BOLIVAR’S SWORD

Venezuela’s Recognition of the Colombian Insurgency

by Paul Wolf

“Now go and smite Amalek, and utterly destroy all that they have, and spare them not; but slay both man and woman, infant and suckling, ox and sheep, camel and ass.” — I Samuel 15:3

Venezuelan President Hugo Chávez took the world by surprise in January when he asked the Colombian government to stop calling the Revolutionary Armed Forces of Colombia (FARC) and National Liberation Army (ELN) “terrorists.” Chávez then appealed to the international community to formally recognize the belligerent status of the two insurgent groups. Then came a resolution of the Venezuelan National Assembly backing the president’s statement. It comes very close to the legal recognition of the FARC and ELN by the Venezuelan government. Not quite as exciting as the recent release of two hostages by the FARC, to be sure, but far more significant.

The Colombian government reacted to the Venezuelan declarations by panicking. Reinforcements were called in from the USA. Admiral Michael Mullin, Chairman of the Joints Chiefs of Staff, flew to Bogotá to publicly affirm that, indeed, the Colombian guerrillas are terrorists. Then Jan. 19, Colombian President Alvaro Uribe flew to Europe to launch a “diplomatic offensive,” fearing that the European Union will consider removing the guerrillas from their official terrorist list. Yet the implications go well beyond labeling and name-calling.

First of all, recognition of the FARC and ELN as belligerents would provide Venezuela with a legal basis it could use to intervene in the Colombian conflict, either by arming the guerrillas, or more directly. There is no indication that Venezuela would want to do that, but legal recognition is a step in this direction. Venezuela can treat the government and the insurgents on equal terms. This is quite threatening to the Colombian government.

On a more positive note, recognition of belligerent status brings with it the responsibility of the guerrillas to act in accordance with the Geneva Conventions, which among other things, prohibit kidnapping, killing civilians, and using indiscriminate weapons. Opening this door for the FARC might, for the first time in 50 years, offer an incentive for the group to mend its ways. For the ELN, decimated by the murder of thousands of its cadre over the last decade, it could offer a way to get out of this alive. The ELN is already in negotiations with the Colombian government, which are being mediated by Cuba. They are slow-moving and the ELN is not demobilizing. That could change.

While Colombian politicians are busy wringing their hands over what they anticipate will be a debate over this in Europe, and some conservative politicians are even warning that Venezuela may intervene in the Colombian conflict militarily, it’s far more productive—and, presumably, President Chávez’s intent—to consider recognition of belligerent status as the best way to bring the insurgency under control. Colombia’s relentless media campaign, the goal of which is always to denounce the guerrillas as terrorists, may stimulate the troops, but it has an equal and opposite effect on the guerrillas. The repeated use of this term, “terrorist,” is calculated to inflame the conflict, not resolve it. It is pointless to talk about negotiations when one of the parties won’t tone down its rhetoric.

So how can recognition of the belligerent status of the guerrillas help to bring peace? First of all, there will no longer be any excuse for not engaging in a dialog with the guerrillas. The Colombian government will be forced to negotiate, and that is the only way the conflict can ever end. Secondly, the guerrillas will have an incentive to not engage in the kinds of behaviors that the Colombian government is so quick to point out. These are two good reasons for supporting Chavez’s position.

It’s useful to take a look at the laws that apply here, to understand what is at stake and where things may be heading in Colombia. Let’s digress for a moment and consider how the term terrorist is used to equate one’s enemies with the people responsible for blowing up the World Trade Center. That’s the comparison people using the term want to make.

War has always been an awful business. It’s the ultimate expression of man’s capacity for barbarism. Efforts to rein in the worst of it reached their zenith following the horrors of World War II, in the form of multilateral treaties stating that humanity would no longer tolerate torture, genocide, and the wholesale bombing of cities. The wars of the future would be conducted by humanitarians, it was believed. Unfortunately, the tactics of war have become more, not less, brutal.

