Andean Group - 8 March 2005

The peace process with the Autodefensas Unidas de Colombia (AUC) reached a crucial stage last month when the government introduced its proposed legal-framework for the demobilisation process, indicating what would happen to paramilitary fighters once they handed over their weapons. It was little surprise that the issue was highly controversial in congress; what was more surprising was how close it came to throwing the government into total disarray.

A show of disunity
The legal framework, which the government has dubbed "Justice and Peace legislation", represents the nub of the peace process. Demobilisation, which is less than a quarter complete, hinges on the government outlining what fate would await fighters disarm and the AUC accepting it. The legislation requires a balance between punishing those responsible for human-rights abuses to the satisfaction of the international community and proposing a deal which would not deter paramilitaries from demobilising in the first place.

The government quickly stumbled. The peace commissioner, Luis Carlos Restrepo, and the vice-president, Francisco Santos, fell out with the interior minister, Sabas Pretelt, believing Pretelt's legislation was too hard on the paramilitaries and would kill the peace process. President Alvaro Uribe ordered the three to appear for a photo-shoot together to dispel rumours of a split in the government, but the façade did not last long; Restrepo handed in his resignation on 16 February after Uribe chose to back Pretelt's proposed legislation. The president rejected the offer, but the saga had exposed the government's weakness before it even sent the proposal to congress. Once there, the Justice and Peace bill was competing with legislation proposed by Senator Rafael Pardo, allowing for paramilitaries to serve sentences up to 30 years. The government's own bill envisaged sentences of between five and 10 years for paramilitaries who have committed crimes against humanity.

AUC throws hand in, Uribe achieves
Just as congress was debating the issue, the paramilitaries issued a carefully timed reminder of exactly what was at stake. In a statement issued on 23 February, the AUC's leadership criticised both bills, saying they sought to impose "a humiliating process of submission to the courts". The paramilitaries went on to say that if the final law doesn't meet with their approval, they "will choose to stay in the mountains, facing up to war and death". The government's equally forthright response, that it would not be pressured by the paramilitaries, and that their opinions would have no impact on the final legislation, could not hide the fact the paramilitaries still consider themselves to hold the upper hand.

However, Uribe's response to the various difficulties surrounding the legislation has served to place the government back in control. After lengthy and intense debate in the legislature, the government and congress finally agreed on 1 March on a legal framework which can now be sent to congress for full parliamentary debate. The legislation envisages sentences of five to eight years for those responsible for crimes against humanity. It also proposes that anyone currently serving time in prison apart from the murderers and rapists of children can reduce their sentences by between 10% and 20% if they agree to offer financial or moral reparations. Paramilitary cases will be heard in normal courts rather than specially-appointed tribunals. The paramilitaries have yet to respond, but the consensus is that they will be satisfied with the legislation. The lack of comment from abroad also suggests that Uribe might have achieved the difficult balance.