the 'mental route' (1)

7/28/2019 The 'Mental Route' (1)

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The 'Mental Route' of negotiation with the FARC

By Juanita León

Translated for La Silla Vacía by Matilda Villarraga

Sergio Jaramillo, the High Commissioner for Peace, rarely speaks in public since thespokesman for the FARC negotiating team is Humberto de la Calle. Nevertheless,last week in the Universidad Externado he delivered a speech outlining what might

be called the Doctrine of the Negotiation. Finally, someone in the governmentexplained how they are thinking the negotiation, which is the port of arrival and theconceptual structure of the whole process in Havana.

According to Jaramillo, the process is designed in three parts.

The prior phase in which the conditions were created to begin to negotiate, thatsomehow gives coherence to several of the biggest stakes that Santos faces in thefirst year: the fight with Uribe for admitting explicitly that there was an armedconflict and not a mere terrorist threat; the victims' law; and the constitutional

reform of the Frame for the Peace, which would eventually allow to judge only tothe maxima responsible for atrocious crimes of the guerrillas and the other ones notto judge them or to impose alternative penalties on them as helping to demine, theProsecutor said yesterday.

The negotiation phase, which is where we have been almost five months; accordingto this doctrine it is to resolve "the core of problems that must be resolved to makepeace possible." Basically the government believes that if it creates genuine welfarein the rural sector and guarantees that the guerrillas will become a politicalmovement that pursues the same revolutionary purposes but through the ballot box

and not be achieved through weapons, it would manage to end the armed conflict.The negotiation consists in creating the conditions for these two transformations.

Then, there would come the phase of transition that consists of the tasks that theFarc and the Government have to fulfill to be able to enter the construction of peace. This implies recognizing the rights of the victims, clarifying the truth of theevents and finding a formula to prevent the guerrillas who leave their weapon fromspending the rest of his days in a jail. This transition will be the most difficult.



If the phase of reconstruction is done as he sees it, there will be a realtransformation of the rural areas and most backward which have traditionally beenunder the guerrilla control to ensure that it does not become war. This implies astate mega inversion, new institutions and an intense involvement of thecommunities.

Jaramillo does not say it explicitly, but this is the true political participation that it’sinteresting to the guerrilla: the transformation of the rural areas by the hand of thecommunities will be led by them in their regions.

This, in some way, would legitimize in their eyes and before the "people" the 40years of guerrilla life. In addition, they might turn into votes the proceeds of thistransformation. Especially because if someone is organizing communities andpreparing them for this phase is Marcha Patriótica, where surely the guerrillacommanders will land in the future.

But for the Farc to actively participate in this phase, the Government demands as a

precondition that they have left their arms. The latest statements of the FARC haveshown that they are planning to leave them after this stage. This will be, then,another hard point of negotiation, but it is possible that in the tragic experience of the UP they have learned the lesson that weapons and politics is a lethalcombination. Or that they keep their weapons, but only supervised by aninternational agency.

In any case, posing the process as it is, more than a transaction between guerrillasand the Establishment this negotiation would be working together for a profoundtransformation of the rural areas and the conditions for opposition politics to thebenefit of the majority of Colombians.

"We are then faced with a time of decision-making as occurs only once in ageneration. That is something we cannot forget," said Jaramillo. We hope that theirboss will not forget this and that Timochenko does not forget this. Clearly to theconservatives proposing to 'suspend' the negotiations until after elections it has notcrossed their minds.

1. It is accepted that there is an armed conflict

'The first was to recognize that one does not cure a disease, or solve a problem, if

you do not call things by their name. And the name of this problem is 'internal

armed conflict'. Suffice it to say: conflict with the FARC and the ELN, and no one

else.’...

2. Victims’ law issued



"The second put in the frontrights is the basis of the pro

3. Chavez, the new best frie

"The third, to create a favorbe a stand for peace in Coloachieved the President andintegration."...

