Jurists, impunity for crimes committed by the army or paramilitaries stands at 99%—a shocking situation.

The current Government under Juan Manuel Santos—who I am happy to say is visiting London today; he is very welcome—have pledged that many things will change, and the international community is watching closely. Nevertheless, the number of ordinary Colombian civilians being killed is as high as before. Since President Santos came to power, 110 social activists have been killed, and 29 human rights defenders were killed in the first half of this year. No one has been brought to trial for any of those murders.

Sadly, just two weeks ago, the highly respected NGO, the Centre for Investigation and Popular Education, reported that under President Santos the army has continued to carry out extrajudicial executions—nine so far—and to report murdered civilians as guerrillas killed in combat. Amnesty International states:

“The security forces’ counter-insurgency strategy is largely based on the premise that those living in conflict areas are part of the enemy”.

Let me give some examples. Just last month, on 13 October, a student, Yan Lugo, was killed by a bomb thrown into a student demonstration in Cali. He was nearly blown in half. Ten other students were severely wounded. The police accused him of being blown up by a bomb that he was carrying. All the students deny that, but—surprise, surprise—no investigation has taken place, as far as we know.

An even more brutal story appeared earlier this year when three women from one family were massacred—butchered to death—by paramilitaries, in addition to two farm workers being shot. Those people were killed with machetes. The youngest, five-year-old Sorith Roa, had her hands chopped off. That happened on the same day that 1,000 local peasants organised an event to give testimony of army abuses in the region. It happened in an area controlled by the army, which, it seems, did nothing whatever about it and let it happen. Why were those women murdered? Was five-year-old Sorith a FARC guerrilla?

Those are just two examples of what continues to go on in Colombia today, and still no one is brought to justice.

[Jim McGovern (Dundee West) (Lab)]

I, too, took part in the visit to Colombia in 2009. Like me, my hon. Friend will be aware that people are murdered—shot to death, their bodies riddled with bullets. Then a camouflage uniform is put on them, but there are no bullet holes in the uniform, so there is no investigation. Does he agree that that is outrageous?

[Jim Sheridan]

That is a classic example of how the Colombian authorities carry out their business. My hon. Friend is absolutely right. He was with me, and we spoke to the mothers of the poor young men who were assassinated—massacred—in exactly the way he describes.

To return to the question of people being brought to justice, 98% of the crimes that we are discussing were carried out under the army’s nose. I fully appreciate that President Santos has promised widespread reform and “democratic prosperity”. One of his announcements was that he would disband the Colombian security police force, known as the DAS, which was notorious for its widespread links with paramilitaries. He has also set up an investigation into the links between DAS police and the paramilitaries. However, the 6,000 DAS staff are simply to be divided up among a new intelligence agency, the Office of the Attorney General, which is charged with investigating crimes, and the Office of the Prosecutor General. Therefore, that so-called reform, rather than purging one institution of its links to paramilitarism and crime, will place its members within the institutions charged with investigating those links. You could not make it up, Mr Williams.

Furthermore, the national security doctrine that governed the DAS will remain unchanged, which means that the new intelligence agency is likely to continue to view the political opposition and social movements as allies of subversion.

Under President Uribe, Colombia pushed through a justice and peace law that allegedly saw paramilitary forces demobilise. From that moment on, the Government have said that paramilitaries no longer exist. The growth of abuses by successor groups has forced the Government to recognise the violence, and they now call them “criminal bands”. However, that does not recognise the political and economic control that paramilitaries continue to exert in vast regions of the country, and it reduces the murders that they commit to random acts of violence, rather than classing them as politically motivated crimes.

Furthermore, the complicity and co-operation of Government forces with the groups continues. In the Casa Zinc massacre in Montecristo at 7 pm on 17 August, paramilitaries tortured and killed three peasants. Army troops were stationed nearby, but did not intervene. On 12 October, the San José peace community denounced army and paramilitary co-operation in the region, cataloguing a series of abuses, including threats, illegal searches and recruitment of minors. On 16 August, Rafael Andres Gonzalez Garnica, a peasant trade unionist, was assassinated in Cartagena del Chaira, Caqueta, an operational centre for the army, only a block from a police checkpoint.

An independent report by the New Rainbow Corporation states that, in some areas in Colombia, paramilitary forces follow once the army establishes control and that in others

“some members of the military forces seem to be one”

with paramilitary groups. That helps to explain why many human rights abuses occur in areas that the army controls.

