NAME OF MECHANISM

Disarmament, demobilisation and reintegration programme

PERIOD OF OPERATION

2005 – present. The programme has no definitive end date.

MANDATE AND OPERATIONS

Mandate: The disarmament, demobilisation and reintegration (DDR) programme was established by the Justice and Peace Law (Law 975), passed in 2005. It consists of two streams, one for the collective demobilisation of the paramilitary United Self-Defense Force of Colombia (AUC) and one for individual demobilisation of other armed groups.

Former combatants are offered reduced prison sentences in exchange for several commitments. First, they must offer full and truthful confessions regarding their participation in paramilitary crimes and agree to hand over illegally acquired assets. They must also pledge to end illicit activities. All minors and kidnapping victims must be handed over to the authorities. Individually demobilised combatants only benefit from the DDR programme if they agree to disclose all information regarding the group to which they belonged.

Furthermore, if former combatants desire the full benefits of the programme, they must genuinely attempt to reintegrate into society, make amends with their victims and demonstrate that they have cooperated with the authorities.

RESOURCES

Justice and Peace Law [2005]
Colombia and the Stocktaking Exercise of the ICC [2009]

RESULTS

According to the Colombian government, around 50,000 combatants had been demobilised through the DDR programme by 2009. Over 18,000 weapons had been handed over and destroyed, and the main leaders of the AUC and their accomplices had been apprehended and were awaiting hearings. Reintegrated combatants have been given a monthly payment of US$161, a subsidised medical scheme, basic education and job training, psychosocial care and support for development projects. The government also introduced a special programme through which 2,968 minors participating in the armed conflict were demobilised by 2006 [República du Colombia | 2009].

The DDR programme has been criticised for not meeting its objectives as a result of underfunding [Colombia Reports | 15 Mar 2011]. Reports suggest that many ex-combatants have rejoined the conflict. In addition, many have avoided handing over illegally acquired assets – which would have gone towards reparations for victims – by applying for pardon though a previous law, Law 782 [AI | 2010].

The Justice and Peace process also faces other challenges. Many victims have reported being threatened, and some have been killed. This may discourage victims from cooperating with the authorities in identifying perpetrators. In addition, former President Álvaro Uribe’s decision to extradite a number of paramilitary leaders to the United States on drug trafficking charges has alarmed many of the commanders willing to testify and slowed the process down considerably [AI | 2010]. Furthermore, because the law targets low-ranking individuals who committed abuses, it may not adequately address the responsibility of those in charge [Colombia Reports | 21 Sep 2010]. However, because the International Criminal Court special prosecutor opened a preliminary investigation into the situation in Colombia in 2005 to assess whether there are genuine national prosecutions underway [ICC | 2011], the government has been under pressure to push for the accountability of perpetrators at all levels.

BACKGROUND

The conflict in Colombia is a struggle for control over resources by guerrillas, paramilitaries, domestic elites and multinational corporations. Paramilitary groups, formed to fight the guerrillas, became the elite’s way of protecting its interests. In order to finance the conflict, paramilitary drug cartels developed and the money was used to buy land. The Revolutionary Armed Forces of Colombia (FARC) and the National Liberation Army (ELN) have also financed themselves through drug trafficking.

The Justice and Peace Law expands on the principles of Law 782 and Decree 128. All three laws are designed to demobilise combatants while protecting the rights of victims [CJA | 2008]. However, Law 782 and Decree 128 have proven problematic because they provide a systemic loophole by allowing perpetrators to apply for pardon. Some perpetrators have been required only to answer questions regarding their military activities in exchange for pardon. Because the Justice and Peace Law includes punishment, a number of former combatants have avoided applying for reintegration under the law where possible [HRW | 2010].

SOURCES

[Amnesty International | 2010]
[Centre for Justice and Accountability | 2008]
[Colombia Reports | 21 Sep 2010]
[Colombia Reports | 15 Mar 2011]
[Human Rights Watch | 2010]
[International Criminal Court | 2011]