4. Draw out Framework for

"The fourth open a constitutFramework for Peace, to whi

5. Discussion and Agreemen

"And the fifth assemble togethat has its center of gravitya phase of peace building, i.

6. Start Negotiation

"The foundation of the transdeveloping points of the Genational life.

There are five substantive p

directly with the terminationsolved to make peace possiof each person. Everythingdemocracy"...

a. Agricultural Developmen

row the victims, with the Victims’ Law. Ecess."...

nd

ble international environment, ensuringbia, and not an impediment. That's wh

is Chancellor with their strategy to prom

eace

ional space for transitional justice, the soich I shall return later."...

t of Framework Agreement Negotiation

ther a methodical process to reach peaceon the idea of ending the conflict in orde

e. a transition phase."...

ition will be the agreements we reach ineral Agreement, which do not include all

ints -plus a sixth of guarantees- which h

of the conflict and form a ‘hard core’ of le, regardless of political stripe or the pollse is part of the political contention won

nsuring their

that the regiont they haveote regional

called Legal

, a processr to move into

avana, inaffairs of

ave to do

roblems to belitical ideologyby votes in



"Agricultural development: ttransformation of the rural swhich causes poverty, consevirtuous cycle of prosperityrepetition of the conflict.' .

a. Political Participation

"Political participation: all sutransformation of armed grotransformation of conflict. AGuarantees for groups: theyrisks, and guarantees for so

and weapons, as the Presid

b. Drugs

"The drug problem: the peacrime, but it can help dramato get out of the trap of illici

c. Victims’ Rights

"The General Agreement cois not to negotiate the rightlast year that it is rather tovictims on their rights in an

8. Agreement Endorsement

"In the words of the Presidepopular endorsement. It shaAgreement or not, and therThere will be an opportunityexpress their disagreementsociety, which is what they

he Government thinks that without a proector to break the cycle of violence in thquently fueling more violence- and the cnd stability, we are not guaranteeing th

ccessful peace processes in the world leaups into political movements; this is precd the bases of this transformation are thcan participate on equal terms and withiety: to break forever the relationship b

nt said. "...

e process will not solve the problem of otically reduce their territorial expression,t crops, tens of thousands of Colombians.

tains -for the first time- a point on the viof victims.The Government has said repee how this and the FARC are going to rscenario of the end of the conflict ."...

t, a Final Agreement would have a mechll be all citizens who vote whether to appfore, what we agree is always conditionefor those who are devoted to the fiercestemocratically, rather than systematicallave been doing.

oundcountryside -eation of anon-

d to aisely thee guarantees.ut securitytween politics

ganizedand above all,"...

ctims. But thisatedly sincespond to

anism forrove thed by that vote.opposition tomisinforming



The legal instrument for thethat it’s not a National ConsAssembly to endorse a peacnew legal order of the natiois rather to transform realitythe circle and devote all effoof protection of the fundam

9a. Surrendering weapons

'Peace is not receiving a riflthe weapons out of the waysocial pact in the regions. T

9b. Implementation of the a

'The end of the conflict: thisAgreement, as agreed at thcomprehensive and simultathe FARC, and implementati

* Restitute and redistribute

"The idea of the transition isrestoration, or enhancemenby the very success of the trefforts of the transition inter

If the reconstruction after hnecessarily justice - justice,guide and constrain the behthem. More dimensions of w

I begin with the most practithe territorial justice. It’s evprotect the rights of land owprogram for the restitutionand the conflict took away;have a much greater impact

Similarly, the conflict served

endorsement has not been decided. Butituent Assembly. One does not make a Cagreement; that is not its purpose, but

. Which is the opposite of what this procto put the last link of the Constitution of

rts of the State and society to materializntal rights contained in the Constitution.'

e to deliver a taxi or a bakery. It is, agaiin order to transform some territories anguarantee that there will be no war agai

greements

is a process to end.. With the signing of General Agreement - begins a process o

eous surrender of weapons and return ton of security assurances. ' ...

land

also a normative idea: it moves towardof an order or a level playing field, whicansition. It is at that point where the recsect with the dilemmas of justice.

lf a century of conflict has multiple dimeunderstood as the set of basic principlesvior of politics and society - also will hav

hat we are accustomed to call 'transition

al dimension, which I'm going to call therything there is to do in the territories t

nership. The Government has already stf land to return to each person what belohis, in a stage of transition, without confl.