I fully appreciate that President Santos has introduced, as the flagship of his approach, the land and victims law, the stated intention of which is to return land to the peasants from whom it has been stolen since 1991 and to compensate people who have been the victims of human rights abuses since 1986. However, the reality is that even if the web of quasi-legal documents that now tie that land to big business or even multinationals is untangled and even if, as is unlikely, peasants can win a claim to some land, they are likely to suffer the same fate as Ana Fabricia Cordoba—a community leader killed on 7 June this year. She had repeatedly told authorities that she was receiving death threats, but nothing was done to provide her with protection. She had led the community’s demand for their stolen land to be returned. She fled her home region in 2001, after her husband was murdered. She was killed 11 months after her son was also murdered—a crime allegedly carried out by the police.

[Jim McGovern]

Last week, Aidee Moreno—a Colombian trade unionist—visited Parliament. Her entire family has been targeted because of her trade union activities. Her brother, husband and mother have been brutally murdered by paramilitaries. Her niece has disappeared, never to be seen again. Under the provisions of the land and victims law, Aidee Moreno would be due some financial compensation. However, she does not seek compensation, because she says that it

“doesn’t compensate for all those years of suffering and injustice.”

Will my hon. Friend join me in sending best wishes and regards to Aidee Moreno?

[Jim Sheridan]

I, too, had the privilege and pleasure of meeting that brave young woman, who has put her life on the line for people in her community. I have to say, unfortunately, that time will tell whether her bravery is rewarded or whether she is found dead—killed—as well. We complain about the problems in relation to workers’ rights and trade unions in this country; it is a humbling experience then to see what happens to people in Colombia who stand up for their basic human rights.

The reality is that paramilitaries still control large regions of Colombia and that, while the army continues to collude with them, nothing will change. Until the Government acknowledge that paramilitarism still exists as a major force, despite Uribe’s justice and peace law and the supposed demobilisation, and unless they recognise the political motivation behind the abuses committed by those groups, nothing will change.

The land and victims law would be workable in a truly post-conflict situation, but this is not a post-conflict situation and illegal armed groups are everywhere. Additionally, peasant farmers continue to be displaced and those new victims will not be recognised. It is also disturbing that the victims, if they are to be recompensed in any way under the land and victims law, are forced to waive the right to seek justice for the crime that has been committed against them. They literally have to sign a document saying that they will not seek an investigation into the murder of their mother, father or husband. How can that possibly provide people with any dignity or peace of mind?

[Mark Durkan (Foyle) (SDLP)]

My hon. Friend rightly highlights the fact that the supposed aim of victims law 1448 is to offer victims restitution, but will not victims be unable meaningfully to pursue restitution when they are still at risk in circumstances of ongoing conflict? Does the law not fail to protect victims in many respects? Does it not offer protection to the victim makers? Is there not also the question of how indigenous people are meant to gain access to their lands when so many mining rights have been granted over huge areas?

[Jim Sheridan]

My hon. Friend is absolutely right: it is almost impossible for indigenous people in Colombia to reclaim their land, not simply because of the fear of death, but because of the behaviour of some large multinational companies, many of which are based in this country. Their behaviour in clearing peasants’ land is unforgiveable, and that must also be challenged.

In addition to buying people off and failing to provide any security to those trying to return to their land, the state has not put in place sufficient organisation to deal with the millions of claims, and it still will not recognise any state responsibility for abuses.

[Mr Jeremy Browne]

The hon. Gentleman said that British companies, or at least companies based in Britain, were driving indigenous people off their land in Colombia. I should be grateful if he named them, because I would wish to take up his concerns directly with those companies. If he could name them now, that would be very helpful.

[Jim Sheridan]

I am absolutely delighted that the Minister will take up that case on our behalf, and I will send him the list of companies that we are investigating. I am happy to provide him with that evidence. He can then clearly tell us what actions he, as a Minister, will take.

The land and victims law has arbitrarily established different cut-off points for recompense. The cut-off point is 1991 for victims of displacement and 1986 for victims of human rights abuses, thus denying recompense to those who were made victims before those dates. The land and victims law also arbitrarily sets 2005 as the end date for claims of victimhood. Victims must prove the political nature of crimes committed against them after that date, because the paramilitaries are considered to have demobilised after 2005, despite masses of evidence to the contrary.

The land and victims law effectively legalises displacement in cases where it is established that returning land would affect a region’s economic interests. It fails to recognise the phenomenon of urban displacement. Furthermore, the health and education benefits assigned to victims are not a form of recompense; rather, it is the duty of the state to provide such things to all Colombian citizens.