Today’s wars are not, as a rule, waged across the national borders of the opponent. They are waged in homes, streets, universities, and meeting places, through subversion, infiltration, and guerrilla warfare. Today’s combatants include civilians, guerrillas, special operations forces, and paramilitary death squads. That’s an unfortunate but undeniable fact. Whether they’re homegrown revolutions, or proxy wars for global domination, the modern day combatant could easily be described as a terrorist.

The traditional laws of war are entirely too chivalrous and impractical for the modern-day warrior. Revolutionaries lack the capacity for regular warfare or the facilities to take care of prisoners, whereas the government often lacks the popular support needed to separate the revolutionary cadre from the civilian population. The reality is often that both sides engage in terrorism to discourage the civilian population from supporting the other. Governments don’t respond to insurgencies according to legal rules and procedures, but on the basis of prudential calculations, despite the fact that their citizens value the avoidance of gratuitous suffering and destruction. Likewise, insurgents promise a better society while justifying the brutal methods of guerrilla warfare on the basis that they have no other way to win. For both, the laws of war are seen as somewhat sentimental and naïve when applied to their own side. Human rights finds its use in the moral justifications of war propaganda and the denunciation of atrocities committed by the enemy. It’s rare indeed for human rights defenders to criticize their own. Yet this was the noble intention of the founders of the League of Nations and the United Nations who sought to create a more humane world.

So how should insurgent groups such as the FARC, ELN, Hezbollah, Hamas, and the Popular Front for the Liberation of Palestine (PLFP) be treated by the international community? Should we make a list of groups using irregular warfare methods – a list that could include practically every insurgency in world history – and call them terrorists? It seems wildly unrealistic to try to impose order in the world by labeling insurgents as the enemies of mankind. Simón Bolívar and George Washington would, by today’s standards, be candidates for the terrorist list. So how does international law treat insurgent groups?

Traditionally, the legal status of an insurgent group depended on their degree of success. When an insurgent group was able to maintain a sustained campaign and control a substantial portion of the national territory, the counter-government could be accorded insurgent status by third states, which would thereafter be obligated to take into account the condition of warfare in their relations with the state. If the hostilities persisted, it was permissible, and perhaps even obligatory, to recognize the condition of belligerency, provided that insurgent forces acting under responsible authority observed the rules of warfare, and that there was some need for the third state to define its attitude towards the conflict. This need could occur if the rebels became so strong in some geographical area that the third government found it necessary to deal with them as well as with the established government. Recognition was simply made by public declaration. Formal procedures for third-party recognition have never existed, except in the very rare cases where the parties agreed to submit their disputes to a tribunal for settlement.

The classic example of a belligerency is the American Civil War. The North declared the South to be in a state of belligerency, for the purpose of asking European nations to respect a blockade of Southern ports. This declaration was upheld by the US Supreme Court. In the Prize Cases, Justice Robert C. Grier held that large-scale insurrection constitutes war in the legal sense:

Insurrection against a government may or may not culminate in an organized rebellion, but a civil war always begins by insurrection against the lawful authority of the government. A civil war is never solemnly declared; it becomes such by its accidents – the number, power, and organization of the persons who originate and carry it on. When the party in rebellion occupy and hold in a hostile manner a certain portion of territory; have declared their independence; have cast off their allegiance; have organized armies; have commenced hostilities against their former sovereign; the world acknowledges them as belligerents, and the contest is war… Therefore, we are of opinion that the President had a right jure belli [war power], to institute a blockade of ports in possession of the states in rebellion, which neutrals are bound to regard.

This was a rare example of a nation formally declaring a state of belligerency within its borders, for the purpose of obtaining foreign assistance in blockading the rebels. Such declarations are rarely made, because the recognition of belligerency also implies the formal recognition of other legal rights of the insurgents. Any government would be ill-advised to acknowledge that such rights exist. In fact, no government has formally recognized the belligerent status of insurgents within its territory since World War II.