-as it is well known- for drug money and

hat is clear isonstitutionalto create ass is about: it91, to closethat promise

...

, to removerebuild the

n. '...

he Finalf civilian life of

ompliance, oris measurednstruction

sions,and rules thate to havel justice'.

problem of restore and

rted thenged to themlict, would

all kinds of



illegal activities to acquire the best land in the country; and with violence andcorruption the State was deprived of enormous quantities of unused lands.

In both cases the aim is to reverse the effects of conflict on the territory andownership of the land; and for this reason there are expeditious mechanisms of exception during a limited time of transition. All this effort should result in additionto a strengthening of the scope of justice and the rule of law in the territory, whichis the true guarantee of non-repetition.

A second dimension of justice in transition, we do not usually mention, is thedistributive dimension. If we are betting on a territorial peace after half a century of conflict, that peace has to be inclusive, has to meet the needs of all. Of the victimsof course, but also those who without being direct victims suffered the effects of war on the territory. We can't forget all those who did not leave their homes, whosuffered from the conflict, who became poorer with the conflict and who requirespecial attention.

We have to distribute, and above all we have to distribute land, with assets andcapabilities to make use of them. For that we have to make a fair weightingbetween direct victims' rights and the needs of the poorest on the countryside. "...

a. Transforming the field with community participation

“As I said, we are building in Havana agreements that will be the basis of thetransition. But those agreements only establish the ‘what’. For the 'how' to dothings on the ground, with which priorities, they are not going to be decided by theGovernment and the FARC, that is going to be decided by all citizens in the regions,

in a great exercise participation and joint construction of peace in a later phase of transition.

An exercise, needless to say, carried out without weapons. One could say that toearn the right to participate in the transition one must leave weapons first. That isthe vision that is behind the General Agreement of last year: signing andsimultaneously starting the surrender of arms and the implementation of what wasagreed.

La construcción conjunta de la paz requiere que abramos en las regiones nuevosespacios de participación, de debate, de sana deliberación democrática entre

personas que se tratan como iguales en sus derechos y libertades –entreautoridades, comunidades, víctimas, agricultores, ganaderos, empresarios,comerciantes y también excombatientes reincorporados– para discutir cómo vamosa implementar esas cosas que se acuerden.

The joint construction of peace requires us to open new spaces in areas of participation, debate, healthy democratic deliberation among people who aretreated as equal in their rights and freedoms, among authorities, communities,



victims, farmers, ranchers,discuss how we can implem

We also have to think of netransition, within the currenwhich is not at issue. For exirrigation districts, or smallperfectly be the ones to orgworks under the supervision

These spaces of democraticthe sense of forgiveness, thidecides in their own consciea level playing field by all, tcommon purpose that is the

What is at issue here, then,

peace in a transition phase.”

b. Resolving the legal situ

"First: the Framework [Legastatutory law 'activate' the cwill not happen while Presid

current discussion about the

government has neither ma

'And in the field of justice, Icase of the guerrillas who arthat -oddly enough- lived inand Peace, we are not startirelentless with the FARC anHavana have dozens of conv

What will be the treatment i

on this comprehensive strat

should be reflected in a law;transparently. And it will alsare willing to deal regardingsubjects in the comprehensi

What no one can say is thattoday is a show in the discuothers of a series of people

usinessmen, traders and veterans also rnt these things to be agreed.

ways of organizing communities to takepolitical and administrative organizationmple: whether to develop a new prograqueducts to bring clean water, communinize to prioritize, build, manage and maiof the municipal authorities.

deliberation may also be spaces of recons is something that belongs to each indivice and in their heart, but in the sense oe reconciliation in the sense of working aconstruction of the peace in the territory

is to achieve a real mobilization of societ

...