Worse still is the fact that, under the country’s new national development plan, priority will be given to industries such as mining and oil extraction. That rules out returning any lands that fall into those categories where it is claimed that doing so would affect a region’s economic interests. Ever more people are being displaced as a means of gaining access to land that is rich in resources. In the Meta department, 2,500 families are due to be pushed off their land by the armed forces. The military has accused them of being FARC families, putting their lives in grave danger. Is it purely coincidental that coltan—a highly valuable mineral—has been discovered in the area, which is also highly likely to contain oil?

The land and victims law effectively divides the victims movement, recognising some victims and rejecting others, depending on when the abuse occurred. It also divides victims into those who think a little compensation is better than justice, therefore playing on the desperation of the usually poor victims. For those who try to go home, the continuing existence of paramilitary groups makes doing so a deadly proposition.

Although the President should be given credit for finally recognising the existence of victims, the land and victims law has done more for the Government’s political reputation than for victims themselves. Alongside this law, reforms are being made to the judiciary. That includes returning cases involving crimes committed by soldiers to military courts, opening the way for continued impunity, with no one being brought to justice for the thousands of civilian executions that soldiers carried out in cold blood.

To return to the ongoing extra-judicial executions and the general human rights carnage, it is terribly sad that the Colombian Government refuse to acknowledge that politically motivated paramilitaries continue to exist, that their own forces are responsible for extensive killings and that, despite efforts to the contrary, no progress has been made on impunity.

Trade union activists in Colombia risk their lives in their attempt to bargain collectively for better pay and conditions. Colombia is the most dangerous place in the world to be a trade unionist. In 2001, a British trade union delegation travelled to Colombia to meet colleagues there. Its members were so horrified by what they encountered—the lack of basic human rights and a general free hand to kill trade unionists—that they came back to Britain and, with other unions here, established the excellent NGO, Justice for Colombia, which belongs to every major UK trade union, such is the strength of feeling among unions here about the basic right to pursue collectivism to improve working conditions.

Some 2,908 trade unionists have been killed in Colombia since 1986, and 23 have been killed this year alone. Before anyone else mentions this, I should point out that the Vice-President is a former trade union leader. The embassy seems to think that that will convince us that things have changed, but in reality, it has changed nothing for trade union activists.

At 10 pm on 16 August, trade union activist Rafael Andres Gonzalez Garnica was murdered while having dinner with friends in a restaurant. He was shot dead just yards from a police checkpoint in the department of Caqueta, which locals suspect was being manned by police and paramilitaries. On 22 August, trade union activist Alfonso Diaz Villa was assassinated near his home. He was a regional leader of the university workers union, SINTRAUNICOL, and he had been receiving death threats since 2005. Despite the danger in which the union’s leaders find themselves, the Colombian Government have suspended the protection scheme for them, belying the regime’s claims that trade unionists are given adequate protection. As usual, the murderers are not brought to justice. According to Human Rights Watch, people have been brought to justice in only 10% of cases, although almost 3,000 people have been killed.

The British unions and their NGO, Justice for Colombia, formed a parliamentary group of MPs and lords. Together, we will continue to fight for the safety, well-being and rights of our friends in the Colombian trade union movement and of others fighting for justice in Colombia. Our main priority is to help to encourage the parties to the Colombian conflict to engage in a proper peace process that achieves real social justice, because the conflict will not end without it. A colleague will come on to this issue in more detail later, but I want to highlight early-day motion 2276, which we have tabled to that end. I call on the UK Government to use their influence to support that aim.

Justice for Colombia and the MPs and peers in its parliamentary group are often the subject of underhand slurs and insinuations, but we understand that that is par for the course, and we will not be deterred. Meanwhile, I hope President Santos’s words will soon be translated into actions. For too long, our intelligence has been insulted by the Colombian Government, who think that we will be convinced by flowery speeches and well-meaning words. The Colombian people have suffered enough—it is time to see action.

[Martin Horwood (Cheltenham) (LD)]

I welcome the debate. It is timely that the hon. Member for Paisley and Renfrewshire North (Jim Sheridan) has obtained it to coincide with the visit to this country of President Santos. The account that the hon. Gentleman gave of the violence and abuse being meted out to individuals and whole communities in Colombia was very moving and disturbing. While I expect the Government will want to emphasise trade and positive co-operation on such things as climate finance during the visit—those things are extremely positive—it is right that human rights should play a prominent part in the debates surrounding the visit, and in the Government’s specific discussions with President Santos.