In today’s world, there is almost no reliance by third states on the traditional legal definitions of rebellion, insurgency, and belligerence. Instead, governments normally determine their relations with the competing factions on the basis of their own foreign policy goals. This often translates into supporting the forces of “law and order” in allied states, and the forces of “self-determination” in rival states. Nevertheless, the legal status of insurgents should be a matter of serious concern to the courts, which are supposed to decide cases based on objective legal standards, rather than on whether the defendant is a member of an official enemies list. That is the rule of guilt by association. The new crime of providing material support to a terrorist organization takes us back to the days of the inquisition. It is the crime of helping a group on the official enemies list of the United States or the European Union.

Recently, a court in Copenhagen dismissed charges against persons selling t-shirts bearing FARC and PFLP logos. The defendants had advertised that five Euros from each sale would be donated to those organizations. The court made factual findings that the FARC and PFLP are not, under Danish law, terrorist organizations because their actions are intended to overthrow their governments, not to terrorize civilians.

In the United States, this kind of political designation is not reviewable by the courts, even though it determines the rights of the individual “terrorists.” When FARC guerrilla Simón Trinidad was put on trial for conspiracy to commit hostage-taking for his admitted role as a prisoner exchange negotiator for the group, the court not only did not review the FARC’s status as a terrorist organization, but also held that Trinidad could not be a prisoner of war, because the United States and Colombia are not at war. Trinidad is the first “international terrorist” ever extradited and tried in the US under the new law prohibiting the provision of material support to an officially designated terrorist organization.

Chavez’ call to the international community will have wide-ranging implications—for foreign insurgents being tried as ordinary criminals in places like Washington DC, for ordinary Colombians who should not have to fear being kidnapped or blown up by a land mine, and for the irrational and war-mongering “global war on terrorism,” whatever that is. It could begin to undo the immense damage this one word – terrorist – has inflicted on the world in recent years.

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Paul Wolf is an attorney in Washington DC practicing international human rights law.

From our weblog:

FARC: “terrorists” or “belligerents”?
WW4 Report, Jan. 21, 2008
/node/4962

Danish court: FARC, PFLP not terrorists
WW4 Report, Dec. 16, 2007
/node/4810

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Special to World War 4 Report, Feb. 1, 2008
Reprinting permissible with attribution

Continue ReadingBOLIVAR’S SWORD 

FEAR AND LOATHING IN BOLIVIA

New Constitution Escalates Polarization

by Ben Dangl, Upside Down World

“Let’s go unblock the road, compañeros!” a man in an old baseball cap yells as he joins a group of people hauling rocks and tires from a central intersection in Cochabamba. This group of students and union activists are mobilizing against a civic strike led by middle-class foot soldiers of the Bolivian right. These actions in the street are part of a political roller coaster which is dramatically changing Bolivia as it enters the new year.

Two major developments marked the close of the year in Bolivia: the passage of a new constitution and the worsening of political polarization in the country. The new constitution reflects the socialistic policies advocated by indigenous president Evo Morales, while racism, regional and political divisions still threaten to push Bolivia into a larger conflict.

In the final weeks of 2007, a variety of protest tactics were used by political factions to advocate competing visions for the future of the country. From November 24-25, clashes between security forces and opposition protesters in Sucre left three people dead and hundreds wounded, forcing the assembly rewriting the country’s constitution to move to Oruro. Anarchists dressed in black and pounding drums marched against racism in Cochabamba, while older Bolivians in La Paz organized rallies in support of a new pension plan. In the town of Achacachi, Aymara indigenous leaders sacrificed two dogs in a ceremony declaring war on the wealthy elite in Santa Cruz.