ation of the guerrillas

l for Peace] requires that the Executive tonstitutional instrument. That has not hant Santos so decides. I say this to highli

Framework is necessarily pure speculati

e a decision, nor submitted a project. "..

would like to say the following. The firste in conflict with the State, unlike the pa judicial anonymity and only came out of ing from scratch: the Colombian justice hthe ELN. The people with whom we're t

ictions and arrest warrants for all crimes.

a transitional phase? This is going to de

gy: an adequate treatment of the victim

a law that will be discussed open, demodepend on what the FARC and, eventua

facing their victims. If the perpetrators ae strategy, there is no possibility of solu

there will be no impunity. What we aresion on impunity, in some cases in goodhat I would call 'last minute punitivists' t

instated, to

forward theof the state,

of roads, ories canntain such

iliation. Not inidual whoacceptance of round this.

around

roughppened andht that all the

n. The

.

hing: in theamilitariesit with Justices beenlking in

pend precisely

' rights which

ratic andlly, the ELNre not activeion.

itnessingfaith, but inat ten years



ago were supporting amnesbe the Inquisition.

The Government's positionno general amnesty for thestransitional justice, on the bcompleteness, in which all wframed on the international

c. Ensure their political p

"Here one must know how tof the FARC and, eventually,lawful political movement, f the individuals, whose particof transitional justice. As thby case basis"...

d. Recognize the rights of

"Second, within all this the cnecessarily measured by thbelieve that the error has battention should be the victimaximum possible satisfacti

I will not address all elemenconstitutionalization for the

solution that includes all thecentral aspect, which is the i

'Integral' in two senses: a st justice and reparation, but athe maximum of violations t

Those who insist otherwise,investigated case by case, frend is a de facto impunity.and we have to do it in a sm

The Government has alreadthing is what might be doneopportunity to implement suphase, a phase of closure. ".

ies for the paramilitary groups and today

n this issue is very simple: in Colombia,e groups. The only way is a comprehensiasis of conditionalities that guarantee theill have to give and that necessarily willbligations of the Colombian State.' ...

rticipation

distinguish: one thing is a future politicthe ELN - as organization, surely, afterr which there is no impediment-, and anipation will depend on what happens in tGovernment has said, it shall be determ

victims

oncept of impunity is used and abused. Idegree of satisfaction of the rights of vic

en focused merely on the perpetrators.s, center forcing the Framework: to giv

on to their rights in the transition.

ts of the Framework, its exceptional charights of victims, its proposal for a compr

persons involved in the conflict-, I only iidea of a comprehensive strategy.

rategy to integrate and weigh up the righlso comprehensive in the sense that it cahat have been committed.

in thinking that violations of 50 years of ankly are lying to themselves. What wee already know that way we'll never rea

arter way.

started the task with the Victims’ Law.if we signed a Final Agreement. This wouch a comprehensive strategy in a truly tr..

would like to

here will bee strategy for

ave to be

l participationecoming ather thing,ese processesined on a case

mpunity istims. Wet the center of the

cter, itshensive

sist on its

ts to truth,n encompass

ar can beill find in theh the end,

ut anotherld be a uniqueansitional



e. Clarify the crimes committed during the conflict

"In matters of truth, one could say that Colombia produces a lot of wide knowledge- that's what the center of Historical Memory does daily-, but there is rather little

recognition; and we also lack clarification: there are thousands of families of kidnapped and missing persons who don't know what happened to their loved ones.A phase of transition has to lead necessarily to be given response to these families;a society cannot function with so many open wounds, with so many privatetraumas.

In the matter of reparations, the Government has embarked on an ambitiousprogram, but if we have peace in the territory, there are other things one can dowith regard to the recognition of the victims, to actual guarantees of non-repetition,to the rebuilding of trust in institutions and in the rules - the rules of the game -that is, as rightly Paul de Greiff said, one of the worst effects of victimization. "...

the 'mental route' (1)

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