The record is still very poor. The ABColombia group of British NGOs working in Colombia reported in recent documentation that the total number of people assumed —even by the Colombian Attorney-General’s office—to have disappeared for political reasons in Colombia is 27,000. That is an astonishing number. The Catholic Fund for Overseas Development reports that attacks on human rights defenders and community leaders have, if anything, escalated in recent years, despite the positive statements that President Santos made when he came into office. In fact, it says that 54 human rights defenders or community leaders have been killed in the first year of the President’s term of office. A local NGO reported 174 different acts of aggression or violence against human rights defenders.

The hon. Member for Paisley and Renfrewshire North is right to highlight the position of trade unionists in Colombia, which seems uniquely vulnerable. An International Confederation of Free Trade Unions survey this year reported that 49 trade unionists had been killed in Colombia—more than ICFTU reported killed in the whole of the rest of the world. Even the country’s Government admit that 37 people have been killed simply for their trade union activities. Amnesty International tried to get to the source of the killings of trade unionists, and its analysis suggested that roughly half were paramilitary groups completely outside the control of state agencies and that a very small fraction were guerrilla movements such as FARC; but Amnesty reckoned that more than 40% were connected to state forces. That is an extremely troubling statistic in any country that aspires to democracy and the rule of law, as Colombia clearly does. It has ratified international human rights conventions, and International Labour Organisation conventions on the rights of trade unionists; yet until last year, it had been on the ILO trade unionist rights blacklist for 21 years in succession. That is a pretty appalling record.

The Foreign Office has recognised the seriousness of the human rights situation in Colombia, and I have many times praised and welcomed last year’s human rights report by the Department and the Secretary of State, which highlighted issues about Colombia. It also highlighted another issue dear to my heart, since as well as being an occasional Liberal Democrat spokesman, I chair the all-party group on tribal peoples. The Government’s report sets out very well the vulnerability of indigenous peoples. It is not only illegal armed groups but commercial interests—in mining, rubber and palm oil—that are effectively involved in land grabs and some of the worst violence against any communities in Colombia. Twelve people were killed in the worst massacre, in 2009, of the Awa people, including a three-year-old child and an eight-month-old baby. That is the level of violence and abuse. As always, tribal people’s rights are connected to land rights.

The present Government must be given some credit. The hon. Member for Paisley and Renfrewshire North talked about the victims law; ABColombia highlighted that and, indeed, many of its weaknesses and the interaction with the economic situation. They nevertheless described it as

“an important step forward in recognising the need to restore land to Colombia’s victims.”

There is a slight danger that if we criticise every aspect of progress we shall end up discrediting every attempt to make progress. President Santos has made positive statements. He has talked about the “firm and unavoidable commitment” to the defence of human rights.

My hon. Friend the Minister has been active in positively promoting human rights in Colombia, seeking an active role for the embassy in co-ordinating with civil society and the Government in recognising the importance of human rights and their defenders. On his August visit he met a variety of Colombian Ministers, including, I notice, the Minister of Defence. Are we planning any co-operation with the Colombian Government on military-to-military links, to try to re-emphasise the role of the military in a democratic society? That role is difficult for some military establishments in new and fragile democracies. We see it played out in Egypt, where the military are reluctant to submit to full scrutiny and to full exposure of abuses that have been going on for years. They are reluctant to step back from a role of assumed oversight of the welfare of the country. However, that is what the military must do: they must be forced to step back and tackle the abuses in their own organisation, and the connections, indeed, to some paramilitaries, which still clearly exist in Colombia. Are the British Government actively promoting such change in the Colombian military?

Apparently 298 members of the military have been convicted of human rights abuses, which is a positive development. When President Santos was Minister of Defence he sacked 27 military officers, including three generals, and as the hon. Member for Paisley and Renfrewshire North said, he disbanded the DAS organisation; so positive steps are being taken.

[Jim Sheridan]

The hon. Gentleman is right; they were sacked—but none of them was prosecuted.

[Martin Horwood]

That emphasises the importance of seeing such commitments through, and taking a thorough approach to transparency and accountability among the military. I was going to say that although 298 convictions sound like a huge number, the total number of outstanding cases under investigation as of September 2011 was 1,486. The figure of 298 is a fairly small percentage.

I shall not take more time, because other hon. Members want to speak. I recognise the positive work that the Minister is doing to promote human rights in Colombia, and it is welcome, but my fundamental question to him is about the concrete steps he has managed to discuss with the Colombian Government, to try to make a difference to the underlying violence and abuse that are clearly still present in Colombian society. What steps are we taking to collaborate with and support the Government in taking those concrete, definable steps?