Santa Cruz is a department with a capital city of the same name and is the center of the right’s growing movement against the Morales government. The Bolivian right is led by four governors in the eastern departments of Beni, Pando, Santa Cruz and Tarija; civic committees, business and land owners; and the political party Democratic and Social Power (PODEMOS). The right organized various civic strikes throughout 2007, while supporters of the Movement Toward Socialism, (MAS, the political party of Morales), also flexed their political muscle in protests, blockades and strikes. Though government and media battles often carve new policies and shape debates, street mobilizations remain a vital part of Bolivian politics.

Transformation Through a New Constitution?

On December 8-9, MAS assembly participants and their allies passed the new constitution in Oruro. Opposition party members boycotted the meeting. Representatives of neighborhood councils, mining unions, coca growers’ unions, student and farmer groups mobilized in Sucre to defend the assembly from right-wing intervention. Activists blew up dynamite to intimidate political opponents while assembly participants chewed coca to stay awake throughout the weekend-long gathering.

The new constitution paves the way for many of the changes the government has been working toward since Morales was elected in 2005. The document gives the state greater control over natural resources and the economy, and guarantees expanded autonomy for departmental governments and indigenous communities. It also calls for a mixed economy, where the rights of private, public and communal industries are protected. Indigenous community justice systems are better recognized through the new constitution and the document establishes that Supreme Court judges are to be elected instead of appointed by congress. The constitution also lifts the block on second consecutive terms for the president. This change would allow Morales to run again for two more terms in a row, in addition to his current time in office.

Though it was passed in the assembly in Oruro, the new constitution still has to be approved in a national referendum along with a vote on an article on land reform which is still in dispute. This controversial article puts a limit on private ownership of land to 100,000 hectares. Such a policy would greatly impact large land holdings in the department of Santa Cruz and other regions. On top of these challenges will be the difficulty of actually implementing these policy changes which so far only exist on paper.

Right-wing assembly members from PODEMOS, civic leaders and governors announced that they will not recognize the new constitution as it was passed without their support. MAS’s take on this, as represented by Bolivian Vice President Alvaro Garcia Linera, is that the light-skinned elite do want to give up any of their privileges. Linera told the Los Angeles Times that these elites “have to understand that the state is no longer a prolongation of their haciendas [estates.]”

As a way out of the tense divisions, Morales announced that a referendum would be held in 2008 on his presidency and all governorships. In this referendum, which is scheduled to happen sometime before September, Morales established a rule that he has to receive over 54% of votes – what he received when elected president in 2005 – supporting his presidency to remain in office. If he doesn’t receive this support, he is to hold elections within 90-120 days. At the same time, there will be a referendum on whether the governors will stay in office. If the governors do not receive more votes than they did when they were elected in 2005, then they can be replaced by an interim governor of Morales’ choosing until the next elections.

This referendum could be a way for Morales to strengthen his own mandate, while weakening the right. Though criticism among Morales’ base of support has increased recently, when given a choice between supporting the right and Morales, this large voter group would likely vote for Morales. There is also a lack of alternatives to Morales among the Bolivian left. A massive voter registration drive, largely in rural areas, launched by the Morales administration is also likely to play into the president’s favor in this referendum. A recent poll conducted by Ipsos Apoyo, Opinión y Mercado showed that 56% of the population currently approves the performance of Morales.

The Right and New Polarization

Shortly after Morales announced plans for the referendum, the right made another bold announcement which made political negotiations even more unlikely. On December 15, right wing leaders in Santa Cruz declared autonomy from the central government. Leaders announced the creation of Santa Cruz ID cards, a television station and its own police force; the Bolivian national police force will no longer be recognized. In addition, the autonomy declaration establishes that 2/3 of taxes from the oil and gas industry in that department will remain in Santa Cruz, rather than going to the central government. Expanded autonomy for four of the opposition-led, resource rich, departments would further threaten the stability of the Morales government.

