Sunday 11 December 2016

Colombia nearer to peace after talks breakthrough

Published 24/09/2015 | 13:25

Colombian president Juan Manuel Santos, left, and FARC Commander Timoleon Jimenez shake hands in Havana, Cuba (AP)
Colombian president Juan Manuel Santos, left, and FARC Commander Timoleon Jimenez shake hands in Havana, Cuba (AP)

Colombia president Juan Manuel Santos and leaders of the country's largest rebel group have vowed to end Latin America's longest-running armed conflict in the coming months.

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It comes after the parties reached a breakthrough in talks that put the country closer to peace than it has been in half a century.

Speaking in Havana, Cuba, Mr Santos announced that government and rebel negotiators, prodded by Pope Francis to not let a historic opportunity for peace slip away, had set a six-month deadline to sign a final agreement. After that, the Revolutionary Armed Forces of Colombia would demobilise within 60 days.

"We are on different sides but today we advance in the same direction, in the most noble direction a society can take, which is towards peace," said Mr Santos, minutes before a forced, cold-faced handshake with the military commander of the FARC guerrillas, known by his alias Timochenko.

The US government lauded the breakthrough, with secretary of state John Kerry saying that "peace is now ever closer for the Colombian people and millions of conflict victims".

In a joint statement, Mr Santos and the FARC rebels said they had overcome the last significant obstacle to a peace deal by settling on a formula to punish human rights abuses committed during about 50 years of bloody, drug-fuelled fighting. It is designed to demand accountability from belligerents while insulating a deal against possible legal challenges from victims.

Under the terms, rebels who confess abuses to special peace tribunals, compensate victims and promise not to take up arms again will receive from five to a maximum of eight years of labour under unspecified conditions of confinement, but not prisons. War crimes committed by Colombia's military will also be judged by the tribunals, and combatants caught lying will face penalties of up to 20 years in jail.

While a final accord may be within reach, the huge challenges of implementing it are just beginning. Negotiators must still come up with a mechanism for rebels to demobilise and then the government needs to come up with additional money to spread the benefits of peace in parts of Colombia's vast, jungled countryside that have known little else than war.

A more immediate test will come in a referendum giving Colombians a chance to endorse or reject any deal, which must also clear congress. Foreshadowing what is likely to be a bitter political fight, conservative former president Alvaro Uribe called Wednesday's agreement a gift to the FARC even before details were known.

"This is a bad example for society that will generate more violence," said Mr Uribe, whose military offensive last decade thinned the FARC's ranks and pushed its leaders to the negotiating table.

While peace talks had dragged on for years in Havana, Wednesday's agreement was reached after a week of negotiations at the Bogota apartment of a former president of Colombia's constitutional court, two of the six lawyers involved in the talks told the Associated Press.

Negotiators said it came as rebels rushed to demonstrate progress ahead of this week's visit to Cuba by Pope Francis, who during his stay on the communist-led island warned the two sides that they did not have the option of failing in their best chance at peace in decades.

"Without even being present physically in the room he was a very important presence," said Douglass Cassel, a University of Notre Dame law professor who represented the government in the talks.

The sticking point was what would happen if the FARC lied to special tribunals, and guarantees that the rebels would not be extradited to the US, where they face charges for cocaine trafficking, if they honoured their commitments, according to Mr Cassel. The breakthrough came during a 20-hour negotiating session last Thursday that wrapped up at 5.30am, just three hours before the FARC's advisers were on a flight to Havana to get the commanders' blessing.

In the end negotiators fell hours short of receiving the pope's blessing but advanced faster and further than anyone could have imagined.

Both sides had already agreed on plans for land reform, political participation for guerrillas who lay down their weapons and how to jointly combat drug trafficking. Further cementing expectations of a deal, the FARC declared a unilateral ceasefire in July.

But one issue had seemed almost insurmountable: How to compensate victims and punish FARC commanders for human rights abuses in light of international conventions Colombia has signed and almost unanimous public rejection of the rebels.

The FARC, whose troops have fallen to an estimated 6,400 from a peak of 21,000 in 2002, have long insisted they are not abandoning the battlefield only to end up behind bars. They say that they would only consent to jail time if leaders of Colombia's military, which has a litany of war crimes to its name, and its political elite are locked up as well.

The government insists the framework does not represent impunity for guerrilla crimes such as the kidnapping of civilians, forced recruitment of child soldiers and sexual violence. Only crimes such as rebellion will be amnestied.

But Human Rights Watch said it was difficult to imagine how the provisions could survive a review from Colombia's constitutional court and the International Criminal Court if those who committed abuses do not spend a single day in prison.

Supporters, however, are optimistic.

"The most important court the agreement will face is the court of public opinion in Colombia," said Bernard Aronson, US president Barack Obama's special envoy to the Colombian peace process. "There's a tremendous longing for peace after 50 years of war and I'd be surprised if a final settlement didn't receive support."

Press Association

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