Colombia grasps at peace

Colombians have lived with violence from terrorist groups for more than 40 years. These guerrilla groups -- most notably the Revolutionary Armed Forces of Colombia, known by the Spanish acronym FARC, and the National Liberation Army, or ELN -- emerged in the 1950s as left-wing organizations. But over the years, they have abandoned their political agenda, and today they are well-organized, sophisticated networks that traffic in drugs and terrify the civilian population through violence, bombings and kidnappings.

In response to years of guerrilla violence, a number of paramilitary groups emerged to protect landowners from extortion and kidnappings. But over time they, like the guerrillas, became linked to illegal drug-trafficking activities and kidnapping. In recent years, these well-financed, heavily armed paramilitary groups have united to form the United Self-Defense Forces of Colombia, or AUC.

After decades spent combating these groups in an effort to bring peace to Colombia, it has become clear that a negotiated process is the only definitive means of ending the violence.

Previous efforts to negotiate an end to violence with these illegal armed groups have failed. But over the last three years, the Colombian government has strengthened its ability to go after the terrorists and, as a result, homicides are down 40%, kidnappings 70%, and attacks have declined substantially. Now is the perfect moment to hold out an olive branch to disarm and demobilize terrorist groups.

For nearly two years, the Colombian Congress has intensely debated conditions for peace. Every part of Colombian society and many in the international community participated in this democratic process -- through town hall meetings, legislative hearings, conferences and the media. On June 22, the Congress passed its law.

The new law establishes a comprehensive framework to dismantle terrorist organizations -- both guerrilla groups and paramilitaries -- and ensure the future security of Colombian citizens while guaranteeing a level of punishment and reparation to redress the crimes committed.

Under the law, combatants belonging to illegal armed groups must turn themselves in to the government, renounce terrorism, confess all crimes and accept the charges brought against them. Moreover, they must fully dismantle all the structures of their groups, surrender any ill-gotten assets, release all hostages, financially compensate the victims of their actions and pledge to refrain from engaging in future criminal conduct.

Those who fulfill all these conditions become eligible for a sentence of five to eight years for the crimes they have confessed. Up to 18 months of the time spent in concentration areas during negotiations may count toward time served. The law does not provide for any further reductions in sentence.

Critics of the measure, known as the Justice and Peace law, complain that it provides an amnesty for serious crimes. But this couldn’t be further from the truth: The law does not grant amnesty at all. It offers a sentence of five to eight years, which is hardly an unreasonable price for the possibility of peace. And that’s only available to those who confess; any crimes to which the ex-combatants do not confess -- but which they are suspected of -- can be investigated and tried, with no benefits from the new law. For these crimes, they could get up to 40 years.

Drug traffickers are not eligible to benefit from the terms of this law at all.

Further, the question of extradition is not touched on, thus preserving the Colombian government’s discretionary power to comply with extradition requests. The government of President Alvaro Uribe has used extradition as a powerful tool against drug trafficking, sending 270 suspects to the United States over the last three years -- more than any other country. Colombia’s extradition policy has never been subject to negotiation with illegal armed groups.

The rights of victims are fully guaranteed. The law creates a National Commission of Reparation and Reconciliation and a Fund for the Reparation of Victims, and it creates several regional commissions for the restitution of property.

The courts are directed to order reparation measures -- to be paid by the state from the proceeds of illegal assets surrendered by the demobilized fighters -- even in cases where it is not possible to identify the perpetrator.

The critical task for the government now is to effectively implement the Justice and Peace law. This will require significant resources, personnel and new institutions, and steadfast resolve by the nation. President Uribe and his administration should now be given an opportunity to produce results for Colombians.

The law is not perfect; it is a product of political compromise. But it is tougher -- and will provide greater justice -- than any previous demobilization effort in the country’s history.