Meanwhile, strikes, road blockades and protests have been organized among all political factions and violence has often erupted throughout what has been a turbulent end to the year. There have been approximately eight political bombings in Bolivia in 2007. Most of these incidents involved dynamite or grenades, and the majority of them were against leftist unions or MAS party officials

Morales and his opponents have shown interest in meeting to negotiate some kind of compromise. Such a meeting was put at risk when on December 31 right-wing leaders said they threw the new constitution into the garbage. Morales responded by saying that their autonomy statute should be thrown in the garbage. These declarations are likely to further erode relations between political opponents and increase division in the country.

A government plan to redirect gas industry taxes from departmental governments into a national pension plan has resulted in outcries from the right, and praise from MAS supporters. This pension, called the Dignity Salary, was approved in congress on November 27 without many opposition members present. The pension plan gives Bolivians over age 60 approximately $26 per month. The funds, which are to be an estimated $215 million annually, would be redirected from current gas tax funds which had previously gone to departmental governments. Right-wing governors protested the pension, demanding that this redirected tax money stay in their departments.

Another of the right’s criticisms of the Morales administration is that the president’s policies are bad for business and international relations. Recent events and reports prove otherwise. On January 1, the government announced that in 2007 the Bolivian economy grew by 4.2%, which is more than the 1.7% growth in 2001 when Jorge Tuto Quiroga was vice president of the country. Quiroga, of PODEMOS, is a key leader of the current opposition against Morales.

In mid-December, Brazilian president Luiz Inácio Lula da Silva and Chilean president Michelle Bachelet met with Morales in Bolivia to show their support for his government and the new constitution. The three heads of state negotiated a plan to develop a $600 million highway from Santos, Brazil, across Bolivia and to sea ports in Arica, Chile. During the same visit, the Brazilian hydrocarbon company Petrobras announced it would invest up to $1 billion to further develop the Bolivian gas industry.

Morales also cut a deal with a South Korean company to collaborate with Bolivian state-owned COMIBOL to exploit a copper mine in Corocoro, outside La Paz. On December 21, Bolivian foreign minister David Choquehuanca, during a visit in Beijing, announced proposals for Chinese investment in Bolivian telecommunications, transportation, hydrocarbons and minerals. Though specific deals with China were not discussed, Choquehuanca told Reuters, “We need investment but we need investment that gets us out of poverty, not investment that strips our natural resources and leaves us poor.”

Last November, in the cold lobby of a museum in La Paz, Bolivian vice president Garcia Linera arrived late to a panel on political change in Latin America. It was raining heavily in the Bolivian capital and the political crisis threatened to tear the country apart. Throughout the presentation, Linera left the panel to field numerous cell phone calls. When he finally commented on the polarization and conflicts in the country, he warned about the risk of widespread division, and said this moment of “bifurcation” is “much closer than it appears.” He spoke of how the “new state is consolidating itself” and how the right may “gradually accommodate” itself to these changes. Yet, he warned, the right could also work to block the government’s changes to revert to a past balance of power, which could create more tension. As Bolivia enters the new year, this tension is more present than ever.

Bolivia ended 2007 with more questions than answers about the future of the nation. Will the government be able to transform the state into something useful for a majority of Bolivians? What role will the social movements of Bolivia play in pushing for radical change? Will the policies in the new constitution be applied in effective ways? Though many of these issues may not be resolved in 2008, the good news is that Bolivia is directly addressing these critical questions.

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Benjamin Dangl is the author of “The Price of Fire: Resource Wars and Social Movements in Bolivia” (AK Press, 2007).

This story first appeared Jan. 3 on Upside Down World
http://upsidedownworld.org/main/content/view/1067/1/

See also:

CONSTITUTIONAL CONFLICT ROCKS BOLIVIA
Deadly Violence as Draft Charter Approved
from the Andean Information Network
WW4 Report, December 2007
/node/4752

From our weblog:

Bolivia’s constitutional crisis: rival “decentralizations”
WW4 Report, Dec. 8, 2007
/node/4855

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Reprinted by World War 4 Report, Jan. 1, 2008
Reprinting permissible with attribution

Continue ReadingFEAR AND LOATHING IN BOLIVIA