The change of government and its stricter vision have slowed down the implementation of the agreement, but it is progressing in its application.

The implementation of the peace agreement in Colombia is proceeding more slowly than anticipated by those who signed it two years ago, but there has not been the paralysis or even the crisis predicted by those who opposed the election of Iván Duque as president of the country. The latest estimate speaks of a compliance with the stipulations of the peace agreement close to 70%, although the remaining 30% is already being breached.

▲ Colombian President Iván Duque at a public event [Efraín Herrera-Presidencia].

article / María Gabriela Fajardo

Iván Duque arrived at the Casa de Nariño - the seat of the Colombian presidency - with the slogan "Peace with Legality", a degree scroll that synthesized his commitment to implement the peace agreement , signed in November 2017, but reducing the margins of impunity that in his opinion and that of his party, the Democratic Center, existed for the former combatants of the Revolutionary Armed Forces of Colombia (FARC). One year after his election as president, it is worth analyzing how the peace agreement is being implemented.

About 70% of the provisions of the agreement have already been fulfilled, totally or partially, or will be fulfilled within the stipulated time, agreement to the estimate of the Kroc Institute, in charge of making the official estimate of the implementation of the peace process. According to its third report, published in April, 23% of the commitments have been completely fulfilled, 35% have reached advanced levels of implementation and 12% are expected to be completely fulfilled by the stipulated time. However, almost 31% of the content of the agreement has not yet begun to be implemented, when it should already be underway.

The United Nations, to which the agreement grants a supervisory role, has underlined the efforts made by the new government to activate the various bodies provided for in the text. In his report to the Security committee , the UN University Secretary , António Guterres, highlighted at the end of 2018 the launching of the Commission for the Follow-up, Promotion and Verification of the Implementation of the Final agreement (CSIVI) and the National committee for Reincorporation (CNR).

As indicated by Raúl Rosende, chief of staff of the UN Verification mission statement in Colombia, Guterres' report positively estimated that "20 collective projects and 29 individual projects of ex-combatants in the process of reincorporation, valued at 3.7 million dollars and which will benefit a total of 1,340 ex-combatants, including 366 women" had been "approved". These projects have involved the governments of Antioquia, Chocó, Cauca, goal, Santander, Sucre and Valle del Cauca, which have facilitated departmental reincorporation roundtables to coordinate local and regional efforts, thus involving Colombian civil society to a greater extent.

The UN has also expressed some concerns, shared by Colombian civil society. The main one has to do with security in some of the historical conflict zones where a high issue of social leaders have been assassinated. The murders have been concentrated in Antioquia, Cauca, Caquetá, Nariño and Norte de Santander. Thus, at least 226 social leaders and human rights defenders were assassinated in 2018, according to data from the Instituto de programs of study for development and peace(Indepaz). The Ombudsman's Office put the figure at 164.

In addition, as Rosende has recalled, many of the indigenous communities have suffered assassinations, threats and forced displacement. This has occurred in ethnic territories of the Awá, Embera Chamí and Nasa peoples in Caldas, Cauca, Chocó, Nariño and Valle del Cauca.

Along with the successes and concerns, the UN also points to a series of challenges that lie ahead in the post-conflict period. On the one hand, there is the challenge of guaranteeing former combatants the necessary legal security, generating confidence and producing real progress in terms of social and political reintegration. Another great challenge is to achieve the autonomous and effective functioning of core topic mechanisms such as the Special Jurisdiction for Peace (JEP) and the Commission for the Clarification of Truth, Coexistence and Non-Repetition or Truth Commission. In addition, there is also the social challenge of attending to the communities affected by the conflict, which demand security, Education, health, land, infrastructure and viable alternatives against illegal economies.

Controversial aspects

Issues related to the SJP have been the focus of Duque's most controversial actions. In March, the president presented formal objections to the law regulating the SJP, which he wants to modify six points of its 159 articles. Two of them refer to the extradition of former combatants, something that is not now contemplated if they collaborate with the transitional justice system, especially in the case of crimes committed after the signature of the agreement. Duque also proposes a constitutional reform that excludes sexual crimes against minors from the JEP, determines the loss of all benefits if there is recidivism in a crime and transfers to the ordinary justice system the cases of illegal conducts started before the agreement and continued after. The objections were rejected in April by the House of Representatives and also by the Senate, although the validity of the result in the latter was left in question, thus prolonging the discussion.

A new controversy may arise when the Territorial Spaces for training and Reincorporation (ETCR) come to an end in August. Around 5,000 ex-combatants are still in or around them. The High Counselor for the Post-Conflict, Emilio Archila, has stated that by that time, with the financial aid of the FARC (the political party that succeeded the guerrilla) and the Government, the ex-combatants must have work, be clear about their residency program and be prepared for reincorporation into civilian life.

Within the reincorporation process, the lack of compliance by FARC leaders with their commitment, stipulated in the peace agreement , to remain until the end in the ETCRs in order to contribute with their leadership to the smooth running of the process is a cause for concern. However, in recent months, several leaders have left these territories, among them "El Paisa", who has also failed to appear before the JEP, which has demanded his capture.

Nor is former ringleader Ivan Marquez cooperating with the transitional justice system, successively delaying his appearance before the JEP citing security concerns. Márquez has cited the killing of 85 former guerrillas since the signature of the peace agreement , and has accused the government of serious failures to comply.

There is also the case of Jesús Santrich, who like Márquez had acquired a seat in congress thanks to the implementation of the peace process. Santrich has been detained since April 2018 on the basis of an Interpol red notice at the request of the United States, which accuses him of the shipment of 10 tons of cocaine made after the signature the peace agreement .

A topic that has been addressed from the time of the negotiations has to do with forced eradication and crop spraying. The illicit crop substitution program began to yield results in 2018, resulting in thousands of peasant families agreeing with the government to replace their coca crops with other licit crops. Although in some Departments such as Guaviare there was voluntary crop eradication, this was not enough to compensate for the increase in plantings in 2016 and 2017. In 2018, close to 100,000 families - responsible for just over 51,000 hectares of coca - signed substitution agreements and this issue is expected to continue to increase throughout 2019. According to the Colombian government, citing US State department figures, more than 209,000 hectares of coca leaf have been planted, far more than in the era of Pablo Escobar, according to figures presented by President Ivan Duque last month to the Constitutional Court.

The benefits of peace are indisputable and much remains to be done to consolidate it. It is a task that cannot be left in the hands of the government alone, but requires the support of former combatants, their former leaders and civil society. The great challenge is to accelerate the implementation of the agreement and reduce political polarization, all in the search for national reconciliation.